Governing Body — Topeka, KS
Date: 2024-11-12

City Council Chambers 214 SE 8th
 Street, 2nd Floor Topeka KS 66603
 https://www.topeka.org




 Governing Body Agenda
 November 12, 2024
 6:00 PM

 Mayor: Michael A. Padilla
 Councilmembers
Karen A. Hiller District No. 1 Marcus D.L. Miller District No. 6
Christina Valdivia-Alcala District No. 2 Neil Dobler District No. 7
Sylvia E. Ortiz District No. 3 Spencer Duncan District No. 8
David Banks District No. 4 Michelle Hoferer District No. 9
Brett D. Kell District No. 5
 City Manager: Dr. Robert M. Perez


Addressing the Governing Body: Public comment for the meeting will be available via Zoom or in-person. Individuals
must contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org by no later than 5:00 p.m. on the
date of the meeting, after which the City Clerk's Office will provide Zoom link information and protocols prior to the
meeting. View the meeting online at https://www.topeka.org/communications/live-stream/ or at
https://www.facebook.com/cityoftopeka/.
Written public comment may also be considered to the extent it is personally submitted at the meeting or to the City
Clerk's Office located at 215 SE 7th Street, Room 012B, Topeka, Kansas, 66603 or via email at cclerk@topeka.org on or
before the date of the meeting for attachment to the meeting minutes.
If you need any accommodations for the meeting, please contact the City ADA Coordinator at 785-368-4470. Kansas
Relay Service at 800-766-3777. Please provide a 48 Hour Notice if possible. Assistive listening devices are available for
use in the community forum.
Agendas are available by 5:00 p.m. on Thursday in the City Clerk's Office, 215 SE 7th Street, Room 012B, Topeka,
Kansas, 66603 or on the City's website at https://www.topeka.org.
CALL TO ORDER:
INVOCATION:
PLEDGE OF ALLEGIANCE:
1. ROLL CALL:
2. APPOINTMENTS:
 A. Board Appointment - Topeka Board of Zoning Appeals

 BOARD APPOINTMENT recommending the reappointment of Carole Jordan to the Topeka
 Board of Zoning Appeals to fill a term ending December 1, 2027. (Council District No. 1)

 B. Board Appointment - Board of Plumbing Appeals

 BOARD APPOINTMENT recommending the reappointment of Doug Snook to the Board of
 Plumbing Examiners for a term ending December 31, 2026. (Council District No. 7)

 C. Board Appointment - Board of Building and Fire Appeals

 BOARD APPOINTMENT recommending the appointment of Toby Taggart to the Board of
 Building and Fire Appeals for a term ending September 6, 2026. (Outside City Limits)


3. PRESENTATIONS:
 City of Topeka Fire Medical Transport Analysis Report
4. CONSENT AGENDA:
 A. Professional Engineering Contract Amendment - Recreation Engineering & Planning - Kansas
 Weir Project Project 281255.04

 APPROVAL of a Utilities Engineering Contract Amendment between the City of Topeka and
 Recreation Engineering & Planning, in an amount not to exceed $89,800 for engineering
 services.

 (Approval will authorize the City Manager to sign and execute the contract amendment to advance
 the preliminary design to detailed design, conduct floodplain impact analysis, and develop select
 permit application documents to support the Kansas River Weir Improvements Project 281255.04.)

 B. Professional Engineering Contract - Bartlett and West, Inc. - Hydraulic Water Model Upgrades
 281245.18

 APPROVAL of a Utilities Engineering Contract between the City of Topeka and
 Bartlett and West, Inc., in an amount not to exceed $175,000 for engineering services.

 (Approval will authorize the City Manager to sign and execute the contract to provide for hydraulic
 water modeling upgrades to the GIS integrated water distribution system project 281245.18.)

 C. MINUTES of the regular meeting of October 15, 2024
 D. APPLICATIONS:

5. ACTION ITEMS:
 A. Resolution - Amending the 2025-2034 CIP and 2025-2027 CIB - Lead Service Line Replacement
 Project No. 281361

 RESOLUTION introduced by the Public Infrastructure Committee comprised of
 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler, amending the 2025-2034 Capital
 Improvement Plan (CIP) and 2025-2027 Capital Improvement Budget (CIB) to include Project
 No. 281361. (The Public Infrastructure Committee recommended approval on October 15, 2024.)

 Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 (Approval would amend the CIP/CIB to add the project and authorize the total project budget in
 the amount of $74,280,000.)

 B. Public Hearing and Resolution - State Revolving Fund Loan for costs related to inventorying
 or replacing lead service lines

 PUBLIC HEARING concerning a proposed loan in an amount not to exceed $74,280,000 to be
 taken by the City of Topeka from the Kansas Public Water Supply Loan Fund administered by
 Kansas Department of Health and Environment (KDHE) pursuant to KSA 65-163c et seq.

 RESOLUTION introduced by City Manager Dr. Robert M. Perez, authorizing the filing of
 an application to the Kansas Department of Health and Environment regarding a loan from the
 Kansas Public Water Supply Loan Fund.

 Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 (Approval would authorize City staff to proceed with the preparation and execution of a loan
 agreement with KDHE for the purposes of permanently financed costs related to inventorying or
 replacing lead service lines.)

 C. Kansas Department Of Transportation (KDOT) Real Estate Conveyance - City Fleet Garage

 CONVEYANCE of real estate to the State of Kansas for $3,685,887.76.

 Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 (Approval would convey the current light duty fleet garage located 210 SE 4th Street, adjacent to the
 Law Enforcement Center to the State of Kansas.)

 D. Labor Agreement - Teamsters Local No. 696

 APPROVAL of a three-year labor agreement between the City of Topeka and
 Teamsters Local No. 696, representing street maintenance employees.
 Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 (Approval will provide the terms and conditions of the employee-employer relationship as tentatively
 agreed to between Management and the Union and authorize the City Manager to execute the
 agreement effective January 2025 through December 2027.)
 E. Ordinance - Pest Elimination Amendments

 ORDINANCE introduced by the Public Health and Safety Committee comprised of
 Councilmembers Hiller, Valdivia-Alcala, Banks and Duncan, concerning pest elimination
 responsibilities set forth in the 2012 International Property Maintenance Code, amending
 8.60.170 of the Topeka Municipal Code and repealing the original section. (The Public Health
 and Safety Committee recommended approval on October 23, 2024.)
 Voting Requirement: Action requires at least five (5) votes of the City Council. Mayor does not
 vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority.

 (Approval would amend the TMC concerning pest elimination responsibilities by adding language
 that clarifies the landlord as well as the tenant has responsibility when more than one unit in a
 multifamily property is affected.)

6. NON-ACTION ITEMS:
 A. Discussion - SW Huntoon Street Reconstruction Project Design

 DISCUSSION of design options for the SW Huntoon Street, Street Design Project from Gage
 Boulevard to Harrison Street.

 (Staff is seeking direction from the Governing Body on which design option to choose for the SW
 Huntoon Street Improvement Project.)

 B. Discussion - 2025 Legislative Agenda

 DISCUSSION regarding the 2025 City of Topeka Legislative Agenda. (The Policy and
 Finance Committee recommended approval on October 22, 2024.)
 (Proposed priorities relate to Finance and Taxation, Public Safety Welfare, Community and
 Economic Development.)

7. PUBLIC COMMENT:
 Public comment for the meeting will be available via Zoom or in-person.
 Individuals must contact the City Clerk's Office at 785-368-3940 or via email at
 cclerk@topeka.org by no later than 5:00 p.m. on the date of the meeting, after
 which the City Clerk's Office will provide Zoom link information and protocols
 prior to the meeting. Written public comment may also be considered to the
 extent it is personally submitted at the meeting or to the City Clerk's Office
 located at 215 SE 7th Street, Room 012B, Topeka, Kansas, 66603 or via email at
 cclerk@topeka.org on or before the date of the meeting for attachment to the
 meeting minutes. View the meeting online at
 https://www.topeka.org/communications/live-stream/ or at
 https://www.facebook.com/cityoftopeka/.
8. ANNOUNCEMENTS:
9. EXECUTIVE SESSION:
 Executive Sessions are closed meetings held in accordance with the provisions of the Kansas
 Open Meetings Act.

 (Executive sessions will be scheduled as needed and may include topics such as personnel
 matters, considerations of acquisition of property for public purposes, potential or pending litigation
 in which the city has an interest, employer-employee negotiations and any other matter provided for
 in K.S.A. 75-4319.)
10. ADJOURNMENT:
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 November 12, 2024


DATE: November 12, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Carole Jordan Board of PROJECT #:
 Zoning Appeals
 Appointment
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

BOARD APPOINTMENT recommending the reappointment of Carole Jordan to the Topeka Board of
Zoning Appeals to fill a term ending December 1, 2027. (Council District No. 1)

VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. Mayor does not vote.
POLICY ISSUE:
The board of zoning appeals shall administer the details of appeals from or other matters referred to it regarding
the application of the zoning regulations in accordance with the general rules set forth in the Topeka Municipal
Code.
STAFF RECOMMENDATION:
Councilmember Hiller nominates and Mayor Padilla recommends the reappointment of Carole Jordan for a three-
year term ending December 1, 2027.
BACKGROUND:
This is a City-created board requiring the Council nominate and the Mayor appoint. If no Council nominations
are received the Mayor may appoint. The Board of Zoning Appeals shall consist of seven members appointed by
the Mayor. None of the members shall hold any other public office by the City except two members may be
members of the Topeka Planning Commission. The appointees shall reside inside the corporate area of the city of
Topeka. Members shall be appointed for terms of three years each. Ms. Jordan does not hold a public office for
the City and she resides within the corporate area of the city as required.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
C, Jordan - Application
City of Topeka Boards and Commissions
Application
Submitted on 12 September 2024, 9:07AM

Receipt number 270

Related form version 8



Profile
First Name Carole


Last Name Jordan


Email Address carolejordan53@yahoo.com


Street Address 134 Southwest Broadmoor Avenue


Suite or Apt 134 SW Broadmoor Ave


City Topeka


State Kansas


Zip 66606-1257


Are you a resident of the City of Topeka? Yes


What district do you live in? District 1


Primary Phone 7854099982


Alternate Phone 7853544933


Employer retired


Job Title


Which Board would you like to apply for? Board of Zoning Appeals


Are you a registered voter? Yes


Are you currently a full or part-time employee of the City of No
Topeka?


Which department do you work for?



 1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?


Who are you related to and how are you related?


Are you or have you been a party to any civil litigation No
involving the City of Topeka?


Please explain the litigation and your role in it:


Are you delinquent in payment of any taxes, fees, fines, or No
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?


Please explain your delinquent payment situation.


Please state why you are interested in serving on this board or This would be my third term. Although it doesn't meet often, it is an
commission: important venue for citizens to appeal decisions they feel strongly about.



Interests & Experiences
Please describe your education, experience, and expertise I served two terms on the planning commission. I have a masters in
including any honors, awards, civic, cultural, charitable or public administration, am a past president of the league of women voters
professional organization memberships that relate to the and volunteered with Heartland Visioning, Kansas Leadership Center,
position you are seeking. NOTO and other groups. In my last job I managed Kansas' CDBG grants
 to rural communities.


List any professional licenses you hold in Kansas and advise if NA
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)


**Please upload a resume or any additional information you caroleresume2024.docx
believe may be helpful in considering your application.



Voluntary Self Identification
Ethnicity Caucasian/Non-Hispanic


Gender Female



Acknowledgements and Verification
Purpose of Information being submitted. I Agree


The information I am submitting is true and correct. I Agree


Your electronic signature




 Link to signature


 2 of 3
Alternative electronic signature Carole Jordan


Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
 attach are public records and, as such, are available to the public, upon
 request, pursuant to the Kansas Open Records Act.

 If you are appointed to the position, your application and resume will be
 included in the governing body meeting agenda which is posted online.




 3 of 3
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 November 12, 2024


DATE: November 12, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Doug Snook Board of PROJECT #:
 Plumbing Appeals
 Appointment
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

BOARD APPOINTMENT recommending the reappointment of Doug Snook to the Board of Plumbing
Examiners for a term ending December 31, 2026. (Council District No. 7)

VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. Mayor does not vote.
POLICY ISSUE:
The Board of Plumbing Examiners reviews applications and approves the issuance of licenses in accordance
with City Code. The board is empowered to hear and determine interpretations of applicable codes and to permit
exceptions, variances or waivers.
STAFF RECOMMENDATION:
Councilmember Dobler nominates and Mayor Padilla recommends the appointment of Doug Snook to the Board
of Plumbing to an expired term ending December 31, 2026. This position may be filled by a licensed master
plumber and must live within the city. Mr. Snook meets these requirements.
BACKGROUND:
This is a City-created board where the City Council nominates and the Mayor appoints. The board shall be
comprised of five members; two licensed master plumbers, one engineer or equivalent practicing in the particular
trade, and two persons who shall be a licensed journeyman, licensed master, or an engineer practicing in the
particular trade. Members shall be appointed by the mayor and serve two-year terms.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
D. Snook - Application
City of Topeka Boards and Commissions
Application
Submitted on 24 September 2024, 9:24AM

Receipt number 272

Related form version 8



Profile
First Name Douglas


Last Name Snook


Email Address doug@pcikansas.com


Street Address 4125 SW Misty Harbor Ave


Suite or Apt


City Topeka


State Kansas


Zip 66610


Are you a resident of the City of Topeka? Yes


What district do you live in? District 7


Primary Phone 785-845-6701


Alternate Phone


Employer Piping Contractor


Job Title Plumbing Foreman


Which Board would you like to apply for? Board of Plumbing Appeals


Are you a registered voter? Yes


Are you currently a full or part-time employee of the City of No
Topeka?


Which department do you work for?



 1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?


Who are you related to and how are you related?


Are you or have you been a party to any civil litigation No
involving the City of Topeka?


Please explain the litigation and your role in it:


Are you delinquent in payment of any taxes, fees, fines, or No
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?


Please explain your delinquent payment situation.


Please state why you are interested in serving on this board or Renewing my term
commission:



Interests & Experiences
Please describe your education, experience, and expertise
including any honors, awards, civic, cultural, charitable or Board of Plumbing Appeals Member
professional organization memberships that relate to the
position you are seeking.


List any professional licenses you hold in Kansas and advise if Master Plumber
they are current. (We reserve the right to request a copy of Backflow Certified
your license prior to approval of your appointment.)


**Please upload a resume or any additional information you
believe may be helpful in considering your application.



Voluntary Self Identification
Ethnicity Caucasian/Non-Hispanic


Gender Male



Acknowledgements and Verification
Purpose of Information being submitted. I Agree


The information I am submitting is true and correct. I Agree


Your electronic signature




 Link to signature

 2 of 3
Alternative electronic signature


Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
 attach are public records and, as such, are available to the public, upon
 request, pursuant to the Kansas Open Records Act.

 If you are appointed to the position, your application and resume will be
 included in the governing body meeting agenda which is posted online.




 3 of 3
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 November 12, 2024


DATE: November 12, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Toby Taggart Board of PROJECT #:
 Building and Fire
 Appeals Appointment
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

BOARD APPOINTMENT recommending the appointment of Toby Taggart to the Board of Building and
Fire Appeals for a term ending September 6, 2026. (Outside City Limits)

VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. Mayor does not vote.
POLICY ISSUE:
The City of Topeka Board of Building and Fire Appeals (BBFA) is responsible for reviewing and deciding on
appeals relative to the application and interpretation of the currently adopted commercial and residential building
and fire codes utilized within the Topeka jurisdiction. The BBFA has authority to hear and decide upon proposed
alternatives, equivalencies and performance measures that may not be specifically prescribed by these codes. To
be approved, any proposal must comply with the intent of the provisions of these codes. The BBFA does not have
the authority to waive the requirements of these codes.
STAFF RECOMMENDATION:
Councilmember Hiller nominates and Mayor Padilla recommends the appointment of Toby Taggart to the Board of
Building and Fire Appeals for a two-year term that will end September 6, 2026.
BACKGROUND:
This is a City-created board where the City Council nominates and the Mayor appoints. If no nominations
are received, the Mayor may appoint.

The board shall be comprised of seven members who shall be currently licensed or engaged in or have
substantial past experience in the following fields or professions: licensed professional engineer, licensed
architect, licensed commercial contractor, or other experienced professional working in a field related to building
construction. The board shall always consist of at least two engineers, two architects, and one contractor. A board
member who is otherwise qualified but does not reside in the City may be appointed if the candidate resides in
Shawnee County and is employed or operates a business within the City and will serve a two-year term.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
T. Taggart - Application
City of Topeka Boards and Commissions
Application
Submitted on 8 October 2024, 10:26AM

Receipt number 278

Related form version 8



Profile
First Name Toby


Last Name Taggart


Email Address toby.taggart@certusse.com


Street Address 9530 SE ADAMS ST


Suite or Apt


City Wakarusa


State Kansas


Zip 66546


Are you a resident of the City of Topeka? No


What district do you live in? Other/Outside City Limits


Primary Phone 7852910400


Alternate Phone 7852174861


Employer Certus Structural Engineers


Job Title Principal


Which Board would you like to apply for? Board of Building and Fire Appeals


Are you a registered voter? Yes


Are you currently a full or part-time employee of the City of No
Topeka?


Which department do you work for?



 1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?


Who are you related to and how are you related?


Are you or have you been a party to any civil litigation No
involving the City of Topeka?


Please explain the litigation and your role in it:


Are you delinquent in payment of any taxes, fees, fines, or No
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?


Please explain your delinquent payment situation.


Please state why you are interested in serving on this board or I would like to offer my expertise in structural engineering to help make
commission: decisions regarding interpretation and variances of the building code that
 may affect the safety the citizens of Topeka.



Interests & Experiences
Please describe your education, experience, and expertise BS - Civil Engineering - Kansas State University
including any honors, awards, civic, cultural, charitable or Secondary Major - Natural Resources & Environmental Science -
professional organization memberships that relate to the Kansas State University
position you are seeking. Employed as licensed Structural Engineering Consultant for over
 20years
 Currently serving as Advisor for BSA Aviation Explorer Post 8
 American Society of Civil Engineers (member)
 Kansas Society of Professional Engineers (member)


List any professional licenses you hold in Kansas and advise if Professional Engineer 16809 (current)
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)


**Please upload a resume or any additional information you
believe may be helpful in considering your application.



Voluntary Self Identification
Ethnicity Caucasian/Non-Hispanic


Gender Male



Acknowledgements and Verification
Purpose of Information being submitted. I Agree


The information I am submitting is true and correct. I Agree


Your electronic signature


Alternative electronic signature Toby R Taggart

 2 of 3
Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
 attach are public records and, as such, are available to the public, upon
 request, pursuant to the Kansas Open Records Act.

 If you are appointed to the position, your application and resume will be
 included in the governing body meeting agenda which is posted online.




 3 of 3
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 November 12, 2024


DATE: November 12, 2024
CONTACT PERSON: Isabel Ebersole, Tom DOCUMENT #:
 Jenkins and Jeremy
 Wade, Wichita State
 University
SECOND PARTY/SUBJECT: City of Topeka Fire PROJECT #:
 Medical Transport
 Analysis Report
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:
 City of Topeka Fire Medical Transport Analysis Report
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
BUDGETARY IMPACT:
SOURCE OF FUNDING:

ATTACHMENTS:
Description
Topeka Fire Department - Presentation
Topeka Fire Department - Continued Support Final Report
Continued Support: Fire
Medical
Title SlideTransport Analysis
Subhead
City of Topeka | City Council | November 12, 2024
Background, Purpose, and
Process

 2
Previous Work | 2022 Review & Assessment


 Provided information on
 Identified potential service
 department structure, best
 enhancements, specific
 practices, and innovative
 emphasis on EMS
 community examples



 Conducted data analysis
 Developed 12
 and stakeholder
 recommendations
 engagement


3
1. What is an appropriate level of
 EMS service delivery to the
 community from the TFD?

2. What recommendations should
 be implemented to achieve this
 service level over a reasonable
 timeframe?
 4
Process

Leadership Data Requests Engagement
Team
 • Topeka Fire • Lessons learned • City Council
 • City • New AMR/GMR members
 • Ambulance Provider report established • County Chief’s
 • Rural fire departments • Summary data Association
 • Local hospitals provided
 • Medical Director
 • Community members




5
No Perfect Solution




 Ultimate Goal: The closest and
 most appropriate emergency
 resources meet industry standards
 for response time when a time
 sensitive emergency occurs
6
Complications


 Intergovernmental service area of the ambulance provider

 Dissimilar organizations providing the service

 The tiered response system

 9-1-1 call management capabilities

 Limited resources for expansion and innovation

7
Recommendations

 8
Three Focus Areas




 Interagency
 Leadership & Coordination Response &
 Accountability & Deployment
 Cooperation



9
Leadership & Accountability


a. Establish a Collaborative Contract
 representing Shawnee County and the City
 of Topeka with AMR/GMR

 i. Require a minimum of 5 advance life support
 ambulances inside the city limits

 ii. Embrace incremental implementation of
 systems and methods as recommended


10
Leadership & Accountability

b. Assemble an EMS Advisory Board to serve as an intentional point of
 connection and provide a collaborative framework
 Duties: Recommended stakeholder groups for representation:
 • Collective contract management 1. Shawnee County
 • Resolve emergency healthcare needs 2. City of Topeka
 • Analyze data from AMR/GMR and TFD 3. Topeka Fire
 • Research programs for implementation 4. County Fire Official
 • Periodically evaluate the EMS delivery model 5. Local Healthcare Representative
 6. Citizen-at-large
 7. Contracted Ambulance Provider
 8. Medical Director (Ex-Officio, Non-Voting)
11
Interagency Coordination & Cooperation


a. Resize the Geospatial Boundaries currently
 used to measure performance

 i. The city should require performance reporting
 using geospatial boundaries that match fire
 station first-due areas or city council districts.
 This two-fold analysis would allow for more
 precise problem-solving strategies for future
 issues.


12
Interagency Coordination & Cooperation


b. Evaluate Emergency Communications at the Shawnee County 9-1-1-
 Center to identify opportunities for enhanced call surveillance and
 processing

c. Implement Public Engagement Apps to provide an enhanced level of
 bystander intervention and help with interagency awareness &
 coordination



13
Response & Deployment

a. Develop the TFD workforce by implementing a program of Emergency
 Medical Technician – Advance & Paramedic Trainings for firefighters
 • Attempt to train between 12 and 18


b. Develop the workforce of County Fire Departments by pursuing EMT-A
 and Paramedic programs

c. Incrementally Move to Advance Life Support within existing TFD fire
 companies at the approximate rate of one per year until every TFD
 station has EMT-A/Paramedic level capability
14
Response & Deployment


d. Staff and Implement Fire Department Ambulances,
 specifically three TFD ambulances available and in
 service by the second quarter of 2027.
 • These ambulances would support the existing EMS system
 and only respond to high priority medical call types and
 specific incidents associated with the fire department

 i. These should be initially staffed as EMT-Basic
 level resources, with migration to EMT-
 Paramedic level resources by the fourth
 quarter of 2028
15
 Chief T.C. Jenkins, PPMC Project Associate

Title Slide Chief Jeremy Wade, PPMC Project Associate
 Isabel Ebersole, Research Project Manager
Subhead
 www.Wichita.edu/PPMC
 Tom Jenkins, Project Associate/Technical Expert
 Jeremy Wade, Project Associate/Technical Expert
 Isabel Ebersole, Research Project Manager
 Lucas Jonker, Student Assistant




Continued Support: Fire Medical
Transport Analysis
City of Topeka | November 2024
Contents

Contents .......................................................................................................................... 2

Acknowledgments ........................................................................................................... 3

Disclaimer ....................................................................................................................... 3

Introduction ..................................................................................................................... 4

 Background ................................................................................................................. 4

 Purpose ....................................................................................................................... 5

 Process........................................................................................................................ 5

 Challenge Summation ................................................................................................. 7

Recommendations .......................................................................................................... 8

EMS Service Level Evaluation ...................................................................................... 12

 EMS System Surveys ................................................................................................ 13

 City of Topeka – Contractual Ambulance Provider .................................................... 18

Stakeholder Engagement .............................................................................................. 21

 City Council ............................................................................................................... 21

 Familiarity with the Subject .................................................................................... 22

 Quantitative Understanding of Performance .......................................................... 22

 Geographic Representation ................................................................................... 22

 Long-Term Planning and Collaboration.................................................................. 23

 County Fire Chiefs Association .................................................................................. 23

Conclusion .................................................................................................................... 25

Appendix ....................................................................................................................... 26




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 2
Acknowledgments

The Public Policy and Management Center (PPMC) would like to thank the members of
the Leadership Team who assisted with input into this report, especially:
 • Randall Phillips, City of Topeka, Fire Chief
 • Antony Standifer, City of Topeka, Deputy Fire Chief
 • Jon Antrim, Global Medical Response (GMR), Regional Director
 • Charles Huber, American Medical Response (AMR), Operations Manager
 • Kevin Flory, Shawnee Heights Fire District, Fire Chief
 • Keith Warta, Community Member


Additional thanks to the City Council members who had input into this report:
 • Neil Dobler, Council District 7
 • Spencer Duncan, Council District 8
 • Karen Hiller, Council District 1
 • Michelle Hoferer, Council District 9
 • Marcus Miller, Council District 6
 • Christina Valdivia-Alcalá, Council District 2




Disclaimer

This study was conducted by the PPMC at Wichita State University. The PPMC is an
independent research body unaffiliated with the City of Topeka. This report was
prepared by the research team and data collected from external sources. PPMC’s
findings are based on assumption of data accuracy received from internal and external
sources. The findings represent the findings, views, opinions, and conclusions of the
research team using input and information from various internal stakeholders. The
report does not express the official or unofficial policy of Wichita State University.




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 3
Introduction

Background
In 2022, the PPMC began work to understand and improve emergency medical
response within the Topeka Fire Department (TFD). This included a review and
assessment of the (TFD) with specific emphasis given to emergency medical services
(EMS) and potential service enhancements that complimented all elements of an all-
hazard response. The PPMC provided information on the department’s current
structure, best practices, and innovative community examples. The PPMC also
conducted data analysis and stakeholder engagement. This work culminated in twelve
recommendations (See Appendix). The nature of the emergency medical system in
Topeka, specifically the interaction among the city, county, contractual ambulance
provider and area fire departments left other items for consideration. Questions
remained about what other recommendations might help transform the current system
into one better suited for the needs of the city and surrounding areas. The City Council
requested the PPMC provide continued support through a second analysis contained
within this report.




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 4
Purpose
The purpose of this project was intentionally broad and targeted at the TFD and its
emergency medical service delivery model. PPMC developed two overarching research
questions:
 1. What is an appropriate level of EMS service delivery to the community from the
 TFD?
 2. What recommendations should be implemented to achieve this service level over
 a reasonable timeframe?
While the governing body or city officials did not provide a specific timeframe, PPMC
focused on recommendations attainable within the next five years throughout the
report's development.


Process
Starting in April 2024, the PPMC met regularly with a Leadership Team comprised of
representatives from TFD, the City, the contractual ambulance provider (AMR/GMR),
rural fire departments, local hospitals, and community members. The first focus of the
Team was to determine what data would be helpful for the project. While the scope of
the deliverable would be recommendations directly associated with the TFD,
understanding emergency medical call types, frequency, and location was necessary.


An official request for data under the City’s franchise agreement with AMR/GMR for
2022 to 2023 was made during the research phase of the project. The request included:
 1. Distribution of emergency calls by time of day and day of week
 2. Geospatial distribution of calls
 3. Information on provider impression or call type (chest pains, falls, motor vehicle
 collisions, etc.)
 4. Any information on performance relating to cardiac arrest
 5. Any information regarding percentage transports by destination
 6. Summary information on the number of ambulances and capability (ALS or BLS)
 for each day



Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 5
Through communication with AMR/GMR representatives, the Team learned their data
systems did not geographically track Topeka-specific, since the contract evaluates
compliance based on county-wide zones that do not follow city limit boundaries. Most of
the city is in an AMR/GMR geographic area referred to as “Zone 1”, with some portions
in “Zone 2”. AMR/GMR worked swiftly to establish a new capability to collect information
in a city-specific boundary. The report was available starting on June 1, 2024, but was
unable to be utilized retroactively for the purposes of this work due to the small size of
the dataset.


AMR/GMR provided summary data due to concerns about Protected Health
Information. Data shared included:
 Total calls for service
 o Advanced Life Support (ALS) and Basic Life Support (BLS)
 o Emergency and non-emergency
 Calls meeting contractual response time requirements

 Calls not meeting contractual response time requirements

 o Advanced Life Support (ALS) and Basic Life Support (BLS)
 o Emergency and non-emergency
 Annual total average response times

 o Emergency and non-emergency
 Average response times by month

 Nurse navigation utilization

 o Daily transaction breakout (April 2023 through June 2024)
 o EMS override breakout (September 2023 through June 2024)




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 6
Concurrent with the data request and research, the Team interviewed elected City
Council members to better understand their experience with the EMS system and
pertinent feedback from their constituents. Additionally, the PPMC also met with the
County Chief’s Association to gain insight of their similar, but unique, perspective on the
county-wide EMS system. Information from these meetings is outlined later in this report
in the section Stakeholder Engagement.


Challenge Summation
Through the regular leadership meetings, data analysis, and stakeholder engagement,
the Team surmised there is no perfect solution for blending the capability of the TFD
with the contractual ambulance provider. Many cities of similar size struggle with the
same variables and questions that are encountered within Shawnee County and the
City of Topeka. Fundamentally, the system works as designed when the closest and
most appropriate emergency resources meet industry standards for response time
when a time sensitive medical emergency occurs. Complicating this goal are the
intergovernmental service area of the ambulance provider, dissimilar organizations
providing the service, the tiered response system, 9-1-1 call management capabilities,
and limited resources for expansion and innovation.


The final recommendations, using information gathered throughout the process, were
designed, shaped, and informed by the Leadership Team and the PPMC into three
identified focus areas:
 1. Leadership and Accountability
 2. Interagency Coordination and Cooperation
 3. Response and Deployment
While other recommendations and ideas for improvement could be discussed and
included, it was the intent of this report to identify actionable items that could provide
strategic progress and establish foundational measures for future system
enhancements and integrations. The recommendations contained in this report are
anticipated for implementation over the next five years.



Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 7
Recommendations

The recommendations contained in this report exist as tangible results of a collaborative
effort for the purpose of the improvement of emergency medical performance,
capability, and capacity within the City of Topeka to best serve residents. While outside
the formal scope of this project, some of the recommendations are applicable to
Shawnee County and the fire departments that construct the tiered response system in
those areas. The process of recommendation development was iterative and involved
all stakeholders of the Leadership Team. In many cases, discussion and modification to
recommendations occurred to help create consensus. The following are the
recommendations:


1. Focus Area: Leadership and Accountability
 a. Collaborative Contract: A collaborative contract representing both Shawnee
 County and the City of Topeka should be established between those entities and
 the contracted ambulance provider to address the needs and response
 complexity of the ambulance service areas.
 i. The contract should require a minimum of five (5) advanced life
 support ambulances inside the city limits, as recommended in the
 previous PPMC report, and supported by the regional analysis
 conducted as part of this scope of work.
 ii. The contract should embrace incremental implementation of systems
 and methods to address community healthcare needs and non-
 emergency medically related calls for service in evidence-based
 strategies as recommended by the ambulance contractor and/or TFD.


 b. EMS Advisory Board: While both the ambulance service and TFD serve to
 provide key time-sensitive services to the community, they lack fundamental
 connection and collaborative framework.




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 8
 As part of the contract, an advisory board should collectively manage the
 contract, and provide direction for emergency medical responses, to both
 organizations. The EMS Advisory Board (EMSAB) should include single
 representative parties appointed from the following stakeholder groups serving
 terms in accordance with policies and procedures established by the board
 subsequent to its formation:
 1. Shawnee County
 2. City of Topeka
 3. Topeka Fire
 4. County Fire Official
 5. Local Healthcare Representative
 6. Citizen-at-large
 7. Contracted Ambulance Provider
 8. Medical Director (Ex-Officio, Non-Voting)
 The EMSAB should exist to resolve emergency healthcare needs, analyze data
 presented from both the contractual ambulance provider and the TFD, research
 programs for implementation and periodically evaluate the EMS delivery model of
 the city/county.


2. Focus Area: Interagency Coordination and Cooperation
 a. Resize Geospatial Boundaries: The geospatial boundaries currently used to
 measure performance are too large to conduct analysis of performance at a
 granular level (e.g., city council district, neighborhood, etc.).
 i. The City, as part of Recommendation 1a, should require performance
 from the ambulance contractor using geospatial boundaries that match fire
 station first-due areas or city council districts. This two-fold analysis would
 allow a more precise problem-solving strategy to future issues by
 identifying specific areas of concern(s).




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 9
 b. Evaluate Emergency Communication: The Shawnee County 9-1-1 Center should
 be evaluated to identify efficiency and effectiveness opportunities that would
 allow for enhanced call surveillance and processing as it relates to the fire
 department’s emergency medical program.


 c. Implement Public Engagement Apps: The City of Topeka should consider public
 engagement apps, like PulsePoint, to provide an enhanced level of bystander
 intervention and help with interagency awareness and coordination.


3. Focus Area: Response and Deployment
 a. TFD Workforce Development: The Topeka Fire Department should implement a
 program of Emergency Medical Technician – Advanced and Paramedic Training
 for its firefighters. This program would provide for long-term staffing of advanced
 life support apparatus. At a minimum, this program should attempt to train
 between 12 and 18 firefighters each year. This, when allowing for normal public
 safety organization attrition, should allow for long-term expansion of advanced
 EMS service delivery by the TFD.


 b. County Workforce Development: County Fire Departments should pursue EMT-A
 and Paramedic programs to standardize EMS response for the contractor.


 c. Move to Advanced Life Support: The department should incrementally convert
 existing fire companies from Basic Life Support to Advanced Life Support (EMT-
 A or Paramedic) at an approximate rate of one per year until every TFD station
 has EMT-A/Paramedic level capability. This could be accomplished through one
 company having this capability in two company firehouses.


 d. Staff and Implement Fire Department Ambulances: The department should staff
 and implement three (3) fire department ambulances to be available and in
 service by the second quarter of 2027.



Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 10
 These ambulances, while operated as fire department assets, would support
 the existing EMS system provided by the ambulance contractor and only respond
 to high priority medical call types and specific incidents associated with the fire
 department (structure fires, hazardous materials releases, etc.). These resources
 would be available for dispatch by the contractor’s dispatch center and
 supplement the overall ambulance ecosystem.
 i. These fire department operated ambulances should be initially staffed as
 EMT-Basic level resources, with migration to EMT-Paramedic level
 resources by the fourth quarter of 2028.




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 11
EMS Service Level Evaluation

A perfect formula for the deployment
of ambulances across a community
does not exist. Instead, the issue is
complex and requires an
understanding of a multitude of
variables that impact emergency
medical response. These include:


 ● Community demographics
 (population size, density,
 poverty levels)
 ● Geographic area, occupancies
 of high demand (e.g., skilled
 nursing facilities)
 ● Response model
 ● Level of service (EMT-Basic,
 EMT-Advanced, EMT-Paramedic)


To evaluate the deployment model for Topeka, the National Fire Protection Association
(NFPA) Standard 1710 Standard for the Organization and Deployment of Fire
Suppression Operations, Emergency Medical Operations, and Special Operations to the
Public by Career Fire Departments was utilized. Standard 1710 gives guidance on
response times for medical calls and the necessary number of emergency responders
necessary to operate such a model. This standard was utilized in previous consultant
reports done by Emergency Services Consulting International (ESCI) and the
International City Management Association (ICMA).




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 12
While this standard does specify response time expectations and staffing requirements,
it does not directly contribute to determining how many ambulances might be necessary
to protect Topeka, or what level of service the TFD should provide in a system in which
the ambulances are operated by a third-party. This leaves the question – what is the
appropriate EMS service level for Topeka? – without a complete answer.


EMS System Surveys
Because of the inability to apply a standard to the City and the limited access to primary
data representing the problem(s) described by stakeholders, a survey was conducted to
help further depict potential solutions.


This survey was an effort to identify and analyze municipalities across the region of
similar size to help gain insight to ambulance deployment, utilization, and distribution
across a variety of service areas.


The criteria utilized for selecting cities for the survey included:
 ● Must have publicly available data for analysis
 ● Population of at least 100,000
 ● Located in the Central Time Zone


Nineteen different cities met the criteria listed above and were used by the PPMC as
part of the survey.




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 13
Figure 1: Map Showing Cities Used for Regional Ambulance Survey by PPMC (2024)




While not intended from the onset, all the cities participating in the survey were from
fire-based EMS systems. The PPMC originally desired to include both fire and non-fire
ambulance data, however the availability of data from the non-fire-based systems were
extremely limited and it was not possible to generate a representative sample.




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 14
The survey was utilized to gather important data metrics to help compare and contrast
the various communities to help frame recommendations for Topeka. Those data points
gathered included:
 1. Number of ambulances deployed daily
 2. Annual call volume
 3. Population of the service area
 4. Service area size
 5. Total budget
 6. Total personnel


Computing these various data points allows comparison of the model used in the City of
Topeka. These standards can be used to assist in answering three major questions for
the city of Topeka.
 1. What is the range of ambulance quantity that should be expected for a city the
 geographic size of Topeka?
 2. What range of population and call volume necessitate additional ambulances in
 the system?
 3. Are there noticeable gaps in coverage models between Topeka and other
 municipalities in the survey?




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 15
The data analysis revealed the following.

Table 1: Regional Survey Results for Ambulance Provision

 Population Per Response Area (sq. mi.) Annual Calls
 Ambulance per ambulance* per ambulance
 N=19 N=17 N=19
 Minimum 16,667 5.18 1086
 Average 22,361 10.05 2741
 Maximum 39,166 24.33 5744
For the square mile per ambulance comparison information, the cities of Odessa, TX and Midland, TX were removed
because their total coverage area of responsibility was over 900 square miles, skewing the data provided.



Using data from the Topeka Fire Department and applying it to the various minimum,
average and benchmark attributes of the representative sample help to identify
minimum quantities of ambulances needed by the variables shown.


Table 2: Recommendation for Topeka from Ambulance Survey

 Ambulances Ambulances Ambulances
 Recommended by Recommended by Recommended by
 Population Response Area Call Volume
 Minimum 3 6 5
 Average 5 7 10
 Benchmark 8 12 17


The table above shows what quantity of ambulances would be necessary to protect the
City of Topeka, using information from the regional survey. The following is the
methodology used to determine:
 ● The minimum quantity of ambulances is calculated by taking the associated
 metric for the City of Topeka (population, response area, call volume) and
 dividing it by the maximum value found in the survey.
 ● The benchmark quantity of ambulances is calculated by taking the same metrics
 and dividing it by the minimum value per ambulance found in the survey.




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 16
Determining whether the minimum, average or benchmark quantity of ambulances is an
inexact science and involves careful consideration of other variables, such as response
time standards, unit recoil time (how long it takes to respond, treat, transport and return
an ambulance unit to service), staffing considerations, and other variables. For
example, assuming an annual call volume of 25,434 emergency medical calls, utilizing
the minimum number of ambulances suggested by the survey for population size would
mean that each of the three ambulances would respond to over 20 emergency calls in a
24-hour period. A call volume of this size would have a detrimental impact on the EMS
crews.


On the opposite end of the spectrum, utilizing the benchmark number of ambulances
suggested by the survey for call volume would mean that each of the 17 ambulances
would respond to just four calls in a 24-hour period. This level of service, while desirable
from some perspectives in likely cost prohibitive and difficult from a staffing perspective.


Further analysis using a fourth data point was conducted based on feedback from the
ambulance contractor and TFD relating to the frequency and intensity of ambulance
utilization by some demographics of Topeka’s population. The call volume for each of
the survey departments was collected and compared to Topeka’s to calculate the
annual call volume per capita.




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 17
Table 3: Regional Survey Calls per 1000 Residents

 Annual EMS calls per Capita
 N=19
 Minimum 0.06
 Average 0.12
 Maximum 0.20
 Topeka 0.20


Using data from Topeka Fire Department, there are approximately .20 calls per year for
each citizen, matching the maximum found in the survey (Kansas City, KS). This part of
the analysis supports the information derived from stakeholders and highlights the need
for sufficient resources for the city, based on the utilization by the population.


While the described minimum, average, and benchmark levels of service from the
survey, when applied to the City of Topeka provide just general assessment, they also
serve as a “litmus test” to any current or future ambulance deployment to a regional
standard. Despite only being gathered from fire-based ambulance services, the data
can be applied to other ambulance service types, such as private and hospital-based
models.


City of Topeka – Contractual Ambulance Provider
This study also included insight into the baseline metrics and performance of the
contractual ambulance provider. The information acquired was for calendar years 2022
and 2023.


The information on individual calls for service was unavailable for granular analysis of
location, criticality and other attributes due to the privacy of the data. Additionally, the
various zones used by the ambulance provider do not necessarily align with city limit
boundaries, making the interpretation of performance for the City of Topeka difficult.




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 18
The ambulance provider utilizes a nationally recognized medical dispatching system to
interrogate 9-1-1 callers requiring emergency medical response to prioritize and classify
the calls accordingly. Calls are classified into advanced and basic life support
categorizes based on the chief complaint or problem described by the caller.
Contractually, emergency calls require a nine-minute response (travel) time measure
from time an ambulance is dispatched until it arrives. Non-emergency calls are
permitted a fifteen-minute response time.



Table 4: Ambulance Provider Emergency Incident Data (2022-2023)

 Average
 Emergency ALS BLS Response Time Response Time
 Calls Calls Calls Compliance (Emergency Calls)
 10,731 9,295 6:52
 2022 20,026 17,268 (86.2%)
 (53.5%) (46.5%) n=5,186
 10,956 9,194 649
 2023 20,150 17,759 (88.1%)
 (54.4%) (45.6%) n=5,258


In 2023, a total of 2,391 calls were classified as “late” in accordance with the contract
between the ambulance provider and Shawnee County. This included 767 (3.8 percent)
emergency calls of an advanced life support nature. Only 556 advanced life support
calls classified as emergency received a response time of greater than ten minutes,
representing just 2.7 percent of those categorized incidents.


In 2022, a total of 2,758 calls were classified as “late” in accordance with the contract
between the ambulance provider and Shawnee County. This included 789 (3.9 percent)
emergency calls of an advanced life support nature. Only 248 advanced life support
calls classified as emergency received a response time of greater than ten minutes,
representing just 1.2 percent of those categorized incidents.




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 19
Average response times for each month during the years of 2022 and 2023 are shown
in Figure 2. These response times, and the other attributes of the macro data discussed
above, show overall compliance and dependability with the emergency medical system.


It is important to note that average response times are a measure of central
tendency of a data set and do not measure performance in the same manner as
the NFPA Standard 1710 previously mentioned, which uses a fractile
measurement at the 90th percentile.


The City should consider utilizing percentile measurement of response times to help
align with the governing standard and provide a more conservative analysis of response
times. Coupled with geographic information identifying where long response times
regularly occur, this information would help to target areas of Topeka that would need
response time improvement.


Figure 2: Ambulance Provider Average Response Times by Call Priority (2022-2023)




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 20
Stakeholder Engagement

The work done by PPMC included
the engagement of various
stakeholders, from elected officials to
other key operators in the emergency
medical system, to gather the input,
context, and help understand the
impacts of the current deployment
model. These engagements helped
frame the recommendations.


City Council
The PPMC conducted three focus groups/interviews with seven of City Council
members. All nine were invited to participate. With their geographic representation
across the city, and important role in improving/changing the emergency medical
response model, their input was vital to help guide the project. A secondary purpose of
these meetings was to provide information to the council on comparable EMS models
for their general knowledge and to improve future discussion. The PPMC developed a
handout based on the information previously discussed in the section “Defining
Appropriate EMS Service Level” to facilitate the discussion.


Following are the themes and observations that emerged from discussions with the City
Council, in no priority order:
 ● There is a wide spectrum of knowledge and background on TFD and EMS
 depending on the interests, tenure, and personal experience of the elected
 official.
 ● Many of the council members indicated a need to have regular information
 updates regarding TFD and AMR’s performance.




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 21
 ● Each city council member is most familiar with the needs and concerns of the
 constituents in their district.
 ● The council members desire various options that include low-cost and/or no-cost
 changes and those that require greater investment by the City.
 ● The officials desire solutions/recommendations that support strategic goals of the
 TFD, but also desire for both the fire department and ambulance provider to work
 together in a productive way.


Familiarity with the Subject
Discussions revealed council members have varying knowledge on TFD, the City’s
EMS system, and the relationship between the two entities. Much of the familiarity with
the issues and those agencies depends on the tenure of the individual member with the
City Council. Some of the elected officials possess institutional knowledge associated
with previous work of the fire department through reports published or work from the
previous fire commission. Regardless of the individual’s depth of familiarity, there was a
desire for a better understanding of the issues, performance of the system, and future
improvement.


Quantitative Understanding of Performance
Council members said they want to receive regular and enhanced updates on TFD and
the ambulance provider’s performance. However, there was some concern about the
reliability or neutrality of information that comes directly from the sources. Council
members wanted to know whether both services were meeting response times and
were interested in the various types of calls handled by the entities.


Geographic Representation
Since members of the City Council are elected to represent geographic divisions of the
city, their thoughts and perspective were often framed from the lenses of their
constituents. A better understanding of the system’s functional needs and service areas,
rather than political boundaries, will allow for council members to have more strategic



Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 22
conversations and provide policy direction to better the overall system and meet
community needs. As noted in the recommendations, future improvements to the
system include more granular information about performance within various geographic
polygons of the city.
Long-Term Planning and Collaboration
In addition to the recommendations that come from this project, Council members were
curious about the long-term plans of the department. Recognizing the importance of
continued investment in the fire and EMS services. Council members felt it was
important to integrate this current work into a larger planning initiative. Ultimately,
Council members expressed an appreciation for the services provided and recognize
the value of each. However, they feel there has been division between the organizations
and want to see the services collaborate better.


County Fire Chiefs Association
While not directly in the scope of the report, it was regularly mentioned by various
stakeholders that it was important to include and communicate with other fire entities
outside of Topeka. Members of the County Fire Chiefs Association provided feedback
on the following topics:
 1. Elements working satisfactorily with the current EMS system
 2. Concerns about and priorities for service delivery
 3. Feedback from constituents, residents, and partners
 4. Important issues to be communicated to key leaders within the City of Topeka
 regarding EMS delivery


The County Fire Chiefs felt communication, training, and response times from the
ambulance provider and have improved but were concerned about the following topics:
 ● Staffing levels
 ● Readiness of staffing, specifically the experience of some medical providers
 ● Appropriateness of dispatching BLS units in certain situations
 ● Utilization of medical dispatching system (“ProQA”)



Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 23
 Their priorities for service delivery were timeliness, type of response,
 communication, and training. The Chiefs described their own frustrations, as well as
 those of their constituents, over their lack of influence in the EMS system.
 Participants suggested the only option for the county fire officials was to encourage
 citizens to reach out to county elected officials or the ambulance provider directly
 when concerns were identified. Chiefs felt limited in their ability to make change to
 the system and were described as consumers of the system, rather than
 participants. They felt it is in the best interest of the community for fire service to
 continue to achieve higher levels of EMS training to supplement and compliment the
 ambulance provider.




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 24
Conclusion

This report aimed to better
understand what necessarily
capabilities and future strategy
needed to be integrated into the TFD
to enhance the broader emergency
medical system within the City of
Topeka and Shawnee County. The
proposed changes focus on three
critical areas: Leadership and Accountability, Interagency Coordination and
Cooperation, and Response and Deployment. By fostering collaboration between the
City, County, and the contracted ambulance provider, and by refining data-driven
strategies, the recommendations set a clear path forward for improving response times,
service delivery, and coordination.


Given the complexity of ambulance deployment, which involves numerous variables
such as community demographics and geographic area, a flexible and adaptive
approach is essential. Continuous evaluation and adjustment will be key to ensuring
that the system remains responsive to the community’s evolving needs. The proposed
recommendations are actionable items, attainable over the next five years, which will
lay the groundwork for continued progress in meeting the growing healthcare and
emergency response needs of the greater Topeka area.




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 25
Appendix

The 2024 TFD report is built on the 2022 study conducted by the PPMC. Information
provided in the initial study is listed below to provide context for all of the
recommendations of this report.



 1. In 2022, 68 percent of the 23,762 emergency incidents received by the
 department were for medical emergencies.
 2. All TFD firefighters are certified to the EMT-Basic level. There are 21 firefighters
 certified at an EMT-A or Paramedic level that can provide ALS care.
 3. The city of Topeka staffs 4 ALS engine companies.
 4. The dispatch centers for both TFD and AMR are located at Shawnee County
 Emergency Communications Center (SCECC). Medical calls are handled by the
 AMR dispatchers located in the center.
 5. AMR utilizes between six and eight ambulances each day, working 12-hour
 shifts, to provide service to the City and County.



Table 5: AMR Performance in Zone 1 (2020-2023)

 Attribute 2020 2021 2022 2023
 Total Calls 16,459 17,242 20,147 18,564
 On Time Arrival 15,083 15,587 17,300 16,210
 Late Arrival 1,376 1,655 2,847 2,354
  Fines Issued 418 658 716 745
 Percentage Late 8.4% 9.6% 14.1% 12.7%
 Percentage
 2.5% 3.8% 3.6% 4.0%
 Fined




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 26
The initial study of TFD conducted in 2022 gave 12 recommendations for the City of
Topeka to implement. These recommendations are listed below:


 1. Evaluate the current placement of advanced life support (ALS) fire companies
 taking into consideration the frequented posts of AMR ambulances, call patterns,
 and response time performance that exceeds 480 seconds travel time for an ALS
 resource (NFPA 1710 4.1.2.1).
 2. Consider adding additional ALS fire companies into under-served areas of the
 City as performance issues are identified (ALS response greater than 480
 seconds, 90 percent of the time, NFPA 1710 4.1.2.1).
 3. Prioritize four-person staffing of ALS fire companies to allow the company’s quick
 recoil after high-acuity EMS calls.
 4. Consider establishing an EMS supervisor position on each shift and adding EMS
 staff positions to provide the leadership, training, and system reliability support to
 the EMS program.
 5. Create a regular and productive communication framework to integrate the
 continuum of care provided by AMR and TFD, in accordance with Section 6 (B) of
 the City’s franchise agreement. Leaders of these organizations should regularly
 meet to steer the EMS program with a defined agenda.
 6. Modify the franchise agreement in 2024 to ensure a minimum of five ALS
 ambulances are available each day. Furthermore, at least 80% of on-duty
 ambulance resources should be ALS in capability.
 a. ALS resources should be automatically sent to all first-alarm or greater
 structure fires in the City.
 7. Create a process for automatic notification of “Status 0” to the TFD jointly with
 AMR and TFD input. Sharing this status will allow awareness of extended
 response times and prompt the dispatch of ALS companies in the absence of
 available ambulances.




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 27
 8. Establish common nomenclature for the identification of ALS and BLS
 ambulances. Share estimated times of arrival between AMR and TFD using a
 CAD-to-CAD interface or similar process, so that the information on unit location
 is easily accessible to field responders.
 9. Review 15% of medical calls receiving an EMD determinant code of “Delta” or
 “Echo” by an AMR EMD-Q. Share the results of each occurrence with TFD.
 10. Complete a critical task analysis by TFD to tier its response to medical calls
 based on the complexity and task. This should be completed with medical
 director input and comment.
 11. The City should create or improve incentives for the attainment of EMS training,
 including EMT-Advanced and EMT-Paramedic certification. These incentives 9
 should be targeted at ensuring competitiveness with the area departments used
 by TFD for contract negotiation.
 12. The City should begin an aggressive campaign to train approximately 15-25
 firefighters each year in a paramedic program. Consideration should be given to
 online programs, as allowed by the Kansas Board of Emergency Medical
 Services, due to their compatibility with firefighter schedules. Consideration
 should be given to training contracts for individual firefighters that would require
 them to continue employment with the TFD for a certain number of years.




Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 28
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 November 12, 2024


DATE: November 12, 2024
CONTACT PERSON: Sylvia Davis, Director DOCUMENT #:
 of Utilities
SECOND PARTY/SUBJECT: Recreation Engineering PROJECT #: 281255.04
 and Planning
CATEGORY/SUBCATEGORY 007 Contracts and Amendments / 005 Professional Services
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

APPROVAL of a Utilities Engineering Contract Amendment between the City of Topeka and Recreation
Engineering & Planning, in an amount not to exceed $89,800 for engineering services.

(Approval will authorize the City Manager to sign and execute the contract amendment to advance the
preliminary design to detailed design, conduct floodplain impact analysis, and develop select permit application
documents to support the Kansas River Weir Improvements Project 281255.04.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the contract for professional services. Pursuant to TMC 3.30.010, all contracts for
professional services exceeding $50,000 must be approved by the Governing Body.
STAFF RECOMMENDATION:
Staff recommends the Governing Body approve the contract amendment as part of the consent agenda.
BACKGROUND:
On April 3, 2024 the City executed Contract No. 52029 for an amount of $40,000 for Professional Engineering
Services. Services included providing for the preliminary design and feasibility analysis relating to re-installation
of the stop log or another design solution to increase water surface elevations upstream of the weir during low
river flow conditions, while maintaining the benefits of the previously completed weir improvements project. City
staff recommend and request approval of a contract amendment to advance from preliminary design and
feasibility to detailed design with the most qualified consultant for the project.
BUDGETARY IMPACT:
$89,800
SOURCE OF FUNDING:
2024 Capital Improvement Plan
Resolution 9425
Water Operations Fund

ATTACHMENTS:
Description
Proposed Contract Amendment
Contract No. 52029 (April 3, 2024)
Recreation Engineering & Planning Scope of Work
2024 CIP Page 281255.00
 CITY OF TOPEKA
 CONTRACT NO. ____________


 AMENDMENT NO. 1 TO CITY OF TOPEKA CONTRACT NO. 52029


This Amendment No. 1 to City of Topeka Contract No. 52029 is entered into on this
October 8, 2024, by and between the City of Topeka, Kansas, a duly organized municipal
corporation, hereinafter referred to as "City" and Recreation Engineering & Planning, hereinafter
referred to as "Engineer
 WHEREAS, City and Engineer entered into Contract No. 52029 on April 3, 2024, as
amended by Amendment No. 1 , for the purpose of Kansas River Weir Improvements
Project ; and
 WHEREAS, City desires Engineer to perform certain additional consulting work.
 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:


 1. The total amount of compensation set forth in ATTACHMENT B of Contract No. 52029
 shall increase by forty nine thousand eight hundred ($49,800.00) for a total not to exceed
 amount of eighty nine thousand eight hundred ($89,800).
 2. The payment for the additional services to be performed under this Amendment shall be
 based on the 2024 Schedule of Hourly Charges set forth in ATTACHMENT F of City of
 Topeka Contract No. 52029.
 3. The Scope of Services as set forth in Contract No. 52029 shall be amended to as follows:
 A. Advance the preliminary design to detailed design, conduct floodplain impact
 analysis, and develop select permit application documents to support the Kansas
 River Weir Improvements Project. See attached REP scope dated September 13,
 2024.
 4. All other terms and conditions of City of Topeka Contract No. 52029 not specifically
 amended herein shall remain in full force and effect.


 IN WITNESS WHEREOF, the parties have hereto executed this Amendment as of the day
and year first above written.



 Page 1 of 2 10/8/2024 9:09:03 AM
 CITY OF TOPEKA, KANSAS RECREATION ENGINEERING &
 PLANNING



Robert M. Perez, Ph.D., City Manager Gary Lacy, President




ATTEST:
 APPROVED AS TO FORM AND LEGALITY

________________________________
 DATE______________BY____________
Brenda Younger, City Clerk


 C&P DIRECTOR

 ___________




 Page 2 of 2 10/8/2024 9:09:03 AM
 Scope of Work for Professional Services
 Kansas River Weir Improvements
 Topeka, Kansas
 By Recreation Engineering & Planning (REP)
 September 13, 2024


The following scope of work is for professional services to complete detailed design (60%),
floodplain impact analysis, and the development of select permit application documents to
support the Kansas River Weir Improvements Project. REP designed the weir modifications that
were constructed in two phases from August 2020 through May 2022. The constructed weir
improvements included a boat passage and fish passage channel, weir safety improvements,
and river access. The project was identified as City of Topeka project # T-281058.01.

Project Understanding
The weir improvements project included a lowering of the upstream water surface, primarily
due to the removal of the stop log from the low notch channel through the south side of the
weir. In the time since construction of the project, City of Topeka water plant operators have
noted cavitation in some of their pumps during periods of low river flows coupled with high
water demand.

REP completed an investigation into the re-installation of the stop log or another design solution
to increase water surface elevations upstream of the weir during low river flow conditions, while
maintaining the benefits of the weir improvements project, including public safety at the weir,
fish passage, and boat passage. The results of the investigation are summarized in the technical
memo dated 7/10/2024 and briefly summarized as follows. The reinstallation of the stoplog is
not cost efficient for the service life and a more robust design solution was advanced to
preliminary design and included in the technical memo package. This design solution is referred
to as the construction of a new crest cap structure.

Based on our understanding of the project and the current needs, the approach outlined below
includes estimated pricing to perform the required services through permit application
submittal and limited follow up responses and analysis and development of permit level (60%)
design plans. Additional and/or unanticipated permitting effort not included, final design, and
construction services will be required and are not included in this scope. Hours are estimated
not to exceed, only actual hours and expenses will be billed. A detailed fee breakdown by task
and personnel is attached.

Schedule
The work for this scope is anticipated to begin upon execution of this contract. If a notice to
proceed is not received within 6 months of the date of this proposal, REP reserves the right to
update rates and fees. The submittal of permit applications is time sensitive. Receiving permit
September 2024 Kansas River Weir Improvements Project Design Scope
 Recreation Engineering and Planning 1
authorizations from relevant permitting agencies is expected to take 4 6 months or longer and
will be a driver of overall project schedule.
REP has prepared this scope to prioritize the path to permit application submittals. In-water
work cannot commence until permits are received.
Final design, technical specification development, and bidding can commence prior to receiving
permit authorizations. Therefore, these tasks have been excluded from this scope but can be
completed in a subsequent work authorization.


Task 1 Detailed Design (60% Design Development)
REP will advance the preliminary design plans dated 6/12/2024 to a 60% level to be delivered as
a PDF plan set. These plans will include sufficient detail for permit applications but not for
bidding or construction. The plans will include cross-sections, profiles, materials, construction
access / dewater details, etc. REP will develop a list of anticipated technical specifications.
Senior engineers to perform QA/QC. One virtual meeting to walk through the 60% design and
explain process and rationale, and one round of review and comment by the City is included.
Detailed Design Plans: The design will include detailed project layout, dimensions, geometry,
elevations, and materials sufficient to estimate quantities, and allow for review by the City.
Permit level staging, access, and water control plan will be included. The design will be
developed in AutoCAD software and will be delivered as PDF design plans.
60% Construction Cost Estimate: Development of an updated estimate of construction costs
based on estimated materials quantities and other construction costs including dewatering and
mobilization. At the 60% design stage, the cost estimate will be a Class 3 construction cost
estimate (AACE classification, expected accuracy range -20% to +30%).

Deliverables: Detailed design (60%) PDF plans, 60% construction cost estimate

Task 1 Labor - $16,620


Task 2 - Floodplain Impact Modeling
REP will perform hydraulic analysis to quantify floodplain impacts from the proposed project
and provide a no-rise certification if the proposed design meets the requirements. REP will
update the proposed conditions model to be consistent with the proposed design, perform an
updated floodplain impact hydraulic analysis, and develop a floodplain impact report detailing
the hydraulic analysis performed, and any floodplain impacts as a result of the proposed project.
The project will be designed to meet no-rise requirements if possible, and a no-rise certification
is included in this task.

For the purposes of this scope, we assume that a 1D HEC-RAS model of the appropriate reach of
the Kansas River is available and represents existing conditions reasonably well. It is assumed
that all floodplain analysis will be completed utilizing 1D HEC-RAS. It is assumed that the City will
provide REP with the most recent hydraulic model available for the reach.
September 2024 Kansas River Weir Improvements Project Design Scope
 Recreation Engineering and Planning 2
Deliverables: No-Rise certification, Modeling Results.

Task 2 Labor - $13,980


Task 3 Permit Application Document Development
Permit Application Support: This scope assumes the City of Topeka will apply for all required
permits with REP listed as the agent. A 404 permit or modification from the US Army Corps of
Engineers (USACE) will be required. It is assumed that the project will be permitted through a
formal existing permit modification and an individual permit application will not be required. A
water structures permit will be required from the Kansas Division of Water Resources (DWR). An
action permit will be required from the Kansas Department of Wildlife, Parks, & Tourism
(KDWPT). It is anticipated a Floodplain Development Permit administered by the City of Topeka
will be required, supported by a no-rise analysis. REP will support the City with the following in
conjunction with each permit application:
US Army Corps of Engineers (USACE)
Request for permit modification: Previous Permit from 2020 - NWK-0-02211

 Submit a formal permit modification request to Corps Permit NWK-0-02211.
 Provide a written summary of the proposed modifications, purpose and need of such
 changes.
 Summary of temporary fills and removal of those fills, and summary/quantification of
 any new/additional permanent fill along the river bank (linear feet) and within the river
 bed (acreage) that are necessary to complete the modifications.
 Permit level plansheets
 Coordination with USACE.


Kansas Division of Water Resources (DWR)




Water Structure No. SSN-0078-L Modification & LSN-0203-S
 60 % design plans
 No-rise analysis




September 2024 Kansas River Weir Improvements Project Design Scope
 Recreation Engineering and Planning 3
Kansas Department of Wildlife, Parks, & Tourism (KDWPT) Action Permit
Previous Action Permit No. 2017-21 (Amended in 2020)
 New application for action permit

City of Topeka Floodplain Permit
 Coordination with City representatives
 No rise certification
 Floodplain permit application


*This scope does not include KDHE Stormwater Permit To be completed by selected qualified
contractor.
Deliverables: Permit Application Documents

Additional Permitting Support: Following the submittal of the permit applications, it will be
necessary to answer agency questions and provide additional information as requested during
the permit application review process. This task includes up to 30 hours of additional permitting
support. If additional permitting support hours are required beyond 30 hours, REP will provide a
fee estimate to complete additional services at that time.
Task 3 Labor - $19,200



Total Tasks 1-3: $49,800




September 2024 Kansas River Weir Improvements Project Design Scope
 Recreation Engineering and Planning 4
Professional Services Cost Estimate Kansas River Weir Improvements Recreation Engineering and Planning
 September 2024

 Name Gary Lacy, PE Mason Lacy, PE Jake Kabler, PE Riley Gelatt, PE
 President / Principal
 Role Project Engineer Project Engineer Project Engineer
 Engineer
 Billing Rate $ 240.00 $ 180.00 $ 180.00 $ 180.00
 Total Hrs Total Fee
Kansas River Weir Improvements
 Task 1 Detailed Design (60% Design Development)
 Detailed Design Plans 2 25 25 25 77 $ 13,980
 60% Construction Cost Estimate 2 2 5 5 14 $ 2,640
 TOTAL Task 1 4 27 30 30 91 $ 16,620

 Task 2 Floodplain Impact Modeling
 Modeling Results 0 10 25 25 60 $ 10,800
 No-Rise Certification 2 5 5 5 17 $ 3,180
 TOTAL Task 2 2 15 30 30 77 $ 13,980

 Task 3 Permit Application Document Development
 Project meetings 2 5 5 5 17 $ 3,180
 Pre-application coordination with agencies 0 5 2 2 9 $ 1,620
 Permit Application Document Development 0 10 20 20 50 $ 9,000
 Post submittal permitting support 0 10 10 10 30 $ 5,400
 TOTAL Task 3 2 30 37 37 106 $ 19,200

 Total Expenses: $ -

 TOTAL PROJECT COSTS: $ 49,800
Note: The fees are estimated not to exceed. Each item will be billed at the hourly rates. Only actual expenses will be billed.
 Contract No.
 Project No.



 CITY OF TOPEKA
 PUBLIC WORKS DEPARTMENT
 ENGINEERING DIVISION


 STANDARD AGREEMENT
 FOR
 ENGINEERING SERVICES


THIS AGREEMENT, is between the City of Topeka, Kansas (Owner) and Recreation Engineering and Planning

(Engineer);



 WITNESSETH:

WHEREAS, the Owner wishes to employ the Engineer to perform professional engineering services on the Kansas

River Weir Improvements Project. These services include providing engineering design and construction documents

for the preliminary design and feasibility analysis relating to re-installation of the stop log or another design solution

to increase water surface elevations upstream of the weir during low river flow conditions, while maintaining the

benefits of the previously completed weir improvements project (T-281058.01), including public safety at the weir,

fish passage, and boat passage (the Project); and,


WHEREAS, the Owner requires certain engineering services in connection with the Project (the Services);

and,


WHEREAS, the Engineer is prepared to provide the Services;


NOW THEREFORE, in consideration of the promises contained in this Agreement, the Owner and Engineer.

agree to the following:


ARTICLE 1 - EFFECTIVE DATE

The effective date of this Agreement shall be the date of the last signature below.


ARTICLE 2 - GOVERNING LAW

This Agreement shall be governed by the laws of the State of Kansas and the codes of the City of Topeka




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ARTICLE 3 - SERVICES TO BE PERFORMED BY ENGINEER

Engineer shall perform the Services described in Attachment A, Scope of Services, in accordance with applicable

sections of the City of Topeka Design Criteria and Drafting Standards of latest revision.


ARTICLE 4 - COMPENSATION

Owner shall pay Engineer in accordance with the Attachment B, Compensation.


ARTICLE 5

Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities.


ARTICLE 6 - SUPPLEMENTAL AGREEMENTS

The provisions set forth in Attachment D, Supplemental Agreements shall be incorporated into this Agreement.


ARTICLE 7 - PROJECT SCHEDULE

The provisions set forth in the Attachment E, Project Schedule shall be incorporated into this Agreement.


ARTICLE 8 - STANDARD OF CARE

Engineer shall exercise the same degree of care, skill, and diligence in the performance of Services as is ordinarily

possessed and exercised by a professional engineer under similar circumstances.


ARTICLE 9 - INDEMNIFICATION AND INSURANCE

Engineer hereby agrees to fully indemnify and hold harmless Owner and any of its departments, divisions, agencies,



fees and other expenses of litigation incurred by or on behalf of the Owner and any of its officers, employees or

elected officials arising out of Engineer's negligent performance of Services under this Agreement. Engineer

specifically agrees that this duty to indemnify and hold harmless will apply to the following:

 a. Claims, suits, or action of every kind and description when such suits or actions arise from the

 alleged negligent acts, errors, or omissions of the Engineer, its employees, agents, or

 subcontractors.




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 b. Injury or damages received or sustained by any party because of the negligent acts, errors, or

 omissions of the Engineer, its employees, agents, or subcontractors.

Engineer shall purchase and maintain during the life of this Agreement, insurance coverage which will

satisfactorily insure him against claims and liabilities which arise because of the execution of this Agreement.

The insurance coverages are as follows:

(1) Commercial General Liability Insurance, with a limit of $1,000,000 for each occurrence and $2,000,000 in

 the general aggregate.

(2) Automobile Liability Insurance, with a limit of $1,000,000 for each accident, combined single limit for

 bodily injury and property damage. The Engineer agrees to obtain such insurance should any automobiles

 be acquired.

(3) Worker's Compensation Insurance and Employer's Liability Insurance, in accordance with statutory

 requirements, with a limit of $1,000,000 for each accident.

(4) Professional Liability Insurance, with a limit of $1,000,000 for each claim and $2,000,000 in the general

 aggregate.


Prior to issuance of the Notice to Proceed by Owner, Engineer shall have on file with Owner certificates of insurance


acceptable to Owner. Said certificates of insurance shall be filed with Owner in January of each year or may be


submitted with each agreement.


Engineer shall also maintain valuable papers insurance to assure the restoration of any plans, drawings, field notes


or other similar data relating to the work covered by this agreement, in the event of their loss or destruction, until


such time as the work has been delivered to the Owner.


Upon completion of all Services, obligations, and duties provided for in this Agreement, or if this Agreement is


terminated for any reason, the terms and conditions of this Article shall survive.




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ARTICLE 10 - LIMITATIONS OF RESPONSIBILITY

Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety

precautions and programs in connection with the Project, (2) the failure of any contractor, subcontractor, vendor, or

other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the Owner or to

comply with federal, state or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses

required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A,

Scope of Services.


ARTICLE 11 - OPINIONS OF COST AND SCHEDULE

Since Engineer has no control over the cost of labor, materials, or equipment furnished by others, or over the

resources provided by others to meet Project construction schedules, Engineer's opinion of probable construction

costs and of construction schedules shall be made on the basis of experience and qualifications as a professional

engineer. Engineer does not guarantee that proposals, bids, or actual Project construction costs will not vary from

Engineer's cost estimates or that actual construction schedules will not vary from Engineer's projected schedules.


ARTICLE 12 - REUSE OF DOCUMENTS

All documents, including, but not limited to, drawings, specifications, and computer software prepared by Engineer

pursuant to the Agreement are instruments of service in respect to the Project. They are not intended or represented

to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without

prior written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and

without liability or legal exposure to Engineer. Any verification or adaptation requested by Owner shall entitle

Engineer to compensation at rates to be agreed upon by Owner and Engineer.




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ARTICLE 13 - OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY

Except as otherwise provided herein, engineering documents, drawings, and specifications prepared by Engineer as

part of the Services shall become the sole property of Owner, however, that both Owner and Engineer shall have the

unrestricted right to their use. Engineer shall retain its rights in its standard drawing details, specifications, data

bases, computer software, and other proprietary property protected under the copyright laws of the United States.

Rights to intellectual property developed, utilized, or modified in the performance of services shall remain the

property of Engineer. Owner shall have the unlimited right to the use of intellectual property developed, utilized,

or modified in the performance of the Services at no additional cost to the Owner.


ARTICLE 14 - TERMINATION

This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other

party to perform in accordance with the terms of this Agreement. The nonperforming party shall have fifteen

calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other

party. Owner may terminate or suspend performance of this Agreement for Owner's convenience upon written

notice to Engineer. Engineer shall terminate or suspend performance of the Services on a schedule acceptable to

Owner. If termination or suspension is for Owner's convenience, Owner shall pay Engineer for all Services

performed prior to the date of the termination notice. Upon restart, an adjustment acceptable to Owner and Engineer

shall be made to Engineer's compensation.


ARTICLE 15 - DELAY IN PERFORMANCE

Neither Owner nor Engineer shall be considered in default of the Agreement for delays in performance caused by

circumstances beyond the reasonable control of the nonconforming party. For purposes of this Agreement, such

circumstances include abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, or other civil

disturbances; sabotage, judicial restraint, and inability to procure permits, licenses, or authorizations from any local,

state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either

Owner or Engineer under this Agreement.




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Should such circumstances occur, the nonconforming party shall, within a reasonable time of being prevented from

performing, give written notice to the other party describing the circumstances preventing continued performance

and the efforts being made to resume performance of the Agreement.

For delays in performance by Engineer, as set forth in Attachment E, Project Schedule, which are caused by

circumstances which are within its control, such delays shall be documented on the Engineer's Project Performance

Evaluation form. Said form shall be completed at the conclusion of Project and acknowledged by both Owner and

Engineer. Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant

selection for City projects.

In the event Engineer is delayed in the performance of Services because of delays caused by Owner, Engineer shall

have no claim against Owner for damages or contract adjustment other than an extension of time.


ARTICLE 16 - COMMUNICATIONS

Any communication required by this Agreement shall be made in writing to the address specified below:


 Engineer: Gary Lacy, President
 Recreation Engineering and Planning
 485 Arapahoe Ave.
 Boulder, CO 80302
 (303) 545-5883


 Owner: City of Topeka Engineering Division
 620 SE Madison, 2nd Floor
 Topeka, KS 66607
 (785) 368-3842


Nothing contained in the Article shall be construed to restrict the transmission of routine communications

between representatives of Engineer and Owner.




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ARTICLE 17 - WAIVER

A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall not

affect the waiving party's rights with respect to any other or further breach.


ARTICLE 18 - SEVERABILITY

The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event

rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any

other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and

the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular

portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken

provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions

of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of

this Agreement be determined void.


ARTICLE 19 - INTEGRATION

This Agreement represents the entire and integrated agreement between Owner and Engineer. All prior and

contemporaneous communications, representations, and agreements by Engineer, whether oral or written, relating

to the subject matter of this Agreement, as set forth in Attachment D, Supplemental Agreements are hereby

incorporated into and shall become a part of this Agreement


ARTICLE 20 - SUCCESSORS AND ASSIGNS

Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators,

assigns, and legal representatives to the other party of this Agreement and to the directors, officers, partners,

successors, executors, administrators, assigns, and legal representatives of such other party in respect to all

provisions of this Agreement.




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ARTICLE 21 - ASSIGNMENT

Neither Owner nor Engineer shall assign any rights or duties under this Agreement without the prior written consent

of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will release or

discharge the assignor from any obligation under this Agreement. Nothing contained in this Article shall prevent

Engineer from employing independent consultants, associates, and subcontractors to assist in the performance of the

Services; however, other agreements to the contrary notwithstanding, in the event Engineer employs independent

consultants, associates, and subcontractors to assist in performance of the Services, Engineer shall be solely

responsible for the negligent performance of the independent consultants, associates, and subcontractors so

employed.


ARTICLE 22 - THIRD PARTY RIGHTS

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Engineer.

ARTICLE 23 RELATIONSHIP OF PARTIES

Nothing contained herein shall be construed to hold or to make the Owner a partner, joint venturer, or associate of

Engineer, nor shall either party be deemed the agent of the other, it being expressly understood and agreed that the

relationship between the parties hereto is and shall at all times remain contractual as provided by the terms and

conditions of this Agreement.




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IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement.




 CITY OF TOPEKA Recreation Engineering and Planning
 Owner Engineer



 By: Richard U. Nienstedt By: Gary Lacy


 Interim City Manager President
 Title Title



 Date: Date:


 Attest: Attest:
 City Clerk, Brenda Younger




 APPROVED AS TO FORM AND LEGALITY


 DATE______________ BY___________________




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 ATTACHMENT A
 TO
 AGREEMENT FOR ENGINEERING SERVICES


Owner: City of Topeka, Kansas
Engineer: Recreation Engineering and Planning
Project Number & Name: Kansas River Weir Improvements Project


 SCOPE OF SERVICES


BASIC SERVICES

The project is specifically defined below:

The project is for professional services to complete preliminary design and analysis to support the Kansas River
Weir Improvements Project. Recreation Engineering and Planning (REP) designed the dam modifications that
were constructed in two phases from August 2020 through May 2022. The constructed weir improvements
included a boat passage and fish passage channel, weir safety improvements, and river access. The project was
identified as City of Topeka project # T- 281058.01.

The weir improvements project included a lowering of the upstream water surface, primarily due to the removal of
the stop log from the low notch channel through the south side of the weir. In the time since construction of the
project, City of Topeka water plant operators have noted cavitation in some of their pumps during periods of low
river flows.

The City of Topeka has requested a proposal to investigate re-installation of the stop log or another design solution
to increase water surface elevations upstream of the weir during low river flow conditions, while maintaining the
benefits of the weir improvements project, including public safety at the weir, fish passage, and boat passage.

Based on our understanding of the project and the current needs, the approach outlined below includes estimated
pricing to perform the required services through feasibility analysis and development of preliminary design plans.
Permitting, final design, and construction services will be required and are not included in this scope.

The Engineer agrees to provide the following services.




Task 1 Site Visit and Data Collection
Since construction of the project, the river has adjusted with major sand deposition and revised low flow paths. A
site visit is necessary to assess the current conditions, install water level logger(s) and meet on-site with City staff.

This task includes two REP engineers traveling to the site and completing the field investigation. A water level
logger will be installed downstream of the weir structure to log tailwater surface hourly. A second logger may be
installed upstream of the weir structure near the intake, or the USGS gage (Site ID 06888990) data at the site may
be sufficient.

Field investigations will include a visual assessment of the necessary variables relevant to the project. Aerial
imagery will be captured using a DJI Mavic Air 2.


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This scope assumes that after data has been logged over the desired flow range, City staff will retrieve instruments
from logger fixtures, package and ship back to REP in Colorado for data download and processing. Please be
advised that there is a risk that the loggers may be damaged, vandalized, stolen etc. and there is some level of data
loss risk inherent in this task.

Task 1 Labor - $10,800 Task 1 Expenses - $2,200


Task 2 Preliminary Design
REP will develop preliminary design plans based on the site field investigation, coordination with City staff, and
previous work at the site.

Preliminary Design Plans: The design will include preliminary project layout, dimensions, geometry, elevations,
and materials sufficient to estimate quantities, and allow for review by the City. Preliminary staging, access, and
water control plan will be included. The design will be developed in AutoCAD software and will be delivered as
PDF design plans.

Preliminary Construction Cost Estimate: Development of an estimate of construction costs based on estimated
materials quantities and other construction costs including dewatering and mobilization. At this design stage, it
will be a Class 4 construction cost estimate (AACE classification, expected accuracy range -30% to +50%).

Deliverables: Preliminary design PDF plans, preliminary construction cost estimate

Task 2 Labor - $14,400


Task 3 Feasibility Analysis and Memo
Concurrent with development of the preliminary design, REP will assess feasibility based on previous experience
at the site, intake water surface elevations, navigational safety, constructability, permitting considerations, and
other factors. This includes initial contact with regulatory agencies including the US Army Corps of Engineers and
Kansas Division of Water Resources (DWR) to determine necessary permits and timelines. Permit applications are
not included in this scope.

REP will prepare a technical memorandum summarizing the feasibility assessment and preliminary design
developed, including recommendations for next steps and timeline.

Deliverables: Technical memorandum

Task 3 Labor - $12,600

SUPPLEMENTAL SERVICES

Any work requested by the Owner that is not included in the Basic Services will be classified as Supplemental
Services. Supplemental Services shall include, but are not limited to the following.

Permitting, final design, and construction services.




 11
 03/21/2024
 Contract No.
 Project No.




 ATTACHMENT B
 TO
 AGREEMENT FOR ENGINEERING SERVICES


Owner: City of Topeka, Kansas
Engineer: Recreation Engineering & Planning
Project Number & Name: Kansas River Weir Improvements Project


 COMPENSATION


For the services covered by this Agreement, the Owner agrees to pay the Engineer as follows:

A. For the Basic Services described in Attachment A, $40,000. Payments shall be made monthly in amounts
 which are consistent with the amount of engineering services provided, as determined by the Engineer.

B. Compensation for Supplemental Services shall be made as defined below, when authorized in writing by
 the Owner. The maximum limit for each item of additional service shall be established individually and
 specifically agreed to by the Owner as stated below, unless the service is included in a subsequent
 agreement.

 Hourly rates for each classification as defined by the Engineer's rate schedule, see Attachment F. Hourly
 charge rates are subject to adjustment annually on January 1. Overtime, when authorized by the Owner,
 will be billed at 1.0 times the rates listed (non-engineer time only).

 Reimbursable charges will be considered the amount of actual costs of expenses or charges, including
 such items as staking materials, equipment rental, equipment hourly charges, mileage, toll telephone
 calls, reproduction and similar project related expenses.

D. The entire amount of each statement shall be due and payable upon receipt by the Owner.

E. It is understood and agreed:

 1. That the Engineer shall start the performance of Services within 10 days of receipt of a notice to
 proceed and shall complete the work in accordance with the contract times set forth in Attachment
 E, Project Schedule.

 2. That the Engineer shall keep records on the basis of generally accepted accounting practice of
 costs and expenses which records shall be available for inspection at all reasonable times.




 12
 03/21/2024
 Contract No.
 Project No.


 ATTACHMENT C
 TO
 AGREEMENT FOR ENGINEERING SERVICES



Owner: City of Topeka, Kansas
Engineer: Recreation Engineering & Planning
Project Number & Name: Kansas River Weir Improvements Project



 OWNER'S RESPONSIBILITIES


The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items:

1. Make available to the Engineer all records, reports, maps, and other data pertinent to provision of the
 services required under this contract.

2. Examine all plans, specifications and other documents submitted by the Engineer and render decisions
 promptly to prevent delay to the Engineer.

3. Designate one City of Topeka employee as the Owner representative with respect to all services to be
 rendered under this agreement. This individual shall have the authority to transmit instructions, receive
 information and to interpret and define the Owner's policies and decisions pertinent to the Engineer's
 services.

4. Issue notices to proceed to the Engineer for each phase of the design services.




 13
 03/21/2024
 Contract No.
 Project No.



 ATTACHMENT D
 TO
 AGREEMENT FOR ENGINEERING SERVICES



Owner: City of Topeka, Kansas
Engineer: Recreation Engineering & Planning
Project Number & Name: Kansas River Weir Improvements Project



 SUPPLEMENTAL AGREEMENTS



Owner and Engineer agree that the following communications, representations, and agreements by Engineer,
whether oral or written, relating to the subject matter of the Agreement are hereby incorporated into and shall
become a part of the Agreement as set forth in ARTICLE 19 - INTEGRATION.




 14
 03/21/2024
 Contract No.
 Project No.



 ATTACHMENT E
 TO
 AGREEMENT FOR ENGINEERING SERVICES



Owner: City of Topeka, Kansas
Engineer: Recreation Engineering & Planning
Project Number & Name: Kansas River Weir Improvements Project



 PROJECT SCHEDULE


Owner and Engineer recognize that time is of the essence of the Agreement and that Owner will suffer financial loss
if the work is not completed within the times stipulated herein, plus any extensions thereof. Accordingly, Engineer
has established time intervals, in calendar days, for submittals at various stages of the project as detailed below. As
each actual submittal date occurs, Engineer shall meet with Owner to discuss the progress of the work and the actual
submittal date shall be documented. If project is behind schedule, the reason shall be recorded. Engineer shall not
be responsible for the time required by Owner's representative to review Engineer's submittal. When review is
complete, Owner shall, in writing, authorize Engineer to proceed to the next submittal date. After final submittal
date, Engineer and Owner shall meet to evaluate Engineer's performance with regard to design schedule. An
Engineer's Project Performance Evaluation form shall be completed and acknowledged by both Owner and Engineer.
Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant selection for
City projects. Past performance shall be accounted for on the evaluation sheet used to rank consultants during the
interview process.


1. Schedule:
 Work is anticipated to begin immediately upon receipt of a signed contract.




 15
 03/21/2024
 ATTACHMENT F

 TO

 AGREEMENT FOR ENGINEERING SERVICES



 Recreation Engineering & Planning 2024 Rate Schedule


 Title Hourly Billing Rate
 President / Principal Engineer $ 240.00
 Senior Designer $ 180.00
 Project Engineer $ 180.00
 Graduate Engineer $ 180.00


 2024 IRS Expense Reimbursement Rates
 Mileage Rate (per mile) $ 0.670
 Daily Lodging Rate $ 107.00
 Meals & Total Daily $ 59.00
 Incidentals First & Last Day of Travel $ 44.25


Direct expenses will be billed with no markup.




2024 Rate Schedule
 Recreation Engineering and Planning
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.


 EACH OCCURRENCE $
 DAMAGE TO RENTED
 CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $

 MED EXP (Any one person) $

 PERSONAL & ADV INJURY $

  GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
 PRO-
 POLICY JECT LOC PRODUCTS - COMP/OP AGG $

 OTHER: $
 COMBINED SINGLE LIMIT $
 (Ea accident)
 ANY AUTO BODILY INJURY (Per person) $
 OWNED SCHEDULED BODILY INJURY (Per accident) $
 AUTOS ONLY AUTOS
 HIRED NON-OWNED PROPERTY DAMAGE $
 AUTOS ONLY AUTOS ONLY (Per accident)
 $

 OCCUR EACH OCCURRENCE $

 CLAIMS-MADE AGGREGATE $

 DED RETENTION $ $
 PER OTH-
 STATUTE ER
  ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
  OFFICER/MEMBER EXCLUDED?
 E.L. DISEASE - EA EMPLOYEE $
  If yes, describe under
  DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.


 EACH OCCURRENCE $
 DAMAGE TO RENTED
 CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $

 MED EXP (Any one person) $

 PERSONAL & ADV INJURY $

  GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
 PRO-
 POLICY JECT LOC PRODUCTS - COMP/OP AGG $

 OTHER: $
 COMBINED SINGLE LIMIT $
 (Ea accident)
 ANY AUTO BODILY INJURY (Per person) $
 OWNED SCHEDULED BODILY INJURY (Per accident) $
 AUTOS ONLY AUTOS
 HIRED NON-OWNED PROPERTY DAMAGE $
 AUTOS ONLY AUTOS ONLY (Per accident)
 $

 OCCUR EACH OCCURRENCE $

 CLAIMS-MADE AGGREGATE $

 DED RETENTION $ $
 PER OTH-
 STATUTE ER
  ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
  OFFICER/MEMBER EXCLUDED?
 E.L. DISEASE - EA EMPLOYEE $
  If yes, describe under
  DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
 Scope of Work for Professional Services
 Kansas River Weir Improvements
 Topeka, Kansas
 By Recreation Engineering & Planning (REP)
 September 13, 2024


The following scope of work is for professional services to complete detailed design (60%),
floodplain impact analysis, and the development of select permit application documents to
support the Kansas River Weir Improvements Project. REP designed the weir modifications that
were constructed in two phases from August 2020 through May 2022. The constructed weir
improvements included a boat passage and fish passage channel, weir safety improvements,
and river access. The project was identified as City of Topeka project # T-281058.01.

Project Understanding
The weir improvements project included a lowering of the upstream water surface, primarily
due to the removal of the stop log from the low notch channel through the south side of the
weir. In the time since construction of the project, City of Topeka water plant operators have
noted cavitation in some of their pumps during periods of low river flows coupled with high
water demand.

REP completed an investigation into the re-installation of the stop log or another design solution
to increase water surface elevations upstream of the weir during low river flow conditions, while
maintaining the benefits of the weir improvements project, including public safety at the weir,
fish passage, and boat passage. The results of the investigation are summarized in the technical
memo dated 7/10/2024 and briefly summarized as follows. The reinstallation of the stoplog is
not cost efficient for the service life and a more robust design solution was advanced to
preliminary design and included in the technical memo package. This design solution is referred
to as the construction of a new crest cap structure.

Based on our understanding of the project and the current needs, the approach outlined below
includes estimated pricing to perform the required services through permit application
submittal and limited follow up responses and analysis and development of permit level (60%)
design plans. Additional and/or unanticipated permitting effort not included, final design, and
construction services will be required and are not included in this scope. Hours are estimated
not to exceed, only actual hours and expenses will be billed. A detailed fee breakdown by task
and personnel is attached.

Schedule
The work for this scope is anticipated to begin upon execution of this contract. If a notice to
proceed is not received within 6 months of the date of this proposal, REP reserves the right to
update rates and fees. The submittal of permit applications is time sensitive. Receiving permit
September 2024 Kansas River Weir Improvements Project Design Scope
 Recreation Engineering and Planning 1
authorizations from relevant permitting agencies is expected to take 4 6 months or longer and
will be a driver of overall project schedule.
REP has prepared this scope to prioritize the path to permit application submittals. In-water
work cannot commence until permits are received.
Final design, technical specification development, and bidding can commence prior to receiving
permit authorizations. Therefore, these tasks have been excluded from this scope but can be
completed in a subsequent work authorization.


Task 1 Detailed Design (60% Design Development)
REP will advance the preliminary design plans dated 6/12/2024 to a 60% level to be delivered as
a PDF plan set. These plans will include sufficient detail for permit applications but not for
bidding or construction. The plans will include cross-sections, profiles, materials, construction
access / dewater details, etc. REP will develop a list of anticipated technical specifications.
Senior engineers to perform QA/QC. One virtual meeting to walk through the 60% design and
explain process and rationale, and one round of review and comment by the City is included.
Detailed Design Plans: The design will include detailed project layout, dimensions, geometry,
elevations, and materials sufficient to estimate quantities, and allow for review by the City.
Permit level staging, access, and water control plan will be included. The design will be
developed in AutoCAD software and will be delivered as PDF design plans.
60% Construction Cost Estimate: Development of an updated estimate of construction costs
based on estimated materials quantities and other construction costs including dewatering and
mobilization. At the 60% design stage, the cost estimate will be a Class 3 construction cost
estimate (AACE classification, expected accuracy range -20% to +30%).

Deliverables: Detailed design (60%) PDF plans, 60% construction cost estimate

Task 1 Labor - $16,620


Task 2 - Floodplain Impact Modeling
REP will perform hydraulic analysis to quantify floodplain impacts from the proposed project
and provide a no-rise certification if the proposed design meets the requirements. REP will
update the proposed conditions model to be consistent with the proposed design, perform an
updated floodplain impact hydraulic analysis, and develop a floodplain impact report detailing
the hydraulic analysis performed, and any floodplain impacts as a result of the proposed project.
The project will be designed to meet no-rise requirements if possible, and a no-rise certification
is included in this task.

For the purposes of this scope, we assume that a 1D HEC-RAS model of the appropriate reach of
the Kansas River is available and represents existing conditions reasonably well. It is assumed
that all floodplain analysis will be completed utilizing 1D HEC-RAS. It is assumed that the City will
provide REP with the most recent hydraulic model available for the reach.
September 2024 Kansas River Weir Improvements Project Design Scope
 Recreation Engineering and Planning 2
Deliverables: No-Rise certification, Modeling Results.

Task 2 Labor - $13,980


Task 3 Permit Application Document Development
Permit Application Support: This scope assumes the City of Topeka will apply for all required
permits with REP listed as the agent. A 404 permit or modification from the US Army Corps of
Engineers (USACE) will be required. It is assumed that the project will be permitted through a
formal existing permit modification and an individual permit application will not be required. A
water structures permit will be required from the Kansas Division of Water Resources (DWR). An
action permit will be required from the Kansas Department of Wildlife, Parks, & Tourism
(KDWPT). It is anticipated a Floodplain Development Permit administered by the City of Topeka
will be required, supported by a no-rise analysis. REP will support the City with the following in
conjunction with each permit application:
US Army Corps of Engineers (USACE)
Request for permit modification: Previous Permit from 2020 - NWK-0-02211

 Submit a formal permit modification request to Corps Permit NWK-0-02211.
 Provide a written summary of the proposed modifications, purpose and need of such
 changes.
 Summary of temporary fills and removal of those fills, and summary/quantification of
 any new/additional permanent fill along the river bank (linear feet) and within the river
 bed (acreage) that are necessary to complete the modifications.
 Permit level plansheets
 Coordination with USACE.


Kansas Division of Water Resources (DWR)




Water Structure No. SSN-0078-L Modification & LSN-0203-S
 60 % design plans
 No-rise analysis




September 2024 Kansas River Weir Improvements Project Design Scope
 Recreation Engineering and Planning 3
Kansas Department of Wildlife, Parks, & Tourism (KDWPT) Action Permit
Previous Action Permit No. 2017-21 (Amended in 2020)
 New application for action permit

City of Topeka Floodplain Permit
 Coordination with City representatives
 No rise certification
 Floodplain permit application


*This scope does not include KDHE Stormwater Permit To be completed by selected qualified
contractor.
Deliverables: Permit Application Documents

Additional Permitting Support: Following the submittal of the permit applications, it will be
necessary to answer agency questions and provide additional information as requested during
the permit application review process. This task includes up to 30 hours of additional permitting
support. If additional permitting support hours are required beyond 30 hours, REP will provide a
fee estimate to complete additional services at that time.
Task 3 Labor - $19,200



Total Tasks 1-3: $49,800




September 2024 Kansas River Weir Improvements Project Design Scope
 Recreation Engineering and Planning 4
Professional Services Cost Estimate Kansas River Weir Improvements Recreation Engineering and Planning
 September 2024

 Name Gary Lacy, PE Mason Lacy, PE Jake Kabler, PE Riley Gelatt, PE
 President / Principal
 Role Project Engineer Project Engineer Project Engineer
 Engineer
 Billing Rate $ 240.00 $ 180.00 $ 180.00 $ 180.00
 Total Hrs Total Fee
Kansas River Weir Improvements
 Task 1 Detailed Design (60% Design Development)
 Detailed Design Plans 2 25 25 25 77 $ 13,980
 60% Construction Cost Estimate 2 2 5 5 14 $ 2,640
 TOTAL Task 1 4 27 30 30 91 $ 16,620

 Task 2 Floodplain Impact Modeling
 Modeling Results 0 10 25 25 60 $ 10,800
 No-Rise Certification 2 5 5 5 17 $ 3,180
 TOTAL Task 2 2 15 30 30 77 $ 13,980

 Task 3 Permit Application Document Development
 Project meetings 2 5 5 5 17 $ 3,180
 Pre-application coordination with agencies 0 5 2 2 9 $ 1,620
 Permit Application Document Development 0 10 20 20 50 $ 9,000
 Post submittal permitting support 0 10 10 10 30 $ 5,400
 TOTAL Task 3 2 30 37 37 106 $ 19,200

 Total Expenses: $ -

 TOTAL PROJECT COSTS: $ 49,800
Note: The fees are estimated not to exceed. Each item will be billed at the hourly rates. Only actual expenses will be billed.
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 November 12, 2024


DATE: November 12, 2024
CONTACT PERSON: Sylvia Davis, Director DOCUMENT #:
 of Utilities
SECOND PARTY/SUBJECT: Bartlett and West, Inc. PROJECT #: 281245.18
CATEGORY/SUBCATEGORY 007 Contracts and Amendments / 005 Professional Services
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

APPROVAL of a Utilities Engineering Contract between the City of Topeka and Bartlett and
West, Inc., in an amount not to exceed $175,000 for engineering services.

(Approval will authorize the City Manager to sign and execute the contract to provide for hydraulic water
modeling upgrades to the GIS integrated water distribution system project 281245.18.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the contract for professional services. Pursuant to TMC 3.30.010, all contracts for
professional services exceeding $50,000 must be approved by the Governing Body.
STAFF RECOMMENDATION:
Staff recommends the Governing Body approve the contract as part of the consent agenda.
BACKGROUND:
The City Utilities' water distribution system relies on computer-based hydraulic water models to conduct scientific
analyses for various operational and planning purposes, including master planning, water age and quality studies,
system optimization, water availability studies, ISO ratings for fire department hydrant pressures, emergency
scenario testing, and system flush planning. However, the current water model has not been regularly updated or
maintained since its initial development. It operates on a software platform that is no longer fully supported,
making the system outdated and inadequate to meet current and future needs. Given these challenges, it is
critical to upgrade the hydraulic water model promptly to ensure system reliability and performance.
Bartlett & West, Inc., which performed the original design work in 1998, has provided intermittent updates and
maintenance over the years. In the best interest of the City, staff recommend approval of a contract with Bartlett &
West, Inc., the most qualified consultant for this project, to complete the necessary upgrade. Their familiarity with
the existing model and expertise will help ensure a seamless transition to a modern, functional system. Approval of
this contract will allow the City to restore critical capabilities and optimize water distribution operations for
improved service delivery.
BUDGETARY IMPACT:
$175,000
SOURCE OF FUNDING:
2023 Capital Improvement Plan
Resolution 9226/9318
Rev Bonds

ATTACHMENTS:
Description
Proposed Contract
2023 CIP Pg 39 Project 281245
Contract 29432 (October 10, 1998)
 Contract No.
 Project No. 281245.18



 CITY OF TOPEKA
 PUBLIC WORKS DEPARTMENT
 ENGINEERING DIVISION


 STANDARD AGREEMENT
 FOR
 ENGINEERING SERVICES


THIS AGREEMENT, is between the City of Topeka, Kansas (Owner) and Bartlett & West, Inc. (Engineer);



 WITNESSETH:

WHEREAS, the Owner wishes to employ the Engineer to perform professional engineering services on 281245.18

Hydraulic Water Model Upgrade. These services include the development of a new, GIS-integrated hydraulic model

of the water distribution system (the Project); and,


WHEREAS, the Owner requires certain engineering services in connection with the Project (the Services);

and,


WHEREAS, the Engineer is prepared to provide the Services;


NOW THEREFORE, in consideration of the promises contained in this Agreement, the Owner and Engineer.

agree to the following:


ARTICLE 1 - EFFECTIVE DATE

The effective date of this Agreement shall be


ARTICLE 2 - GOVERNING LAW

This Agreement shall be governed by the laws of the State of Kansas and the codes of the City of Topeka




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 Contract No.
 Project No. 281245.18


ARTICLE 3 - SERVICES TO BE PERFORMED BY ENGINEER

Engineer shall perform the Services described in Attachment A, Scope of Services, in accordance with applicable

sections of the City of Topeka Design Criteria and Drafting Standards of latest revision.


ARTICLE 4 - COMPENSATION

Owner shall pay Engineer in accordance with the Attachment B, Compensation.


ARTICLE 5

Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities.


ARTICLE 6 - SUPPLEMENTAL AGREEMENTS

The provisions set forth in Attachment D, Supplemental Agreements shall be incorporated into this Agreement.


ARTICLE 7 - PROJECT SCHEDULE

The provisions set forth in the Attachment E, Project Schedule shall be incorporated into this Agreement.


ARTICLE 8 - STANDARD OF CARE

Engineer shall exercise the same degree of care, skill, and diligence in the performance of Services as is ordinarily

possessed and exercised by a professional engineer under similar circumstances.


ARTICLE 9 - INDEMNIFICATION AND INSURANCE

Engineer hereby agrees to fully indemnify and hold harmless Owner and any of its departments, divisions, agencies,

officers, employees and elected officials from all loss, damage, cost, or expenses

fees and other expenses of litigation incurred by or on behalf of the Owner and any of its officers, employees or

elected officials arising out of Engineer's negligent performance of Services under this Agreement. Engineer

specifically agrees that this duty to indemnify and hold harmless will apply to the following:

 a. Claims, suits, or action of every kind and description when such suits or actions arise from the

 alleged negligent acts, errors, or omissions of the Engineer, its employees, agents, or

 subcontractors.




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 Contract No.
 Project No. 281245.18


 b. Injury or damages received or sustained by any party because of the negligent acts, errors, or

 omissions of the Engineer, its employees, agents, or subcontractors.

Engineer shall purchase and maintain during the life of this Agreement, insurance coverage which will

satisfactorily insure him against claims and liabilities which arise because of the execution of this Agreement.

The insurance coverages are as follows:

(1) Commercial General Liability Insurance, with a limit of $1,000,000 for each occurrence and $2,000,000 in

 the general aggregate.

(2) Automobile Liability Insurance, with a limit of $1,000,000 for each accident, combined single limit for

 bodily injury and property damage.

(3) Worker's Compensation Insurance and Employer's Liability Insurance, in accordance with statutory

 requirements, with a limit of $500,000 for each accident.

(4) Professional Liability Insurance, with a limit of $1,000,000 for each claim and aggregate.


Prior to issuance of the Notice to Proceed by Owner, Engineer shall have on file with Owner certificates of insurance


acceptable to Owner. Said certificates of insurance shall be filed with Owner in January of each year or may be


submitted with each agreement.


Engineer shall also maintain valuable papers insurance to assure the restoration of any plans, drawings, field notes


or other similar data relating to the work covered by this agreement, in the event of their loss or destruction, until


such time as the work has been delivered to the Owner.


Upon completion of all Services, obligations, and duties provided for in this Agreement, or if this Agreement is


terminated for any reason, the terms and conditions of this Article shall survive.




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 Contract No.
 Project No. 281245.18


ARTICLE 10 - LIMITATIONS OF RESPONSIBILITY

Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety

precautions and programs in connection with the Project, (2) the failure of any contractor, subcontractor, vendor, or

other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the Owner or to

comply with federal, state or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses

required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A,

Scope of Services.


ARTICLE 11 - OPINIONS OF COST AND SCHEDULE

Since Engineer has no control over the cost of labor, materials, or equipment furnished by others, or over the

resources provided by others to meet Project construction schedules, Engineer's opinion of probable construction

costs and of construction schedules shall be made on the basis of experience and qualifications as a professional

engineer. Engineer does not guarantee that proposals, bids, or actual Project construction costs will not vary from

Engineer's cost estimates or that actual construction schedules will not vary from Engineer's projected schedules.


ARTICLE 12 - REUSE OF DOCUMENTS

All documents, including, but not limited to, drawings, specifications, and computer software prepared by Engineer

pursuant to the Agreement are instruments of service in respect to the Project. They are not intended or represented

to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without

prior written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and

without liability or legal exposure to Engineer. Any verification or adaptation requested by Owner shall entitle

Engineer to compensation at rates to be agreed upon by Owner and Engineer.




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 Contract No.
 Project No. 281245.18


ARTICLE 13 - OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY

Except as otherwise provided herein, engineering documents, drawings, and specifications prepared by Engineer as

part of the Services shall become the sole property of Owner, however, that both Owner and Engineer shall have the

unrestricted right to their use. Engineer shall retain its rights in its standard drawing details, specifications, data

bases, computer software, and other proprietary property protected under the copyright laws of the United States.

Rights to intellectual property developed, utilized, or modified in the performance of services shall remain the

property of Engineer. Owner shall have the unlimited right to the use of intellectual property developed, utilized,

or modified in the performance of the Services at no additional cost to the Owner.


ARTICLE 14 - TERMINATION

This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other

party to perform in accordance with the terms of this Agreement. The nonperforming party shall have fifteen

calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other

party. Owner may terminate or suspend performance of this Agreement for Owner's convenience upon written

notice to Engineer. Engineer shall terminate or suspend performance of the Services on a schedule acceptable to

Owner. If termination or suspension is for Owner's convenience, Owner shall pay Engineer for all Services

performed prior to the date of the termination notice. Upon restart, an adjustment acceptable to Owner and Engineer

shall be made to Engineer's compensation.


ARTICLE 15 - DELAY IN PERFORMANCE

Neither Owner nor Engineer shall be considered in default of the Agreement for delays in performance caused by

circumstances beyond the reasonable control of the nonconforming party. For purposes of this Agreement, such

circumstances include abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, or other civil

disturbances; sabotage, judicial restraint, and inability to procure permits, licenses, or authorizations from any local,

state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either

Owner or Engineer under this Agreement.




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 Contract No.
 Project No. 281245.18


Should such circumstances occur, the nonconforming party shall, within a reasonable time of being prevented from

performing, give written notice to the other party describing the circumstances preventing continued performance

and the efforts being made to resume performance of the Agreement.

For delays in performance by Engineer, as set forth in Attachment E, Project Schedule, which are caused by

circumstances which are within its control, such delays shall be documented on the Engineer's Project Performance

Evaluation form. Said form shall be completed at the conclusion of Project and acknowledged by both Owner and

Engineer. Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant

selection for City projects.

In the event Engineer is delayed in the performance of Services because of delays caused by Owner, Engineer shall

have no claim against Owner for damages or contract adjustment other than an extension of time.


ARTICLE 16 - COMMUNICATIONS

Any communication required by this Agreement shall be made in writing to the address specified below:


 Engineer: Cory P. Schoffelman, P.E.
 1200 SW Executive Drive, Topeka, Kansas 66615
 (785) 272-2252


 Owner: City of Topeka City Clerk
 215 SE 7th Street, Room 166
 Topeka, KS 66603
 (785) 368-3940


 With a Copy to: City of Topeka Utilities Department
 3245 NW Waterworks Drive
 Topeka, KS 66606
 (785) 368-3111


Nothing contained in the Article shall be construed to restrict the transmission of routine communications

between representatives of Engineer and Owner.




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 Contract No.
 Project No. 281245.18



ARTICLE 17 - WAIVER

A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall not

affect the waiving party's rights with respect to any other or further breach.


ARTICLE 18 - SEVERABILITY

The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event

rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any

other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and

the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular

portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken

provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions

of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of

this Agreement be determined void.


ARTICLE 19 - INTEGRATION

This Agreement represents the entire and integrated agreement between Owner and Engineer. All prior and

contemporaneous communications, representations, and agreements by Engineer, whether oral or written, relating

to the subject matter of this Agreement, as set forth in Attachment D, Supplemental Agreements are hereby

incorporated into and shall become a part of this Agreement


ARTICLE 20 - SUCCESSORS AND ASSIGNS

Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators,

assigns, and legal representatives to the other party of this Agreement and to the directors, officers, partners,

successors, executors, administrators, assigns, and legal representatives of such other party in respect to all

provisions of this Agreement.




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 Contract No.
 Project No. 281245.18


ARTICLE 21 - ASSIGNMENT

Neither Owner nor Engineer shall assign any rights or duties under this Agreement without the prior written consent

of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will release or

discharge the assignor from any obligation under this Agreement. Nothing contained in this Article shall prevent

Engineer from employing independent consultants, associates, and subcontractors to assist in the performance of the

Services; however, other agreements to the contrary notwithstanding, in the event Engineer employs independent

consultants, associates, and subcontractors to assist in performance of the Services, Engineer shall be solely

responsible for the negligent performance of the independent consultants, associates, and subcontractors so

employed.


ARTICLE 22 - THIRD PARTY RIGHTS

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Engineer.

ARTICLE 23 RELATIONSHIP OF PARTIES

Nothing contained herein shall be construed to hold or to make the Owner a partner, joint venturer, or associate of

Engineer, nor shall either party be deemed the agent of the other, it being expressly understood and agreed that the

relationship between the parties hereto is and shall at all times remain contractual as provided by the terms and

conditions of this Agreement.




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 Contract No.
 Project No. 281245.18



IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement.




 CITY OF TOPEKA BARTLETT & WEST, INC
 Owner Engineer



 By: Robert M. Perez, Ph.D. By:


 City Manager
 Title Title



 Date: Date:


 Attest: Attest:
 City Clerk, Brenda Younger




 APPROVED AS TO FORM AND LEGALITY


 DATE______________ BY___________________




 C&P DIRECTOR


 ___________




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 Contract No.
 Project No. 281245.18


 ATTACHMENT A
 TO
 AGREEMENT FOR ENGINEERING SERVICES


Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 281245.18 Hydraulic Water Model Upgrade


 SCOPE OF SERVICES


The project is specifically defined below:

 The Engineer will develop a GIS-integrated hydraulic model of the water distribution system using

 customer usage data.


BASIC SERVICES

The Engineer agrees to provide the following basic services.

Task 1. Construct GIS-Integrated Model
 Coordinate with Owner to review existing GIS Water layers, determine which layers will be integrated
 into the hydraulic model, and determine what data will be conveyed from GIS to the hydraulic model.

 Following the initial and check transfers, provide the Owner with a summary of potential GIS
 changes/corrections flagged by the software (Owner to make corrections).

Task 2. Characterize Pipes and Special Elements
 Assign every pipe a C factor (i.e. friction coefficient) based on pipe material, pipe age, and C factors
 assigned in the existing model.
 Characterize tanks, reservoirs, pumps, and control valves using relevant information included in the
 existing hydraulic model (e.g. elevations, dimensions, pumping curves, operational set points, etc).
 Review and update tank, reservoir, pump, and control valve characteristics, including gaging tables,
 performance curves, and operational set-points, as provided by the Owner.

Task 3. Define Junction Elevations
 Assign an elevation to all junctions using the latest Shawnee County digital elevation map (DEM) or
 Owner-provided elevation data source.

Task 4. Allocate System Demands
 Format Owner-provided usage data for import into model. Individual data points must include a unique
 identifier (e.g. water meter number, parcel number, or street address).
 Develop -
 using the unique identifier.
 Allocate system demands.

 Manually assign unrelated demands; 570 anticipated (i.e. 0.1%).



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 Contract No.
 Project No. 281245.18


 custom demand curves for those users as necessary.

Task 5. Optimize Model Output
 Compare the output from the model to the Owner-provided SCADA data and fire hydrant flow testing
 results.
 Optimize model performance by making local and/or global adjustments to C factors
 data.
 Provide Owner with a summary of the results from optimization.

Task 6. Setup s
 Develop an extended period simulation (EPS) scenarios for the current
 demands.

Task 7. Output Review and Delivery
 Review output from new hydraulic model and compare to output from existing hydraulic model.
 Summarize notable differences between output from new hydraulic model and output from existing
 hydraulic model.
 Develop standard operating procedure for future model updates.
 Transfer one (1) copy of electronic modeling files to Owner.

ALTERNATE SERVICES

If required and/or requested by the Owner to complete the BASIC SERVICES, the Engineer will provide the
following ALTERNATE SERVICES at the fee amounts listed in Attachment B.

A. Make GIS Changes/Corrections
 Review each item included in the initial summary of the potential GIS changes/corrections prepared as
 part of Task 1 and determine if a change or correction is necessary.
 Meet with City staff to review proposed changes/corrections.
 all verified changes/corrections (maximum of 500).

B. Fire Hydrant Flow Testing
 Coordinate with Owner to identify 50 locations for fire hydrant flow testing.
 Develop fire hydrant flow testing data forms.
 Provide a team of two to perform 50 fire hydrant flow tests. Provide two pressure gauges and a means for
 measuring flow.

 diffuser as necessary.


SUPPLEMENTAL SERVICES

Any work requested by the Owner that is not included in the Basic Services or Alternate Services will be classified
as Supplemental Services. Supplemental Services shall include, but are not limited to the following.

 Making changes to GIS layers other than those changes identified during initial model construction.
 Field investigations other than fire hydrant flow testing.
 Final calibration of the model (i.e. any effort required to calibrate the model or portions of the model
 beyond making local and/or global adjustments to C factors).

 the data points).
 Review of individual customer usage history beyond that included in Basic Services.
 Review of and revisions to customer-specific demand curves beyond that included in Basic Service.

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 Contract No.
 Project No. 281245.18

Development of new customer-specific demand curves.
Development of any other scenarios including future demand scenarios, future improvement scenarios,
 ios.
Future model updates and transfer of updated electronic modeling files to Owner on an annual basis or
semi-annual basis.
Review and utilization of City-obtained fire hydrant pressure and/or flow information to check model
calibration during future model updates.




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 Contract No.
 Project No. 281245.18




 ATTACHMENT B
 TO
 AGREEMENT FOR ENGINEERING SERVICES


Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 281245.18 Hydraulic Water Model Upgrade


 COMPENSATION


For the services covered by this Agreement, the Owner agrees to pay the Engineer as follows:

A1. For the Basic Services described in Attachment A, an amount equal to the cumulative hours charged to the
 or each applicable
 billing class, plus reimbursable expenses. The total fee shall not exceed $108,000.00.

A2. For the Alternative Services an amount equal to the cumulative hours
 charged to the project by each class of Engi
 each applicable billing class, plus reimbursable expenses. The total fee shall not exceed $22,000.00.

A3. an amount equal to the cumulative hours charged

 applicable billing class, plus reimbursable expenses. The total fee shall not exceed $45,000.00.

B. Compensation for Supplemental Services shall be made as defined below, when authorized in writing by
 the Owner. The maximum limit for each item of additional service shall be established individually and
 specifically agreed to by the Owner as stated below, unless the service is included in a subsequent
 agreement.

C. Hourly rates for each classification as defined by the Engineer's rate schedule, see Attachment F. Hourly
 charge rates are subject to adjustment annually on January 1. Overtime, when authorized by the Owner,
 will be billed at 1.5 times the rates listed (non-engineer time only).

 Reimbursable charges will be considered the amount of actual costs of expenses or charges, including
 such items as staking materials, equipment rental, equipment hourly charges, mileage, toll telephone
 calls, reproduction and similar project related expenses.

D. The entire amount of each statement shall be due and payable upon receipt by the Owner.

E. It is understood and agreed:

 1. That the Engineer shall start the performance of Services within 10 days of receipt of a notice to
 proceed and shall complete the work in accordance with the contract times set forth in Attachment
 E, Project Schedule.

 2. That the Engineer shall keep records on the basis of generally accepted accounting practice of
 costs and expenses which records shall be available for inspection at all reasonable times.


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 Contract No.
 Project No. 281245.18


 ATTACHMENT C
 TO
 AGREEMENT FOR ENGINEERING SERVICES



Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 281245.18 Hydraulic Water Model Upgrade



 OWNER'S RESPONSIBILITIES


The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items:

1. Make available to the Engineer all records, reports, maps, and other data pertinent to provision of the
 services required under this contract.

2. Examine all plans, specifications and other documents submitted by the Engineer and render decisions
 promptly to prevent delay to the Engineer.

3. Designate one City of Topeka employee as the Owner representative with respect to all services to be
 rendered under this agreement. This individual shall have the authority to transmit instructions, receive
 information and to interpret and define the Owner's policies and decisions pertinent to the Engineer's
 services.

4. Issue notices to proceed to the Engineer for each phase of the design services.

5. Personnel for making all necessary corrections to GIS layers that are not specifically addressed by the
 Engineer as part of the Basic services or Alternate Services.

6. Historical customer usage data (12 months minimum) in an .xlsx file (Excel) or .gdb file (goedatabase).

7. Personnel and equipment necessary for completing the fire hydrant flow testing that are not provided by
 the Engineer.

8. Design characteristics for existing storage and pumping facilities including gauging tables, pump design
 points, and pump performance curves.

9. Current operational parameters (i.e. pump on/off set points, PRV set points, zone boundary limits, etc.).

10. SCADA data corresponding to each fire hydrant flow test.




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 Contract No.
 Project No. 281245.18



 ATTACHMENT D
 TO
 AGREEMENT FOR ENGINEERING SERVICES



Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 281245.18 Hydraulic Water Model Upgrade



 SUPPLEMENTAL AGREEMENTS



Owner and Engineer agree that the following communications, representations, and agreements by Engineer,
whether oral or written, relating to the subject matter of the Agreement are hereby incorporated into and shall
become a part of the Agreement as set forth in ARTICLE 19 - INTEGRATION.




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 Contract No.
 Project No. 281245.18



 ATTACHMENT E
 TO
 AGREEMENT FOR ENGINEERING SERVICES



Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 281245.18 Hydraulic Water Model Upgrade



 PROJECT SCHEDULE


Owner and Engineer recognize that time is of the essence of the Agreement and that Owner will suffer financial loss
if the work is not completed within the times stipulated herein, plus any extensions thereof. Accordingly, Engineer
has established time intervals, in calendar days, for submittals at various stages of the project as detailed below. As
each actual submittal date occurs, Engineer shall meet with Owner to discuss the progress of the work and the actual
submittal date shall be documented. If project is behind schedule, the reason shall be recorded. Engineer shall not
be responsible for the time required by Owner's representative to review Engineer's submittal. When review is
complete, Owner shall, in writing, authorize Engineer to proceed to the next submittal date. After final submittal
date, Engineer and Owner shall meet to evaluate Engineer's performance with regard to design schedule. An
Engineer's Project Performance Evaluation form shall be completed and acknowledged by both Owner and Engineer.
Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant selection for
City projects. Past performance shall be accounted for on the evaluation sheet used to rank consultants during the
interview process.


1. Schedule: Engineer will construct the hydraulic model and deliver to Owner based on the following
 schedule:

 a. Tasks 1 thru 3 Engineer will complete Tasks 1 thru 3 within 90 days of receipt of the Notice to Proceed
 by Owner. Assumes two weeks for Owner to complete changes/corrections flagged by the software


 b. Tasks 4 and 5 Engineer will complete Tasks 4 and 5 within 30 days of completing Task 3. Assumes
 Owner has provided all documentation outlined in Attachment C.

 c. Tasks 6 and 7 Engineer will complete Tasks 6 and 7 within 30 days of completing Task 5.




 Page 16 of 16 10/16/2024 6:22:53 AM
x x
 10.03.2024 12.31.2025
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.


 EACH OCCURRENCE $
 DAMAGE TO RENTED
 CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $

 MED EXP (Any one person) $

 PERSONAL & ADV INJURY $

  GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
 PRO-
 POLICY JECT LOC PRODUCTS - COMP/OP AGG $

 OTHER: $
 COMBINED SINGLE LIMIT $
 (Ea accident)
 ANY AUTO BODILY INJURY (Per person) $
 OWNED SCHEDULED BODILY INJURY (Per accident) $
 AUTOS ONLY AUTOS
 HIRED NON-OWNED PROPERTY DAMAGE $
 AUTOS ONLY AUTOS ONLY (Per accident)
 $

 OCCUR EACH OCCURRENCE $

 CLAIMS-MADE AGGREGATE $

 DED RETENTION $ $
 PER OTH-
 STATUTE ER
  ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
  OFFICER/MEMBER EXCLUDED?
 E.L. DISEASE - EA EMPLOYEE $
  If yes, describe under
  DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.


 EACH OCCURRENCE $
 DAMAGE TO RENTED
 CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $

 MED EXP (Any one person) $

 PERSONAL & ADV INJURY $

  GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
 PRO-
 POLICY JECT LOC PRODUCTS - COMP/OP AGG $

 OTHER: $
 COMBINED SINGLE LIMIT $
 (Ea accident)
 ANY AUTO BODILY INJURY (Per person) $
 OWNED SCHEDULED BODILY INJURY (Per accident) $
 AUTOS ONLY AUTOS
 HIRED NON-OWNED PROPERTY DAMAGE $
 AUTOS ONLY AUTOS ONLY (Per accident)
 $

 OCCUR EACH OCCURRENCE $

 CLAIMS-MADE AGGREGATE $

 DED RETENTION $ $
 PER OTH-
 STATUTE ER
  ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
  OFFICER/MEMBER EXCLUDED?
 E.L. DISEASE - EA EMPLOYEE $
  If yes, describe under
  DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
Capital Improvement Project Summary
Project Name: Annual Water Main Replacement Program Council Priority: Investing in Infrastructure
Project Number: 281245.00 Project Year(s): 2023-2032
Department: Utilities Estimated Useful Life: 100 Year(s)
Division: Water Contact: Duncan Theuri
Council District(s): Multiple New to CIP? No
Type: Repair/Replace If Not New, First Year in CIP: Prior to 2010
Project Status: Construction Previously Approved in CIB: $13,250,000
Primary Funding Source: Revenue Bonds New Money in CIB: $4,873,750
Estimated Operating Cost Total Current CIB: $18,123,750
CIP Years 4-10: $52,040,000 Total Project Cost: $70,163,750
Project Description:
The Water Main Replacement Program focuses on restoring water mains located in areas with extensive break and repair histories. In recent years, water main breaks have become more prevalent
due to the aging infrastructure. In recent years, water main breaks have become more prevalent due to the aging infrastructure. Based on historic studies and experience in the United States, the
average useful life for water mains ranges between 75-100 years, depending upon local soil and environmental conditions. Beyond this period, failure is imminent. This project will also involve
activities to improve public education on risks from lead while evaluating materials throughout the distribution system to ensure that customers are receiving the highest quality water. The Lead
and Copper Rule Revisions (LCRR) encompasses water quality evaluations, distribution system materials assessment and replacements in both public and private water service lines.



Project Justification:
Data obtained using Fracta, a technology solution which utilizes information on the City's pipelines in combination with other data to determine the probability of failure for each segment of main throughout the
water system, is used to assist in determining projects in the program. Citizen and Council requests vary annually, but they are common place as citizens are highly inconvenienced by water main breaks.
Replacement program efforts will also focus on needed replacements associated with half cent sales tax and other priority street improvement projects to be implemented by the City Engineering Division. There is
approximately $3.38M remaining in previous annual programs, however, all but $754K of this is accounted for in planned projects. Grant money may be available through the American Rescue Plan Act for the water
main program. Replacing aged water infrastructure improves water quality throughout the City and improves fire flow protection. Employing a proactive approach to replacing water mains will result in reduced
operations costs as the number of emergency repairs are reduced. Sub-projects in the CIP period are planned to include but not limited to: SW 17th St, MacVicar to I-470, Montara Northway and Woodglen St,
between Arvonia Pl and 38th Pl.

History:
Topeka's water distribution system consists of nearly 890 miles of transmission and neighborhood distribution water mains ranging in size from 2 to 48 inches in diameter. Assuming the optimal
asset life span of 100 years, an annual replacement program approaching nine (9.0) miles per year is required to mitigate continued progressive water main break rates. On average, Topeka has
experienced a break rate of 3.8 times that of the AWWA average over the last five years. Breaks increase operational costs.




Measures Time/Location Infrastructure Council Priority Impact on Budget Equity External Funding Total Score (0-100)
Score 2.25 3.75 3.5 2.75 1.5 2.5 70

Project Estimates 2023 2024 2025 2026 2027 2028-2032 Total CIP
Design/Admin Fees $ 642,385 $ 550,000 $ 550,000 $ 557,895 $ 711,360 $ - $ 3,011,640
Right of Way $ 16,352 $ 135,000 $ 135,000 $ 150,203 $ 191,520 $ - $ 628,074
Construction/Service Fees $ 5,841,263 $ 4,315,000 $ 4,315,000 $ 4,291,902 $ 5,472,120 $ 40,200,000 $ 64,435,285
Contingency $ - $ - $ - $ - $ - $ - $ -
Technology $ - $ - $ - $ - $ - $ - $ -
Financing Costs (Temp Notes) $ - $ - $ - $ - $ - $ - $ -
Cost of Issuance (Rev/GO Bonds) $ 119,625 $ 80,000 $ 46,000 $ 19,000 $ 58,500 $ - $ 323,125
Debt Reserve Fund (Rev Bond) $ 598,125 $ 400,000 $ 380,000 $ 95,000 $ 292,500 $ - $ 1,765,625
Capitalized Interest $ - $ - $ - $ - $ - $ - $ -
Totals $ 7,217,750 $ 5,480,000 $ 5,426,000 $ 5,114,000 $ 6,726,000 $ 40,200,000 $ 70,163,750

Financing Sources 2023 2024 2025 2026 2027 2028-2032 Total CIP
G.O. Bonds and or ARPA $ - $ - $ - $ - $ - $ - $ -
Revenue Bonds and or ARPA $ 6,699,000 $ 4,480,000 $ 4,226,000 $ 1,064,000 $ 3,276,000 $ - $ 19,745,000
Fix Our Streets Sales Tax $ - $ - $ - $ - $ - $ - $ -
Countywide JEDO Sales Tax $ - $ - $ - $ - $ - $ - $ -
Operating Fund General $ - $ - $ - $ - $ - $ - $ -
Operating Fund Facilities $ - $ - $ - $ - $ - $ - $ -
Operating Fund Fleet $ - $ - $ - $ - $ - $ - $ -
Operating Fund IT $ - $ - $ - $ - $ - $ - $ -
Operating Fund Parking $ - $ - $ - $ - $ - $ - $ -
Operating Fund Stormwater $ - $ - $ - $ - $ - $ - $ -
Operating Fund Wastewater $ - $ - $ - $ - $ - $ - $ -
Operating Fund Water $ 518,750 $ 1,000,000 $ 1,200,000 $ 4,050,000 $ 3,450,000 $ 40,200,000 $ 50,418,750
Federal Funds $ - $ - $ - $ - $ - $ - $ -
G.O. Bonds - Special $ - $ - $ - $ - $ - $ - $ -
Totals $ 7,217,750 $ 5,480,000 $ 5,426,000 $ 5,114,000 $ 6,726,000 $ 40,200,000 $ 70,163,750




 34
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 November 12, 2024


DATE: November 12, 2024
CONTACT PERSON: Sylvia Davis, Utilities DOCUMENT #:
 Department Director
SECOND PARTY/SUBJECT: Amending the 2025- PROJECT #: 281361
 2034 CIP and 2025-2027
 CIB to include Project
 for Lead Service Line
 Replacement Project
CATEGORY/SUBCATEGORY 020 Resolutions / 004 Public Improvements
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia
Ortiz, David Banks and Neil Dobler, amending the 2025-2034 Capital Improvement Plan (CIP) and 2025-
2027 Capital Improvement Budget (CIB) to include Project No. 281361. (The Public Infrastructure
Committee recommended approval on October 15, 2024.)

Voting Requirement: Action requires at least six (6) votes of the Governing Body.

(Approval would amend the CIP/CIB to add the project and authorize the total project budget in the
amount of $74,280,000.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to adopt the committee’s recommendation.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
At its meeting on October 15, 2024, the Public Infrastructure Committee approved the request to amend the
Capital Improvement Plan (CIP) and Capital Improvement Budget (CIB) to include Project No. 281361 related to
Lead Service Line Replacement.
BUDGETARY IMPACT:
$74,280,000 is the maximum amount. Based on the the current status of the lead service line inventory, we will not
need all of the funding that is available. It is possible 50% of the loan principle could be forgiven.
SOURCE OF FUNDING:
Kansas Public Water Supply Loan Fund

ATTACHMENTS:
Description
Resolution & Exhibit A
PHS Committee Report (October 15, 2024)
PHS Committee Excerpt (October 15, 2024)
 1 RESOLUTION NO. ___________
 2
 3 A RESOLUTION introduced by the Public Infrastructure Committee comprised of
 4 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler,
 5 amending the 2025-2034 CIP and the 2025-2027 CIB for the Lead
 6 Service Line Replacement Project.
 7
 8 WHEREAS, the Governing Body adopted Resolution No. 9520 approving the 2025-

 9 2033 Capital Improvement Program (CIP) and the 2025-2027 Capital Improvement Budget

10 (CIB); and

11 WHEREAS, staff has requested to add an additional project; and

12 WHEREAS, at its meeting on October 15, 2024, the Public Infrastructure Committee

13 favorably considered staff’s request to amend the CIP/CIB.

14 NOW, THEREFORE, BE IT RESOLVED, BY THE GOVERNING BODY OF THE

15 CITY OF TOPEKA, KANSAS, that the 2025-2034 CIP and 2025-2027 CIB, as approved by

16 Resolution No. 9520, be amended to include Project No. 281361 for the Lead Service Line

17 Replacement Project as further described by the project summary attached herein and

18 incorporated by reference in Exhibit A.

19 ADOPTED and APPROVED by the Governing Body on _____________________.

20 CITY OF TOPEKA, KANSAS
21
22
23
24 Michael A. Padilla, Mayor
25 ATTEST:
26
27
28 ______________________________
29 Brenda Younger, City Clerk




 RES/Amend 2025-2027 CIP-CIB 9/27/24 1
 LSL Replacement
EXHIBIT A
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT
 Name of Public Infrastructure
 Committee:

 Title: RESOLUTION – Lead Service Line Replacement and
 Amendment of the 2025 CIP Project No. 281361.00


Date referred
from Council
 meeting:

Date referred October 15, 2024
 from
 Committee:

  Committee MOTION: Committee member Ortiz made a motion to
 Action: approve the request for Resolution amending the 2025-
 2034 CIP and the 205-2027 CIB for the Lead Service Line
 Replacement Project. Committee member Banks seconded.
 Approved 2-0-0.

  Comments: Committee member Dobler was absent.

Amendments:


 Members of Councilmembers Sylvia Ortiz (Chair), David Banks, and
 Committee: Neil Dobler

Agenda Date November 12, 2024
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org



 EXCERPT
 CITY OF TOPEKA, Topeka, Kansas, Tuesday, October 15, 2024. The Public
Infrastructure Committee members met at 11:00 A.M. with the following Committee members
present: Sylvia Ortiz (Chair), and David Banks. Absent: Committee member Neil Dobler.

 The following is an excerpt of the draft minutes from the meeting:

 APPROVAL of the Resolution amending the 2025-2034 CIP and the 2025-2027 CIB for
the Lead Service Line Replacement Project.


Lead Service Line replacement and Amendment of the 2025 CIP Project No. 281361.00

Sylvia Davis, Utilities Director, reported the Lead & Copper Rule Revisions (LCRR)
announcement was presented at the Governing Body meeting October 1, 2024. She added the
City would receive a $74 million State Revolving Fund Loan with a 50% fund match
requirement from the City of Topeka. There is a need for Resolution to amend the 2025-2034
and the 2025-2027 CIB for the Lead Service Line Replacement Project. She added the program
is set for a ten-year program, and coincides with the compliance schedule.

MOTION: Committee member Ortiz made a motion to approve the request. Committee member
Banks seconded. Approved 2-0-0.

 ***************************




Presented at the November 12, 2024 Governing Body Meeting Page 1
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 November 12, 2024


DATE: November 12, 2024
CONTACT PERSON: Sylvia Davis, Utilities DOCUMENT #:
 Department Director
SECOND PARTY/SUBJECT: Kansas Public Water PROJECT #:
 Supply Loan Fund
 administered by KDHE
CATEGORY/SUBCATEGORY 020 Resolutions / 004 Public Improvements
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

PUBLIC HEARING concerning a proposed loan in an amount not to exceed $74,280,000 to be taken by
the City of Topeka from the Kansas Public Water Supply Loan Fund administered by Kansas
Department of Health and Environment (KDHE) pursuant to KSA 65-163c et seq.

RESOLUTION introduced by City Manager Dr. Robert M. Perez, authorizing the filing of an application
to the Kansas Department of Health and Environment regarding a loan from the Kansas Public Water
Supply Loan Fund.

Voting Requirement: Action requires at least six (6) votes of the Governing Body.

(Approval would authorize City staff to proceed with the preparation and execution of a loan agreement with
KDHE for the purposes of permanently financed costs related to inventorying or replacing lead service lines.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to authorize City staff to proceed with the preparation and execution of a loan agreement with KDHE for
the purposes of permanently financed costs related to inventorying or replacing lead service lines.
STAFF RECOMMENDATION:
Staff recommends the Governing Body conduct the public hearing and approve the resolution.
BACKGROUND:
The loan will permanently finance Utilities Project No. 281361 up to the amount of $74,280,000 from the Kansas
Public Water Supply Loan Fund (KPW SLF), with an estimated $37,585,680 in loan forgiveness.
BUDGETARY IMPACT:
Debt service for permanently financed inventorying or replacing lead service lines projects would be scheduled
over a 20-year period and payments would be structured through the appropriate utility fund.
SOURCE OF FUNDING:
Debt service will be paid through the water utility fund and is funded by associated fees.

ATTACHMENTS:
Description
Public Hearing Notice (September 30, 2024)
Resolution
State Revolving Fund Loan Project Listing
Proof of Publication - Topeka Metro Newspaper September 30, 2024
KPWSLF Loan Application
 (Published in the Topeka Metro Newspaper September 30, 2024)


 NOTICE OF PUBLIC HEARING


 Notice is hereby given that the Governing Body of the City of Topeka, Kansas, will conduct
a public hearing on November 12, 2024, at 6:00 PM at the following location:

 Cyrus K. Holliday Building
 620 SE Madison Street
 First Floor Conference Room (Holliday West)
 Topeka, Kansas, 66603

regarding a proposed loan in an amount not to exceed $74,280,000 (the “Loan”) to be taken by the
City of Topeka from the Kansas Public Water Supply Loan Fund (the “Fund”) administered by
the Kansas Department of Health and Environment (“KDHE”) pursuant to K.S.A. 65-163c et seq.
The City of Topeka has made preliminary application to KDHE for the Loan, the proceeds of
which will be used by the City of Topeka to finance certain modifications and improvements (the
“Project”) to the City of Topeka’s water supply and distribution system (the “System”), and to pay
interest during construction of the Project. Further information regarding the nature and scope of
the Project, the source of revenues pledged to secure the Loan, the City of Topeka’s financial
information, the City of Topeka’s water conservation plan, environmental impact information
which could qualify for a categorical exclusion, the proposed Loan documents, and the schedule
of rates proposed by the Governing Body to enable the City of Topeka to meet its financial
obligations for the Loan are available for public inspection and copying at any time during normal
business hours at the address set forth below.

 The Governing Body will not adopt a resolution authorizing the completion of the Loan
application and the execution and delivery of the Loan documents until after the conclusion of the
public hearing described in this Notice.

 All persons having an interest in this matter will be given an opportunity to be heard at the
time and place herein specified.

 Dated: September 30, 2024

 City Clerk’s Office,
 215 SE 7th Street, Room 012B
 Topeka, Kansas, 66603

 City of Topeka, KANSAS

 /s/ Brenda Younger_____________
 Brenda Younger, City Clerk
 RESOLUTION NO.__________

A RESOLUTION introduced by City Manager Dr. Robert M. Perez authorizing the
 completion of an application to the Kansas Department of Health and
 Environment regarding a loan from the Kansas Public Water Supply
 Loan Fund.

 WHEREAS, the City of Topeka Kansas (the “[City/District]”) is a duly incorporated

City of the First Class, organized under the laws of the state of Kansas (the “State”) which

operates a public water supply and distribution system (the” System”); and

 WHEREAS, the City Council (the “Governing Body”) of the City has heretofore

determined in to be in the best needs of the customers of the System to undertake certain

modifications and improvements (the “Project”) to the System; and

 WHEREAS, the pursuant to K.S.A. 65-163c et seq. (the “Act”), the Kansas

Department of Health and Environment (“KDHE”) administers the Kansas Public Water

Supply Loan Fund (the “Fund”) from which loans are made to certain qualified Municipalities

(as said term is defined in the Act) to finance modification and improvements to public water

supply systems; and

 WHEREAS, the City has heretofore made an application to KDHE for a loan in an

amount not to exceed $74,280,000 (the “Loan”) to finance the Project; and

 WHEREAS, the Governing Body has conducted a public hearing on November 12,

2024, on the advisability of proceeding with the completion of the application for the Loan

and desires to authorize the appropriate officials of the City to accomplish the completion

process.

 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF TOPEKA,

KANSAS, AS FOLLOWS:




RES/KPWSLF application 10/22/2024 1
 Section 1. Loan Application. The Mayor, City Manager or designee of the City are

hereby authorized to cause to be prepared and to execute a Loan Application, including all

attachments thereto (jointly, the “Application”); in substantially the form presented to the

Governing Body this date, in order to provide financing for the Project. The Application shall

be forwarded to KDHE as soon as possible.

 Section 2. Further Proceedings. The Mayor, City Clerk, City Manager, and the other

officers and representatives of the City are hereby authorized and directed to take such other

action as may be necessary to complete the Application and to coordinate processing of a

loan agreement for the Loan (the “Loan Agreement”); provided that the authorization to

execute the Loan Agreement shall be subject to further resolution of the Governing Body.

 Section 3. Further Authority. This Resolution shall be in full force and effect from and

after its adoption.

 ADOPTED and APPROVED by the Governing Body on ______________________.

 CITY OF TOPEKA, KANSAS




 Michael A. Padilla, Mayor

ATTEST:



______________________________
Brenda Younger, City Clerk




RES/KPWSLF application 10/22/2024 2
Capital Improvement Project Summary
Project Name: LSL Replacement Department: Utilities
Project Number: 281361.00 Division: Water
Primary Funding Source: SRF Contact: Duncan Theuri
Multiple Funds: No New Project? Yes
Council District(s): Multiple 1st CIP Year:
 Type: Project

Project Description & Justification:
The Lead Service Line Replacement Project aims to replace lead service lines throughout the City of Topeka. The project will address both city-owned and privately-owned service lines. Specifically, it will target the
replacement of 135 known city-owned lead service lines, as well as up to an additional 1,598 city-owned service lines where the material is currently being determined through ongoing inventory processes. In addition to city-
owned lines, the project is exploring the possibility of offering financial assistance for the replacement of customer-owned lead service lines with assistance targeted to households that meet LMI requirements. The amount of
assistance available will be dependent on the number of qualifying households, and the amount of SRF loan forgiveness, which is estimated at 50% . There are 219 customer-owned lead service lines that have been identified,
as well as approximately 4,600 customer-owned lines of unknown material that are being determined though ongoing inventory processes. Replacing these lines in accordance with the Revised Lead and Copper Rule reduces
health risks associated with potential lead exposure and modernizes water infrastructure.


 Measures Time/Location Infrastructure Priority Budget Impact Equity Ext. Funding Total Score
Score 0

Project Estimates >2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Total Cost
Design/Admin Fees $ - $ - $ 1,243,500 $ 1,243,500 $ 1,243,500 $ 1,243,500 $ 1,243,500 $ 1,243,500 $ 1,243,500 $ 1,243,500 $ 1,243,500 $ 1,243,500 $ 12,435,000
Right of Way $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Construction/Service Fees $ - $ - $ 4,516,554 $ 4,516,554 $ 4,516,554 $ 4,516,554 $ 4,516,554 $ 4,516,554 $ 4,516,554 $ 4,516,554 $ 4,516,554 $ 4,516,554 $ 45,165,536
Contingency $ - $ - $ 785,500 $ 785,500 $ 785,500 $ 785,500 $ 785,500 $ 785,500 $ 785,500 $ 785,500 $ 785,500 $ 785,500 $ 7,855,000
Technology $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Financing Costs (Temp Notes) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Cost of Issuance (SRF) $ - $ - $ 148,560 $ 148,560 $ 148,560 $ 148,560 $ 148,560 $ 148,560 $ 148,560 $ 148,560 $ 148,560 $ 148,560 $ 1,485,600
Debt Reserve Fund (SRF) $ - $ - $ 733,886 $ 733,886 $ 733,886 $ 733,886 $ 733,886 $ 733,886 $ 733,886 $ 733,886 $ 733,886 $ 733,886 $ 7,338,864
Capitalized Interest $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Totals $ - $ - $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 74,280,000

Financing Sources >2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Total Cost
G.O. Bonds $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Revenue Bonds $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
SRF $ - $ - $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 74,280,000
Fix Our Streets Sales Tax $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Countywide Sales Tax $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Operating Fund General $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Operating Fund Facilities $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Operating Fund Fleet $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Operating Fund IT $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Operating Fund Parking $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Operating Fund Stormwater $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Operating Fund Wastewater $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Operating Fund Water $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Federal Funds Exchange $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Federal Funds (Other) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Cash $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
CDBG $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Totals $ - $ - $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 74,280,000
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 November 12, 2024


DATE: November 12, 2024
CONTACT PERSON: Braxton Copley, DOCUMENT #:
 Assistant City Manager
SECOND PARTY/SUBJECT: Kansas Department of PROJECT #: 70-89 KA-1266-04
 Transportation Fleet
 Garage Purchase
CATEGORY/SUBCATEGORY 007 Contracts and Amendments / 010 State of Kansas
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

CONVEYANCE of real estate to the State of Kansas for $3,685,887.76.

Voting Requirement: Action requires at least six (6) votes of the Governing Body.

(Approval would convey the current light duty fleet garage located 210 SE 4th Street, adjacent to the Law
Enforcement Center to the State of Kansas.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the agreement with the State of Kansas Department Of Transportation.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the Conveyance of real estate to the State of Kansas for
$3,685,887.76.
BACKGROUND:
The State of Kansas is going to be constructing a new viaduct to replace the existing Polk Quincy viaduct. The
new alignment will be directly over the existing light duty fleet facility. KDOT has negotiated the purchase price of
$3,685,887.76 to compensate the City for the real estate and improvements. This amount is separate from
relocation assistance estimated to be $3.19 million which will be reimbursed to the City once it has physically
relocated to the new facility.
BUDGETARY IMPACT:
 $3,685,887.76
SOURCE OF FUNDING:
Kansas Department of Transportation

ATTACHMENTS:
Description
Disbursement of Proceeds
Temporary Easement
Contract for Conveyance of Real Estate
Deed
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 November 12, 2024


DATE: November 12, 2024
CONTACT PERSON: Tony Trower, Deputy DOCUMENT #:
 Public Works Director
SECOND PARTY/SUBJECT: Teamsters Local No. PROJECT #:
 696 Labor Agreement
 2025-2027
CATEGORY/SUBCATEGORY 007 Contracts and Amendments / 020 Employee Agreements
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

APPROVAL of a three-year labor agreement between the City of Topeka and Teamsters Local
No. 696, representing street maintenance employees.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.

(Approval will provide the terms and conditions of the employee-employer relationship as tentatively agreed to
between Management and the Union and authorize the City Manager to execute the agreement effective
January 2025 through December 2027.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Pursuant to Topeka Municipal Code Section 2.115.020(a) approval of employee agreements between the city and
a recognized employee organization is approved by the city council and signed by the city manager.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the labor agreement.
BACKGROUND:
The current contract expires December 31, 2024. A tentative agreement has been reached for a 3-year contract.
A summary of the contract changes is attached.
BUDGETARY IMPACT:
The proposed agreement includes the following:
 3% matrix increase for 2025, 2% matrix increase for 2026, 2% matrix increase for 2027. With this,
 there is also an increase from 5% to 8% in the grade change from Maintenance Worker to
 Maintenance Worker Specialist
 Increase in Meal Allowance during overtime from $10 to $15
 Increase Retirement Sick Leave payout from 35% to 50%


SOURCE OF FUNDING:
Special Highway/Motor Fuel Fund

ATTACHMENTS:
Description
Labor Agreement
Labor Agreement (REDLINED Version)
Finance Memo
Summary of Contract Changes
 CITY OF TOPEKA CONTRACT # _______




 AGREEMENT

 between

 CITY OF TOPEKA
 and

 EMPLOYEES

 of the

CITY OF TOPEKA STREET MAINTENANCE SECTION
 TEAMSTERS UNION, LOCAL NO. 696




 JANUARY 2025 - DECEMBER 2027
 Table of Contents
ARTICLE 1 RECOGNITION AND UNION SECURITY ............................................................. 1
 Section 1. Preamble. .......................................................................................................... 1
 Section 2. Employee Rights. .............................................................................................. 1
 Section 3. City Ordinances................................................................................................. 1
 Section 4. Bargaining Unit. ................................................................................................ 1
 Section 5. Check-off. ......................................................................................................... 2
 Section 6. Visits by Union Representatives. ...................................................................... 3
 Section 7. Bulletin Boards. ................................................................................................ 3
 Section 8. New Employees. ............................................................................................... 4
ARTICLE 2 GENERAL PROVISIONS AND MISCELLANEOUS BENEFITS .......................... 5
 Section 1. Code of Ethics and Pledge Against Discrimination and Coercion. .................. 5
 Section 2. Work Rules. ...................................................................................................... 5
 Section 3. Policies, Rules, and Regulations not Contained in this Agreement. ................. 6
 Section 4. Uniforms. .......................................................................................................... 7
 Section 5. Protective Equipment. ....................................................................................... 7
 Section 6. Return of City Property. .................................................................................... 8
 Section 7. Night Security. .................................................................................................. 9
 Section 8. Performance Assessments. ................................................................................ 9
 Section 9. Distribution of the Memorandum of Agreement. ............................................. 9
 Section 10. Job Studies. ..................................................................................................... 9
 Section 11. Union/Management Meetings. ...................................................................... 10
 Section 12. Employee Assistance Programs. ................................................................... 10
 Section 13. Driver's License/Insurability Requirements. ................................................. 10
 Section 14. Cafeteria Benefit Plan. .................................................................................. 12
 Section 15. Deferred Compensation. ............................................................................... 12
 Section 16. Employee Development. ............................................................................... 12
 Section 17. Mileage Reimbursement. .............................................................................. 14
 Section 18. Employee Wellness Development Program.................................................. 14
 Section 19. Benefits Committee. ..................................................................................... 14
 Section 20. Personal Day. ................................................................................................ 14
 Section 21. Residency. ..................................................................................................... 15
 Section 22. City Issued Cell Phones. ............................................................................... 15
ARTICLE 3 DEFINITIONS ......................................................................................................... 16
ARTICLE 4 MANAGEMENT RIGHTS...................................................................................... 18
ARTICLE 5 GRIEVANCE PROCEDURE .................................................................................. 20
 Section 1. Definition. ....................................................................................................... 20
 Section 2. Applicability.................................................................................................... 20
 Section 3. Representation................................................................................................. 20
 Section 4. Union Grievances............................................................................................ 20
 Section 5. Steward System. .............................................................................................. 20
 Section 6. Procedure. ....................................................................................................... 22
 Section 7. Arbitration. ...................................................................................................... 24
 Section 8. Authority of Arbitrator. ................................................................................... 24
 Section 9. Arbitration Expenses. ...................................................................................... 25
 Section 10. Effect of Time Limits. ................................................................................... 25
 Section 11. Expedited Grievance Procedure. ................................................................... 25
 i
ARTICLE 6 DISCIPLINE AND DISCHARGE ........................................................................... 26
 Section 1. Policy. ............................................................................................................. 26
 Section 2. Procedure. ....................................................................................................... 27
 Section 3. Grounds for Suspension or Termination. ........................................................ 28
 Section 4. Manner of Discipline. ..................................................................................... 30
 Section 5. Notification of Disciplinary Action. ............................................................... 31
 Section 6. Form and Measure of Disciplinary Action...................................................... 31
 Section 7. Personnel File.................................................................................................. 31
ARTICLE 7 HOURS OF WORK ................................................................................................. 33
 Section 1. Regular Hours. ................................................................................................ 33
 Section 2. Work Schedules. ............................................................................................. 33
 Section 3. Rest & Meal Periods. ...................................................................................... 34
 Section 4. Post-trip Inspection/Clean-up. ........................................................................ 35
 Section 5. Time and Place for Reporting for Work. ........................................................ 36
 Section 6. Reporting Time. .............................................................................................. 36
 Section 7. Call/Show-up Time and Work from Home. ................................................... 36
 Section 8. Shift Differential. ............................................................................................ 37
 Section 9. Exceptions. ...................................................................................................... 37
 Section 10. Standby.......................................................................................................... 37
ARTICLE 8 OVERTIME ............................................................................................................. 40
 Section 1. Policy and Practice. ......................................................................................... 40
 Section 2. Distribution of Overtime Work. ...................................................................... 40
 Section 3. Employee's Obligation to Accept Overtime Work.......................................... 41
 Section 4. Definition of Pay Status. ................................................................................. 41
 Section 5. Compensatory Time. ....................................................................................... 42
 Section 6. Inclement Weather Declaration....................................................................... 42
ARTICLE 9 SENIORITY ............................................................................................................. 43
 Section 1. Definition. ....................................................................................................... 43
 Section 2. Loss of Seniority. ............................................................................................ 43
 Section 3. Seniority List. .................................................................................................. 44
ARTICLE 10 PROBATIONARY EMPLOYEES ........................................................................ 45
 Section 1. Definition. ....................................................................................................... 45
 Section 2. Initial Probation. ............................................................................................. 45
 Section 3. Interim Probation. ........................................................................................... 46
ARTICLE 11 VACANCIES-TRANSFERS-PROMOTIONS - DEMOTIONS ........................... 47
 Section 1. Definitions....................................................................................................... 47
 Section 2. Posting of vacancies. ....................................................................................... 47
 Section 3. Selection process. ............................................................................................ 48
 Section 4. Promotion........................................................................................................ 48
 Section 5. Demotion......................................................................................................... 49
ARTICLE 12 LAYOFF PROCEDURE........................................................................................ 50
 Section 1. Layoff Determination. ..................................................................................... 50
 Section 2. Required Notice. ............................................................................................. 50
 Section 3. Recall. ............................................................................................................. 50
 Section 4. Layoff Options. ............................................................................................... 51
ARTICLE 13 SICK LEAVE ......................................................................................................... 52
 Section 1. Accumulation. ................................................................................................. 52

 ii
 Section 2. Requests. ......................................................................................................... 52
 Section 3. Acceptable Use. .............................................................................................. 53
 Section 4. Year-end Reconciliation/Payment Upon Retirement. ..................................... 54
 Section 5. Return to Work. .............................................................................................. 54
 Section 6. Excessive Use of Sick Leave. ......................................................................... 55
 Section 7. Leave Requiring Medical Attention. ............................................................... 55
 Section 9. Incentive for Non-Use of Sick Leave. ............................................................. 56
 Section 10. Non-City Employment Injury and Use of Leaves. ........................................ 57
 Section 11. Effect of Inter/Intra-Departmental Transfers on Sick Leave Accrual. .......... 57
 Section 12. Light Duty for Injury On or Off The Job. ..................................................... 57
ARTICLE 14 HOLIDAYS............................................................................................................ 58
 Section 1. Holidays Recognized and Observed. .............................................................. 58
 Section 2. Eligibility Requirements. ................................................................................ 59
 Section 3. Holiday Work. ................................................................................................. 60
ARTICLE 15 VACATION ........................................................................................................... 61
 Section 1. Eligibility and Allowance. .............................................................................. 61
 Section 2. Vacation Pay. .................................................................................................. 61
 Section 3. Choice and Selection of Vacation Period. ...................................................... 62
 Section 4. Holiday During Vacation Period. .................................................................... 63
 Section 5. Vacation Right in Case of Layoff, Separation, or Retirement. ....................... 63
ARTICLE 16 LEAVES OF ABSENCE ....................................................................................... 61
 Section 1. Eligibility Requirements. ................................................................................ 64
 Section 2. Leave of Absence Without Pay; Obligations of Employee. ............................ 64
 Section 3. Leave of Absence Without Pay; Conditions. .................................................. 64
 Section 4. Military Leaves. .............................................................................................. 65
 Section 5. Funeral/Family Crisis Leave. .......................................................................... 66
 Section 6. Jury Duty/Court Appearances. ........................................................................ 66
 Section 7. Leave Agreements. .......................................................................................... 67
 Section 8. Medical Disability Leave. ............................................................................... 67
 Section 9. Voting Time. ................................................................................................... 69
 Section 10. Civic Duty. .................................................................................................... 69
 Section 11. Union Leave. ................................................................................................. 70
ARTICLE 17 HEALTH AND SAFETY ...................................................................................... 72
 Section 1. Safety. ............................................................................................................. 72
 Section 2. Healthcare Benefits. ........................................................................................ 73
 Section 3. Pension. ........................................................................................................... 73
ARTICLE 18 WAGES.................................................................................................................. 74
 Section 1. Pay Plan........................................................................................................... 74
 Section 2. Pay Period. ...................................................................................................... 75
 Section 3. Step Movement. .............................................................................................. 76
 Section 4. Classification Placement and Progression. ..................................................... 76
ARTICLE 19 CLOSING AND SAVINGS CLAUSE .................................................................. 78
 Section 1. Closing Clause. ............................................................................................... 78
 Section 2. Savings Clause. ............................................................................................... 78
ARTICLE 20 TERMINATION AND AMENDMENTS ............................................................. 79



 iii
 ARTICLE 1

 RECOGNITION AND UNION SECURITY

 Section 1. Preamble.

 This Agreement is by and between the City of Topeka, Kansas, hereinafter referred to as the

“City,” the “Employer,” or “Management” and the City of Topeka Street Section of the International

Brotherhood of Teamsters, Local No. 696, hereinafter referred to as “Teamsters” or “Union.”

 Section 2. Employee Rights.

 Public employees shall have the right to form, join, and participate in the activities of

employee organizations of their own choosing, for the purpose of meeting and conferring with public

employers or their designated representatives with respect to grievances and conditions of

employment. In accordance with existing state laws, public employees shall also have the right to

refuse to join or participate in the activities of employee organizations.

 Section 3. City Ordinances.

 The parties agree that all ordinances now in force which are not in conflict with any provision

of this Agreement shall apply to members of the bargaining unit. Any ordinances hereafter enacted

may also be applied to employees of the bargaining unit covered by this Agreement, provided that

both parties consent to such application.

 Section 4. Bargaining Unit.

 The Employer recognizes the Union as the exclusive agent for employees in the collective

bargaining unit. As defined in the State of Kansas Public Employee Relations Board Case No. 75-

UCA-2-2000, that unit shall consist of employees in the Street Maintenance Section holding part-

time and full-time permanent and probationary positions as Maintenance Worker Trainee,

Maintenance Worker, Maintenance Worker Senior and Maintenance Worker Specialist.

 1
 The City agrees to advise the Union in advance of any changes in or additions to the above

classifications and to meet and confer with the Union before the institution of any change to the

terms and conditions of employment of the employees covered by the provisions of this Agreement.

 Section 5. Check-off.

 The Employer agrees to deduct the Union membership initiation fee assessments, dues,

and/or representation fees once each month on the first pay day from the wages of those employees

who personally request in writing such deductions be made. The written authorization for the above

deductions shall be received in the Human Resources Department at least thirty (30) days prior to the

day that said deductions are to be made. The amounts to be deducted shall be certified to the

Employer by the official Treasurer of the Union. The aggregate deductions of all employees shall be

remitted together with a computer printout to the official Treasurer of the Union by the end of the

succeeding month after such deductions are made by the Department of Financial Services. The

computer printout shall consist of a listing of every employee for which current Union deductions are

withheld.

 To partially offset the administrative costs associated with the check-off service, the

Employer is authorized to charge and receive reimbursement from the Union in the amount of $.10

per bargaining unit member per deduction and $.60 for the processing of any change. For the

purpose of administering this provision, “change” shall mean in the amount of a deduction or in the

addition or removal of someone from the check-off computer printout. Although monthly

itemizations shall accompany such regular printout, the annual total of check-off administrative fees

for the prior calendar year shall be billed to the Union Treasurer each January.

 The Union will notify the Director of Financial Services in writing whenever any employee

has elected to rescind his or her authorized deduction for Union membership. Such a withdrawal of

 2
authorization shall become effective with the first full pay period following the date of receipt of

the notice.

 All withholding and benefit deductions shall be made before the Union check-off is taken

from the employee's wages. In the event no wages are left in any pay period to meet the Union

check-off, the City is not obligated to process the deduction. Neither is it responsible for keeping

track of or retroactively deducting check-offs when the employee's pay becomes sufficient to cover

them. No Union check-off shall be made if an employee is on unpaid leave.

 Section 6. Visits by Union Representatives.

 Non-employee Union representatives will be permitted to come on the premises of the

Employer for the purpose of investigating grievances, discussing alleged violations of the

Memorandum of Agreement, and fulfilling their exclusive representative obligations to members of

the bargaining unit, provided they report to the Street Operations Manager and give the following

information: (a) The name of the employee to be visited and (b) the approximate time needed for

and purpose of the visit.

 The Street Operations Manager will determine whether the employee's duties are such that

the employee can be made available at the time to talk to the Union representative. If the Street

Operations Manager determines that the employee's duties are such that he/she cannot be released at

that time, the Union representative will be told when the employee will be available.

 Section 7. Bulletin Boards.

 The official bulletin boards provided for posting notices to employees in the Division and/or

Section may be made available to appropriate Union officials for the purpose of posting notices of

Union meetings, results of elections, and Union activities. Such notices shall be dated and on Union

stationery. The Union agrees to furnish a copy of any such notice to the Street Operations Manager

 3
prior to its posting.

 Section 8. New Employees.

 The City will introduce new bargaining unit employees to a Union Steward on the job.




 4
 ARTICLE 2

 GENERAL PROVISIONS AND MISCELLANEOUS BENEFITS

 Section 1. Code of Ethics and Pledge Against Discrimination and Coercion.

 The Union hereby commits itself and all bargaining unit members to abide by the provisions

of the City of Topeka Code of Ethics as adopted by the City Council on March 27, 2007, as may be

amended, and made applicable to all elected and appointed officials and employees.

 The provisions of this Agreement shall be applied equally to all employees without

discrimination as to age, familial status, race, religion, gender, color, creed, sexual orientation,

national origin or ancestry, political affiliation, or disability that does not affect job performance.

The Union shall share equally with the Employer the responsibility for applying this provision of the

Agreement.

 All references to employees in this Agreement designate both sexes, and wherever just the

male gender is used it shall be construed to include male and female employees.

 The Employer agrees not to interfere with the right of employees to become members of the

Union. There shall be no discrimination, interference, restraint, or coercion by the Employer or any

Employer representative against any employee of the Union membership.

 There shall be no coercion exercised upon any employee in an attempt to persuade them to

join the Union. Likewise, there shall be no discrimination, interference, threats or restraint exercised

upon any non-union employee. The Union recognizes its responsibility as bargaining agent and

agrees to represent all employees within the bargaining unit, without discrimination, interference,

restraint, or coercion, whether or not they belong to the Union.

 Section 2. Work Rules.

 It is understood that work rules and/or regulations will not be inconsistent with the provisions

 5
of this Agreement. Work rules and/or regulations will be reasonable and uniformly applied in like

circumstances.

 Existing work rules and regulations pertaining to the performance of work and the conduct of

employees shall be available in the Street Section for review by employees. One copy of the rules

and regulations shall be made available to the Union. When existing work rules are changed or new

rules established, they shall be posted prominently on the Street Section bulletin board for a period of

seven (7) consecutive calendar days before implementation. In the event the Union does not agree to

a proposed new or changed rule or regulation which would materially affect a condition of

employment, it shall not take effect until the parties have met to discuss the issue. Such a meeting

shall take place within fifteen (15) days of receipt by the City of the Union’s written objection to the

proposal.

 During an emergency as declared by the Public Works Director or his/her designee, existing

work rules may be temporarily suspended.

 Section 3. Policies, Rules, and Regulations not Contained in this Agreement.

 The parties agree that all City policies and programs, as well as the administrative rules and

regulations implementing them, now in force or hereafter enacted in accordance with the Topeka

City Code and Personnel Code and not in conflict with any provision of this Agreement, shall apply

to all employees covered by this Agreement. The City will provide written notice of proposed new

policies, programs, and rules or regulations, or material changes to existing policies, programs, and

rules or regulations, to the Union prior to presentation for public comment. In the event the Union

does not agree to a proposed policy, program, rule, or regulation which would materially affect a

condition of employment, it will not apply to employees covered by this Agreement. Any additional

benefits and/or rights granted to all City employees by any such policy or program or the

 6
administrative rules and regulations implementing it, however, will also be applied to employees

covered by this Agreement.

 Section 4. Uniforms.

 If employees are required to wear a uniform as a condition of employment, such uniforms

shall be furnished to the employee by the Employer. The Employer agrees to provide employees of

the Street Section with the following uniform items in the quantities listed:

 High Visibility T-shirts (7)

 Jeans or bib overalls (7)

 Denim work shirts (7)

 Heavy Coat with hood (1)

 Insulated bib overalls (1)

 Hooded High Visibility Sweatshirt Jacket (1)

 High Visibility Work cap/hat (baseball style) (1)

 High Visibility Work cap/hat (stocking) (1)

 High Visibility Work cap/hat (safari or wide brim) (1)

 Additional or replacement uniforms shall be subject to a "repair or replace" program

administered by the Employer. In the event of lost clothing or damage due to carelessness, the

employee shall pay for the replacement. Employees are expected to exercise diligence in the care of

uniforms. Laundry services will be provided for all clothing (jeans, work shirts, etc.) supplied by the

contracted rental company. It is the employee’s responsibility to launder and maintain their high

visibility t-shirts and sweatshirts.

 Section 5. Protective Equipment.

 Employees are required to wear Personal Protective Equipment (PPE) which include protective

 7
clothing and safety-toe work boots and other certain protective equipment as a condition of employment.

Such Personal Protective Equipment (PPE) protective clothing or protective equipment shall be furnished

to the employee by the Employer. Employees are required to wear safety-toe work boots of at least six

inches (6”) in height. Employees may wear rubber boots for specific applications (such as when working

with concrete) with the approval of Management. The City will pay up to one hundred seventy-five

dollars ($175.00) toward the purchase of authorized footwear including toward the purchase of an

employee’s first pair and any Management authorized replacement pairs. Additional or replacement work

boots shall be subject to a “repair or replace” program administered by the Employer.

 The Employer agrees to provide safety glasses to all employees who are required to wear them.

The Employer agrees to pay up to a total of one hundred fifty dollars ($150.00) annually toward the

purchase or repair of such prescription safety glasses. The Employer agrees to provide respirator masks

that are resistant to oil particulates for employees that work with the mastic machine.

 The requirement for any type of protective clothing or equipment shall be determined by the

Employer. In the event of loss or damage due to carelessness, the employee shall pay for the replacement.

Employees are expected to exercise diligence in the care of protective clothing or equipment. Assigned

Personal Protective Equipment (vests, hats, etc.) shall be stored on-site in the employee’s assigned locker.

 Section 6. Return of City Property.

 Employees shall return any property belonging to the City upon separation. Such property

shall include, but not be limited to, the following:

 A. Uniforms furnished to the employee by the City;

 B. Any tools, equipment, and/or materials belonging to the City;

 C. ID Badges, cell phones, keys, etc., that could be used to gain access to City property

and all copies made thereof; and

 D. Protective devices or clothing furnished by the City.

 8
 Upon termination of employment, the employee agrees to return all City property. The

employee also agrees to return all uniform items when uniforms are updated or replaced. Failure to

return all City property will result in the cost of such property being deducted from the employee’s

final check provided the deduction does not reduce wages below the minimum wage. When the

value of unreturned City property exceeds $250.00 and such value has not been deducted from the

final check, the City may pursue civil remedies to recover such property or its value.

 Section 7. Night Security.

 The Employer will regularly check on all employees working by themselves to assure their

health and safety.

 Section 8. Performance Assessments.

 All employees shall be given copies of their annual job evaluations immediately after signing.

No changes shall be made on evaluations after copies have been provided. All employees shall be

entitled to fair and impartial evaluations. Accidents shall not cause an employee to be rated

downward in the event the accident is found to be no fault of the employee.

 Section 9. Distribution of the Memorandum of Agreement.

 Unless advised differently by the Union prior to printing, the Employer will make available to

the Union one copy of this Agreement for each employee in the bargaining unit within one week

after receiving the reproduced copies. If the City provides a copy for each bargaining unit employee,

the printing cost shall be shared equally between the Union and the City. Stewards will be

authorized to distribute copies of the Memorandum of Agreement to employees.

 Section 10. Job Studies.

 Union requests for job reclassification studies shall be considered on an individual, case-by-

case basis. If the Human Resources Director and/or the Public Works Director determine that a job

 9
study is warranted, the study shall be conducted by the Human Resources Department. As a result of

the study, the Director of Human Resources shall make a recommendation to the City Manager, who

shall make the final determination whether any reclassifications are approved.

 Section 11. Union/Management Meetings.

 At the request of either the Union or the Employer, meetings shall be held for the purpose of

considering matters of mutual interest other than grievances, provided that mutually acceptable

arrangements as to time and place can be made. Employees designated as representatives of the

Union, not to exceed four (4), shall not suffer a loss of time or pay when absent from their assigned

work schedules for the purpose of attending said meetings.

 Section 12. Employee Assistance Programs.

 The City and Union agree to cooperate in encouraging employees who are in need of

counseling and/or assistance in such areas as alcoholism, drug abuse, financial and/or legal

difficulties, family problems, and similar areas to undergo programs directed to their rehabilitation.

An employee may be required to seek appropriate remedial counseling if, in the determination of the

Street Operations Manager, the employee's personal behavior and/or activity is interfering with job

performance. Referrals for assistance may be arranged confidentially through either the Human

Resources Department, the Deputy Public Works Director or designee or the Union.

 Section 13. Driver's License/Insurability Requirements.

 A. All bargaining unit members who are required to obtain or maintain a valid Commercial

Driver’s License (CDL) will be provided up to two (2) hours of on-duty time to take the initial CDL

test or to renew an existing license.

 B. The Employer agrees to reimburse employees for the cost of required endorsements, as

determined by Management, pursuant to State requirements for a CDL. The City shall reimburse

 10
employees for the first attempts to acquire or renew their CDLs, but all fees associated with

subsequent attempts will be the responsibility of the employee.

 C. Employees shall notify their supervisors in the event their personal driver’s licenses or

CDLs are suspended, revoked, or otherwise confiscated or when they are charged with any driving

infraction. Such notification shall be made to the supervisor prior to the start of the next scheduled

work period. Under no circumstances shall a Street Section employee whose driver’s or CDL license

has been suspended, revoked, or otherwise confiscated operate a City vehicle prior to supervisory

notification of the restrictive action. Failure to report the license encumbrance or the operation of a

City vehicle prior to supervisory notification thereof shall be grounds for immediate disciplinary

action up to and including termination from City employment.

 D. An employee who suffers the loss of his or her license for a period of ninety (90) calendar

days or less or becomes uninsurable under the City’s current policy coverage shall be assigned to

non-driving duties for a period of thirty (30) calendar days. Thereafter, an employee will be assigned

to non-driving duties for which the employee is qualified for an additional sixty (60) calendar days,

but will be paid at the rate for the position into which he or she is assigned. Employees may use

accrued vacation, personal leave, or compensatory time during this sixty (60) calendar day period. If

an employee’s license is reinstated or he or she becomes insurable during this overall ninety (90)

calendar day period, the employee shall be reinstated to his or her former position.

 E. Unless there exists a non-driving position to which he or she can continue to be assigned

without any special accommodation, an employee who suffers the loss of his or her license or

remains uninsurable under the City’s current policy coverage for a period of time greater than ninety

(90) calendar days shall be removed from his or her position with the Street Section but kept on the

City rolls with continued benefits at the minimum salary level necessary to cover the deductions

 11
therefor in an otherwise non-duty, non-pay status for an additional ninety (90) calendar days while

competing for positions which have no license and/or insurability requirements. Employees may use

accrued vacation, personal leave, or compensatory time during this ninety (90) calendar day period,

however, to continue receiving full pay.

 Section 14. Cafeteria Benefit Plan.

 All benefit-eligible bargaining unit members may participate in the Cafeteria Benefit Plan,

established and recognized as a qualified Internal Revenue Service Section 125 Plan. Bargaining

unit members shall have the same benefits, rights, and obligations as all other City employees who

are members of this plan, as well as be subject to any changes in the plan that would affect those

other employees.

 Section 15. Deferred Compensation.

 All benefit-eligible employees may participate in the Deferred Compensation Plan as defined

by the City of Topeka.

 Section 16. Employee Development.

 The purpose of the City's employee development program is to promote improved

productivity in City services.

 A. Only full-time, benefit-eligible employees may be reimbursed for tuition expenses for

academic or technical courses pursued through recognized accredited educational institutions.

 B. The course must directly relate to the employee's current job duties or be an outside-

 the-major electives required for a degree or certificate in a field to which the

 employee would have a reasonable expectation of being promoted while employed at

 the Street Section.

 C. Up to one thousand dollars ($1000.00) annually may be authorized and reimbursed

 12
for eligible employees.

 D. An employee must complete the request for tuition reimbursement form as provided

by the Human Resources Department and have the concurrence and signatures of Management as

required on the form before the employee can be reimbursed. The approved request form must be

received by the Human Resources Department within one month after the beginning date of the

course which the employee desires to attend. Evidence of completion with a passing grade of "C"

(70th percentile) or above and proof of payment for the course must be received by the Human

Resources Department within two months after the ending date of the semester/session/quarter in

which it was taken in order for the employee to receive reimbursement.

 E. The City will not reimburse employees for non-credit special interest courses

completed by examination only; continuing education courses; late fees; lab fees; extracurricular

fees; textbooks; or other course-related materials and tuition covered by other sources such as

government assistance to a veteran (GI Bill), grants, scholarships, and similar programs.

 F. An employee attending a course pursuant to these guidelines during working hours

may arrange with his/her supervisor to utilize compensatory time, vacation time or time without pay

as scheduling/staffing allows as determined by Management for the time utilized to attend the

course(s).

 G. The Deputy Public Works Director or designee shall make every effort to budget for

 and approve reimbursement for academic courses for employees. The Deputy Public

 Works Director or designee shall approve courses on a first-come, first served basis

 in a non-discriminatory manner. Approval will be subject to budgetary constraints.

 H. American Concrete Institute (ACI) certification or recertification will be paid by

 employer.

 13
 Section 17. Mileage Reimbursement.

 Reimbursement to an employee for the use of his or her private vehicle for City business shall

be conditioned upon approval by the Deputy Public Works Director or designee prior to such use.

Requests for approval after the use shall only be honored in extraordinary circumstances where pre-

authorization was not feasible -- and in any event at the total discretion of the Deputy Public Works

Director or designee. Approved reimbursement shall be at the rate established by the City.

 Section 18. Employee Wellness Development Program.

 To encourage policies and practices that enable employees to achieve optimal physical and

mental health, the City shall offer a physical fitness facility to bargaining unit employees. All those

wishing to participate in a physical fitness program must apply through the City Wellness Center

prior to the start of a class. This program may be subject to budgetary restrictions.

 Section 19. Benefits Committee.

 The Union shall be entitled to select one (1) employee from the bargaining unit as a

representative on any City Employees Benefits Committee. Such representative shall receive his/her

regular rate of pay for the time spent in meetings during regularly scheduled hours of employment,

not to exceed two (2) hours per month. The Deputy Public Works Director or designee may,

however, authorize additional time on a case-by-case basis upon written request from the employee

representative.

 Section 20. Personal Day.

 All bargaining unit employees shall, upon successful completion of their initial employment

probationary periods (minimum 6 months, maximum 9 months), be granted one (1) discretionary

personal day off with pay per calendar year. Employees must schedule such personal days off with

their Supervisor. This personal day cannot be carried over from one (1) calendar year to the next

 14
except due to extenuating circumstances as approved by the Supervisor. However, in all instances

the Personal Day must be used by June 30th of the next calendar year or be lost.

 a) Personnel, while working five day - 8 hour shifts will be granted 8 hours for their
 personal day.
 b) Personnel, while working four day – 10 hour shifts will be granted 10 hours for their
 personal day.
 Section 21. Residency.

 All bargaining unit members shall be subject to the residency requirements as set forth in

Ordinance 20370 passed on September 6, 2022 and any amendments to or repeal of the current code.

 Section 22. City Issued Cell Phones.

 In the event an employee is provided with a cell phone, the restrictions on and rates per

minute for personal use will be commensurate with City policy.




 15
 ARTICLE 3

 DEFINITIONS

 The following terms, when used in this Agreement, shall have the meaning ascribed to them

unless the context clearly indicates otherwise:

 A. Full-time Employee is one who works 40 hours per week on a regular and continuing

basis.

 B. Part-time Employee is one who works less than 40 hours per week on a regular and

continuing basis.

 C. Regular Employee is a benefit-eligible, full- or part-time employee who has

satisfactorily completed a probationary period as stated in Article 10, Section 2.

 D. Temporary Employee is one who works on an irregular or non-permanent basis.

 E. Overtime shall mean work approved by the Management in excess of 40 hours per

week in pay status.

 F. Classifications shall be defined as the categories into which employees are grouped

and which are specified in Section 4 of Article 1 of this Agreement.

 G. Permanent Employee is a benefit eligible, full-time or part-time employee, if they

have satisfactorily completed a probationary period.

 H. Probation shall mean that period of time that supervisors assess the work of an

individual in order to determine the ability of the individual to perform the required responsibilities

of the assigned position and continue employment in the assigned position.

 I. Probation Initial Hire shall apply to all newly hired employees and shall constitute a

period of time not less than 1040 work hours which may be extended in accordance with Article 10.

 J. Probation Interim shall apply to all newly promoted, transferred and/or voluntarily

 16
demoted employees and shall constitute a period of time not less than 1040 work hours which may

be extended in accordance with Article 10.

 K. Emergency is defined as an unexpected occurrence requiring immediate action or

attention such as a utility failure in the roadway, local disaster, a weather event, snow emergency, or

other public disaster that may cause the need for the clearing of streets and alleys.

 L. Weather Event is a weather occurrence such as snow, sleet, strong damaging winds,

tornado, flooding, etc. that may cause the need to close or clear roadways, bridges, and overpasses.

 M. Personal Protective Equipment (PPE) is protective clothing, equipment, gear or other

device required to be worn by the employee to provide protection. Such equipment and devices are

ANSI certified. Equipment are considered to be but not limited to safety vests, hats, safety-toe work

boots, etc.

 N. Business Day is any weekday (Monday through Friday) when City of Topeka offices

are open for business.




 17
 ARTICLE 4

 MANAGEMENT RIGHTS

 Except where limited by express provisions elsewhere in this Agreement, nothing in this

Agreement shall be construed to restrict, limit, or impair the rights, powers, and authority of the

Employer as granted to it under the laws of the State of Kansas and the Municipal Code. The rights,

powers, and authority include, but are not limited to, the following:

 a) Direct the work of its employees;

 b) Hire, promote, demote, transfer, assign, recall, and retain employees in positions

within the Section or Division;

 c) Discipline, suspend, demote, or discharge employees for just cause;

 d) Maintain the effectiveness, productivity, and efficiency of governmental operation;

 e) Relieve employees from duties because of lack of work or for other legitimate

reasons;

 f) Take actions as may be necessary to carry out the mission of the City in emergencies

as declared by Management; and

 g) Determine the methods, means, and personnel by which operations are to be carried

on.

 The provisions of this Article shall not, however, be used for the purpose of undermining the

Union.

 The work performed by supervisory/Management personnel in responding to various

urgent/emergency situations during their on-call duty period is not to be used by Management as a

means of laying off bargaining unit personnel or refusing to fill a bargaining unit position vacated by

termination, retirement, or other forms of attrition. The parties agree that, if Management is aware

 18
that there is a need for overtime work (other than the types of work routinely performed by on-call

Management personnel during their on-call duty periods), then the work shall be performed by a

bargaining unit employee, subject to the provisions of Article 8 of this Agreement. The parties also

agree that work that will result in a continuation of a regular work schedule shall be performed by a

bargaining unit employee, subject to the provisions of Article 8 of this Agreement.




 19
 ARTICLE 5

 GRIEVANCE PROCEDURE

 Section 1. Definition.

 A grievance is defined to be any matter in which an employee maintains that his or her rights

or privileges have been violated by reason of the City's interpretation or application of the provisions

of this Agreement. Such matter(s) shall be resolved exclusively in accordance with the procedure

herein provided. Both parties agree to keep the grievance procedure free of non-meritorious claims.

 Section 2. Applicability.

 This process shall apply to permanent employees in the bargaining unit. Initial probationary

employees may utilize the procedure for benefit issues only.

 Section 3. Representation.

 The Union shall be the exclusive representative of all the employees in the bargaining unit for

purposes of presenting to and discussing with the City grievances arising from their employment.

 Section 4. Union Grievances.

 Union Officers or Stewards who are members of the bargaining unit shall have the right to

initiate a grievance when any provision of this Agreement is alleged to have been violated or when

the Employer’s interpretation of the terms and provisions of this Agreement is different from the

Union’s.

 Section 5. Steward System.

 The Employer agrees to recognize stewards who have been designated by the Union to serve

in this capacity. The number of stewards, selected from among regular employees in the bargaining

unit, will not exceed three (3), subject to modification by mutual agreement of the parties. One of

the stewards in the Street Section selected by the Union shall be designated as the Chief Steward.

 20
 The Union agrees to provide the Employer a list of all stewards, designating their

assignments as a regular or alternate steward. The Employer agrees to provide a list of all

supervisors, designating the areas in which they serve. The Chief Steward is not restricted to any

area in performing assigned functions. The steward list will be maintained on a current basis.

 Stewards shall be allowed reasonable time during working hours, without loss of pay or

leave, for the purpose of investigating grievances in the unit represented by the steward. Reasonable

time for this purpose shall be interpreted to mean not more than forty five (45) minutes per week. If

there are two (2) or more grievances filed in any one (1) week period, however, the investigating

steward shall have one (1) hour to investigate them. Requests to the Deputy Public Works Director

or designee for extensions of this time limit will normally be granted. Before leaving the assigned

work area, the Steward will notify the appropriate Supervisor and advise:

 1. That the absence will involve Union business as it relates to possible grievances; and

 2. The location to which the Steward is going.

 It is understood that the work and service provided by the Employer are the primary concern

and that such requests for absences on Union business will reflect that concern. If the Supervisor

feels that the Steward cannot be excused at the requested time, the Supervisor will make

arrangements for him/her to be excused as soon as practical. On arriving at the destination, the

Steward will seek out the person in charge and advise the following:

 1. The purpose of the Steward's visit; and

 2. The name of the employee to be seen.

 The Supervisor normally will make the employee available. If that cannot be done because of

work demands, the Supervisor will arrange to make the employee available as soon as possible.

 Alternate stewards will function as stewards in the absence of the regular stewards and will

 21
observe the procedures set forth in this Section.

 The Chief Steward will observe the procedures set forth in this Article except that he or she

will be allowed one and a half (1½ ) hours per week for investigating grievances.

 An employee desiring to leave his or her assigned work area to discuss a grievance/complaint

with a steward will obtain prior permission from the immediate Supervisor. Permission will not be

unduly denied.

 Section 6. Procedure.

 The City and the Union agree to the following steps, time limits, and conditions for

presenting and adjusting grievances:

 STEP 1: A grievance must be taken to the Supervisor within fourteen (14) calendar days

following knowledge of the problem and discussed among that Supervisor, the aggrieved

employee(s), and the Union Steward. If the grievance is not settled within ten (10) calendar days

following this discussion, the grievance shall be reduced to writing on forms provided by the City

and submitted to the next step.

 STEP 2: In the event Step One does not resolve the matter, the written grievance shall be

forwarded to the Operations Manager within the above ten (10) calendar day period. The grievance

shall be signed by the employee and the Union Steward and set forth the facts of the dispute, the

relief sought, and the specific provision or provisions of the Contract alleged to have been violated.

Second step grievance discussions shall take place at a meeting with Operations Manager, grievant,

and Union Steward. Such meeting shall be scheduled and held within ten (10) calendar days of

receipt by the Operations Manager. The City shall give its written answer within seven (7) calendar

days after the close of discussion.

 STEP 3: In the event Step Two does not resolve the matter, the written grievance shall be

 22
forwarded to the Deputy Public Works Director within the ten (10) calendar day period following

receipt of the City’s answer. The grievance shall be signed by the employee and the Union Steward

and set forth the facts of the dispute, the relief sought, and the specific provision or provisions of the

Contract alleged to have been violated. Third step grievance discussions shall take place at a

meeting among the Deputy Public Works Director, the grievant, and the Union Steward. Such

meeting shall be scheduled and held within ten (10) calendar days of receipt by the Deputy Public

Works Director. The City shall give its written answer within seven (7) calendar days after the close

of discussion.

 STEP 4: Such answer shall be final unless the grievance is appealed by written notice to the

Director of Public Works within seven (7) calendar days after receipt of the City's third step answer.

Fourth Step grievance discussions shall take place at a meeting among the Director of Public Works

or designee, the Deputy Public Works Director, the grievant, and the Union representatives. Such

meeting shall be scheduled and held within ten (10) calendar days of receipt of the appeal by the

Director of Public Works. The City shall give its written answer within seven (7) calendar days after

the close of discussion.

 STEP 5: Only the Union may advance a grievance beyond Step 4. The answer of the

Director of Public Works at the Step 4 level shall be final unless the Union appeals the decision by

filing the grievance with the Human Resources Director within seven (7) calendar days after receipt

of the answer from the Director of Public Works. The City Manager or designee (limited to

Assistant City Manager, Deputy City Manager, or Human Resources Director) shall investigate and

conduct an informal hearing into the matter. The City Manager or designee shall provide a final

answer for the Union within fifteen (15) calendar days of receipt of the appeal.

 STEP 6: The answer of the City Manager or designee shall be final unless the Union appeals

 23
the grievance to arbitration by giving written notice of a desire to arbitrate to the Human Resources

Department within ten (10) calendar days after receipt of the City's fifth step answer. The union will

provide payment for one-half of the expense to obtain a roster of arbitrators within ten (10) calendar

days of the notification of the intent to arbitrate. Failure to submit payment for the roster within ten

(10) calendar days of filing a notice of intent to arbitrate will result in a withdrawal of the notice and

the matter will be considered settled on the basis of the City’s last answer.

 Section 7. Arbitration.

 If the grievance is appealed to arbitration, the parties shall first meet to agree upon an

arbitrator. This meeting shall take place within ten (10) calendar days of receipt of the notice

specified in Step Six. Failing such agreement, the parties shall jointly ask the Federal Mediation and

Conciliation Service to submit a list of five (5) arbitrators. Should the first list of arbitrators be

unacceptable, either party may request that a second list of arbitrators be provided. The party

requesting arbitration shall strike the first name and each party shall strike one name alternately until

one arbitrator is left. The arbitrator shall be notified of his/her selection and a request shall be made

that the arbitrator set a time and place for the hearing subject to the availability of City and Union

representatives. The parties shall attempt to stipulate to the issue(s) before the arbitrator. At any time

upon mutual agreement from both parties there may be an extension of any timelines within this

Article.

 Section 8. Authority of Arbitrator.

 Only one grievance may be decided by an arbitrator at any hearing unless the parties mutually

agree to waive this requirement. The arbitrator shall have no right to add to, subtract from, nullify,

ignore, or modify any of the terms of this Agreement or expand the issue(s). The arbitrator shall

consider and decide only the particular issue(s) presented in writing by the City and the Union. The

 24
arbitrator's decision shall be based solely upon his/her interpretation of the terms of the Agreement.

If the matter sought to be arbitrated does not, in the arbitrator’s judgment, involve an interpretation

of the terms or provisions of this Agreement, he/she shall so rule. The decision of the arbitrator shall

be final and binding on the City, the Union, and the employee or employees involved.

 Section 9. Arbitration Expenses.

 The expenses of the arbitrator, including fees, shall be shared equally by the City and the

Union. Each party shall be responsible for its own arbitration expenses. When an employee of the

bargaining unit is subpoenaed by either party in an arbitration case, that employee may appear

without loss of pay if he/she appears during his/her regularly scheduled hours of work.

 Section 10. Effect of Time Limits.

 The parties agree to follow each of the foregoing steps in the processing of a grievance. If, in

any step, the City's representative fails to give a written answer within the time limit specified, the

grievance shall automatically be transferred to the next step at the expiration of such time limit. Any

grievance not moved by the Union to the next step within the time limits provided following the

City's answer will be considered settled on the basis of the City's last answer. The number of days to

answer or move a grievance may be extended by mutual agreement.

 Section 11. Expedited Grievance Procedure.

 In the event of an actual or proposed termination, the Union may bypass Steps 1, 2, 3, and 4

and file the grievance directly with the Director of Human Resources, as indicated in Step 5, who

will make the final determination on behalf of the City. All arbitration procedures thereafter shall be

in accordance with the provisions of Sections 7 and 8 of this Article.




 25
 ARTICLE 6

 DISCIPLINE AND DISCHARGE

 Section 1. Policy.

 The City reserves the right to, with just cause, discharge, suspend or otherwise discipline

employees for violations of City and/or departmental rules and regulations. All disciplinary and

corrective actions shall be subject to the provisions of the grievance procedure contained in this

Agreement. The seriousness of an offense will often vary with the circumstances prevailing at the

time of the occurrence and the motives which prompted the offense. Related and mitigating factors

shall be considered when determining the appropriate action to be taken. The disciplinary process

involves four steps of progressive discipline for infractions of a similar nature and which are of a

nature not serious enough to constitute just cause for immediate suspension or discharge. The

progressive steps are:

 Caution Counseling -- Verbal discussion documented as to issue addressed, initialed by both

the supervisor and the employee, with a copy provided thereto, and placed in the employee’s

personnel file.

 Written Reprimand -- Signed by the supervisor and the employee, to acknowledge receipt

thereof, witnessed by a Union Steward, and placed in the employee’s personnel file.

 Suspension -- Notice in writing of a removal from pay status for a specified period of time,

with, at the employee’s discretion (subject to Deputy Public Works Director concurrence), an

alternative forfeiture of the equivalent amount of accrued vacation leave (provided, however, that

decisions regarding such substitutions, while deserving of an explanation, shall not themselves be

grieveable.)

 Discharge -- Notice in writing of termination of employment with the City of Topeka for an

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offense(s) or recurrence of offenses serious enough to warrant such.

 In the event an employee refuses to acknowledge receipt of a copy of any action, it shall be

noted by the Supervisor and initialed by the Union Steward. Employee assistance measures may be

utilized if deemed appropriate by Management. (See Article 2, Section 12).

 Section 2. Procedure.

 The progressive disciplinary system listed is intended to serve as warning to the employee

that he/she needs to improve in the listed area and that repeated incidents may result in suspension or

termination. The steps of progressive discipline are intended as a guideline for the application of

discipline but the City may apply any level of discipline commensurate with the seriousness of the

offense committed.

 The City shall have the right to discipline employees up to and including termination;

provided, however, that all actions to terminate employees shall require the approval of the Human

Resources Director of the City. The City may place the employee to be terminated on administrative

leave with or without pay pending the resolution of an appeal filed under the provisions of Article 5

of this Agreement.

 Offenses not normally considered serious enough to warrant immediate suspension or

termination:

 1. destruction or loss of City property;

 2. improperly using or obtaining leave time;

 3. tardiness;

 4. absence without permission or proper notice;

 5. interference with the regular conduct of City business;

 6. using City vehicles, property or equipment for personal use;

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 7. consistent or continual unavailability for work;

 8. engaging in habits that interfere with the individual's or any other employee's

 performance on the job;

 9. violations of any work rule governing a management’s right or Administrative Rule

 and Regulation which governs a mandatory subject not contained within this

 Agreement.

 The above list does not constitute a complete and total listing of offenses but is for illustrative

purposes only.

 Section 3. Grounds for Suspension or Termination.

 Compliance with Department and Section rules is necessary to a safe and efficient workplace

and to maintaining sound relationships with employees. Below is a listing of offenses (not all-

inclusive) which are of such a serious nature as to warrant immediate discharge or suspension and for

which the Employer shall have the absolute right to take such actions without prior notice. With

offenses of this nature an employee may be placed on unpaid administrative leave while an

investigation is being conducted. If the investigation lasts longer than one week (five regular work

days), the employee will be put on paid administrative leave until the investigation is concluded.

Related and mitigating factors may be considered, however, when determining the appropriate

response to misconduct. The City reserves the right to determine that any violation of rules and/or

regulations may constitute just cause for immediate suspension or termination depending on the

circumstances relating to the offense.

 Examples of offenses which may constitute sufficient and just cause for immediate

suspension or termination are as follows.

 1. Refusing to perform work assignments.

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 2. Leaving work assignment and/or City property without permission.

 3. Insubordination.

 4. Removal of any City property from City premises for the employee's personal use

and/or the disposal of any property without the written approval of the Deputy Public Works Director

or designee.

 5. Theft of property belonging to the City

 6. Knowingly falsifying information to the City or knowingly making false statements in

matters relative to employment.

 7. Dishonesty in any form or degree.

 8. Fighting, including striking a fellow employee or supervisor, or threatening a fellow

employee or supervisor with apparent intent to cause bodily harm.

 9. Soliciting or performing during duty hours work not authorized or directed by or

otherwise beneficial to the City.

 10. Performing non-City related activities during paid work time (e.g. sleeping,

performing personal activities such as artwork or online or catalog shopping).

 11. Consumption of alcohol or possession or use of illegal drugs during working hours or

the inability to perform duties because of being under the influence of either or any other violation of

the City’s Alcohol and Controlled Substance Policy.

 12. Willful and/or reckless neglect of duty.

 13. Accident or injury caused by failure to follow safety procedures or by inattentiveness

of the employee.

 14. Failure to return to work after an approved leave of absence or failure to return to the

job after any other approved departure.

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 15. The use of unreasonable and abusive language or unacceptable treatment of a client,

citizen or other individual in the community, or City employee on the City payroll.

 16. Violation of the City’s No Harassment or Discrimination Policy.

 17. Solicitation or acceptance of money or anything of value to influence decisions in

public matters or as a reward for such decisions.

 18. Possession of any type of firearm, explosive or concealed weapon without specific

authority.

 19. Possession, sale, consumption or being under the influence of any alcoholic, narcotic

or other non-prescription substance while on the work site, except to the extent governed by the City

Substance Abuse Policy.

 20. Other violations of a similar nature.

 The above list does not constitute a complete and total listing of offenses but is for illustrative

purposes only.

 The preceding list does not limit Management's right to take appropriate corrective or

disciplinary actions for just cause as necessary. Employees may request the presence of a Union

Steward at all disciplinary proceedings.

 A permanent employee, as defined in Article 3, Paragraph C, of this Agreement, may be

removed for just cause. Any employee so removed shall be given written notice of his/her dismissal

with the reason(s) therefor. Any terminated employee shall be taken off the payroll immediately.

 Section 4. Manner of Discipline.

 If the Employer has reason to discipline an employee, it shall be done if at all possible in a

manner that will not embarrass the employee in front of other employees or the public.




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 Section 5. Notification of Disciplinary Action.

 For all proposed disciplinary actions, the Employer shall notify both the Union Business

Agent, Steward, and the employee involved that a corrective measure is being contemplated and

why. With that notification, employees shall be informed of their right to Union representation if

they so choose. It is the responsibility of the employee, however, to make the representation request.

The employee may waive Union representation, but must do so in writing. If waived, the employee

and/or the Union representative shall be given the opportunity at the ensuing meeting to rebut or

clarify the reasons for such possible discipline. Such meeting shall occur within fourteen (14) days

of Management’s having knowledge of the underlying problem, unless the Chief Union Steward is

advised within that time frame that an extension is necessary and why.

 Section 6. Form and Measure of Disciplinary Action.

 In the event disciplinary action is taken against an employee, the Employer shall promptly

furnish the employee, Union Business Agent and the Union Steward, (if representation has been

requested) a clear and concise statement in writing of the disciplinary action and reasons therefor.

Once the measure of discipline is determined and imposed, the Employer shall not increase it for the

particular act of misconduct. An employee shall continue to be entitled to the presence of a Union

representative at any phase of a disciplinary action, even if previously waived. If there is no Union

representation in a disciplinary matter, no resulting penalty can be used as a precedent for the

handling of a similar incident in the future.

 Section 7. Personnel File.

 A copy of any adverse action shall be given to the employee. All records of disciplinary

actions of a nature not serious enough to warrant immediate suspension or discharge shall remain on

file and shall not be used for progressive disciplinary purposes after eighteen (18) months from the

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date of the underlying incident if there has been continuous service free from additional disciplinary

actions for violations of a similar nature. Records of disciplinary actions involving immediate

suspensions shall remain in the personnel file and may be considered along with future violations of

a similar nature for disciplinary purposes for thirty-six (36) months from the date of the underlying

incident. Disciplinary actions involving policy violations of a harassing, discriminatory, or workplace

violence nature will remain on file and may be considered along with future violations of a similar

nature for the duration of employment.




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 ARTICLE 7

 HOURS OF WORK

 Section 1. Regular Hours.

 The normal work week for full-time employees in the bargaining unit shall be forty (40)

hours in a regularly recurring period of one hundred sixty-eight (168) hours in the form of seven (7)

consecutive twenty-four (24) hour periods. The normal work day for full-time employees shall be

eight (8) hours within a twenty-four (24) hour period. The Employer agrees to meet with the Union

during the life of this contract to work alternative work schedules to include 10-hour workdays

within a 24-hour period in four (4) consecutive days (Monday – Thursday or Tuesday – Friday). All

employees shall be assigned to a regular work shift and each work shift shall have a regular starting

and quitting time.

 Section 2. Work Schedules.

 (a) General.

 Work schedules are defined as an employee's assigned hours, days of the week, days off, and

shift rotations. All work schedules showing employees’ shifts, work days, and hours shall be posted

on applicable departmental bulletin boards.

 The Employer shall provide five (5) calendar days’ written notice to the Union and the

affected employees prior to making permanent changes in work schedules. Employees will not be

sent home early for the purpose of avoiding overtime.

 Work schedules will not require employees to work split shifts or consecutive shifts, except

in emergencies as stated in Section 9.

 In the situation of a weather event or emergency, management shall have the discretion to

assign staff for a work shift outside of their normal work shift until the work for that event is

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completed. Management will notify staff as soon as practicable if they are being assigned to an

alternate work shift due to a weather event or an emergency. Employees shall be allowed sufficient

time not to exceed one (1) hour without pay to report to an emergency shift. This does not apply in

cases of extreme emergencies.

 Supervisors shall cooperate with employees required to work overtime in making

arrangements for contingencies such as daycare and shared rides.

 (b) Shift Selection.

 A general bidding for shift assignments will be held twice per year. Shift Selection will be

done by September 15 and March 15. Bid sheets will be posted for two weeks prior to Shift

Selection. A total of five (5) night shift spots will be bid. Seniority shall be utilized in selection of

the employee’s preferred shift, provided that at least one employee on the shift meets the certification

requirements set by Management. Any non bidded positions shall be filled by reverse seniority. Shift

bid assignments shall be controlling for a period of six (6) months, unless employee finds another

qualified employee for replacement. Management will provide opportunities for temporary shift

reassignments to allow for training opportunities when it will not interfere with the business

operations of the City at the sole discretion of Management. A shift vacancy caused by illness, injury,

self-downgrade, retirement or termination which is anticipated to be six (6) months or more in

duration shall be re-bid. Shift assignments will commence the first full pay period after Shift

Selection has been completed.

 Section 3. Rest & Meal Periods.

 A. Breaks/Rest Periods. All employee work schedules shall provide, where applicable,

for a fifteen (15) minute rest period during each one-half shift. The rest period shall be at the job site

or in close proximity (no more than two (2) miles away from the job site). Rest periods are intended

 34
to allow employees a brief break from work activities. When the work being done is incidental to an

emergency declared by the Public Works Director or designee, employees shall not be entitled to rest

periods until the emergency work has been completed.

 B. Meal Periods. All employees shall be granted an on-duty, paid meal period during

each work shift. Those meal periods shall be as near the middle of the shift as possible. Employees

are expected to take only a minimal amount of time for the purpose to eat a meal and only when

work allows. Such meal period shall not exceed 20 minutes. Meal periods shall be at the job site or

in close proximity (no more than two (2) miles away from the job site); however, the supervisor can

grant exceptions to this rule concerning length of time and proximity to the worksite.

 C. Overtime Breaks and Meal Periods. Employees called back or required to work

outside of normal work hours shall be given paid fifteen (15) minute rest periods after each two (2)

continuous hours of work and/or paid thirty (30) minute combination rest and meal periods after each

four (4) continuous hours of work.

 D. Meal Allowance. The City will provide either an actual meal itself or a single

allowance of fifteen dollars ($15.00) to an employee who is required to work four (4) or more

continuous hours of unscheduled overtime beyond a normal shift.

 Section 4. Post-trip Inspection/Clean-up.

 Employees shall be granted forty-five (45) minutes at the end of each shift to arrive at the

yard, clean-up equipment, fuel up, perform post-trip inspections, complete paperwork, and brief their

supervisor on work accomplished. Employees may use up to fifteen (15) minutes at the end of each

shift for personal clean-up, provided that the tasks listed above and all work for the shift are

complete and that employees remains ready to work until the end of shift. If there is a need to arrive

at the yard earlier than 45 minutes before the end of the shift, permission must be granted by

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Management.

 Section 5. Time and Place for Reporting for Work.

 Employees shall be ready to commence work or depart from their reporting stations for job

assignments at the beginning of each work schedule and work until the end of their work shift

excluding the allowed clean up time per the bargaining unit agreement. Employees are required to

use a time capture device and must clock in before the beginning of any work shift and clock out at

the end of the shift. The employee must call the designated phone number no later than one-half (1/2)

hour before the start of the shift if they will be absent or late. Employees are not authorized to leave

the work site early without Supervisor’s approval of authorization to leave prior to the end of the

shift. Each employee is responsible for ending his or her work shift at the appropriate time.

 Section 6. Reporting Time.

 Any employee who presents himself/herself for work as scheduled shall be assigned to at

least one (1) hour of work on the job for which he/she was scheduled.

 Section 7. Call/Show-up Time and Work from Home.

 A. Any employee called to work outside of his/her regularly scheduled shift shall be paid

for a minimum of three (3) hours “show-up” time or the actual number of hours worked, whichever

is greater, at his/her scheduled hourly rate. Only one show-up allowance may be paid an employee

per 24-hour period, after which compensation will be for actual hours worked.

 B. In the event an employee is called at home to perform work that may be accomplished

there, he or she shall be compensated by the payment of one (1) hour of call back pay at his/her

scheduled hourly rate for the first call received and fifteen (15) minutes, or the actual time worked,

whichever is greater, for each ensuing call during the same contiguous off-duty period ending with

the employee's next regular reporting time.

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 Section 8. Shift Differential.

 Full time employees of the Street Section shall be eligible for Shift Differential of three

dollars ($3.00) per hour as follows:

 1. Shift work starting at or after 7:00 p.m. but before 5:00 a.m. shall qualify for the

differential.

 2. As an exception to the normal requirement that shift work be regular and recurring,

those who bid on and are assigned to pre-established “night” shifts for emergency snow removal

shall also receive the differential for hours worked in that contingency capacity.

 3. If an employee volunteers for or is otherwise assigned to project work or to fill-in on a

temporary basis on shifts that would ordinarily satisfy the criteria of subsection 1 above, that

employee shall be entitled to the differential for all hours worked in that assignment.

 4. For the purposes of either standby actually worked, or overtime performed, in

conjunction with an underlying qualifying night schedule, Shift Differential, as a premium pay, shall

be added prior to calculation of one and one-half (1½) times the employee’s regular hourly rate.

 5. Payment of Shift Differential shall only be for actual hours worked and not applied to

non-duty status compensation for vacation; sick, funeral, or emergency leave; compensatory or

holiday time; and any related absence with pay.

 Section 9. Exceptions.

 When the Deputy Public Works Director or designee has determined that an emergency

exists, the Union agrees that the provisions of this Article may be temporarily suspended in order to

control the situation which has caused the emergency.

 Section 10. Standby.

 Any employee selected by Management as being on standby and specifically designated as a

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standby employee shall be compensated one hour at straight time for each of the below blocks of

time that the employee is on standby. Standby shall be scheduled for the following blocks:

 Sunday from 3:00 pm to 10:30 pm

 Monday from 3:00 pm to 10:30 pm

 Tuesday from 3:00 pm to 10:30 pm

 Wednesday from 3:00 pm to 10:30 pm

 Thursday from 3:00 pm to 10:30 pm

 Friday from 3:00 pm to 11:00 pm

 Friday from 11:00 pm to 7:00 am on Saturday

 Saturday from 7:00 am to 3:00 pm

 Saturday from 3:00 pm to 11:00 pm

 Saturday from 11:00 pm to 7:00 am on Sunday

 Sunday from 7:00 am to 3:00 pm



 On the holidays recognized and observed in Article 14, standby will also be scheduled for any

additional blocks of time when no regularly scheduled shift is on duty.

 In the event that standby causes an employee to accrue hours in excess of forty (40) in a work

week, then those hours shall be treated as overtime hours and subject to the same rules that apply in

Section 8.

 • Employees are assigned to standby on a seven-day rotational basis using a standby /call list.

 This person will be utilized for all work calls received after normal duty hours, on weekends

 and holidays.

 • Once an employee is assigned a standby assignment, it shall be the employee’s responsibility

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 to complete the work assignment. In the event an employee cannot complete the work

 assignment for personal reasons after the normal quitting time, it shall be that employee’s

 responsibility to find another standby eligible employee to complete the assignment. If an

 employee covers for a standby employee, a minimum of 24 hours must be exchanged by the

 employees. Any employee excused or deferred from standby will have the amount of time

 and pay deducted for the time they were not available to respond. The employee that filled in

 for the scheduled standby employee would receive the any overtime pay and the standby pay

 for the period they worked.

• If an employee is not able to fulfill the assigned standby due to a personal medical issue or

 work-related injury and is not able to find a replacement, management will assign the next

 person on the seniority/ call list as a replacement for the scheduled standby.

• Eligibility. Employees must be classified as Senior Maintenance Worker or have been

 deemed eligible prior to January 1, 2019, to be eligible to be on standby.




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 ARTICLE 8

 OVERTIME

 Section 1. Policy and Practice.

 A. Definition. Overtime is defined as all hours in pay status in excess of forty (40) hours

in any scheduled work week and the hours/days identified in Section 4 of this Article. Overtime

work must be approved by the Street Operations Manager.

 B. Holdover. Employee(s) with relevant skills involved in work that requires them to be

held over in order to complete the assignments will be offered that opportunity for overtime without

regard to the normal seniority list.

 C. Rate of Pay. Compensation for overtime work shall be at one and one-half (1½) times

the employee's regular rate of pay.

 D. Eligible Employees. For the purposes of this Article, only those employees in a non-

leave pay status are eligible for overtime work and need to be called, provided, however, that an

employee on approved vacation leave may ask to be retained on a particular overtime list for

emergencies only.

 Section 2. Distribution of Overtime Work.

 A. Overtime work shall be offered equally to employees who are qualified to do the

work.

 B. Snow removal shifts will be determined by seniority bid of qualified employees in

each classification for day or night shift in October of each year. Once shifts have been established,

necessary overtime due to inclement weather will utilize the day call or night call process. When

overtime begins within three (3) hours of the start of the day shift, the day shift will be called for

overtime work. When the overtime begins within three (3) hours of the start of the night shift, the

 40
night shift will be called for overtime work. The provisions of section C do not apply for holdover

and emergency snow removal situations.

 C. When an overtime assignment becomes available, except for holdover or emergency

snow removal situations, efforts will be made to contact the first qualified person at the top of the list

to offer him/her the opportunity to work. Anytime the contacted employee is available and accepts

an overtime assignment his/her name is placed at the bottom of the list. Anytime an employee is

contacted and declines an overtime assignment or does not answer, the employee’s name is placed on

the bottom of the list. Any employee who has been called out for and is still on an overtime

assignment will be required to finish that assignment before being considered for another

opportunity.

 D. After a list of eligible employees has been exhausted, the least senior employee

qualified to perform the work in question will be required to accept the overtime assignment.

 E. Supervisors shall cooperate with employees required to work overtime in making

arrangements for contingencies such as daycare or shared rides.

 Section 3. Employee's Obligation to Accept Overtime Work.

 Except for holdover and emergency snow removal situations, any employee shall have the

right to refuse the first call for overtime work on an individual overtime job, but must accept the

assignment on the second call.

 Section 4. Definition of Pay Status.

 For the purposes of this Article, the following shall be considered hours worked pursuant to

Fair Labor Standards Act (FLSA) requirements for calculation of overtime:

 1. Holiday time

 2. Vacation time

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 3. Up to 3 additional days that are provided for Perfect Attendance Incentive

 Section 5. Compensatory Time.

 Compensatory time shall be given in accordance with the provisions of the FLSA, but all

employee requests for such shall require supervisory approval. All unused, accrued compensatory

time shall be paid out on the final paycheck of September for employees of the bargaining unit hired

on or after January 1, 2016. The compensatory time payouts will be taxed separately from regular

wages. New hire initial probationary employees will not be eligible for compensatory time until they

have successfully completed their probation except for snow removal and emergency overtime. All

overtime for initial probationary employees will be paid at the applicable overtime rate.

 Section 6. Inclement Weather Declaration.

 Employees directed by management to work during the time frame of the declaration and

who do report to work shall receive Compensatory Time equal to the same number of hours that the

inclement weather declaration coincides with the employee’s scheduled hours of work for that day.

Those employees directed by management to report to work and who do not report to work will be

required to use appropriate leave to cover the entire scheduled shift.




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 ARTICLE 9

 SENIORITY

 Section 1. Definition.

 Seniority shall be defined as the total length of uninterrupted service accumulated by an

employee in each of the following categories:

 A. City Seniority - The total length of uninterrupted service following initial date of hire

with the City.

 B. Division Seniority - The total length of uninterrupted service following the date of

assignment to the specific division where the employee is currently employed.

 C. Classification Seniority - The total length of uninterrupted service following the date

of assignment to a specific job classification within a specific division of the City.

 Employees shall accrue seniority for time spent on involuntary Military Leave or leave as a

result of an on-the-job injury or as provided elsewhere in this Agreement.

 Section 2. Loss of Seniority.

 An employee's seniority accumulation shall stop if the employee:

 1. Is discharged for just cause (unless reversed and awarded back pay through the

grievance or other legal procedure).

 2. Retires.

 3. Quits or resigns. Any employee who voluntarily resigns on good terms and returns to

work in the same division within one hundred eighty (180) days shall receive credit for all City

seniority previously accrued. However, unless an employee receives direct compensation from the

City during that 180 day period, he/she shall accrue no further seniority. Divisional and

Classification seniority shall commence on the date the employee returns to work.

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 Section 3. Seniority List.

 Deputy Public Works Director or designee shall maintain an up-to-date seniority list of all

employees containing the name of each employee, date of hire, date entered the Division, and date

entered the classification.

 Every six (6) months the City shall update and post the seniority lists on the official bulletin

boards and submit a copy to the Union. The City and the Union shall be allowed thirty (30) days to

notify one another of any errors they find in the seniority lists as posted.




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 ARTICLE 10

 PROBATIONARY EMPLOYEES

 Section 1. Definition.

 Probation shall mean the period of time that supervisors assess the work of an individual in

order to determine the ability of the individual to perform the required responsibilities of the

assigned position and continue employment in the assigned position.

 Section 2. Initial Probation.

 Each employee, following initial hire, shall be subject to a minimum probationary period of

1,040 work hours. This probationary period may be extended, for just cause, by the Employer for up

to 1040 additional work hours in increments of 520 hours, if the performance demonstrated by the

employee does not conclusively illustrate reasonable ability to complete the expected duties and if

the action to extend the probationary period is taken prior to the end of the initial probationary period

of 1040 work hours. The Employer agrees to notify employees in writing of decisions to extend

initial probationary periods.

 All new employees serving in their initial probationary period with the Employer or in a

subsequent employment status interrupted by more than one hundred twenty (120) days shall be

considered probationary employees until they have completed the initial probationary period after

which their seniority shall date back to their most recent date of hire. The Employer shall be the

exclusive judge of a probationary employee's qualifications and ability and shall be the exclusive

judge in deciding whether to continue such an employee's employment. Provided, that Management,

in the interests of the efficient operation of the Division or to increase an employee's chance of

succeeding at this new position, may increase the probationary period up to an additional one

thousand forty (1040) work hours in increments of five hundred twenty (520) hours. An employee

 45
who does not successfully complete the initial probationary period may be terminated for just cause.

 Section 3. Interim Probation.

 All employees within the Bargaining Unit shall be eligible for a transfer to a job classification

in the same, lower or higher salary range as their current job classification without regard to race or

sex, provided each employee shall meet the minimum requirements of the classification, and

provided further, that such transfers or voluntary demotions or promotions within or from outside the

bargaining unit shall be on a probationary basis for one thousand forty (1040) work hours.Provided,

however, in the interests of the efficient operation of the Division or to increase an employee's

chance of succeeding at this new position, Management may extend the probationary period up to

one thousand forty (1040) additional work hours in increments of five hundred twenty (520) hours.




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 ARTICLE 11

 VACANCIES-TRANSFERS-PROMOTIONS - DEMOTIONS

 Section 1. Definitions.

 A. Vacancies: For the purposes of this Article, a vacancy is created when the

City/division increases the work force and/or chooses to fill an open position created by a

termination, resignation, or promotion.

 B. Transfers: For the purpose of this article, a transfer shall be defined as an
interdepartmental or an intradepartmental move into the Street Maintenance Section. Employees
transferring into the Street Maintenance Section will serve an interim probationary period.
 C. Promotion: For the purposes of this Article, a promotion is the advancement of an

employee to a higher classification level within the Street Section on a permanent basis.

 D. Demotion: The movement or reduction of an employee to a lower classification.

 Section 2. Posting of vacancies.

 All vacancies to be filled on a permanent basis shall be posted on Union bulletin boards for a

period of five (5) working days prior to filling the vacancy. The posting notice will contain the job

title/description, shift, and any other information as necessary. The Superintendent or designee may

elect to conduct an external recruitment for position vacancies concurrently with the internal posting.

Employees requesting to change shifts must submit request in writing to the Superintendent or

designee when the vacancy is posted. Requests for shift change will be handled on a seniority basis.

Management shall make every effort to fill jobs as expeditiously as possible and shall promptly

notify the Union of decisions not to fill jobs at the time such decisions are made. On request of the

Union, Management shall provide a statement of the status of a position if the position is not posted

within thirty (30) days of the vacancy. Vacancy announcements shall not be required where the


 47
Employer allows a transfer or demotion to avoid a layoff situation. If a vacancy is not filled within

fourteen (14) days following the posted open bidding period, it may be re-opened for bids. If the

opening is neither filled nor re-opened, Management will notify the Union of and explain the reason

for its decision.

 Section 3. Selection process.

 Division seniority and qualifications will be used in determining those employees who will

be selected to fill the vacancy. Determinations as to the qualifications shall be reasonably determined

by Management. The selection may be based on the following:

 1. Employee possesses the physical and other qualifications to perform the essential

position responsibilities with or without reasonable accommodations.

 2. Employee does not have written level or above discipline for availability for work

issues. Past discipline beyond effective time limit will not count against the employee.

 3. Employee demonstrates satisfactory performance in current position assignment;

demonstrates ability to maintain harmonious relations with coworkers and supervisors; and observes

City policies, rules and regulations.

 The vacancy will be filled by the most qualified employee. When two or more employees

possess substantially equal qualifications, selection will be based on seniority. In the event an

employee is not appointed to a vacancy for which the employee has applied, the employee may

request written reason(s) for the denial.

 Section 4. Promotion.

 Promotion within the Division will be based on successful completion of the requirements of

the classification.




 48
 Section 5. Demotion.

 Involuntary. An employee may be demoted to a lower classification by Management if he or

she is unsuccessful in completing the interim probationary period. The following are examples

giving reason for demotion, not to be taken as an absolute list of all possible justifications for

demotion:

 A. Due to continued unsatisfactory performance or their inability to satisfactorily

 complete classification requirements.




 49
 ARTICLE 12

 LAYOFF PROCEDURE

 Section 1. Layoff Determination.

 Layoffs shall be defined as a reduction of staff or the elimination of any position to insure the

efficient and economical operation of the Section as determined by the Deputy Public Works

Director, Department Head, and/or the City Manager.

 In the event a reduction in force is deemed necessary, employees shall be laid off as follows:

 1. The Deputy Public Works Director shall designate where the layoff(s) will occur. In

general, temporary employees or employees who are partially subsidized through specially-budgeted

programs shall be laid off first, followed by benefit-eligible employees on part-time schedules,

followed by benefit-eligible full-time employees.

 2. The laying off of benefit-eligible, full-time employees will occur in the inverse order

of their seniority.

 Section 2. Required Notice.

 Employees who are to be laid off shall be given formal written notice at least fifteen (15)

working days in advance of the date of the layoff. If such notice is not given, the Employer shall pay

to the individual affected one day’s salary for each day fewer than fifteen (15) that the notice was

actually provided. The Union shall be given a copy of the layoff notice.

 Section 3. Recall.

 Employees shall be recalled from layoff according to their seniority. If there is more than one

employee available to be recalled, Management shall recall the employee with the most seniority,

regardless of the number of skill levels he or she has.

 The City shall retain a list of employees who have been laid off. Those who have remained

 50
on a layoff status for more than twenty-four (24) months shall be stricken from the list and no longer

subject to recall.

 Employees on a recall list shall notify the Human Resources Director by Certified Mail

within ten (10) days of any change of address. Any employee failing to provide such a notice shall

have no recourse, legal or otherwise, against the City if a recall occurs and he/she has failed to

receive notice.

 The City agrees to advise laid off employees on a recall list of a job vacancy by mailing

notices to the employees’ last known addresses as provided in the manner set forth above.

 Any employee who receives notice of a recall and who desires to be considered for a vacancy

shall notify the Human Resources by Certified Mail -- within ten (10) calendar days of the postmark

of the City's notice -- stating the exact date the employee will be available to return to work. The

employee shall be required to be available to return to work within twenty-four (24) days of the

City's notice in order to be considered.

 Section 4. Layoff Options.

 Public Works Director or designee may recommend alternative cutback areas (to any

anticipated layoff of employees) to the City Manager. Nothing in this Agreement shall prohibit the

City Manager from entering into an arrangement with the Union to minimize the effect of general

layoffs by:

 a) Reducing the total number of working hours of employees,

 b) Reducing the level of payment to current classifications,

 c) Implementing a rotational furlough system, or

 d) Utilizing other scheduling variations which may cause minimal impact on services

rendered to the public.

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 ARTICLE 13

 SICK LEAVE

 Section 1. Accumulation.

 Employees covered by this Agreement shall accrue sick leave at a rate of 3.70 hours per pay

period for a forty-hour employee. The maximum year-end carry-over for sick leave shall be one

thousand forty (1,040) hours for a full time forty-hour employee. While bargaining unit members

may continue to accrue above that number at their normal rate during the ensuing twelve-month

period, any excess on December 31 will be zeroed out and compensated in accordance with the

provisions of Section 4 below. An employee must be performing assigned duties or on authorized

paid leave or Workers’ Compensation to be eligible to accrue sick leave.

 Section 2. Requests.

 (a) An employee shall only be allowed to utilize sick leave for approved purposes

pertaining to the provisions of acceptable sick leave use. Requests for use of sick leave shall be

made to the employee’s supervisor in accordance with established procedures. The requests may be

subject to reasonable audit, confirmation, and medical certification before or after approval.

 Sick leave shall be available as it is accrued, including during the initial probationary period,

but shall not be allowed in advance of accrual.

 (b) Non-emergency use of sick leave shall be requested at least two (2) full business days

in advance of the anticipated absence.

 (c) Emergency use of sick leave shall be requested as follows:

 (1) The employee shall notify the employee’s supervisor in accordance with

 established procedures of the employee’s unavailability for work at least thirty (30) minutes

 prior to the start of the work shift, except in extreme extenuating circumstances where

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 personal condition of health or family emergency does not permit.

 (2) The employee shall request the use of sick leave prior to leaving the work site

 in the event the employee becomes ill on the job and, if possible, complete a sick leave

 request prior to leaving the job site.

 (3) In the case of either 1 or 2 above, the employee must complete and file a sick

 leave request form with the employee’s supervisor within two full business days from the

 date the employee returns to work or the use of accumulated sick leave shall not be allowed.

 Section 3. Acceptable Use.

 A. Sick leave may be utilized in minimum one-quarter-hour increments when an

employee is unable to perform duties due to personal sickness or injury or when the illness or injury

of an employee's spouse, child, stepchild, parent, grandparent, or grandchild living with the employee

requires care-giving from the employee. Additionally, sick leave may be used for medical, dental, or

other routine diagnostic or remedial treatment of the employee or the employee's spouse, child,

stepchild, parent, grandparent or grandchild living with the employee when facilitation is necessary

by the employee. In no case, however, shall sick leave granted for such purposes exceed the actual

time necessary for examination, treatment, and travel.

 In non-emergency situations, employees shall schedule medical or dental appointments

and/or treatments at times which do not interfere with job-related duties and shall notify supervisors

as soon as the appointments are known. Sick leave may also be allowed or directed if exposure to a

contagious disease may endanger or jeopardize the attendance of other employees.

 B. Sick leave may be utilized for elective surgery. If more than three (3) days will be

necessary, however, arrangements must be made in advance with the Supervisor so that the leave

will, to the extent possible, be at a time best suited to the work situation.

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 Section 4. Year-end Reconciliation/Payment Upon Retirement.

 Employees who at the end of the year have in excess of the number of Sick Leave hours

permitted for carry-over as stipulated in Section 1 above shall have such residual hours zeroed out

and compensated at the rate of fifty percent (50%) of their respective hourly wages on December 31.

Any employee eligible to retire under the Kansas Public Employees Retirement System (KPERS) or

the Social Security System will similarly be paid for thirty-five percent (35%) of eligible accrued

sick leave up to a maximum of three hundred ninety-seven (397) hours at his or her hourly rate

immediately preceding retirement.

 Section 5. Return to Work.

 Any employee who absents himself or herself on Sick Leave for more than three consecutive

workdays may be required to provide the Human Resources Director with a report from a medical

doctor duly licensed by the State of Kansas indicating the dates the employee has been under

treatment and certifying that he or she is capable of returning to full duty. Failure to provide a

doctor's statement as required may result in a determination that the Sick Leave in question was not

supported by medical opinion, thereby leading to disciplinary action for abuse.

 Any employee who is off work as the result of a job-related injury shall, before starting back,

report to the Human Resources Department. The employee shall at that time provide to the Human

Resources Director a statement from a healthcare provider designated by the Human Resources

Director, certifying that the employee is capable of performing full regular duties.

 The Human Resources Director may also require any employee appearing to be sick or

injured on the job or coming back to work from extended Sick Leave (more than three consecutive

work days) to report a heath care provider designated by the Human Resources Director for an

independent evaluation, regardless of whether or not a note from that employee’s personal physician

 54
has been presented. The cost of such an examination shall be paid by the Employer. Any employee

refusing to be examined by the designated health care provider may be subject to a determination that

he/she is not yet cleared to return to duty.

 Section 6. Excessive Use of Sick Leave.

 Any employee who establishes a pattern that makes it appear the employee is using sick leave

improperly shall receive a written notice from the Street Operations Manager notifying him or her to

report to the Human Resources Department Thereafter, the employee may be required to report to a

health care provider designated by the City for consultation concerning the employee's duty status.

The Human Resources Director or the designated health care provider may require a doctor's

statement certifying:

 1. That the employee was treated and the date(s) of that treatment;

 2. That the illness or injury was of sufficient seriousness to prevent the employee from

being present at work;

 3. That the employee was unable to work on a specified date or dates because of the

illness or injury; and

 4. That the employee may return to work to assume his or her regular duties on a date

certain.

 Failure to comply with the above Doctor's statement requirement may result in a

determination that the Sick Leave in question was not supported by medical opinion, thereby leading

to disciplinary action for abuse.

 Section 7. Leave Requiring Medical Attention.

 An employee may remain on the job as long as his/her health permits. As provided in

Sections 3.A and 5 above, however, Management may require any employee to report to the Human

 55
Resources Department if there is reason to believe that that employee is incapable of performing

his/her duties because of illness or injury. The Human Resources Director may refer the employee to

a designated health care provider for consultation and/or examination to determine the ability of the

employee to perform his/her assigned duties.

 Section 8. Employees Receiving Workers’ Compensation Benefits.

 Any employee injured as the result of an accident arising out of and in the course of his or her

employment -- and who is receiving Workers’ Compensation benefits while he/she is Temporarily

Totally Disabled and is still employed as a regular employee of the City of Topeka -- may prorate

sick leave in an amount representing the difference between his/her normal base compensation from

the City and the amount received from Workers' Compensation. An employee who is receiving

Workers’ Compensation of any kind shall continue to accrue sick leave.

 Section 9. Incentive for Non-Use of Sick Leave.

 The purpose of this incentive is to discourage the repetitive use of sick leave by employees.

 Upon successful completion of the initial employment probationary period, for each three (3)

consecutive months of perfect attendance, employees shall earn one (1) day of personal leave or the

equivalent in pay, provided, however, that none of the months may overlap into another month

period. The employee may accumulate up to four (4) personal leave days for this purpose annually.

 Option 1: Employees may schedule use of the personal leave day with their Supervisor. Any

unused personal leave at the close of each calendar year must be taken during the period of January

1st through April 30th of the following year. An extension may be granted with the approval of

Deputy Public Work Director or designee.

 Option 2: For each personal leave day earned, the employee may elect the option of

exchanging the personal leave day for one (1) day of pay at his or her regular hourly rate of pay, but

 56
only if the employee submits a written request to receive payment within fourteen (14) days after the

personal day is earned.

 Section 10. Non-City Employment Injury and Use of Leaves.

 Any City employee injured while in the employment of an employer other than the City shall

reimburse the City for any losses sustained by the City through sick or other paid leave usage,

provided both that the employer is insured and that a Workers' Compensation settlement is

consummated between the employee and the other employer. The amount reimbursed shall not

exceed the amount in pay made by the City.

 Section 11. Effect of Inter/Intra-Departmental Transfers on Sick Leave Accrual.

 Any employee who is transferred, promoted, demoted, reassigned, or otherwise placed in a

different Department shall be entitled to retain accrued sick leave.

 Section 12. Light Duty for Injury On or Off The Job.

 An employee injured either on or off the job who is unable to perform his or her assigned

duties may be placed on light duty as determined by a healthcare provider designated by the Director

of Human Resources. Street Operations Manager shall determine whether light duty positions exist

and the duties associated with each such activity.

 Employees injured on the job shall receive preference in being placed in any available light

duty assignments. Any disputes concerning light duty positions or the right thereto shall be

submitted to the Human Resources Department for resolution. The Human Resources Director may,

with the agreement of the employee, place the employee in a light duty capacity in another

Department.




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 ARTICLE 14

 HOLIDAYS

 Section 1. Holidays Recognized and Observed.

 The following days shall be recognized and observed as paid holidays:

 1. New Year's Day -- January First

 2. Martin Luther King, Jr.'s Birthday -- Third Monday in January

 3. Memorial Day -- Last Monday in May

 4. Juneteenth – June Nineteenth

 5. Independence Day -- July Fourth

 6. Labor Day -- First Monday in September

 7. Veterans Day -- November eleventh

 8. Thanksgiving -- Fourth Thursday in November

 9. Friday after Thanksgiving

 10. Christmas Eve Day -- December twenty-fourth

 11. Christmas Day -- December twenty-fifth

 All holidays shall commence at 12:01 a.m. on the day of the designated holiday and shall end

at 12:00 midnight on the day of the designated holiday; except for street maintenance equipment

operators assigned to a regularly scheduled night shift whose holidays shall commence at 12:01 p.m.

on the day of the City designated holiday and shall end at 12:00 p.m. on the day after the City

designated holiday. Eligible employees shall receive a normal day's pay for each of the holidays

listed above on which they perform no work.

 Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall

be observed as the holiday.

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 Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall

be observed as the holiday.

 Should the City designate an alternate day other than the closest Friday or Monday, then that

will become the official holiday for the purposes of this Section. Management and the Union, on

behalf of the street maintenance equipment operators assigned to a regularly scheduled night shift,

may jointly designate an alternate holiday schedule which differs from the holiday schedule

described above, but only if the alternate holiday schedule is submitted to the Human Resources

Director before December 1 of the year preceding implementation.

 Those personnel while assigned to 4 day 10 hour shifts:

 • Eligible employees shall receive 10 hours pay for each of the holidays listed above on

which they perform no work.

 • Eligible employees that normally have Friday off and any of the holidays listed above

shall fall on Saturday or Sunday, the preceding Thursday shall be observed as the holiday.

 • If a holiday falls on a Saturday or Sunday, management shall have the discretion to

determine what day the holiday will be observe

 Section 2. Eligibility Requirements.

 Employees shall be eligible for holiday pay under the following conditions:

 a. The employee would have been scheduled to work on such day if it had not been

observed as a holiday, unless the employee is on approved vacation leave, and

 b. An employee being paid by Workers' Compensation shall receive holiday pay,

without using sick or other types of leave, in a pro-rated amount in order to equate to a full day of

pay when added to the amount of pay received from Workers' Compensation.

 If the holiday is observed on an employee's scheduled day off or during his/her vacation, the

 59
employee shall be paid for the un-worked holiday at straight time only.

 Section 3. Holiday Work.

 If an employee is required to work on any one of the eleven designated holidays, as

determined in accordance with Section 1 above, he/she will be paid double time for all hours worked

in addition to his/her normal pay for the holiday. The employee may choose compensatory time, at

the same rate, in lieu of pay. When an alternate holiday is designated in accordance with Section 1,

work on a City designated holiday will be paid at the employee’s regular rate of pay.




 60
 ARTICLE 15

 VACATION

 Section 1. Eligibility and Allowance.

 Benefit-eligible employees shall earn vacation by pay periods according to the following

chart, prorated in relation to the average number of hours worked per week, provided the employee

works at least an average of twenty (20) hours per pay period:

 Length of Service Hours Earned Per Days Earned Per Hours Earned Per
 Pay Period Year Year
 1-4 years 3.70 12 96
 5-9 years 4.62 15 120
 10-14 years 5.54 18 144
 15-19 years 6.47 21 168
 20-24 years 7.39 24 192
 25-29 years 8.31 27 216
 30 years & thereafter 9.24 30 240

 The maximum carry-over from year to year for any forty-hour employee shall be two hundred

forty (240) hours.

 Employees shall be allowed use of accrued vacation time in minimum one quarter (1/4) hour

increments.

 An employee who is receiving Workers’ Compensation of any kind shall continue to accrue

vacation leave.

 Section 2. Vacation Pay.

 Vacation pay shall be the employee's regular straight time rate in effect for his/her regular job

on the day immediately preceding the vacation period.

 Employees who request vacation while working 10 hour shifts, must use 10 hours of

vacation.


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 Employees may convert up to a maximum eighty (80) hours of accrued vacation leave

annually into the equivalent in hourly rate compensation, with requests therefore being due by

December 1. Payments will be made with the final pay period of the calendar year, but in no case

will such lump sum buy-backs be treated as hours worked for the purposes of overtime calculation.

 1. Twelve (12) full months of continuous service immediately prior to December 31 of the

 year in which vacation buyback is applied.

 2. Have Supervisor approval.

 3. A “Meets Expectations” or better performance rating on their most recent performance

 assessment and not be subject to disciplinary action at the time the vacation buyback is

 requested.

 4. Eligible to use, or be scheduled to use, at least 40 hours of vacation by December 31, of

 the year in which vacation buyback is requested/

 5. Retain a vacation balance, after the vacation buyback and vacation used during the year

 are applied, of at least 80 hours but nor more than 240 hours.

 Section 3. Choice and Selection of Vacation Period.

 (a) All employee vacation choices and selections shall be by seniority and subject to

Divisional operational needs as determined by Street Operations Manager. Vacation requests shall

be made in advance to the Street Operations Manager or designee in writing in accordance with

established procedures. Once approved, vacations shall only be canceled for just cause.

 Vacation requests will not be arbitrarily denied and will be based on operational needs.

 (b) Requests for five (5) or more consecutive work days of vacation leave shall be made

at least seven (7) full business days in advance of the requested leave except for extreme emergency

situations. The supervisor shall either approve or deny in writing the vacation request as soon as

 62
reasonably possible but no later than two (2) full business days after the day the vacation request is

made by the employee.

 (c) Requests for the use of less than five (5) consecutive work days of vacation leave

shall be made, whenever possible, at least two (2) full business days prior to the requested leave

except for extreme emergency situations. As soon as reasonably possible, but no later than one (1)

business day after the request is made by the employee, the supervisor shall either approve or deny

the vacation request made by the employee. Requests made within two (2) full business days may

and should be granted if the needs of the Department or Division so permit.

 Section 4. Holiday During Vacation Period.

 If a designated holiday, as provided in Article 14 of this Agreement, occurs during the work

week in which vacation is taken by an employee, the number of hours charged against the employee's

vacation period shall be reduced by the number of holiday hours that have occurred.

 Section 5. Vacation Right in Case of Layoff, Separation, or Retirement.

 a. Retirement. Any employee retiring without taking all of his or her earned vacation

shall be compensated for the unused hours.

 b. Separation. Any employee separated from his/her employment after satisfactorily

completing the initial probationary period shall be compensated for all unused accrued vacation.

 c. Laid-Off Employees. Any employee who is laid off after completion of his/her initial

probationary period shall be paid for any unused accrued vacation. Any employee temporarily laid

off may, at his/her option, "bank" unused accrued vacation pending a recall.




 63
 ARTICLE 16

LEAVES OF ABSENCE

 Section 1. Eligibility Requirements.

 Employees shall be eligible for leaves of absence after completing their initial probationary

periods.

 Section 2. Leave of Absence Without Pay; Obligations of Employee.

 A leave of absence without pay is a predetermined amount of time away from work requested

by the employee and approved by the Department Head or designee.

 While such a leave is permissible, approval is not obligatory. A leave of absence without

pay, except one brought about by a disciplinary action, is a privilege. As such, the best interests of

both the City and the employee shall be considered in determining whether such leave will be

granted. An approved leave of absence may later be canceled for just cause.

 When an employee is granted a leave of absence without pay, he/she may return to work at

the end of the leave to the position left. If business necessity requires the City to fill the position of

an employee on an approved leave of absence, a temporary employee may be hired.

 When granted a leave of absence without pay, the employee makes a commitment to return to

work at the end of the leave. Failure to return to work or to receive an extension of the leave from

the Department Head shall be considered a resignation.

 Section 3. Leave of Absence Without Pay; Conditions.

 A. During a leave of absence without pay, the employee:

 1. Shall not receive pay from the City;

 2. Shall not accrue any leave;

 3. Shall not pay retirement contributions nor be credited time toward retirement for any

 64
time the employee is not is pay status;

 4. Shall pay total health or other insurance falling due except as provided in Section 9

below;

 5. Shall, upon return to work, carry over sick leave accrued prior to commencement of

the leave without pay; and

 6. Shall not receive any other benefits during the absence.

 B. Requests for unpaid leaves shall be made, in writing, to the Street Operations

Manager or designee prior to the requested leave.

 C. Provisions of the Family and Medical Leave Act (FMLA) shall govern this Article

when the leave of absence qualifies for such purpose.

 Section 4. Military Leaves.

 An employee who is a member of a military reserve organization or a National Guard unit

shall be eligible for military leave benefits. A forty (40) hour employee may receive up to a

maximum of eighty (80) hours of Military Pay annually for temporary training and/or extended

military leave. An employee shall be paid only for those days he/she would normally have worked

during the time of the military assignment. Employees should notify management and the Human

Resources Department of the need for Military Leave as far in advance as possible. Written notice is

preferred, but not required under the law.

 For extended military leave, employees are encouraged to complete a Military Leave of

Absence form and meet with Human Resources personnel to review the employees pay and benefits

prior to the commencement of leave. Subject to certain exceptions under the Uniformed Services

Employment and Reemployment Rights Act (USERRA) military leave benefits are limited to five (5)

years of leave of absence.

 65
 Section 5. Funeral/Family Crisis Leave.

 A. Forty (40) hour employees shall receive three (3) working days per occurrence (not to

be deducted from any hourly accruals) for funeral leave and a maximum of three (3) working days

for family crisis leave specifically for:

 1. Making arrangements for and/or attending a funeral of an employee's spouse,

 child, stepchild, parent, stepparent, grandparent, grandchild, sibling, spouse's parent, spouse's

 sibling, son-in-law, daughter-in-law, aunt, uncle, or a family member of the immediate

 household permanently residing under the same roof.

 2. Attending to recovery (or in limited cases of advance warning, preventive)

 measures associated with a disaster such as a fire, flood, or tornado or life threatening

 emergency health problem. In addition, the City and the Union agree that the City may

 require that an employee requesting such usage supply a statement from the attending

 physician verifying that the health problem is both an emergency and life threatening.

 3. In cases requiring travel in excess of two hundred and fifty (250) miles, the

 employee may be granted up to 3 additional days off with pay at the discretion of the

 Manager.

 B. Determinations of eligibility for Funeral/Family Crisis leave use shall be made by the

Street Operations Manager and/or duly authorized supervisor, exercising reasonable discretion and

judgment consistent with personnel guidelines and the guidelines set forth in this section. Additional

time, if needed, approved, and justified, may be allowed from other leave accruals or pursuant to

leave of absence provisions.

 Section 6. Jury Duty/Court Appearances.

 An employee called to serve on jury duty or required to be a court witness, but not as a party

 66
in a civil matter or defendant in a criminal case, shall be paid an amount equal to the difference

between the wages which would have been earned on a given day and the compensation received as

a witness or juror. Alternatively, an employee may sign witness/juror fees over to the City in order

to receive regular pay.

 An employee on jury duty/court appearance leave shall return to work for the balance of a

work day if the employee is excused by the court.

 An employee shall not have deductions made from accrued leave for the purpose of this

provision, unless the employee is a party in a civil matter or defendant in a criminal case or appears

as a voluntary expert witness.

 An employee appearing in court under this provision may retain any travel, lodging, and/or

meal reimbursements.

 Section 7. Leave Agreements.

 An employee shall enter into a written leave agreement with the Deputy Public Works

Director if the leave exceeds two (2) calendar weeks (including a leave of absence to pursue Union

Business). The agreement shall specify the conditions of the leave, whether it is with or without pay,

and what the employment status, salary, and other benefits will be.

 The agreement shall be approved by the Human Resources Director prior to the

commencement of the leave. A copy of the leave agreement, excluding confidential information,

shall be provided to the Union.

 Section 8. Medical Disability Leave.

 A written request for a leave of absence with or without pay due to medical reasons must be

filed with the Human Resources Department prior to the effective date of the requested medical

leave. The request must be accompanied by a conclusive medical statement concerning the problem,

 67
the probable extent of incapacitation, and any prognosis of when the employee could resume full

responsibilities. The Human Resources Director may request an interim evaluation of the employee's

condition during such a leave.

 In the event the employee is receiving Workers’ Compensation benefits as a result of an

injury sustained in City employment -- and such incapacitation is total and temporary but not

exceeding three (3) months' duration, the City may make contributions to the employee's health

benefits upon recommendation of the Deputy Public Works Director and approval of the Human

Resources Director, provided the employee is normally eligible for such benefits.

 Physical incapacitation, including but not limited to pregnancy, miscarriage, abortion,

childbirth, or other related medical conditions and recovery therefrom, shall be considered as

temporary medical disabilities and treated as such under applicable leave provisions.

 If Management believes that an employee's health or condition may be endangered by

continuing employment or that the employee cannot perform regular and necessary duties of the job,

it shall refer the employee to the Human Resources Department. The Human Resources Director may

further refer the employee to the CHCP, who may require the employee to provide a statement of

medical condition. The employee shall return to work at the conclusion of the medical disability

leave, contingent upon a statement from the CHCP indicating that the employee is medically able to

return to work. Consistent with the provisions of Article 13, Section 12, a light duty assignment may

be an option at the discretion of the Street Operations Manager.

 An employee may use accrued sick leave on those occasions the employee is physically

unable to complete the duties of his/her employment. An employee desiring to use accrued sick

leave for a medical disability leave in excess of five (5) working days shall, if requested, provide a

medical statement from his/her physician to the Human Resources Department. Such medical

 68
statement may be reviewed by a medical advisor designated by the City -- and further information

pertaining to the specific condition may be requested from the attending physician. An employee

returning from approved medical leave shall be reinstated to the position held immediately prior to

the medical leave without loss of seniority, subject to medical clearance to perform those duties.

 Section 9. Voting Time.

 An employee who is eligible and registered to vote in a primary, general, or special election

held within the state shall, on the day of such election, be entitled to absent himself/herself from

employment with the City for a period not to exceed two (2) consecutive hours between the time of

opening and closing of the polls, provided, however, that if the polls are open before commencing

work or after terminating work but the period the polls are so open is less than two (2) consecutive

hours, the employee shall only be entitled to be absent from City employment for such period of time

which, when added to the period of time the polls are open, will not exceed two (2) hours. An

employee shall not, because of so absenting himself/herself, be subject to any penalty, nor shall

deductions be made on account of such absence from the employee's usual salary or wages.

 Management may specify the particular times during the day which employees may absent

themselves for voting, except such times shall not include the regular lunch period. The

Management may require employees to show current voter registration cards in order to be eligible

for paid time off for voting.

 Section 10. Civic Duty.

 Employees appointed to a committee of the Topeka United Way shall be granted leave with

pay to attend committee meetings during their scheduled work hours as long as staffing levels are

being met, as determined by the Street Operations Manager.

 Employees elected to any political or legislative positions who request leaves of absence for

 69
the time periods of their elected political or legislative positions shall be granted such without pay if

approved by the City Manager.

 Section 11. Union Leave.

 A. Up to five (5) members of the bargaining unit shall be allowed to attend Union

functions, such as but not limited to: Steward school, labor conventions, or organizational drives;

provided that staffing levels are not unreasonably and unduly affected as determined by

Management. Any such time off shall be without pay.

 B. A pool of forty-eight (48) regular hours with pay will be provided each contract year

for bargaining unit members to attend State and/or National Union meetings. It is agreed that time

off for State and/or National Union meetings shall be paid as straight time and will not be considered

hours worked for the computation of overtime.

 C. Up to five (5) members of the bargaining unit shall be granted paid time from duty for

attending any scheduled negotiation sessions. It is agreed that time off for Union-City joint

meetings, including reasonable travel time, shall be paid as straight time and will not be considered

hours worked for the computation of overtime.

 D. Time spent in labor/management meetings called by management and time spent

conducting steward responsibilities will be considered regular hours worked for purposes of

overtime.

 E. Union Official. Any one employee may be granted a leave of absence of up to three

(3) years, without loss of seniority, to serve as a Union official. The employee shall continue to

accrue seniority while on the leave of absence. Upon return, the employee shall return to the step the

employee would have attained if the employee had been continuously employed. The employee

must give thirty (30) days notice before the leave of absence is to begin. The thirty (30) day period of

 70
notification may be waived by mutual consent. The leave must be requested in writing. All vacation

leave shall be paid on the last pay period the employee is in pay status prior to leave of absence

commencing. The employee must give at least thirty (30) days advance notification of intent to

return to City employment to the Director of Human Resources. If the employee is returning within

three (3) years, the returning employee shall be placed in a like or similar position, if available, with

all corresponding rights of seniority. If no current City position is available and the employee is

returning within three (3) years, the employee shall be notified of the next vacancy for which they are

qualified. For Union Leaves of Absence which exceed three (3) years, there will be no rights to

seniority. The employee will be carried on a Recall List. Employees on the Recall List may refuse

two (2) jobs. After two (2) jobs are refused, the City has no obligation to notify the employee of

further vacancies and the employee may compete for other jobs within the City.




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 ARTICLE 17

 HEALTH AND SAFETY

 Section 1. Safety.

 It is the express policy of the Employer and the Union to cooperate in an effort to continue to

improve health and safety matters. The parties agree that it is in the best interests of the City, the

Union, and the Citizens that equipment should be operated properly and safely and that all safety

precautions and devices should be utilized at all times. In the furtherance of this policy, a joint

Union-Management health and safety committee may be established and meet upon request of either

party.

 Such committee shall be comprised of two (2) employees from the bargaining unit selected

by the Union and two (2) representatives of the Employer, with one of those from each side serving

as Co-Chairman. The committee shall consider health and safety matters relating to all employees

within the Division. Union participants will receive their regular rates of pay for time spent in the

meetings during their regularly scheduled hours of employment, as approved by the Deputy Public

Works Director. This committee shall have the responsibility for reporting all health and safety

problems to the Deputy Public Works Director or designee, who may initiate such actions as

necessary to get them corrected.

 Safety/Health Rules and Regulations shall be recommended by the joint committee to the

Deputy Public Works Director or designee, who shall have the right to approve, reject, or revise

them. There shall not be any rules or regulations implemented until approved by the Deputy Public

Works Director. Said rules and regulations shall cover, but not be limited to: training; personal

protection; conduct; work standards; equipment; appurtenances; and sanctions for willful disregard

or omissions.

 72
 Committee members pledge to do whatever they can to direct employees who are suspected

of abusing alcohol or drugs to professional counselors, including those in the Employee Assistance

Program (EAP). If an employee’s apparent drug or alcohol abuse persists, committee members

further pledge to inform the Director of Human Resources in a timely manner.

 Section 2. Healthcare Benefits.

 The Employer agrees to make group healthcare benefits available to all employees who are

eligible -- as set forth in the provisions of the Employer's group health care benefits plan and who

sign up for such healthcare benefits. The Employer retains the authority to define group health

insurance coverage and select the carrier to maintain a cost effective program.

 The Employer and Union agree to discuss and consider changes in coverage in continuing

efforts to contain and control escalating costs of group healthcare benefits. These discussions will

take place through the Healthcare Advisory Committee.

 The Employer and the Union have agreed to cost-sharing for healthcare benefits as set forth

within the current Joint Memorandum of Agreement between the City of Topeka, this Union and

other bargaining units recognized by the City.

 Section 3. Pension.

 The Employer agrees to operate under the Kansas Public Employees Retirement System Act

(K.S.A. 74-4901, et seq.), as may be amended from time to time.




 73
 ARTICLE 18

 WAGES

 Section 1. Pay Plan.

 A. Classification and Pay Grade. Employees shall be paid according to the following

classifications and grades:

 CLASSIFICATION GRADE
 Maintenance Worker Trainee 1
 Maintenance Worker 2
 Maintenance Worker Senior 3
 Maintenance Worker Specialist 4

 B. Matrix Adjustments. Effective the first full pay period of January 2025, there shall be

a three percent (3%) across the board adjustment to the pay matrix. Effective the first full pay period

of January 2026 and January 2027 there shall be a two percent (2%) across the board adjustment to

the pay matrix. C. Pay Matrices.




 74
Section 2. Pay Period.
Employees shall be paid on every other Friday, twenty-six times per year. However, when a

 75
payday falls on a holiday, employees may be paid according to the published payroll schedule for the

city.

 Section 3. Step Movement.

 Employees shall be rated by their Supervisors during the month of January for the previous

calendar year. If an overall satisfactory (“Meets Expectations”) rating is achieved on such an annual

performance evaluation, employees who have successfully completed their initial hire probation shall

advance one step at the beginning of the first full pay period in February for 2025, 2026 and 2027.

An employee that has not received their annual performance appraisal since his or her last hiring date

anniversary shall be deemed to have been rated at least a “Meets Expectations.” Employees hired

into the Maintenance Worker classification shall advance one step upon successful completion of

initial hire probation.

 Section 4. Classification Placement and Progression.

 A. Placement for new hires. Employees hired after January 1, 2019, will be hired as a

Maintenance Worker Trainee. Management may consider prior verifiable experience and hire a new

employee as a Maintenance Worker who shall be subject to all the provisions of Initial Probation in

Article 10.

 B. Classification progression.

 1. Maintenance Worker Trainees will advance to Maintenance Worker upon

 successful completion of probation and all classification requirements.

 2. Maintenance Workers who have met the requirements to move to the

 Maintenance Worker Senior classification will advance on the first full pay period after

 attaining the requirements set forth in the program guidelines.

 3. Maintenance Worker Specialist positions shall be filled in accordance with

 76
Article 11.

 4. Employees who promote to new classification will be placed in the new pay

grade at the same step they have attained at the time of the promotion.

C. Competency Program Incentive.

 1. Maintenance Worker. At the beginning of the pay period following

completion of a non-mandatory category in the competency training program for

Maintenance Worker Senior, Maintenance Worker employees in Steps 1-20 will receive a

one-quarter percent (.25%) adjustment to their current rate of pay and Maintenance Worker

employees in Step 21 will receive a three-quarter percent (.75%) adjustment to their current

rate of pay.

 2. Maintenance Worker Senior. At the beginning of the pay period following

completion of a non-mandatory category in the competency training program for

Maintenance Worker Specialist, the employee will receive a one-quarter percent (.25%)

adjustment to their current rate of pay and employees in Step 21 will receive a one percent

(1%) adjustment to their current rate of pay.

 3. Employees may work on and complete competencies for the next

classification level in the categories they have completed; however, adjustments will not be

made to their rate of pay unless and until the employee has advanced to next said

classification.

 4. Employees who have completed non-mandatory competency categories prior

to January 1, 2022, will have appropriate adjustments made to their rate of pay pursuant to

paragraph 1 and 2 above, effective the first full pay period of January 2022.




 77
 ARTICLE 19

 CLOSING AND SAVINGS CLAUSE

 Section 1. Closing Clause.

 The parties acknowledge that this Memorandum of Understanding (MOU) shall represent the

complete Agreement between the Employer and the Union, with the exception of Section 2 or as

otherwise indicated within this Agreement.

 The parties stipulate that during the negotiations which resulted in this Agreement, each had

the unlimited right and opportunity to make requests and proposals with respect to any subject or

matter not removed by law; further, the complete understandings and agreements arrived at by the

parties after the exercise of that right and opportunity are set forth in this Contract.

 Section 2. Savings Clause.

 Should any part of this Agreement or any provision contained herein be declared invalid by a

tribunal of competent jurisdiction, such action shall not impact the remaining portions hereof, their

continuing to remain in full force and effect. Any invalidated provision, however, shall be subject to

the meet and confer procedure.




 78
 ARTICLE 20

 TERMINATION AND AMENDMENTS

 This Agreement shall be effective for three years beginning January 1, 2025, through

December 31, 2027. It shall then be automatically renewed from year to year thereafter unless either

party shall notify the other, in writing, at least sixty (60) days prior to the expiration date that it

desires to modify the terms. In that event, negotiations shall begin not later than thirty (30) days

after the notice is given. It shall further remain in full force and effect during any period of

negotiations and until a new contract is implemented, unless notice of termination is provided.

 In the event either the City or the Union does decide to so terminate this Agreement, written

notice must be given to the other party at least sixty (60) days prior to the desired termination date,

which shall not be before the expiration date set forth in the preceding paragraph.

 At any time specific Articles within this Agreement may be re-opened with mutual consent of

the parties.




 79
DATED AND ACKNOWLEDGED THIS _____ DAY OF ______________, 2024, IN THE CITY

OF TOPEKA, KANSAS.

 CITY OF TOPEKA, KANSAS



 _________________________________________
 Robert M. Perez, Ph.D., City Manager
ATTEST:



_______________________________
Brenda Younger, City Clerk

 TEAMSTERS UNION LOCAL 696



 _________________________________________
 Michael Scribner, Business Representative




 80
 CITY OF TOPEKA CONTRACT # _______




 AGREEMENT

 between

 CITY OF TOPEKA
 and

 EMPLOYEES

 of the

CITY OF TOPEKA STREET MAINTENANCE SECTION
 TEAMSTERS UNION, LOCAL NO. 696




 JANUARY 20222025 - DECEMBER 20242027
 Table of Contents
ARTICLE 1 RECOGNITION AND UNION SECURITY ............................................................. 1
 Section 1. Preamble. .......................................................................................................... 1
 Section 2. Employee Rights. .............................................................................................. 1
 Section 3. City Ordinances................................................................................................. 1
 Section 4. Bargaining Unit. ................................................................................................ 1
 Section 5. Check-off. ......................................................................................................... 2
 Section 6. Visits by Union Representatives. ...................................................................... 3
 Section 7. Bulletin Boards. ................................................................................................ 3
 Section 8. New Employees. ............................................................................................... 4
ARTICLE 2 GENERAL PROVISIONS AND MISCELLANEOUS BENEFITS .......................... 5
 Section 1. Code of Ethics and Pledge Against Discrimination and Coercion. .................. 5
 Section 2. Work Rules. ...................................................................................................... 5
 Section 3. Policies, Rules, and Regulations not Contained in this Agreement. ................. 6
 Section 4. Uniforms. .......................................................................................................... 7
 Section 5. Protective Equipment. ....................................................................................... 7
 Section 6. Return of City Property. .................................................................................... 8
 Section 7. Night Security. .................................................................................................. 9
 Section 8. Performance Assessments. ................................................................................ 9
 Section 9. Distribution of the Memorandum of Agreement. ............................................. 9
 Section 10. Job Studies. ..................................................................................................... 9
 Section 11. Union/Management Meetings. ...................................................................... 10
 Section 12. Employee Assistance Programs. ................................................................... 10
 Section 13. Driver's License/Insurability Requirements. ................................................. 10
 Section 14. Cafeteria Benefit Plan. .................................................................................. 12
 Section 15. Deferred Compensation. ............................................................................... 12
 Section 16. Employee Development. ............................................................................... 12
 Section 17. Mileage Reimbursement. .............................................................................. 14
 Section 18. Employee Wellness Development Program.................................................. 14
 Section 19. Benefits Committee. ..................................................................................... 14
 Section 20. Personal Day. ................................................................................................ 14
 Section 21. Residency. ..................................................................................................... 15
 Section 22. City Issued Cell Phones. ............................................................................... 15
 Section 23. CDL Medical Examinations. ........................................................................ 15
ARTICLE 3 DEFINITIONS ......................................................................................................... 18
ARTICLE 4 MANAGEMENT RIGHTS...................................................................................... 20
ARTICLE 5 GRIEVANCE PROCEDURE .................................................................................. 22
 Section 1. Definition. ....................................................................................................... 22
 Section 2. Applicability.................................................................................................... 22
 Section 3. Representation................................................................................................. 22
 Section 4. Union Grievances............................................................................................ 22
 Section 5. Steward System. .............................................................................................. 22
 Section 6. Procedure. ....................................................................................................... 24
 Section 7. Arbitration. ...................................................................................................... 26
 Section 8. Authority of Arbitrator. ................................................................................... 26
 Section 9. Arbitration Expenses. ...................................................................................... 27
 Section 10. Effect of Time Limits. ................................................................................... 27
 i
 Section 11. Expedited Grievance Procedure. ................................................................... 27
ARTICLE 6 DISCIPLINE AND DISCHARGE ....................................................................... 2928
 Section 1. Policy. ......................................................................................................... 2928
 Section 2. Procedure. ................................................................................................... 3029
 Section 3. Grounds for Suspension or Termination. .................................................... 3130
 Section 4. Manner of Discipline. ................................................................................. 3332
 Section 5. Notification of Disciplinary Action. ........................................................... 3433
 Section 6. Form and Measure of Disciplinary Action.................................................. 3433
 Section 7. Personnel File.............................................................................................. 3433
ARTICLE 7 HOURS OF WORK ............................................................................................. 3635
 Section 1. Regular Hours. ............................................................................................ 3635
 Section 2. Work Schedules. ......................................................................................... 3635
 Section 3. Rest & Meal Periods. ...................................................................................... 36
 Section 4. Post-trip Inspection/Clean-up. .................................................................... 3837
 Section 5. Time and Place for Reporting for Work. .................................................... 3937
 Section 6. Reporting Time. .......................................................................................... 3937
 Section 7. Call/Show-up Time and Work from Home. ............................................... 3937
 Section 8. Shift Differential. ........................................................................................ 4038
 Section 9. Exceptions. .................................................................................................. 4039
 Section 10. Standby...................................................................................................... 4039
ARTICLE 8 OVERTIME ......................................................................................................... 4341
 Section 1. Policy and Practice. ..................................................................................... 4341
 Section 2. Distribution of Overtime Work. .................................................................. 4341
 Section 3. Employee's Obligation to Accept Overtime Work...................................... 4442
 Section 4. Definition of Pay Status. ............................................................................. 4442
 Section 5. Compensatory Time. ................................................................................... 4543
 Section 6. Inclement Weather Declaration................................................................... 4543
ARTICLE 9 SENIORITY ......................................................................................................... 4644
 Section 1. Definition. ................................................................................................... 4644
 Section 2. Loss of Seniority. ........................................................................................ 4644
 Section 3. Seniority List. .............................................................................................. 4745
ARTICLE 10 PROBATIONARY EMPLOYEES .................................................................... 4846
 Section 1. Definition. ................................................................................................... 4846
 Section 2. Initial Probation. ......................................................................................... 4846
 Section 3. Interim Probation. ....................................................................................... 4947
ARTICLE 11 VACANCIES-TRANSFERS-PROMOTIONS - DEMOTIONS ....................... 5048
 Section 1. Definitions................................................................................................... 5048
 Section 2. Posting of vacancies. ................................................................................... 5048
 Section 3. Selection process. ........................................................................................ 5149
 Section 4. Promotion.................................................................................................... 5149
 Section 5. Demotion..................................................................................................... 5250
ARTICLE 12 LAYOFF PROCEDURE.................................................................................... 5351
 Section 1. Layoff Determination. ................................................................................. 5351
 Section 2. Required Notice. ......................................................................................... 5351
 Section 3. Recall. ......................................................................................................... 5351
 Section 4. Layoff Options. ........................................................................................... 5452
ARTICLE 13 SICK LEAVE ..................................................................................................... 5553

 ii
 Section 1. Accumulation. ............................................................................................. 5553
 Section 2. Requests. ..................................................................................................... 5553
 Section 3. Acceptable Use. .......................................................................................... 5654
 Section 4. Year-end Reconciliation/Payment Upon Retirement. ................................. 5755
 Section 5. Return to Work. .......................................................................................... 5755
 Section 6. Excessive Use of Sick Leave. ..................................................................... 5856
 Section 7. Leave Requiring Medical Attention. ........................................................... 5956
 Section 8. Employees Receiving Workers’ Compensation Benefits. .......................... 5957
 Section 9. Incentive for Non-Use of Sick Leave. ......................................................... 5957
 Section 10. Non-City Employment Injury and Use of Leaves. .................................... 6058
 Section 11. Effect of Inter/Intra-Departmental Transfers on Sick Leave Accrual. ...... 6058
 Section 12. Light Duty for Injury On or Off The Job. ................................................. 6058
ARTICLE 14 HOLIDAYS........................................................................................................ 6259
 Section 1. Holidays Recognized and Observed. .......................................................... 6259
 Section 2. Eligibility Requirements. ............................................................................ 6360
 Section 3. Holiday Work. ............................................................................................. 6461
ARTICLE 15 VACATION ....................................................................................................... 6562
 Section 1. Eligibility and Allowance. .......................................................................... 6562
 Section 2. Vacation Pay. .............................................................................................. 6562
 Section 3. Choice and Selection of Vacation Period. .................................................. 6663
 Section 4. Holiday During Vacation Period. ................................................................ 6664
 Section 5. Vacation Right in Case of Layoff, Separation, or Retirement. ................... 6764
ARTICLE 16 LEAVES OF ABSENCE ................................................................................... 6865
 Section 1. Eligibility Requirements. ............................................................................ 6865
 Section 2. Leave of Absence Without Pay; Obligations of Employee. ........................ 6865
 Section 3. Leave of Absence Without Pay; Conditions. .............................................. 6865
 Section 4. Military Leaves ........................................................................................... 6966
 Section 5. Funeral/Family Crisis Leave. ...................................................................... 7067
 Section 6. Jury Duty/Court Appearances. .................................................................... 7067
 Section 7. Leave Agreements. ...................................................................................... 7168
 Section 8. Medical Disability Leave. ........................................................................... 7168
 Section 9. Voting Time. ............................................................................................... 7370
 Section 10. Civic Duty. ................................................................................................ 7370
 Section 11. Union Leave. ............................................................................................. 7471
ARTICLE 17 HEALTH AND SAFETY .................................................................................. 7673
 Section 1. Safety. ......................................................................................................... 7673
 Section 2. Healthcare Benefits. .................................................................................... 7774
 Section 3. Pension. ....................................................................................................... 7774
ARTICLE 18 WAGES.............................................................................................................. 7875
 Section 1. Pay Plan....................................................................................................... 7875
 Section 2. Pay Period. .................................................................................................. 8276
 Section 3. Step Movement. .......................................................................................... 8277
 Section 4. Classification Placement and Progression. ................................................. 8277
ARTICLE 19 CLOSING AND SAVINGS CLAUSE .............................................................. 8579
 Section 1. Closing Clause. ........................................................................................... 8579
 Section 2. Savings Clause. ........................................................................................... 8579
ARTICLE 20 TERMINATION AND AMENDMENTS ......................................................... 8680

 iii
 ARTICLE 1

 RECOGNITION AND UNION SECURITY

 Section 1. Preamble.

 This Agreement is by and between the City of Topeka, Kansas, hereinafter referred to as the

“City,” the “Employer,” or “Management” and the City of Topeka Street Section of the International

Brotherhood of Teamsters, Local No. 696, hereinafter referred to as “Teamsters” or “Union.”

 Section 2. Employee Rights.

 Public employees shall have the right to form, join, and participate in the activities of

employee organizations of their own choosing, for the purpose of meeting and conferring with public

employers or their designated representatives with respect to grievances and conditions of

employment. In accordance with existing state laws, public employees shall also have the right to

refuse to join or participate in the activities of employee organizations.

 Section 3. City Ordinances.

 The parties agree that all ordinances now in force which are not in conflict with any provision

of this Agreement shall apply to members of the bargaining unit. Any ordinances hereafter enacted

may also be applied to employees of the bargaining unit covered by this Agreement, provided that

both parties consent to such application.

 Section 4. Bargaining Unit.

 The Employer recognizes the Union as the exclusive agent for employees in the collective

bargaining unit. As defined in the State of Kansas Public Employee Relations Board Case No. 75-

UCA-2-2000, that unit shall consist of employees in the Street Maintenance Section holding part-

time and full-time permanent and probationary positions as Maintenance Worker Trainee,

Maintenance Worker, Maintenance Worker Senior and Maintenance Worker Specialist.

 1
 The City agrees to advise the Union in advance of any changes in or additions to the above

classifications and to meet and confer with the Union before the institution of any change to the

terms and conditions of employment of the employees covered by the provisions of this Agreement.

 Section 5. Check-off.

 The Employer agrees to deduct the Union membership initiation fee assessments, dues,

and/or representation fees once each month on the first pay day from the wages of those employees

who personally request in writing such deductions be made. The written authorization for the above

deductions shall be received in the Human Resources Department at least thirty (30) days prior to the

day that said deductions are to be made. The amounts to be deducted shall be certified to the

Employer by the official Treasurer of the Union. The aggregate deductions of all employees shall be

remitted together with a computer printout to the official Treasurer of the Union by the end of the

succeeding month after such deductions are made by the Department of Financial Services. The

computer printout shall consist of a listing of every employee for which current Union deductions are

withheld.

 To partially offset the administrative costs associated with the check-off service, the

Employer is authorized to charge and receive reimbursement from the Union in the amount of $.10

per bargaining unit member per deduction and $.60 for the processing of any change. For the

purpose of administering this provision, “change” shall mean in the amount of a deduction or in the

addition or removal of someone from the check-off computer printout. Although monthly

itemizations shall accompany such regular printout, the annual total of check-off administrative fees

for the prior calendar year shall be billed to the Union Treasurer each January.

 The Union will notify the Director of Financial Services in writing whenever any employee

has elected to rescind his or her authorized deduction for Union membership. Such a withdrawal of

 2
authorization shall become effective with the first full pay period following the date of receipt of

the notice.

 All withholding and benefit deductions shall be made before the Union check-off is taken

from the employee's wages. In the event no wages are left in any pay period to meet the Union

check-off, the City is not obligated to process the deduction. Neither is it responsible for keeping

track of or retroactively deducting check-offs when the employee's pay becomes sufficient to cover

them. No Union check-off shall be made if an employee is on unpaid leave.

 Section 6. Visits by Union Representatives.

 Non-employee Union representatives will be permitted to come on the premises of the

Employer for the purpose of investigating grievances, discussing alleged violations of the

Memorandum of Agreement, and fulfilling their exclusive representative obligations to members of

the bargaining unit, provided they report to the Street Operations Manager and give the following

information: (a) The name of the employee to be visited and (b) the approximate time needed for

and purpose of the visit.

 The Street Operations Manager will determine whether the employee's duties are such that

the employee can be made available at the time to talk to the Union representative. If the Street

Operations Manager determines that the employee's duties are such that he/she cannot be released at

that time, the Union representative will be told when the employee will be available.

 Section 7. Bulletin Boards.

 The official bulletin boards provided for posting notices to employees in the Division and/or

Section may be made available to appropriate Union officials for the purpose of posting notices of

Union meetings, results of elections, and Union activities. Such notices shall be dated and on Union

stationery. The Union agrees to furnish a copy of any such notice to the Street Operations Manager

 3
prior to its posting.

 Section 8. New Employees.

 The City will introduce new bargaining unit employees to a Union Steward on the job.




 4
 ARTICLE 2

 GENERAL PROVISIONS AND MISCELLANEOUS BENEFITS

 Section 1. Code of Ethics and Pledge Against Discrimination and Coercion.

 The Union hereby commits itself and all bargaining unit members to abide by the provisions

of the City of Topeka Code of Ethics as adopted by the City Council on March 27, 2007, as may be

amended, and made applicable to all elected and appointed officials and employees.

 The provisions of this Agreement shall be applied equally to all employees without

discrimination as to age, familial status, race, religion, gender, color, creed, sexual orientation,

national origin or ancestry, political affiliation, or disability that does not affect job performance.

The Union shall share equally with the Employer the responsibility for applying this provision of the

Agreement.

 All references to employees in this Agreement designate both sexes, and wherever just the

male gender is used it shall be construed to include male and female employees.

 The Employer agrees not to interfere with the right of employees to become members of the

Union. There shall be no discrimination, interference, restraint, or coercion by the Employer or any

Employer representative against any employee of the Union membership.

 There shall be no coercion exercised upon any employee in an attempt to persuade them to

join the Union. Likewise, there shall be no discrimination, interference, threats or restraint exercised

upon any non-union employee. The Union recognizes its responsibility as bargaining agent and

agrees to represent all employees within the bargaining unit, without discrimination, interference,

restraint, or coercion, whether or not they belong to the Union.

 Section 2. Work Rules.

 It is understood that work rules and/or regulations will not be inconsistent with the provisions

 5
of this Agreement. Work rules and/or regulations will be reasonable and uniformly applied in like

circumstances.

 Existing work rules and regulations pertaining to the performance of work and the conduct of

employees shall be available in the Street Section for review by employees. One copy of the rules

and regulations shall be made available to the Union. When existing work rules are changed or new

rules established, they shall be posted prominently on the Street Section bulletin board for a period of

seven (7) consecutive calendar days before implementation. In the event the Union does not agree to

a proposed new or changed rule or regulation which would materially affect a condition of

employment, it shall not take effect until the parties have met to discuss the issue. Such a meeting

shall take place within fifteen (15) days of receipt by the City of the Union’s written objection to the

proposal.

 During an emergency as declared by the Public Works Director or his/her designee, existing

work rules may be temporarily suspended.

 Section 3. Policies, Rules, and Regulations not Contained in this Agreement.

 The parties agree that all City policies and programs, as well as the administrative rules and

regulations implementing them, now in force or hereafter enacted in accordance with the Topeka

City Code and Personnel Code and not in conflict with any provision of this Agreement, shall apply

to all employees covered by this Agreement. The City will provide written notice of proposed new

policies, programs, and rules or regulations, or material changes to existing policies, programs, and

rules or regulations, to the Union prior to presentation for public comment. In the event the Union

does not agree to a proposed policy, program, rule, or regulation which would materially affect a

condition of employment, it will not apply to employees covered by this Agreement. Any additional

benefits and/or rights granted to all City employees by any such policy or program or the

 6
administrative rules and regulations implementing it, however, will also be applied to employees

covered by this Agreement.

 Section 4. Uniforms.

 If employees are required to wear a uniform as a condition of employment, such uniforms

shall be furnished to the employee by the Employer. The Employer agrees to provide employees of

the Street Section with the following uniform items in the quantities listed:

 High Visibility T-shirts (7)

 Jeans or bib overalls (7)

 Denim work shirts (7)

 Heavy Coat with hood (1)

 Insulated bib overalls (1)

 Hooded High Visibility Sweatshirt Jacket (1)

 High Visibility Work cap/hat (baseball style) (1)

 High Visibility Work cap/hat (stocking) (1)

 High Visibility Work cap/hat (safari or wide brim) (1)

 Additional or replacement uniforms shall be subject to a "repair or replace" program

administered by the Employer. In the event of lost clothing or damage due to carelessness, the

employee shall pay for the replacement. Employees are expected to exercise diligence in the care of

uniforms. Laundry services will be provided for all clothing (jeans, work shirts, etc.) supplied by the

contracted rental company. It is the employee’s responsibility to launder and maintain their high

visibility t-shirts and sweatshirts.

 Section 5. Protective Equipment.

 Employees are required to wear Personal Protective Equipment (PPE) which include protective

 7
clothing and safety-toe work boots and other certain protective equipment as a condition of employment.

Such Personal Protective Equipment (PPE) protective clothing or protective equipment shall be furnished

to the employee by the Employer. Employees are required to wear safety-toe work boots of at least six

inches (6”) in height. Employees may wear rubber boots for specific applications (such as when working

with concrete) with the approval of Management. The City will pay up to one hundred seventy-five

dollars ($175.00) toward the purchase of authorized footwear including toward the purchase of an

employee’s first pair and any Management authorized replacement pairs. Additional or replacement work

boots shall be subject to a “repair or replace” program administered by the Employer.

 The Employer agrees to provide safety glasses to all employees who are required to wear them.

The Employer agrees to pay up to a total of one hundred fifty dollars ($150.00) annually toward the

purchase or repair of such prescription safety glasses. The Employer agrees to provide respirator masks

that are resistant to oil particulates for employees that work with the mastic machine.

 The requirement for any type of protective clothing or equipment shall be determined by the

Employer. In the event of loss or damage due to carelessness, the employee shall pay for the replacement.

Employees are expected to exercise diligence in the care of protective clothing or equipment. Assigned

Personal Protective Equipment (vests, hats, etc.) shall be stored on-site in the employee’s assigned locker.

 Section 6. Return of City Property.

 Employees shall return any property belonging to the City upon separation. Such property

shall include, but not be limited to, the following:

 A. Uniforms furnished to the employee by the City;

 B. Any tools, equipment, and/or materials belonging to the City;

 C. ID Badges, cell phones, keys, etc., that could be used to gain access to City property

and all copies made thereof; and

 D. Protective devices or clothing furnished by the City.

 8
 Upon termination of employment, the employee agrees to return all City property. The

employee also agrees to return all uniform items when uniforms are updated or replaced. Failure to

return all City property will result in the cost of such property being deducted from the employee’s

final check provided the deduction does not reduce wages below the minimum wage. When the

value of unreturned City property exceeds $250.00 and such value has not been deducted from the

final check, the City may pursue civil remedies to recover such property or its value.

 Section 7. Night Security.

 The Employer will regularly check on all employees working by themselves to assure their

health and safety.

 Section 8. Performance Assessments.

 All employees shall be given copies of their annual job evaluations immediately after signing.

No changes shall be made on evaluations after copies have been provided. All employees shall be

entitled to fair and impartial evaluations. Accidents shall not cause an employee to be rated

downward in the event the accident is found to be no fault of the employee.

 Section 9. Distribution of the Memorandum of Agreement.

 Unless advised differently by the Union prior to printing, the Employer will make available to

the Union one copy of this Agreement for each employee in the bargaining unit within one week

after receiving the reproduced copies. If the City provides a copy for each bargaining unit employee,

the printing cost shall be shared equally between the Union and the City. Stewards will be

authorized to distribute copies of the Memorandum of Agreement to employees.

 Section 10. Job Studies.

 Union requests for job reclassification studies shall be considered on an individual, case-by-

case basis. If the Human Resources Director and/or the Public Works Director determine that a job

 9
study is warranted, the study shall be conducted by the Human Resources Department. As a result of

the study, the Director of Human Resources shall make a recommendation to the City Manager, who

shall make the final determination whether any reclassifications are approved.

 Section 11. Union/Management Meetings.

 At the request of either the Union or the Employer, meetings shall be held for the purpose of

considering matters of mutual interest other than grievances, provided that mutually acceptable

arrangements as to time and place can be made. Employees designated as representatives of the

Union, not to exceed four (4), shall not suffer a loss of time or pay when absent from their assigned

work schedules for the purpose of attending said meetings.

 Section 12. Employee Assistance Programs.

 The City and Union agree to cooperate in encouraging employees who are in need of

counseling and/or assistance in such areas as alcoholism, drug abuse, financial and/or legal

difficulties, family problems, and similar areas to undergo programs directed to their rehabilitation.

An employee may be required to seek appropriate remedial counseling if, in the determination of the

Street Operations Manager, the employee's personal behavior and/or activity is interfering with job

performance. Referrals for assistance may be arranged confidentially through either the Human

Resources Department, the Deputy Public Works Director or designee or the Union.

 Section 13. Driver's License/Insurability Requirements.

 A. All bargaining unit members who are required to obtain or maintain a valid Commercial

Driver’s License (CDL) will be provided up to two (2) hours of on-duty time to take the initial CDL

test or to renew an existing license.

 B. The Employer agrees to reimburse employees for the cost of required endorsements, as

determined by Management, pursuant to State requirements for a CDL. The City shall reimburse

 10
employees for the first attempts to acquire or renew their CDLs, but all fees associated with

subsequent attempts will be the responsibility of the employee.

 C. Employees shall notify their supervisors in the event their personal driver’s licenses or

CDLs are suspended, revoked, or otherwise confiscated or when they are charged with any driving

infraction. Such notification shall be made to the supervisor prior to the start of the next scheduled

work period. Under no circumstances shall a Street Section employee whose driver’s or CDL license

has been suspended, revoked, or otherwise confiscated operate a City vehicle prior to supervisory

notification of the restrictive action. Failure to report the license encumbrance or the operation of a

City vehicle prior to supervisory notification thereof shall be grounds for immediate disciplinary

action up to and including termination from City employment.

 D. An employee who suffers the loss of his or her license for a period of ninety (90) calendar

days or less or becomes uninsurable under the City’s current policy coverage shall be assigned to

non-driving duties for a period of thirty (30) calendar days. Thereafter, an employee will be assigned

to non-driving duties for which the employee is qualified for an additional sixty (60) calendar days,

but will be paid at the rate for the position into which he or she is assigned. Employees may use

accrued vacation, personal leave, or compensatory time during this sixty (60) calendar day period. If

an employee’s license is reinstated or he or she becomes insurable during this overall ninety (90)

calendar day period, the employee shall be reinstated to his or her former position.

 E. Unless there exists a non-driving position to which he or she can continue to be assigned

without any special accommodation, an employee who suffers the loss of his or her license or

remains uninsurable under the City’s current policy coverage for a period of time greater than ninety

(90) calendar days shall be removed from his or her position with the Street Section but kept on the

City rolls with continued benefits at the minimum salary level necessary to cover the deductions

 11
therefor in an otherwise non-duty, non-pay status for an additional ninety (90) calendar days while

competing for positions which have no license and/or insurability requirements. Employees may use

accrued vacation, personal leave, or compensatory time during this ninety (90) calendar day period,

however, to continue receiving full pay.

 Section 14. Cafeteria Benefit Plan.

 All benefit-eligible bargaining unit members may participate in the Cafeteria Benefit Plan,

established and recognized as a qualified Internal Revenue Service Section 125 Plan. Bargaining

unit members shall have the same benefits, rights, and obligations as all other City employees who

are members of this plan, as well as be subject to any changes in the plan that would affect those

other employees.

 Section 15. Deferred Compensation.

 All benefit-eligible employees may participate in the Deferred Compensation Plan as defined

by the City of Topeka.

 Section 16. Employee Development.

 The purpose of the City's employee development program is to promote improved

productivity in City services.

 A. Only full-time, benefit-eligible employees may be reimbursed for tuition expenses for

academic or technical courses pursued through recognized accredited educational institutions.

 B. The course must directly relate to the employee's current job duties or be an outside-

 the-major electives required for a degree or certificate in a field to which the

 employee would have a reasonable expectation of being promoted while employed at

 the Street Section.

 C. Up to one thousand dollars ($1000.00) annually may be authorized and reimbursed

 12
for eligible employees.

 D. An employee must complete the request for tuition reimbursement form as provided

by the Human Resources Department and have the concurrence and signatures of Management as

required on the form before the employee can be reimbursed. The approved request form must be

received by the Human Resources Department within one month after the beginning date of the

course which the employee desires to attend. Evidence of completion with a passing grade of "C"

(70th percentile) or above and proof of payment for the course must be received by the Human

Resources Department within two months after the ending date of the semester/session/quarter in

which it was taken in order for the employee to receive reimbursement.

 E. The City will not reimburse employees for non-credit special interest courses

completed by examination only; continuing education courses; late fees; lab fees; extracurricular

fees; textbooks; or other course-related materials and tuition covered by other sources such as

government assistance to a veteran (GI Bill), grants, scholarships, and similar programs.

 F. An employee attending a course pursuant to these guidelines during working hours

may arrange with his/her supervisor to utilize compensatory time, vacation time or time without pay

as scheduling/staffing allows as determined by Management for the time utilized to attend the

course(s).

 G. The Deputy Public Works Director or designee shall make every effort to budget for

 and approve reimbursement for academic courses for employees. The Deputy Public

 Works Director or designee shall approve courses on a first-come, first served basis

 in a non-discriminatory manner. Approval will be subject to budgetary constraints.

 H. American Concrete Institute (ACI) certification or recertification will be paid by

 employer.

 13
 Section 17. Mileage Reimbursement.

 Reimbursement to an employee for the use of his or her private vehicle for City business shall

be conditioned upon approval by the Deputy Public Works Director or designee prior to such use.

Requests for approval after the use shall only be honored in extraordinary circumstances where pre-

authorization was not feasible -- and in any event at the total discretion of the Deputy Public Works

Director or designee. Approved reimbursement shall be at the rate established by the City.

 Section 18. Employee Wellness Development Program.

 To encourage policies and practices that enable employees to achieve optimal physical and

mental health, the City shall offer a physical fitness facility to bargaining unit employees. All those

wishing to participate in a physical fitness program must apply through the City Wellness Center

prior to the start of a class. This program may be subject to budgetary restrictions.

 Section 19. Benefits Committee.

 The Union shall be entitled to select one (1) employee from the bargaining unit as a

representative on any City Employees Benefits Committee. Such representative shall receive his/her

regular rate of pay for the time spent in meetings during regularly scheduled hours of employment,

not to exceed two (2) hours per month. The Deputy Public Works Director or designee may,

however, authorize additional time on a case-by-case basis upon written request from the employee

representative.

 Section 20. Personal Day.

 All bargaining unit employees shall, upon successful completion of their initial employment

probationary periods (minimum 6 months, maximum 9 months), be granted one (1) discretionary

personal day off with pay per calendar year. Employees must schedule such personal days off with

their Supervisor. This personal day cannot be carried over from one (1) calendar year to the next

 14
except due to extenuating circumstances as approved by the Supervisor. However, in all instances

the Personal Day must be used by June 30th of the next calendar year or be lost.

 a) Personnel, while working five day - 8 hour shifts will be granted 8 hours for their

 personal day.

 b) Personnel, while working four day – 10 hour shifts will be granted 10 hours for

 their personal day.

 Section 21. Residency.

 Employees hired after December 31, 1981 must either be bona fide residents of Shawnee

County at the time of appointment or establish such residency within six (6) months of completion of

their initial employment probations. Residency shall also be maintained within the limits of

Shawnee County for the duration of City employment. The City Manager may grant one extension,

not to exceed six (6) months, for the establishment of residency for good cause shown. All

bargaining unit members shall be subject to the residency requirements as set forth in Ordinance

20370 passed on September 6, 2022 and any amendments to or repeal of the current code.

 Section 22. City Issued Cell Phones.

 In the event an employee is provided with a cell phone, the restrictions on and rates per

minute for personal use will be commensurate with City policy.

 Section 23. CDL Medical Examinations.

 Those employees whose job responsibilities require a Commercial Driver’s License will be

required to complete a Department of Transportation (DOT) Medical Examination every two years

or as prescribed by a certified DOT medical examiner. DOT medical examinations will be at the

expense of the City and completed by a DOT approved medical examiner designated by the City.

Employees will be reimbursed up to $250 for out-of-pocket medical expenses related to the DOT

 15
medical examination.

 (a) If the healthcare provider informs the Human Resources Department that the

 employee is temporarily (for a period of 90 days or less) unable to perform the essential job

 function of CDL job functions, the following options shall be available:

 (1) The employee may request a leave of absence utilizing accrued leave;

 or

 (2) The Human Resources Department in consultation with the

 Department Head may determine a temporary light duty assignment for which the

 employee can perform.

 (b) If in the judgement of the City’s health care provider, an employee will not,

 within the foreseeable future, be able to perform the essential job function of CDL duties, the

 Human Resources Department will work with the employee and the department to explore

 options which include:

 (1) Demote, or transfer to another positon within the department for

 which the employee meets the minimum position requirements and can perform all of

 the essential job functions of that position;

 (2) Demote, or transfer to another positon in another department for

 which the employee meets the minimum position requirements and can perform all of

 the essential job functions of that position;

 (3) Alternatively, the employee may elect to retire, if eligible or seek

 medical long-term disability;

 (4) If no other positon is available or the employee is not eligible for

 retirement or disability, the Human Resources Director may seek termination.

 16
 (c) An employee who fails the required physical exam may, at their own expense

and on their own time, obtain a DOT physical from their own DOT certified medical

examiner; however, the City’s occupational healthcare provider must authorize the findings

before the employee is cleared to perform CDL job functions.




 17
 ARTICLE 3

 DEFINITIONS

 The following terms, when used in this Agreement, shall have the meaning ascribed to them

unless the context clearly indicates otherwise:

 A. Full-time Employee is one who works 40 hours per week on a regular and continuing

basis.

 B. Part-time Employee is one who works less than 40 hours per week on a regular and

continuing basis.

 C. Regular Employee is a benefit-eligible, full- or part-time employee who has

satisfactorily completed a probationary period as stated in Article 10, Section 2.

 D. Temporary Employee is one who works on an irregular or non-permanent basis.

 E. Overtime shall mean work approved by the Management in excess of 40 hours per

week in pay status.

 F. Classifications shall be defined as the categories into which employees are grouped

and which are specified in Section 4 of Article 1 of this Agreement.

 G. Permanent Employee is a benefit eligible, full-time or part-time employee, if they

have satisfactorily completed a probationary period.

 H. Probation shall mean that period of time that supervisors assess the work of an

individual in order to determine the ability of the individual to perform the required responsibilities

of the assigned position and continue employment in the assigned position.

 I. Probation Initial Hire shall apply to all newly hired employees and shall constitute a

period of time not less than 1040 work hours which may be extended in accordance with Article 10.

 J. Probation Interim shall apply to all newly promoted, transferred and/or voluntarily

 18
demoted employees and shall constitute a period of time not less than 1040 work hours which may

be extended in accordance with Article 10.

 K. Emergency is defined as an unexpected occurrence requiring immediate action or

attention such as a utility failure in the roadway, local disaster, a weather event, snow emergency, or

other public disaster that may cause the need for the clearing of streets and alleys.

 L. Weather Event is a weather occurrence such as snow, sleet, strong damaging winds,

tornado, flooding, etc. that may cause the need to close or clear roadways, bridges, and overpasses.

 M. Personal Protective Equipment (PPE) is protective clothing, equipment, gear or other

device required to be worn by the employee to provide protection. Such equipment and devices are

ANSI certified. Equipment are considered to be but not limited to safety vests, hats, safety-toe work

boots, etc.

 N. Business Day is any weekday (Monday through Friday) when City of Topeka offices

are open for business.




 19
 ARTICLE 4

 MANAGEMENT RIGHTS

 Except where limited by express provisions elsewhere in this Agreement, nothing in this

Agreement shall be construed to restrict, limit, or impair the rights, powers, and authority of the

Employer as granted to it under the laws of the State of Kansas and the Municipal Code. The rights,

powers, and authority include, but are not limited to, the following:

 a) Direct the work of its employees;

 b) Hire, promote, demote, transfer, assign, recall, and retain employees in positions

within the Section or Division;

 c) Discipline, suspend, demote, or discharge employees for just cause;

 d) Maintain the effectiveness, productivity, and efficiency of governmental operation;

 e) Relieve employees from duties because of lack of work or for other legitimate

reasons;

 f) Take actions as may be necessary to carry out the mission of the City in emergencies

as declared by Management; and

 g) Determine the methods, means, and personnel by which operations are to be carried

on.

 The provisions of this Article shall not, however, be used for the purpose of undermining the

Union.

 The work performed by supervisory/Management personnel in responding to various

urgent/emergency situations during their on-call duty period is not to be used by Management as a

means of laying off bargaining unit personnel or refusing to fill a bargaining unit position vacated by

termination, retirement, or other forms of attrition. The parties agree that, if Management is aware

 20
that there is a need for overtime work (other than the types of work routinely performed by on-call

Management personnel during their on-call duty periods), then the work shall be performed by a

bargaining unit employee, subject to the provisions of Article 8 of this Agreement. The parties also

agree that work that will result in a continuation of a regular work schedule shall be performed by a

bargaining unit employee, subject to the provisions of Article 8 of this Agreement.




 21
 ARTICLE 5

 GRIEVANCE PROCEDURE

 Section 1. Definition.

 A grievance is defined to be any matter in which an employee maintains that his or her rights

or privileges have been violated by reason of the City's interpretation or application of the provisions

of this Agreement. Such matter(s) shall be resolved exclusively in accordance with the procedure

herein provided. Both parties agree to keep the grievance procedure free of non-meritorious claims.

 Section 2. Applicability.

 This process shall apply to permanent employees in the bargaining unit. Initial probationary

employees may utilize the procedure for benefit issues only.

 Section 3. Representation.

 The Union shall be the exclusive representative of all the employees in the bargaining unit for

purposes of presenting to and discussing with the City grievances arising from their employment.

 Section 4. Union Grievances.

 Union Officers or Stewards who are members of the bargaining unit shall have the right to

initiate a grievance when any provision of this Agreement is alleged to have been violated or when

the Employer’s interpretation of the terms and provisions of this Agreement is different from the

Union’s.

 Section 5. Steward System.

 The Employer agrees to recognize stewards who have been designated by the Union to serve

in this capacity. The number of stewards, selected from among regular employees in the bargaining

unit, will not exceed three (3), subject to modification by mutual agreement of the parties. One of

the stewards in the Street Section selected by the Union shall be designated as the Chief Steward.

 22
 The Union agrees to provide the Employer a list of all stewards, designating their

assignments as a regular or alternate steward. The Employer agrees to provide a list of all

supervisors, designating the areas in which they serve. The Chief Steward is not restricted to any

area in performing assigned functions. The steward list will be maintained on a current basis.

 Stewards shall be allowed reasonable time during working hours, without loss of pay or

leave, for the purpose of investigating grievances in the unit represented by the steward. Reasonable

time for this purpose shall be interpreted to mean not more than forty five (45) minutes per week. If

there are two (2) or more grievances filed in any one (1) week period, however, the investigating

steward shall have one (1) hour to investigate them. Requests to the Deputy Public Works Director

or designee for extensions of this time limit will normally be granted. Before leaving the assigned

work area, the Steward will notify the appropriate Supervisor and advise:

 1. That the absence will involve Union business as it relates to possible grievances; and

 2. The location to which the Steward is going.

 It is understood that the work and service provided by the Employer are the primary concern

and that such requests for absences on Union business will reflect that concern. If the Supervisor

feels that the Steward cannot be excused at the requested time, the Supervisor will make

arrangements for him/her to be excused as soon as practical. On arriving at the destination, the

Steward will seek out the person in charge and advise the following:

 1. The purpose of the Steward's visit; and

 2. The name of the employee to be seen.

 The Supervisor normally will make the employee available. If that cannot be done because of

work demands, the Supervisor will arrange to make the employee available as soon as possible.

 Alternate stewards will function as stewards in the absence of the regular stewards and will

 23
observe the procedures set forth in this Section.

 The Chief Steward will observe the procedures set forth in this Article except that he or she

will be allowed one and a half (1½ ) hours per week for investigating grievances.

 An employee desiring to leave his or her assigned work area to discuss a grievance/complaint

with a steward will obtain prior permission from the immediate Supervisor. Permission will not be

unduly denied.

 Section 6. Procedure.

 The City and the Union agree to the following steps, time limits, and conditions for

presenting and adjusting grievances:

 STEP 1: A grievance must be taken to the Supervisor within fourteen (14) calendar days

following knowledge of the problem and discussed among that Supervisor, the aggrieved

employee(s), and the Union Steward. If the grievance is not settled within ten (10) calendar days

following this discussion, the grievance shall be reduced to writing on forms provided by the City

and submitted to the next step.

 STEP 2: In the event Step One does not resolve the matter, the written grievance shall be

forwarded to the Operations Manager within the above ten (10) calendar day period. The grievance

shall be signed by the employee and the Union Steward and set forth the facts of the dispute, the

relief sought, and the specific provision or provisions of the Contract alleged to have been violated.

Second step grievance discussions shall take place at a meeting with Operations Manager, grievant,

and Union Steward. Such meeting shall be scheduled and held within ten (10) calendar days of

receipt by the Operations Manager. The City shall give its written answer within seven (7) calendar

days after the close of discussion.

 STEP 3: In the event Step Two does not resolve the matter, the written grievance shall be

 24
forwarded to the Deputy Public Works Director within the ten (10) calendar day period following

receipt of the City’s answer. The grievance shall be signed by the employee and the Union Steward

and set forth the facts of the dispute, the relief sought, and the specific provision or provisions of the

Contract alleged to have been violated. Third step grievance discussions shall take place at a

meeting among the Deputy Public Works Director, the grievant, and the Union Steward. Such

meeting shall be scheduled and held within ten (10) calendar days of receipt by the Deputy Public

Works Director. The City shall give its written answer within seven (7) calendar days after the close

of discussion.

 STEP 4: Such answer shall be final unless the grievance is appealed by written notice to the

Director of Public Works within seven (7) calendar days after receipt of the City's third step answer.

Fourth Step grievance discussions shall take place at a meeting among the Director of Public Works

or designee, the Deputy Public Works Director, the grievant, and the Union representatives. Such

meeting shall be scheduled and held within ten (10) calendar days of receipt of the appeal by the

Director of Public Works. The City shall give its written answer within seven (7) calendar days after

the close of discussion.

 STEP 5: Only the Union may advance a grievance beyond Step 4. The answer of the

Director of Public Works at the Step 4 level shall be final unless the Union appeals the decision to by

filing the grievance with the Human Resources Director within seven (7) calendar days after receipt

of the answer from the Director of Public Works. The Human Resources DirectorCity Manager or

designee (limited to Assistant City Manager, Deputy City Manager, or Human Resources Director)

shall investigate and conduct an informal hearing into the matter. The Human Resources

DirectorCity Manager or designee shall provide a final answer for the Union within fifteen (15)

calendar days of receipt of the appeal.

 25
 STEP 6: The answer of the Human Resources DirectorCity Manager or designee shall be

final unless the Union appeals the grievance to arbitration by giving written notice of a desire to

arbitrate to the Human Resources Department within ten (10) calendar days after receipt of the City's

fifth step answer. The union will provide payment for one-half of the expense to obtain a roster of

arbitrators within ten (10) calendar days of the notification of the intent to arbitrate. Failure to submit

payment for the roster within ten (10) calendar days of filing a notice of intent to arbitrate will result

in a withdrawal of the notice and the matter will be considered settled on the basis of the City’s last

answer.

 Section 7. Arbitration.

 If the grievance is appealed to arbitration, the parties shall first meet to agree upon an

arbitrator. This meeting shall take place within ten (10) calendar days of receipt of the notice

specified in Step Six. Failing such agreement, the parties shall jointly ask the Federal Mediation and

Conciliation Service to submit a list of five (5) arbitrators. Should the first list of arbitrators be

unacceptable, either party may request that a second list of arbitrators be provided. The party

requesting arbitration shall strike the first name and each party shall strike one name alternately until

one arbitrator is left. The arbitrator shall be notified of his/her selection and a request shall be made

that the arbitrator set a time and place for the hearing subject to the availability of City and Union

representatives. The parties shall attempt to stipulate to the issue(s) before the arbitrator. At any time

upon mutual agreement from both parties there may be an extension of any timelines within this

Article.

 Section 8. Authority of Arbitrator.

 Only one grievance may be decided by an arbitrator at any hearing unless the parties mutually

agree to waive this requirement. The arbitrator shall have no right to add to, subtract from, nullify,

 26
ignore, or modify any of the terms of this Agreement or expand the issue(s). The arbitrator shall

consider and decide only the particular issue(s) presented in writing by the City and the Union. The

arbitrator's decision shall be based solely upon his/her interpretation of the terms of the Agreement.

If the matter sought to be arbitrated does not, in the arbitrator’s judgment, involve an interpretation

of the terms or provisions of this Agreement, he/she shall so rule. The decision of the arbitrator shall

be final and binding on the City, the Union, and the employee or employees involved.

 Section 9. Arbitration Expenses.

 The expenses of the arbitrator, including fees, shall be shared equally by the City and the

Union. Each party shall be responsible for its own arbitration expenses. When an employee of the

bargaining unit is subpoenaed by either party in an arbitration case, that employee may appear

without loss of pay if he/she appears during his/her regularly scheduled hours of work.

 Section 10. Effect of Time Limits.

 The parties agree to follow each of the foregoing steps in the processing of a grievance. If, in

any step, the City's representative fails to give a written answer within the time limit specified, the

grievance shall automatically be transferred to the next step at the expiration of such time limit. Any

grievance not moved by the Union to the next step within the time limits provided following the

City's answer will be considered settled on the basis of the City's last answer. The number of days to

answer or move a grievance may be extended by mutual agreement.

 Section 11. Expedited Grievance Procedure.

 In the event of an actual or proposed termination, the Union may bypass Steps 1, 2, 3, and 4

and file the grievance directly with the Director of Human Resources, as indicated in Step 5, who

will make the final determination on behalf of the City. All arbitration procedures thereafter shall be

in accordance with the provisions of Sections 7 and 8 of this Article.

 27
28
 ARTICLE 6

 DISCIPLINE AND DISCHARGE

 Section 1. Policy.

 The City reserves the right to, with just cause, discharge, suspend or otherwise discipline

employees for violations of City and/or departmental rules and regulations. All disciplinary and

corrective actions shall be subject to the provisions of the grievance procedure contained in this

Agreement. The seriousness of an offense will often vary with the circumstances prevailing at the

time of the occurrence and the motives which prompted the offense. Related and mitigating factors

shall be considered when determining the appropriate action to be taken. The disciplinary process

involves four steps of progressive discipline for infractions of a similar nature and which are of a

nature not serious enough to constitute just cause for immediate suspension or discharge. The

progressive steps are:

 Caution Counseling -- Verbal discussion documented as to issue addressed, initialed by both

the supervisor and the employee, with a copy provided thereto, and placed in the employee’s

personnel file.

 Written Reprimand -- Signed by the supervisor and the employee, to acknowledge receipt

thereof, witnessed by a Union Steward, and placed in the employee’s personnel file.

 Suspension -- Notice in writing of a removal from pay status for a specified period of time,

with, at the employee’s discretion (subject to Deputy Public Works Director concurrence), an

alternative forfeiture of the equivalent amount of accrued vacation leave (provided, however, that

decisions regarding such substitutions, while deserving of an explanation, shall not themselves be

grieveable.)

 Discharge -- Notice in writing of termination of employment with the City of Topeka for an

 29
offense(s) or recurrence of offenses serious enough to warrant such.

 In the event an employee refuses to acknowledge receipt of a copy of any action, it shall be

noted by the Supervisor and initialed by the Union Steward. Employee assistance measures may be

utilized if deemed appropriate by Management. (See Article 2, Section 12).

 Section 2. Procedure.

 The progressive disciplinary system listed is intended to serve as warning to the employee

that he/she needs to improve in the listed area and that repeated incidents may result in suspension or

termination. The steps of progressive discipline are intended as a guideline for the application of

discipline but the City may apply any level of discipline commensurate with the seriousness of the

offense committed.

 The City shall have the right to discipline employees up to and including termination;

provided, however, that all actions to terminate employees shall require the approval of the Human

Resources Director of the City. The City may place the employee to be terminated on administrative

leave with or without pay pending the resolution of an appeal filed under the provisions of Article 5

of this Agreement.

 Offenses not normally considered serious enough to warrant immediate suspension or

termination:

 1. destruction or loss of City property;

 2. improperly using or obtaining leave time;

 3. tardiness;

 4. absence without permission or proper notice;

 5. interference with the regular conduct of City business;

 6. using City vehicles, property or equipment for personal use;

 30
 7. consistent or continual unavailability for work;

 8. engaging in habits that interfere with the individual's or any other employee's

 performance on the job;

 9. violations of any work rule governing a management’s right or Administrative Rule

 and Regulation which governs a mandatory subject not contained within this

 Agreement.

 The above list does not constitute a complete and total listing of offenses but is for illustrative

purposes only.

 Section 3. Grounds for Suspension or Termination.

 Compliance with Department and Section rules is necessary to a safe and efficient workplace

and to maintaining sound relationships with employees. Below is a listing of offenses (not all-

inclusive) which are of such a serious nature as to warrant immediate discharge or suspension and for

which the Employer shall have the absolute right to take such actions without prior notice. With

offenses of this nature an employee may be placed on unpaid administrative leave while an

investigation is being conducted. If the investigation lasts longer than one week (five regular work

days), the employee will be put on paid administrative leave until the investigation is concluded.

Related and mitigating factors may be considered, however, when determining the appropriate

response to misconduct. The City reserves the right to determine that any violation of rules and/or

regulations may constitute just cause for immediate suspension or termination depending on the

circumstances relating to the offense.

 Examples of offenses which may constitute sufficient and just cause for immediate

suspension or termination are as follows.

 1. Refusing to perform work assignments.

 31
 2. Leaving work assignment and/or City property without permission.

 3. Insubordination.

 4. Removal of any City property from City premises for the employee's personal use

and/or the disposal of any property without the written approval of the Deputy Public Works Director

or designee.

 5. Theft of property belonging to the City

 6. Knowingly falsifying information to the City or knowingly making false statements in

matters relative to employment.

 7. Dishonesty in any form or degree.

 8. Fighting, including striking a fellow employee or supervisor, or threatening a fellow

employee or supervisor with apparent intent to cause bodily harm.

 9. Soliciting or performing during duty hours work not authorized or directed by or

otherwise beneficial to the City.

 10. Performing non-City related activities during paid work time (e.g. sleeping,

performing personal activities such as artwork or online or catalog shopping).

 11. Consumption of alcohol or possession or use of illegal drugs during working hours or

the inability to perform duties because of being under the influence of either or any other violation of

the City’s Alcohol and Controlled Substance Policy.

 12. Willful and/or reckless neglect of duty.

 13. Accident or injury caused by failure to follow safety procedures or by inattentiveness

of the employee.

 14. Failure to return to work after an approved leave of absence or failure to return to the

job after any other approved departure.

 32
 15. The use of unreasonable and abusive language or unacceptable treatment of a client,

citizen or other individual in the community, or City employee on the City payroll.

 16. Violation of the City’s No Harassment or Discrimination Policy.

 17. Solicitation or acceptance of money or anything of value to influence decisions in

public matters or as a reward for such decisions.

 18. Possession of any type of firearm, explosive or concealed weapon without specific

authority.

 19. Possession, sale, consumption or being under the influence of any alcoholic, narcotic

or other non-prescription substance while on the work site, except to the extent governed by the City

Substance Abuse Policy.

 20. Other violations of a similar nature.

 The above list does not constitute a complete and total listing of offenses but is for illustrative

purposes only.

 The preceding list does not limit Management's right to take appropriate corrective or

disciplinary actions for just cause as necessary. Employees may request the presence of a Union

Steward at all disciplinary proceedings.

 A permanent employee, as defined in Article 3, Paragraph C, of this Agreement, may be

removed for just cause. Any employee so removed shall be given written notice of his/her dismissal

with the reason(s) therefor. Any terminated employee shall be taken off the payroll immediately.

 Section 4. Manner of Discipline.

 If the Employer has reason to discipline an employee, it shall be done if at all possible in a

manner that will not embarrass the employee in front of other employees or the public.




 33
 Section 5. Notification of Disciplinary Action.

 For all proposed disciplinary actions, the Employer shall notify both the Union Business

Agent, Steward, and the employee involved that a corrective measure is being contemplated and

why. With that notification, employees shall be informed of their right to Union representation if

they so choose. It is the responsibility of the employee, however, to make the representation request.

The employee may waive Union representation, but must do so in writing. If waived, the employee

and/or the Union representative shall be given the opportunity at the ensuing meeting to rebut or

clarify the reasons for such possible discipline. Such meeting shall occur within fourteen (14) days

of Management’s having knowledge of the underlying problem, unless the Chief Union Steward is

advised within that time frame that an extension is necessary and why.

 Section 6. Form and Measure of Disciplinary Action.

 In the event disciplinary action is taken against an employee, the Employer shall promptly

furnish the employee, Union Business Agent and the Union Steward, (if representation has been

requested) a clear and concise statement in writing of the disciplinary action and reasons therefor.

Once the measure of discipline is determined and imposed, the Employer shall not increase it for the

particular act of misconduct. An employee shall continue to be entitled to the presence of a Union

representative at any phase of a disciplinary action, even if previously waived. If there is no Union

representation in a disciplinary matter, no resulting penalty can be used as a precedent for the

handling of a similar incident in the future.

 Section 7. Personnel File.

 A copy of any adverse action shall be given to the employee. All records of disciplinary

actions of a nature not serious enough to warrant immediate suspension or discharge shall remain on

file and shall not be used for progressive disciplinary purposes after eighteen (18) months from the

 34
date of the underlying incident if there has been continuous service free from additional disciplinary

actions for violations of a similar nature. Records of disciplinary actions involving immediate

suspensions shall remain in the personnel file and may be considered along with future violations of

a similar nature for disciplinary purposes for thirty-six (36) months from the date of the underlying

incident. Disciplinary actions involving policy violations of a harassing, discriminatory, or workplace

violence nature will remain on file and may be considered along with future violations of a similar

nature for the duration of employment.




 35
 ARTICLE 7

 HOURS OF WORK

 Section 1. Regular Hours.

 The normal work week for full-time employees in the bargaining unit shall be forty (40)

hours in a regularly recurring period of one hundred sixty-eight (168) hours in the form of seven (7)

consecutive twenty-four (24) hour periods. The normal work day for full-time employees shall be

eight (8) hours within a twenty-four (24) hour period. The Employer agrees to meet with the Union

during the life of this contract to work alternative work schedules to include 10-hour workdays

within a 24-hour period in four (4) consecutive days (Monday – Thursday or Tuesday – Friday). All

employees shall be assigned to a regular work shift and each work shift shall have a regular starting

and quitting time.

 Section 2. Work Schedules.

 (a) General.

 Work schedules are defined as an employee's assigned hours, days of the week, days off, and

shift rotations. All work schedules showing employees’ shifts, work days, and hours shall be posted

on applicable departmental bulletin boards.

 The Employer shall provide five (5) calendar days’ written notice to the Union and the

affected employees prior to making permanent changes in work schedules. Employees will not be

sent home early for the purpose of avoiding overtime.

 Work schedules will not require employees to work split shifts or consecutive shifts, except

in emergencies as stated in Section 9.

 In the situation of a weather event or emergency, management shall have the discretion to

assign staff for a work shift outside of their normal work shift until the work for that event is

 36
completed. Management will notify staff as soon as practicable if they are being assigned to an

alternate work shift due to a weather event or an emergency. Employees shall be allowed sufficient

time not to exceed one (1) hour without pay to report to an emergency shift. This does not apply in

cases of extreme emergencies.

 Supervisors shall cooperate with employees required to work overtime in making

arrangements for contingencies such as daycare and shared rides.

 (b) Shift Selection.

 A general bidding for shift assignments will be held twice per year. Shift Selection will be

done by September 15 and March 15. Bid sheets will be posted for two weeks prior to Shift

Selection. A total of five (5) night shift spots will be bid. Seniority shall be utilized in selection of

the employee’s preferred shift, provided that at least one employee on the shift meets the certification

requirements set by Management. Any non bidded positions shall be filled by reverse seniority. Shift

bid assignments shall be controlling for a period of six (6) months, unless employee finds another

qualified employee for replacement. Management will provide opportunities for temporary shift

reassignments to allow for training opportunities when it will not interfere with the business

operations of the City at the sole discretion of Management. A shift vacancy caused by illness, injury,

self-downgrade, retirement or termination which is anticipated to be six (6) months or more in

duration shall be re-bid. Shift assignments will commence the first full pay period after Shift

Selection has been completed.

 Section 3. Rest & Meal Periods.

 A. Breaks/Rest Periods. All employee work schedules shall provide, where applicable,

for a fifteen (15) minute rest period during each one-half shift. The rest period shall be at the job site

or in close proximity (no more than two (2) miles away from the job site). Rest periods are intended

 37
to allow employees a brief break from work activities. When the work being done is incidental to an

emergency declared by the Public Works Director or designee, employees shall not be entitled to rest

periods until the emergency work has been completed.

 B. Meal Periods. All employees shall be granted an on-duty, paid meal period during

each work shift. Those meal periods shall be as near the middle of the shift as possible. Employees

are expected to take only a minimal amount of time for the purpose to eat a meal and only when

work allows. Such meal period shall not exceed 20 minutes. Meal periods shall be at the job site or

in close proximity (no more than two (2) miles away from the job site); however, the supervisor can

grant exceptions to this rule concerning length of time and proximity to the worksite.

 C. Overtime Breaks and Meal Periods. Employees called back or required to work

outside of normal work hours shall be given paid fifteen (15) minute rest periods after each two (2)

continuous hours of work and/or paid thirty (30) minute combination rest and meal periods after each

four (4) continuous hours of work.

 D. Meal Allowance. The City will provide either an actual meal itself or a single

allowance of tenfifteen dollars ($10.0015.00) to an employee who is required to work four (4) or

more continuous hours of unscheduled overtime beyond a normal shift.

 Section 4. Post-trip Inspection/Clean-up.

 Employees shall be granted forty-five (45) minutes at the end of each shift to arrive at the

yard, clean-up equipment, fuel up, perform post-trip inspections, complete paperwork, and brief their

supervisor on work accomplished. Employees may use up to fifteen (15) minutes at the end of each

shift for personal clean-up, provided that the tasks listed above and all work for the shift are

complete and that employees remains ready to work until the end of shift. If there is a need to arrive

at the yard earlier than 45 minutes before the end of the shift, permission must be granted by

 38
Management.

 Section 5. Time and Place for Reporting for Work.

 Employees shall be ready to commence work or depart from their reporting stations for job

assignments at the beginning of each work schedule and work until the end of their work shift

excluding the allowed clean up time per the bargaining unit agreement. Employees are required to

use a time capture device and must clock in before the beginning of any work shift and clock out at

the end of the shift. The employee must call the designated phone number no later than one-half (1/2)

hour before the start of the shift if they will be absent or late. Employees are not authorized to leave

the work site early without Supervisor’s approval of authorization to leave prior to the end of the

shift. Each employee is responsible for ending his or her work shift at the appropriate time.

 Section 6. Reporting Time.

 Any employee who presents himself/herself for work as scheduled shall be assigned to at

least one (1) hour of work on the job for which he/she was scheduled.

 Section 7. Call/Show-up Time and Work from Home.

 A. Any employee called to work outside of his/her regularly scheduled shift shall be paid

for a minimum of three (3) hours “show-up” time or the actual number of hours worked, whichever

is greater, at his/her scheduled hourly rate. Only one show-up allowance may be paid an employee

per 24-hour period, after which compensation will be for actual hours worked.

 B. In the event an employee is called at home to perform work that may be accomplished

there, he or she shall be compensated by the payment of one (1) hour of call back pay at his/her

scheduled hourly rate for the first call received and fifteen (15) minutes, or the actual time worked,

whichever is greater, for each ensuing call during the same contiguous off-duty period ending with

the employee's next regular reporting time.

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 Section 8. Shift Differential.

 Full time employees of the Street Section shall be eligible for Shift Differential of three

dollars ($3.00) per hour as follows:

 1. Shift work starting at or after 7:00 p.m. but before 5:00 a.m. shall qualify for the

differential.

 2. As an exception to the normal requirement that shift work be regular and recurring,

those who bid on and are assigned to pre-established “night” shifts for emergency snow removal

shall also receive the differential for hours worked in that contingency capacity.

 3. If an employee volunteers for or is otherwise assigned to project work or to fill-in on a

temporary basis on shifts that would ordinarily satisfy the criteria of subsection 1 above, that

employee shall be entitled to the differential for all hours worked in that assignment.

 4. For the purposes of either standby actually worked, or overtime performed, in

conjunction with an underlying qualifying night schedule, Shift Differential, as a premium pay, shall

be added prior to calculation of one and one-half (1½) times the employee’s regular hourly rate.

 5. Payment of Shift Differential shall only be for actual hours worked and not applied to

non-duty status compensation for vacation; sick, funeral, or emergency leave; compensatory or

holiday time; and any related absence with pay.

 Section 9. Exceptions.

 When the Deputy Public Works Director or designee has determined that an emergency

exists, the Union agrees that the provisions of this Article may be temporarily suspended in order to

control the situation which has caused the emergency.

 Section 10. Standby.

 Any employee selected by Management as being on standby and specifically designated as a

 40
standby employee shall be compensated one hour at straight time for each consecutive eight-hour of

the below blocks of time that the employee is on standby. Standby shall be scheduled for the

following blocks:

 Sunday from 3:00 pm to 10:30 pm

 Monday from 3:00 pm to 10:30 pm

 Tuesday from 3:00 pm to 10:30 pm

 Wednesday from 3:00 pm to 10:30 pm

 Thursday from 3:00 pm to 10:30 pm

 Friday from 3:00 pm to 11:00 pm

 Friday from 11:00 pm to 7:00 am on Saturday

 Saturday from 7:00 am to 3:00 pm

 Saturday from 3:00 pm to 11:00 pm

 Saturday from 11:00 pm to 7:00 am on Sunday

 Sunday from 7:00 am to 3:00 pm

 The eight-hour blocks of time shall commence at the end of the employee’s scheduled

workday and shall run consecutively thereafter.

 On the holidays recognized and observed in Article 14, standby will also be scheduled for any

additional blocks of time when no regularly scheduled shift is on duty.

 In the event that standby causes an employee to accrue hours in excess of forty (40) in a work

week, then those hours shall be treated as overtime hours and subject to the same rules that apply in

Section 8.

 • Employees are assigned to standby on a seven-day rotational basis using a standby /call list.

 This person will be utilized for all work calls received after normal duty hours, on weekends

 41
 and holidays.

• Once an employee is assigned a standby assignment, it shall be the employee’s responsibility

 to complete the work assignment. In the event an employee cannot complete the work

 assignment for personal reasons after the normal quitting time, it shall be that employee’s

 responsibility to find another standby eligible employee to complete the assignment. If an

 employee covers for a standby employee, a minimum of 24 hours must be exchanged by the

 employees. Any employee excused or deferred from standby will have the amount of time

 and pay deducted for the time they were not available to respond. The employee that filled in

 for the scheduled standby employee would receive the any overtime pay and the standby pay

 for the period they worked.

• If an employee is not able to fulfill the assigned standby due to a personal medical issue or

 work-related injury and is not able to find a replacement, management will assign the next

 person on the seniority/ call list as a replacement for the scheduled standby.

• Eligibility. Employees must be classified as Senior Maintenance Worker or have been

 deemed eligible prior to January 1, 2019, to be eligible to be on standby.




 42
 ARTICLE 8

 OVERTIME

 Section 1. Policy and Practice.

 A. Definition. Overtime is defined as all hours in pay status in excess of forty (40) hours

in any scheduled work week and the hours/days identified in Section 4 of this Article. Overtime

work must be approved by the Street Operations Manager.

 B. Holdover. Employee(s) with relevant skills involved in work that requires them to be

held over in order to complete the assignments will be offered that opportunity for overtime without

regard to the normal seniority list.

 C. Rate of Pay. Compensation for overtime work shall be at one and one-half (1½) times

the employee's regular rate of pay.

 D. Eligible Employees. For the purposes of this Article, only those employees in a non-

leave pay status are eligible for overtime work and need to be called, provided, however, that an

employee on approved vacation leave may ask to be retained on a particular overtime list for

emergencies only.

 Section 2. Distribution of Overtime Work.

 A. Overtime work shall be offered equally to employees who are qualified to do the

work.

 B. Snow removal shifts will be determined by seniority bid of qualified employees in

each classification for day or night shift in October of each year. Once shifts have been established,

necessary overtime due to inclement weather will utilize the day call or night call process. When

overtime begins within three (3) hours of the start of the day shift, the day shift will be called for

overtime work. When the overtime begins within three (3) hours of the start of the night shift, the

 43
night shift will be called for overtime work. The provisions of section C do not apply for holdover

and emergency snow removal situations.

 C. When an overtime assignment becomes available, except for holdover or emergency

snow removal situations, efforts will be made to contact the first qualified person at the top of the list

to offer him/her the opportunity to work. Anytime the contacted employee is available and accepts

an overtime assignment his/her name is placed at the bottom of the list. Anytime an employee is

contacted and declines an overtime assignment or does not answer, his/herthe employee’s name is

placed on the bottom of the list. Any employee who has been called out for and is still on an

overtime assignment will be required to finish that assignment before being considered for another

opportunity.

 D. After a list of eligible employees has been exhausted, the least senior employee

qualified to perform the work in question will be required to accept the overtime assignment.

 E. Supervisors shall cooperate with employees required to work overtime in making

arrangements for contingencies such as daycare or shared rides.

 Section 3. Employee's Obligation to Accept Overtime Work.

 Except for holdover and emergency snow removal situations, any employee shall have the

right to refuse the first call for overtime work on an individual overtime job, but must accept the

assignment on the second call.

 Section 4. Definition of Pay Status.

 For the purposes of this Article, the following shall be considered hours worked pursuant to

Fair Labor Standards Act (FLSA) requirements for calculation of overtime:

 1. Holiday time

 2. Vacation time

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 3. Up to 3 additional days that are provided for Perfect Attendance Incentive

 Section 5. Compensatory Time.

 Compensatory time shall be given in accordance with the provisions of the FLSA, but all

employee requests for such shall require supervisory approval. All unused, accrued compensatory

time shall be paid out on the final paycheck of September for employees of the bargaining unit hired

on or after January 1, 2016. The compensatory time payouts will be taxed separately from regular

wages. New hire initial probationary employees will not be eligible for compensatory time until they

have successfully completed their probation except for snow removal and emergency overtime. All

overtime for initial probationary employees will be paid at the applicable overtime rate.

 Section 6. Inclement Weather Declaration.

 Employees directed by management to work during the time frame of the declaration and

who do report to work shall receive Compensatory Time equal to the same number of hours that the

inclement weather declaration coincides with the employee’s scheduled hours of work for that day.

Those employees directed by management to report to work and who do not report to work will be

required to use appropriate leave to cover the entire scheduled shift.




 45
 ARTICLE 9

 SENIORITY

 Section 1. Definition.

 Seniority shall be defined as the total length of uninterrupted service accumulated by an

employee in each of the following categories:

 A. City Seniority - The total length of uninterrupted service following initial date of hire

with the City.

 B. Division Seniority - The total length of uninterrupted service following the date of

assignment to the specific division where the employee is currently employed.

 C. Classification Seniority - The total length of uninterrupted service following the date

of assignment to a specific job classification within a specific division of the City.

 Employees shall accrue seniority for time spent on involuntary Military Leave or leave as a

result of an on-the-job injury or as provided elsewhere in this Agreement.

 Section 2. Loss of Seniority.

 An employee's seniority accumulation shall stop if the employee:

 1. Is discharged for just cause (unless reversed and awarded back pay through the

grievance or other legal procedure).

 2. Retires.

 3. Quits or resigns. Any employee who voluntarily resigns on good terms and returns to

work in the same division within one hundred twenty eighty (120180) days shall receive credit for all

City seniority previously accrued. However, unless an employee receives direct compensation from

the City during that 120180 day period, he/she shall accrue no further seniority. Divisional and

Classification seniority shall commence on the date the employee returns to work.

 46
 Section 3. Seniority List.

 Deputy Public Works Director or designee shall maintain an up-to-date seniority list of all

employees containing the name of each employee, date of hire, date entered the Division, and date

entered the classification.

 Every six (6) months the City shall update and post the seniority lists on the official bulletin

boards and submit a copy to the Union. The City and the Union shall be allowed thirty (30) days to

notify one another of any errors they find in the seniority lists as posted.




 47
 ARTICLE 10

 PROBATIONARY EMPLOYEES

 Section 1. Definition.

 Probation shall mean the period of time that supervisors assess the work of an individual in

order to determine the ability of the individual to perform the required responsibilities of the

assigned position and continue employment in the assigned position.

 Section 2. Initial Probation.

 Each employee, following initial hire, shall be subject to a minimum probationary period of

1,040 work hours. This probationary period may be extended, for just cause, by the Employer for up

to 1040 additional work hours in increments of 520 hours, if the performance demonstrated by the

employee does not conclusively illustrate reasonable ability to complete the expected duties and if

the action to extend the probationary period is taken prior to the end of the initial probationary period

of 1040 work hours. The Employer agrees to notify employees in writing of decisions to extend

initial probationary periods.

 All new employees serving in their initial probationary period with the Employer or in a

subsequent employment status interrupted by more than one hundred twenty (120) days shall be

considered probationary employees until they have completed the initial probationary period after

which their seniority shall date back to their most recent date of hire. The Employer shall be the

exclusive judge of a probationary employee's qualifications and ability and shall be the exclusive

judge in deciding whether to continue such an employee's employment. Provided, that Management,

in the interests of the efficient operation of the Division or to increase an employee's chance of

succeeding at this new position, may increase the probationary period up to an additional one

thousand forty (1040) work hours in increments of five hundred twenty (520) hours. An employee

 48
who does not successfully complete the initial probationary period may be terminated for just cause.

 Section 3. Interim Probation.

 All employees within the Bargaining Unit shall be eligible for a transfer to a job classification

in the same, lower or higher salary range as their current job classification without regard to race or

sex, provided each employee shall meet the minimum requirements of the classification, and

provided further, that such transfers or voluntary demotions or promotions within or from outside the

bargaining unit shall be on a probationary basis for one thousand forty (1040) work hours.Provided,

however, in the interests of the efficient operation of the Division or to increase an employee's

chance of succeeding at this new position, Management may extend the probationary period up to

one thousand forty (1040) additional work hours in increments of five hundred twenty (520) hours.




 49
 ARTICLE 11

 VACANCIES-TRANSFERS-PROMOTIONS - DEMOTIONS

 Section 1. Definitions.

 A. Vacancies: For the purposes of this Article, a vacancy is created when the

City/division increases the work force and/or chooses to fill an open position created by a

termination, resignation, or promotion.

 B. Transfers: For the purpose of this article, a transfer shall be defined as an
interdepartmental or an intradepartmental move into the Street Maintenance Section. Employees
transferring into the Street Maintenance Section will serve an interim probationary period.
 C. Promotion: For the purposes of this Article, a promotion is the advancement of an

employee to a higher classification level within the Street Section on a permanent basis.

 D. Demotion: The movement or reduction of an employee to a lower classification.

 Section 2. Posting of vacancies.

 All vacancies to be filled on a permanent basis shall be posted on Union bulletin boards for a

period of five (5) working days prior to filling the vacancy. The posting notice will contain the job

title/description, shift, and any other information as necessary. The Superintendent or designee may

elect to conduct an external recruitment for position vacancies concurrently with the internal posting.

Employees requesting to change shifts must submit request in writing to the Superintendent or

designee when the vacancy is posted. Requests for shift change will be handled on a seniority basis.

Management shall make every effort to fill jobs as expeditiously as possible and shall promptly

notify the Union of decisions not to fill jobs at the time such decisions are made. On request of the

Union, Management shall provide a statement of the status of a position if the position is not posted

within thirty (30) days of the vacancy. Vacancy announcements shall not be required where the


 50
Employer allows a transfer or demotion to avoid a layoff situation. If a vacancy is not filled within

fourteen (14) days following the posted open bidding period, it may be re-opened for bids. If the

opening is neither filled nor re-opened, Management will notify the Union of and explain the reason

for its decision.

 Section 3. Selection process.

 Division seniority and qualifications will be used in determining those employees who will

be selected to fill the vacancy. Determinations as to the qualifications shall be reasonably determined

by Management. The selection may be based on the following:

 1. Employee possesses the physical and other qualifications to perform the essential

position responsibilities with or without reasonable accommodations.

 2. Employee does not have written level or above discipline for availability for work

issues. Past discipline beyond effective time limit will not count against the employee.

 3. Employee demonstrates satisfactory performance in current position assignment;

demonstrates ability to maintain harmonious relations with coworkers and supervisors; and observes

City policies, rules and regulations.

 The vacancy will be filled by the most qualified employee. When two or more employees

possess substantially equal qualifications, selection will be based on seniority. In the event an

employee is not appointed to a vacancy for which the employee has applied, the employee may

request written reason(s) for the denial.

 Section 4. Promotion.

 Promotion within the Division will be based on successful completion of the requirements of

the classification.




 51
 Section 5. Demotion.

 Involuntary. An employee may be demoted to a lower classification by Management if he or

she is unsuccessful in completing the interim probationary period. The following are examples

giving reason for demotion, not to be taken as an absolute list of all possible justifications for

demotion:

 A. Due to continued unsatisfactory performance or their inability to satisfactorily

 complete classification requirements.




 52
 ARTICLE 12

 LAYOFF PROCEDURE

 Section 1. Layoff Determination.

 Layoffs shall be defined as a reduction of staff or the elimination of any position to insure the

efficient and economical operation of the Section as determined by the Deputy Public Works

Director, Department Head, and/or the City Manager.

 In the event a reduction in force is deemed necessary, employees shall be laid off as follows:

 1. The Deputy Public Works Director shall designate where the layoff(s) will occur. In

general, temporary employees or employees who are partially subsidized through specially-budgeted

programs shall be laid off first, followed by benefit-eligible employees on part-time schedules,

followed by benefit-eligible full-time employees.

 2. The laying off of benefit-eligible, full-time employees will occur in the inverse order

of their seniority.

 Section 2. Required Notice.

 Employees who are to be laid off shall be given formal written notice at least fifteen (15)

working days in advance of the date of the layoff. If such notice is not given, the Employer shall pay

to the individual affected one day’s salary for each day fewer than fifteen (15) that the notice was

actually provided. The Union shall be given a copy of the layoff notice.

 Section 3. Recall.

 Employees shall be recalled from layoff according to their seniority. If there is more than one

employee available to be recalled, Management shall recall the employee with the most seniority,

regardless of the number of skill levels he or she has.

 The City shall retain a list of employees who have been laid off. Those who have remained

 53
on a layoff status for more than twenty-four (24) months shall be stricken from the list and no longer

subject to recall.

 Employees on a recall list shall notify the Human Resources Director by Certified Mail

within ten (10) days of any change of address. Any employee failing to provide such a notice shall

have no recourse, legal or otherwise, against the City if a recall occurs and he/she has failed to

receive notice.

 The City agrees to advise laid off employees on a recall list of a job vacancy by mailing

notices to the employees’ last known addresses as provided in the manner set forth above.

 Any employee who receives notice of a recall and who desires to be considered for a vacancy

shall notify the Human Resources by Certified Mail -- within ten (10) calendar days of the postmark

of the City's notice -- stating the exact date the employee will be available to return to work. The

employee shall be required to be available to return to work within twenty-four (24) days of the

City's notice in order to be considered.

 Section 4. Layoff Options.

 Public Works Director or designee may recommend alternative cutback areas (to any

anticipated layoff of employees) to the City Manager. Nothing in this Agreement shall prohibit the

City Manager from entering into an arrangement with the Union to minimize the effect of general

layoffs by:

 a) Reducing the total number of working hours of employees,

 b) Reducing the level of payment to current classifications,

 c) Implementing a rotational furlough system, or

 d) Utilizing other scheduling variations which may cause minimal impact on services

rendered to the public.

 54
 ARTICLE 13

 SICK LEAVE

 Section 1. Accumulation.

 Employees covered by this Agreement shall accrue sick leave at a rate of 3.70 hours per pay

period for a forty-hour employee. The maximum year-end carry-over for sick leave shall be one

thousand forty (1,040) hours for a full time forty-hour employee. While bargaining unit members

may continue to accrue above that number at their normal rate during the ensuing twelve-month

period, any excess on December 31 will be zeroed out and compensated in accordance with the

provisions of Section 4 below. An employee must be performing assigned duties or on authorized

paid leave or Workers’ Compensation to be eligible to accrue sick leave.

 Section 2. Requests.

 (a) An employee shall only be allowed to utilize sick leave for approved purposes

pertaining to the provisions of acceptable sick leave use. Requests for use of sick leave shall be

made to the employee’s supervisor in accordance with established procedures. The requests may be

subject to reasonable audit, confirmation, and medical certification before or after approval.

 Sick leave shall be available as it is accrued, including during the initial probationary period,

but shall not be allowed in advance of accrual.

 (b) Non-emergency use of sick leave shall be requested at least forty-eighttwo (482)

hours full business days in advance of the anticipated absence.

 (c) Emergency use of sick leave shall be requested as follows:

 (1) The employee shall notify his or herthe employee’s supervisor in accordance

 with established procedures of the employee’s unavailability for work at least thirty (30)

 minutes prior to the start of the work shift, except in extreme extenuating circumstances

 55
 where personal condition of health or family emergency does not permit.

 (2) The employee shall request the use of sick leave prior to leaving the work site

 in the event the employee becomes ill on the job and, if possible, complete a sick leave

 request prior to leaving the job site.

 (3) In the case of either 1 or 2 above, the employee must complete and file a sick

 leave request form with the employee’stheir supervisor within two workingfull business days

 from the date the employee returns to work or the use of accumulated sick leave shall not be

 allowed.

 Section 3. Acceptable Use.

 A. Sick leave may be utilized in minimum one-quarter-hour increments when an

employee is unable to perform duties due to personal sickness or injury or when the illness or injury

of an employee's spouse, child, stepchild, parent, grandparent, or grandchild living with the employee

requires care-giving from the employee. Additionally, sick leave may be used for medical, dental, or

other routine diagnostic or remedial treatment of the employee or the employee's spouse, child,

stepchild, parent, grandparent or grandchild living with the employee when facilitation is necessary

by the employee. In no case, however, shall sick leave granted for such purposes exceed the actual

time necessary for examination, treatment, and travel.

 In non-emergency situations, employees shall schedule medical or dental appointments

and/or treatments at times which do not interfere with job-related duties and shall notify supervisors

as soon as the appointments are known. Sick leave may also be allowed or directed if exposure to a

contagious disease may endanger or jeopardize the attendance of other employees.

 B. Sick leave may be utilized for elective surgery. If more than three (3) days will be

necessary, however, arrangements must be made in advance with the Supervisor so that the leave

 56
will, to the extent possible, be at a time best suited to the work situation.

 Section 4. Year-end Reconciliation/Payment Upon Retirement.

 Employees who at the end of the year have in excess of the number of Sick Leave hours

permitted for carry-over as stipulated in Section 1 above shall have such residual hours zeroed out

and compensated at the rate of thirty-five fifty percent (3550%) of their respective hourly wages on

December 31. Any employee retiringeligible to retire under the Kansas Public Employees

Retirement System (KPERS) or the Social Security System will similarly be paid for thirty-five

percent (35%) of eligible accrued sick leave up to a maximum of three hundred ninety-seven (397)

hours at his or her hourly rate immediately preceding retirement.

 Section 5. Return to Work.

 Any employee who absents himself or herself on Sick Leave for more than three consecutive

workdays may be required to provide the Human Resources Director with a report from a medical

doctor duly licensed by the State of Kansas indicating the dates the employee has been under

treatment and certifying that he or she is capable of returning to full duty. Failure to provide a

doctor's statement as required may result in a determination that the Sick Leave in question was not

supported by medical opinion, thereby leading to disciplinary action for abuse.

 Any employee who is off work as the result of a job-related injury shall, before starting back,

report to the Human Resources Department. The employee shall at that time provide to the Human

Resources Director a statement from the a City Health Care Provider (CHCP)healthcare provider

designated by the Human Resources Director, by whom the employee will have been required to be

treated, certifying that the employee is capable of performing full regular duties.

 The Human Resources Director may also require any employee appearing to be sick or

injured on the job or coming back to work from extended Sick Leave (more than three consecutive

 57
work days) to report to the CHCPa heath care provider designated by the Human Resources Director

for an independent evaluation, regardless of whether or not a note from that employee’s personal

physician has been presented. The cost of such an examination shall be paid by the Employer. Any

employee refusing to be examined by the CHCP designated health care provider may be subject to a

determination that he/she is not yet cleared to return to duty.

 Section 6. Excessive Use of Sick Leave.

 Any employee who establishes a pattern that makes it appear the employee is using sick leave

improperly shall receive a written notice from the Street Operations Manager notifying him or her to

report to the Human Resources Department Thereafter, the employee may be required to report to the

CHCPa health care provider designated by the City for consultation concerning the employee's duty

status. The CHCPHuman Resources Director or the designated health care provider may require a

doctor's statement certifying:

 1. That the employee was treated and the date(s) of that treatment;

 2. That the illness or injury was of sufficient seriousness to prevent the employee from

being present at work;

 3. That the employee was unable to work on a specified date or dates because of the

illness or injury; and

 4. That the employee may return to work to assume his or her regular duties on a date

certain.

 Failure to comply with the above Doctor's statement requirement may result in a

determination that the Sick Leave in question was not supported by medical opinion, thereby leading

to disciplinary action for abuse.




 58
 Section 7. Leave Requiring Medical Attention.

 An employee may remain on the job as long as his/her health permits. As provided in

Sections 3.A and 5 above, however, Management may require any employee to report to the Human

Resources Department if there is reason to believe that that employee is incapable of performing

his/her duties because of illness or injury. The Human Resources Director may refer the employee to

the CHCPa designated health care provider for consultation and/or examination to determine the

ability of the employee to perform his/her assigned duties.

 Section 8. Employees Receiving Workers’ Compensation Benefits.

 Any employee injured as the result of an accident arising out of and in the course of his or her

employment -- and who is receiving Workers’ Compensation benefits while he/she is Temporarily

Totally Disabled and is still employed as a regular employee of the City of Topeka -- may prorate

sick leave in an amount representing the difference between his/her normal base compensation from

the City and the amount received from Workers' Compensation. An employee who is receiving

Workers’ Compensation of any kind shall continue to accrue sick leave.

 Section 9. Incentive for Non-Use of Sick Leave.

 The purpose of this incentive is to discourage the repetitive use of sick leave by employees.

 Upon successful completion of the initial employment probationary period, for each three (3)

consecutive months of perfect attendance, employees shall earn one (1) day of personal leave or the

equivalent in pay, provided, however, that none of the months may overlap into another month

period. The employee may accumulate up to four (4) personal leave days for this purpose annually.

 Option 1: Employees may schedule use of the personal leave day with their Supervisor. Any

unused personal leave at the close of each calendar year must be taken during the period of January

1st through April 30th of the following year. An extension may be granted with the approval of

 59
Deputy Public Work Director or designee.

 Option 2: For each personal leave day earned, the employee may elect the option of

exchanging the personal leave day for one (1) day of pay at his or her regular hourly rate of pay, but

only if the employee submits a written request to receive payment within fourteen (14) days after the

personal day is earned.

 Section 10. Non-City Employment Injury and Use of Leaves.

 Any City employee injured while in the employment of an employer other than the City shall

reimburse the City for any losses sustained by the City through sick or other paid leave usage,

provided both that the employer is insured and that a Workers' Compensation settlement is

consummated between the employee and the other employer. The amount reimbursed shall not

exceed the amount in pay made by the City.

 Section 11. Effect of Inter/Intra-Departmental Transfers on Sick Leave Accrual.

 Any employee who is transferred, promoted, demoted, reassigned, or otherwise placed in a

different Department shall be entitled to retain accrued sick leave.

 Section 12. Light Duty for Injury On or Off The Job.

 An employee injured either on or off the job who is unable to perform his or her assigned

duties may be placed on light duty as determined by the CHCPa healthcare provider designated by

the Director of Human Resources. Street Operations Manager shall determine whether light duty

positions exist and the duties associated with each such activity.

 Employees injured on the job shall receive preference in being placed in any available light

duty assignments. Any disputes concerning light duty positions or the right thereto shall be

submitted to the Human Resources Department for resolution. The Human Resources Director may,

with the agreement of the employee, place the employee in a light duty capacity in another

 60
Department.




 61
 ARTICLE 14

 HOLIDAYS

 Section 1. Holidays Recognized and Observed.

 The following days shall be recognized and observed as paid holidays:

 1. New Year's Day -- January First

 2. Martin Luther King, Jr.'s Birthday -- Third Monday in January

 3. Memorial Day -- Last Monday in May

 4. Juneteenth – June Nineteenth

 5. Independence Day -- July Fourth

 6. Labor Day -- First Monday in September

 7. Veterans Day -- November eleventh

 8. Thanksgiving -- Fourth Thursday in November

 9. Friday after Thanksgiving

 10. Christmas Eve Day -- December twenty-fourth

 11. Christmas Day -- December twenty-fifth

 All holidays shall commence at 12:01 a.m. on the day of the designated holiday and shall end

at 12:00 midnight on the day of the designated holiday; except for street maintenance equipment

operators assigned to a regularly scheduled night shift whose holidays shall commence at 12:01 p.m.

on the day of the City designated holiday and shall end at 12:00 p.m. on the day after the City

designated holiday. Eligible employees shall receive a normal day's pay for each of the holidays

listed above on which they perform no work.

 Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall

be observed as the holiday.

 62
 Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall

be observed as the holiday.

 Should the City designate an alternate day other than the closest Friday or Monday, then that

will become the official holiday for the purposes of this Section. Management and the Union, on

behalf of the street maintenance equipment operators assigned to a regularly scheduled night shift,

may jointly designate an alternate holiday schedule which differs from the holiday schedule

described above, but only if the alternate holiday schedule is submitted to the Human Resources

Director before December 1 of the year preceding implementation.

 Those personnel while assigned to 4 day 10 hour shifts:

 • Eligible employees shall receive 10 hours pay for each of the holidays listed above on

which they perform no work.

 • Eligible employees that normally have Friday off and any of the holidays listed above

shall fall on Saturday or Sunday, the preceding Thursday shall be observed as the holiday.

 • If a holiday falls on a Saturday or Sunday, management shall have the discretion to

determine what day the holiday will be observe

 Section 2. Eligibility Requirements.

 Employees shall be eligible for holiday pay under the following conditions:

 a. The employee would have been scheduled to work on such day if it had not been

observed as a holiday, unless the employee is on approved vacation leave, and

 b. An employee being paid by Workers' Compensation shall receive holiday pay,

without using sick or other types of leave, in a pro-rated amount in order to equate to a full day of

pay when added to the amount of pay received from Workers' Compensation.

 If the holiday is observed on an employee's scheduled day off or during his/her vacation, the

 63
employee shall be paid for the un-worked holiday at straight time only.

 Section 3. Holiday Work.

 If an employee is required to work on any one of the eleven designated holidays, as

determined in accordance with Section 1 above, he/she will be paid double time for all hours worked

in addition to his/her normal pay for the holiday. The employee may choose compensatory time, at

the same rate, in lieu of pay. When an alternate holiday is designated in accordance with Section 1,

work on a City designated holiday will be paid at the employee’s regular rate of pay.




 64
 ARTICLE 15

 VACATION

 Section 1. Eligibility and Allowance.

 Benefit-eligible employees shall earn vacation by pay periods according to the following

chart, prorated in relation to the average number of hours worked per week, provided the employee

works at least an average of twenty (20) hours per pay period:

 Length of Service Hours Earned Per Days Earned Per Hours Earned Per
 Pay Period Year Year
 1-4 years 3.70 12 96
 5-9 years 4.62 15 120
 10-14 years 5.54 18 144
 15-19 years 6.47 21 168
 20-24 years 7.39 24 192
 25-29 years 8.31 27 216
 30 years & thereafter 9.24 30 240

 The maximum carry-over from year to year for any forty-hour employee shall be two hundred

forty (240) hours.

 Employees shall be allowed use of accrued vacation time in minimum one quarter (1/4) hour

increments.

 An employee who is receiving Workers’ Compensation of any kind shall continue to accrue

vacation leave.

 Section 2. Vacation Pay.

 Vacation pay shall be the employee's regular straight time rate in effect for his/her regular job

on the day immediately preceding the vacation period.

 Employees who request vacation while working 10 hour shifts, must use 10 hours of

vacation.


 65
 Employees may convert up to a maximum eighty (80) hours of accrued vacation leave

annually into the equivalent in hourly rate compensation, with requests therefore being due by

December 1. Payments will be made with the final pay period of the calendar year, but in no case

will such lump sum buy-backs be treated as hours worked for the purposes of overtime calculation.

 1. Twelve (12) full months of continuous service immediately prior to December 31 of the

 year in which vacation buyback is applied.

 2. Have Supervisor approval.

 3. A “Meets Expectations” or better performance rating on their most recent performance

 assessment and not be subject to disciplinary action at the time the vacation buyback is

 requested.

 4. Eligible to use, or be scheduled to use, at least 40 hours of vacation by December 31, of

 the year in which vacation buyback is requested/

 5. Retain a vacation balance, after the vacation buyback and vacation used during the year

 are applied, of at least 80 hours but nor more than 240 hours.

 Section 3. Choice and Selection of Vacation Period.

 (a) All employee vacation choices and selections shall be by seniority and subject to

Divisional operational needs as determined by Street Operations Manager. Vacation requests shall

be made in advance to the Street Operations Manager or designee in writing in accordance with

established procedures. Once approved, vacations shall only be canceled for just cause.

 Vacation requests will not be arbitrarily denied and will be based on operational needs.

 (b) Requests for five (5) or more consecutive work days of vacation leave shall be made

at least seven (7) workfull business days in advance of the requested leave except for extreme

emergency situations. The supervisor shall either approve or deny in writing the vacation request as

 66
soon as reasonably possible but no later than two (2) workfull business days after the day the

vacation request is made by the employee.

 (c) Requests for the use of less than five (5) consecutive work days of vacation leave

shall be made, whenever possible, at least forty-eight (48) hourstwo (2) full business days prior to the

requested leave except for extreme emergency situations. As soon as reasonably possible, but no

later than twenty-four (24) hoursone (1) business day after the request is made by the employee, the

supervisor shall either approve or deny the vacation request made by the employee. Requests made

within forty-eight (48) hourstwo (2) full business days may and should be granted if the needs of the

Department or Division so permit.

 Section 4. Holiday During Vacation Period.

 If a designated holiday, as provided in Article 14 of this Agreement, occurs during the work

week in which vacation is taken by an employee, the number of hours charged against the employee's

vacation period shall be reduced by the number of holiday hours that have occurred.

 Section 5. Vacation Right in Case of Layoff, Separation, or Retirement.

 a. Retirement. Any employee retiring without taking all of his or her earned vacation

shall be compensated for the unused hours.

 b. Separation. Any employee separated from his/her employment after satisfactorily

completing the initial probationary period shall be compensated for all unused accrued vacation.

 c. Laid-Off Employees. Any employee who is laid off after completion of his/her initial

probationary period shall be paid for any unused accrued vacation. Any employee temporarily laid

off may, at his/her option, "bank" unused accrued vacation pending a recall.




 67
 ARTICLE 16

 LEAVES OF ABSENCE

 Section 1. Eligibility Requirements.

 Employees shall be eligible for leaves of absence after completing their initial probationary

periods.

 Section 2. Leave of Absence Without Pay; Obligations of Employee.

 A leave of absence without pay is a predetermined amount of time away from work requested

by the employee and approved by the Department Head or designee.

 While such a leave is permissible, approval is not obligatory. A leave of absence without

pay, except one brought about by a disciplinary action, is a privilege. As such, the best interests of

both the City and the employee shall be considered in determining whether such leave will be

granted. An approved leave of absence may later be canceled for just cause.

 When an employee is granted a leave of absence without pay, he/she may return to work at

the end of the leave to the position left. If business necessity requires the City to fill the position of

an employee on an approved leave of absence, a temporary employee may be hired.

 When granted a leave of absence without pay, the employee makes a commitment to return to

work at the end of the leave. Failure to return to work or to receive an extension of the leave from

the Department Head shall be considered a resignation.

 Section 3. Leave of Absence Without Pay; Conditions.

 A. During a leave of absence without pay, the employee:

 1. Shall not receive pay from the City;

 2. Shall not accrue any leave;

 3. Shall not pay retirement contributions nor be credited time toward retirement for any

 68
time the employee is not is pay status;

 4. Shall pay total health or other insurance falling due except as provided in Section 9

below;

 5. Shall, upon return to work, carry over sick leave accrued prior to commencement of

the leave without pay; and

 6. Shall not receive any other benefits during the absence.

 B. Requests for unpaid leaves shall be made, in writing, to the Street Operations

Manager or designee prior to the requested leave.

 C. Provisions of the Family and Medical Leave Act (FMLA) shall govern this Article

when the leave of absence qualifies for such purpose.

 Section 4. Military Leaves.

 An employee who is a member of a military reserve organization or a National Guard unit

shall be eligible for military leave benefits. A forty (40) hour employee may receive up to a

maximum of eighty (80) hours of Military Pay annually for temporary training and/or extended

military leave. An employee shall be paid only for those days he/she would normally have worked

during the time of the military assignment. Employees should notify management and the Human

Resources Department of the need for Military Leave as far in advance as possible. Written notice is

preferred, but not required under the law.

 For extended military leave, employees are encouraged to complete a Military Leave of

Absence form and meet with Human Resources personnel to review the employees pay and benefits

prior to the commencement of leave. Subject to certain exceptions under the Uniformed Services

Employment and Reemployment Rights Act (USERRA) military leave benefits are limited to five (5)

years of leave of absence.

 69
 Section 5. Funeral/Family Crisis Leave.

 A. Forty (40) hour employees shall receive three (3) working days per occurrence (not to

be deducted from any hourly accruals) for funeral leave and a maximum of three (3) working days

for family crisis leave specifically for:

 1. Making arrangements for and/or attending a funeral of an employee's spouse,

 child, stepchild, parent, stepparent, grandparent, grandchild, sibling, spouse's parent, spouse's

 sibling, son-in-law, daughter-in-law, aunt, uncle, or a family member of the immediate

 household permanently residing under the same roof.

 2. Attending to recovery (or in limited cases of advance warning, preventive)

 measures associated with a disaster such as a fire, flood, or tornado or life threatening

 emergency health problem. In addition, the City and the Union agree that the City may

 require that an employee requesting such usage supply a statement from the attending

 physician verifying that the health problem is both an emergency and life threatening.

 3. In cases requiring travel in excess of two hundred and fifty (250) miles, the

 employee may be granted up to 3 additional days off with pay at the discretion of the

 Manager.

 B. Determinations of eligibility for Funeral/Family Crisis leave use shall be made by the

Street Operations Manager and/or duly authorized supervisor, exercising reasonable discretion and

judgment consistent with personnel guidelines and the guidelines set forth in this section. Additional

time, if needed, approved, and justified, may be allowed from other leave accruals or pursuant to

leave of absence provisions.

 Section 6. Jury Duty/Court Appearances.

 An employee called to serve on jury duty or required to be a court witness, but not as a party

 70
in a civil matter or defendant in a criminal case, shall be paid an amount equal to the difference

between the wages which would have been earned on a given day and the compensation received as

a witness or juror. Alternatively, an employee may sign witness/juror fees over to the City in order

to receive regular pay.

 An employee on jury duty/court appearance leave shall return to work for the balance of a

work day if the employee is excused by the court.

 An employee shall not have deductions made from accrued leave for the purpose of this

provision, unless the employee is a party in a civil matter or defendant in a criminal case or appears

as a voluntary expert witness.

 An employee appearing in court under this provision may retain any travel, lodging, and/or

meal reimbursements.

 Section 7. Leave Agreements.

 An employee shall enter into a written leave agreement with the Deputy Public Works

Director if the leave exceeds two (2) calendar weeks (including a leave of absence to pursue Union

Business). The agreement shall specify the conditions of the leave, whether it is with or without pay,

and what the employment status, salary, and other benefits will be.

 The agreement shall be approved by the Human Resources Director prior to the

commencement of the leave. A copy of the leave agreement, excluding confidential information,

shall be provided to the Union.

 Section 8. Medical Disability Leave.

 A written request for a leave of absence with or without pay due to medical reasons must be

filed with the Human Resources Department prior to the effective date of the requested medical

leave. The request must be accompanied by a conclusive medical statement concerning the problem,

 71
the probable extent of incapacitation, and any prognosis of when the employee could resume full

responsibilities. The Human Resources Director may request an interim evaluation of the employee's

condition during such a leave.

 In the event the employee is receiving Workers’ Compensation benefits as a result of an

injury sustained in City employment -- and such incapacitation is total and temporary but not

exceeding three (3) months' duration, the City may make contributions to the employee's health

benefits upon recommendation of the Deputy Public Works Director and approval of the Human

Resources Director, provided the employee is normally eligible for such benefits.

 Physical incapacitation, including but not limited to pregnancy, miscarriage, abortion,

childbirth, or other related medical conditions and recovery therefrom, shall be considered as

temporary medical disabilities and treated as such under applicable leave provisions.

 If Management believes that an employee's health or condition may be endangered by

continuing employment or that the employee cannot perform regular and necessary duties of the job,

it shall refer the employee to the Human Resources Department. The Human Resources Director may

further refer the employee to the CHCP, who may require the employee to provide a statement of

medical condition. The employee shall return to work at the conclusion of the medical disability

leave, contingent upon a statement from the CHCP indicating that the employee is medically able to

return to work. Consistent with the provisions of Article 13, Section 12, a light duty assignment may

be an option at the discretion of the Street Operations Manager.

 An employee may use accrued sick leave on those occasions the employee is physically

unable to complete the duties of his/her employment. An employee desiring to use accrued sick

leave for a medical disability leave in excess of five (5) working days shall, if requested, provide a

medical statement from his/her physician to the Human Resources Department. Such medical

 72
statement may be reviewed by a medical advisor designated by the City -- and further information

pertaining to the specific condition may be requested from the attending physician. An employee

returning from approved medical leave shall be reinstated to the position held immediately prior to

the medical leave without loss of seniority, subject to medical clearance to perform those duties.

 Section 9. Voting Time.

 An employee who is eligible and registered to vote in a primary, general, or special election

held within the state shall, on the day of such election, be entitled to absent himself/herself from

employment with the City for a period not to exceed two (2) consecutive hours between the time of

opening and closing of the polls, provided, however, that if the polls are open before commencing

work or after terminating work but the period the polls are so open is less than two (2) consecutive

hours, the employee shall only be entitled to be absent from City employment for such period of time

which, when added to the period of time the polls are open, will not exceed two (2) hours. An

employee shall not, because of so absenting himself/herself, be subject to any penalty, nor shall

deductions be made on account of such absence from the employee's usual salary or wages.

 Management may specify the particular times during the day which employees may absent

themselves for voting, except such times shall not include the regular lunch period. The

Management may require employees to show current voter registration cards in order to be eligible

for paid time off for voting.

 Section 10. Civic Duty.

 Employees appointed to a committee of the Topeka United Way shall be granted leave with

pay to attend committee meetings during their scheduled work hours as long as staffing levels are

being met, as determined by the Street Operations Manager.

 Employees elected to any political or legislative positions who request leaves of absence for

 73
the time periods of their elected political or legislative positions shall be granted such without pay if

approved by the City Manager.

 Section 11. Union Leave.

 A. Up to five (5) members of the bargaining unit shall be allowed to attend Union

functions, such as but not limited to: Steward school, labor conventions, or organizational drives;

provided that staffing levels are not unreasonably and unduly affected as determined by

Management. Any such time off shall be without pay.

 B. A pool of forty-eight (48) regular hours with pay will be provided each contract year

for bargaining unit members to attend State and/or National Union meetings. It is agreed that time

off for State and/or National Union meetings shall be paid as straight time and will not be considered

hours worked for the computation of overtime.

 C. Up to five (5) members of the bargaining unit shall be granted paid time from duty for

attending any scheduled negotiation sessions. It is agreed that time off for Union-City joint

meetings, including reasonable travel time, shall be paid as straight time and will not be considered

hours worked for the computation of overtime.

 D. Time spent in labor/management meetings called by management and time spent

conducting steward responsibilities will be considered regular hours worked for purposes of

overtime.

 E. Union Official. Any one employee may be granted a leave of absence of up to three

(3) years, without loss of seniority, to serve as a Union official. The employee shall continue to

accrue seniority while on the leave of absence. Upon return, the employee shall return to the step the

employee would have attained if the employee had been continuously employed. The employee

must give thirty (30) days notice before the leave of absence is to begin. The thirty (30) day period of

 74
notification may be waived by mutual consent. The leave must be requested in writing. All vacation

leave shall be paid on the last pay period the employee is in pay status prior to leave of absence

commencing. The employee must give at least thirty (30) days advance notification of intent to

return to City employment to the Director of Human Resources. If the employee is returning within

three (3) years, the returning employee shall be placed in a like or similar position, if available, with

all corresponding rights of seniority. If no current City position is available and the employee is

returning within three (3) years, the employee shall be notified of the next vacancy for which they are

qualified. For Union Leaves of Absence which exceed three (3) years, there will be no rights to

seniority. The employee will be carried on a Recall List. Employees on the Recall List may refuse

two (2) jobs. After two (2) jobs are refused, the City has no obligation to notify the employee of

further vacancies and the employee may compete for other jobs within the City.




 75
 ARTICLE 17

 HEALTH AND SAFETY

 Section 1. Safety.

 It is the express policy of the Employer and the Union to cooperate in an effort to continue to

improve health and safety matters. The parties agree that it is in the best interests of the City, the

Union, and the Citizens that equipment should be operated properly and safely and that all safety

precautions and devices should be utilized at all times. In the furtherance of this policy, a joint

Union-Management health and safety committee may be established and meet upon request of either

party.

 Such committee shall be comprised of two (2) employees from the bargaining unit selected

by the Union and two (2) representatives of the Employer, with one of those from each side serving

as Co-Chairman. The committee shall consider health and safety matters relating to all employees

within the Division. Union participants will receive their regular rates of pay for time spent in the

meetings during their regularly scheduled hours of employment, as approved by the Deputy Public

Works Director. This committee shall have the responsibility for reporting all health and safety

problems to the Deputy Public Works Director or designee, who may initiate such actions as

necessary to get them corrected.

 Safety/Health Rules and Regulations shall be recommended by the joint committee to the

Deputy Public Works Director or designee, who shall have the right to approve, reject, or revise

them. There shall not be any rules or regulations implemented until approved by the Deputy Public

Works Director. Said rules and regulations shall cover, but not be limited to: training; personal

protection; conduct; work standards; equipment; appurtenances; and sanctions for willful disregard

or omissions.

 76
 Committee members pledge to do whatever they can to direct employees who are suspected

of abusing alcohol or drugs to professional counselors, including those in the Employee Assistance

Program (EAP). If an employee’s apparent drug or alcohol abuse persists, committee members

further pledge to inform the Director of Human Resources in a timely manner.

 Section 2. Healthcare Benefits.

 The Employer agrees to make group healthcare benefits available to all employees who are

eligible -- as set forth in the provisions of the Employer's group health care benefits plan and who

sign up for such healthcare benefits. The Employer retains the authority to define group health

insurance coverage and select the carrier to maintain a cost effective program.

 The Employer and Union agree to discuss and consider changes in coverage in continuing

efforts to contain and control escalating costs of group healthcare benefits. These discussions will

take place through the Healthcare Advisory Committee.

 The Employer and the Union have agreed to cost-sharing for healthcare benefits as set forth

within the current Joint Memorandum of Agreement between the City of Topeka, this Union and

other bargaining units recognized by the City.

 Section 3. Pension.

 The Employer agrees to operate under the Kansas Public Employees Retirement System Act

(K.S.A. 74-4901, et seq.), as may be amended from time to time.




 77
 ARTICLE 18

 WAGES

 Section 1. Pay Plan.

 A. Classification and Pay Grade. Employees shall be paid according to the following

classifications and grades:

 CLASSIFICATION GRADE
 Maintenance Worker Trainee 1
 Maintenance Worker 2
 Maintenance Worker Senior 3
 Maintenance Worker Specialist 4


 B. Matrix Adjustments. Effective the first full pay period of January 20222025, there

shall be a one-halfthree percent (.53%) across the board adjustment to the pay matrix. Effective the

first full pay period of January 20232026 and January 2027 there shall be a onetwo percent (12%)

across the board adjustment to the pay matrix. Effective the first full pay period after governing body

approval of the contract amendment and the September 15, 2023, Shift Selection, the wage matrix

shall be adjusted as follows:

 C. Pay Matrices.




 78
 TEAMSTERS
 2022 Pay Matrix
 0.5% Increase from 2021

Classification Grade 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
MW Trainee 01 15.38 15.73 16.08 16.45 16.82 17.19 17.58 17.97 18.38 18.79 19.21 19.64 20.08 20.54 21.00 21.47 21.95 22.46 22.96 23.47 24.00
Maintenance Worker 02 16.16 16.52 16.89 17.27 17.65 18.05 18.46 18.87 19.30 19.73 20.18 20.63 21.09 21.57 22.05 22.55 23.06 23.57 24.10 24.65 25.20
 02A 16.21 16.57 16.94 17.32 17.70 18.10 18.51 18.92 19.35 19.78 20.24 20.69 21.15 21.63 22.11 22.61 23.12 23.63 24.17 24.72 25.39
 02B 16.26 16.62 16.99 17.37 17.75 18.15 18.56 18.97 19.40 19.83 20.30 20.75 21.21 21.69 22.17 22.67 23.18 23.69 24.24 24.79 25.59
 02C 16.31 16.67 17.04 17.42 17.80 18.20 18.61 19.02 19.45 19.88 20.36 20.81 21.27 21.75 22.23 22.73 23.24 23.75 24.31 24.86 25.79
 02D 16.36 16.72 17.09 17.47 17.85 18.25 18.66 19.07 19.50 19.93 20.42 20.87 21.33 21.81 22.29 22.79 23.30 23.81 24.38 24.93 25.99
 02E 16.41 16.77 17.14 17.52 17.90 18.30 18.71 19.12 19.55 19.98 20.48 20.93 21.39 21.87 22.35 22.85 23.36 23.87 24.45 25.00 26.19
MW Senior 03 16.96 17.34 17.73 18.13 18.54 18.96 19.38 19.81 20.27 20.72 21.18 21.66 22.15 22.65 23.16 23.67 24.21 24.76 25.31 25.88 26.47
 03A 17.01 17.39 17.78 18.18 18.59 19.01 19.43 19.86 20.33 20.78 21.24 21.72 22.21 22.71 23.22 23.73 24.28 24.83 25.38 25.95 26.74
 03B 17.06 17.44 17.83 18.23 18.64 19.06 19.48 19.91 20.39 20.84 21.30 21.78 22.27 22.77 23.28 23.79 24.35 24.90 25.45 26.02 27.01
 03C 17.11 17.49 17.88 18.28 18.69 19.11 19.53 19.96 20.45 20.90 21.36 21.84 22.33 22.83 23.34 23.85 24.42 24.97 25.52 26.09 27.29
 03D 17.16 17.54 17.93 18.33 18.74 19.16 19.58 20.01 20.51 20.96 21.42 21.90 22.39 22.89 23.40 23.91 24.49 25.04 25.59 26.16 27.57
 03E 17.21 17.59 17.98 18.38 18.79 19.21 19.63 20.07 20.57 21.02 21.48 21.96 22.45 22.95 23.46 23.97 24.56 25.11 25.66 26.23 27.85
MW Specialist 04 18.66 19.07 19.50 19.94 20.39 20.85 21.32 21.79 22.29 22.79 23.30 23.82 24.37 24.91 25.47 26.04 26.63 27.23 27.84 28.47 29.11



 TEAMSTERS
 2023 Pay Matrix
 1% Increase from 2022

Classification Grade 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
MW Trainee 01 15.54 15.89 16.25 16.62 16.99 17.37 17.76 18.15 18.57 18.98 19.41 19.84 20.29 20.75 21.21 21.69 22.17 22.69 23.19 23.71 24.24
Maintenance Worker 02 16.33 16.69 17.06 17.45 17.83 18.24 18.65 19.06 19.50 19.93 20.39 20.84 21.31 21.79 22.28 22.78 23.30 23.81 24.35 24.90 25.46
 02A 16.38 16.74 17.11 17.50 17.88 18.29 18.70 19.11 19.55 19.98 20.45 20.90 21.37 21.85 22.34 22.84 23.36 23.87 24.42 24.97 25.66
 02B 16.43 16.79 17.16 17.55 17.93 18.34 18.75 19.16 19.60 20.03 20.51 20.96 21.43 21.91 22.40 22.90 23.42 23.93 24.49 25.04 25.86
 02C 16.48 16.84 17.21 17.60 17.98 18.39 18.80 19.21 19.65 20.09 20.57 21.02 21.49 21.97 22.46 22.96 23.48 23.99 24.56 25.11 26.06
 02D 16.53 16.89 17.26 17.65 18.03 18.44 18.85 19.26 19.70 20.15 20.63 21.08 21.55 22.03 22.52 23.02 23.54 24.05 24.63 25.18 26.26
 02E 16.58 16.94 17.31 17.70 18.08 18.49 18.90 19.31 19.75 20.21 20.69 21.14 21.61 22.09 22.58 23.08 23.60 24.12 24.70 25.25 26.46
MW Senior 03 17.13 17.52 17.91 18.32 18.73 19.15 19.58 20.01 20.48 20.93 21.40 21.88 22.38 22.88 23.40 23.91 24.46 25.01 25.57 26.14 26.74
 03A 17.18 17.57 17.96 18.37 18.78 19.20 19.63 20.07 20.54 20.99 21.46 21.94 22.44 22.94 23.46 23.97 24.53 25.08 25.64 26.21 27.01
 03B 17.23 17.62 18.01 18.42 18.83 19.25 19.68 20.13 20.60 21.05 21.52 22.00 22.50 23.00 23.52 24.03 24.60 25.15 25.71 26.28 27.29
 03C 17.28 17.67 18.06 18.47 18.88 19.30 19.73 20.19 20.66 21.11 21.58 22.06 22.56 23.06 23.58 24.10 24.67 25.22 25.78 26.35 27.57
 03D 17.33 17.72 18.11 18.52 18.93 19.35 19.78 20.25 20.72 21.17 21.64 22.12 22.62 23.12 23.64 24.17 24.74 25.29 25.85 26.42 27.85
 03E 17.38 17.77 18.16 18.57 18.98 19.40 19.83 20.31 20.78 21.23 21.70 22.18 22.68 23.18 23.70 24.24 24.81 25.36 25.92 26.49 28.13
MW Specialist 04 18.85 19.27 19.70 20.14 20.60 21.06 21.54 22.01 22.52 23.02 23.54 24.06 24.62 25.16 25.73 26.31 26.90 27.51 28.12 28.76 29.41




 79
 TEAMSTERS
 2023 and 2024 Pay Matrix
 Effective September 16, 2023

Classification Grade 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
MW Trainee 01 19.00 19.43 19.87 20.32 20.78 21.25 21.73 22.22 22.72 23.24 23.77 24.31 24.86 25.42 26.00 26.59 27.19 27.81 28.44 29.08 29.74
Maintenance Worker 02 19.95 20.40 20.86 21.33 21.81 22.31 22.82 23.34 23.87 24.41 24.96 25.53 26.11 26.70 27.31 27.93 28.56 29.21 29.87 30.55 31.24
 02A 20.00 20.46 20.92 21.39 21.87 22.37 22.88 23.40 23.93 24.48 25.03 25.60 26.18 26.77 27.38 28.00 28.64 29.29 29.95 30.63 31.48
 02B 20.05 20.52 20.98 21.45 21.93 22.43 22.94 23.46 23.99 24.55 25.10 25.67 26.25 26.84 27.45 28.07 28.72 29.37 30.03 30.71 31.72
 02C 20.11 20.58 21.04 21.51 21.99 22.49 23.00 23.52 24.05 24.62 25.17 25.74 26.32 26.91 27.52 28.15 28.80 29.45 30.11 30.79 31.96
 02D 20.17 20.64 21.10 21.57 22.05 22.55 23.06 23.58 24.12 24.69 25.24 25.81 26.39 26.98 27.59 28.23 28.88 29.53 30.19 30.87 32.20
 02E 20.23 20.70 21.16 21.63 22.11 22.61 23.12 23.64 24.19 24.76 25.31 25.88 26.46 27.05 27.66 28.31 28.96 29.61 30.27 30.95 32.45
MW Senior 03 20.95 21.43 21.92 22.42 22.93 23.45 23.98 24.52 25.08 25.65 26.23 26.83 27.44 28.06 28.70 29.35 30.02 30.70 31.40 32.11 32.84
 03A 21.01 21.49 21.98 22.48 22.99 23.51 24.04 24.59 25.15 25.72 26.30 26.90 27.51 28.14 28.78 29.43 30.10 30.78 31.48 32.20 33.17
 03B 21.07 21.55 22.04 22.54 23.05 23.57 24.11 24.66 25.22 25.79 26.37 26.97 27.58 28.22 28.86 29.51 30.18 30.86 31.56 32.29 33.51
 03C 21.13 21.61 22.10 22.60 23.11 23.63 24.18 24.73 25.29 25.86 26.44 27.04 27.65 28.30 28.94 29.59 30.26 30.94 31.64 32.38 33.85
 03D 21.19 21.67 22.16 22.66 23.17 23.69 24.25 24.80 25.36 25.93 26.51 27.11 27.72 28.38 29.02 29.67 30.34 31.02 31.72 32.47 34.19
 03E 21.25 21.73 22.22 22.72 23.23 23.75 24.32 24.87 25.43 26.00 26.58 27.18 27.79 28.46 29.10 29.75 30.42 31.10 31.80 32.56 34.54
MW Specialist 04 23.05 23.57 24.11 24.66 25.22 25.79 26.38 26.98 27.59 28.22 28.86 29.51 30.18 30.86 31.56 32.28 33.01 33.76 34.52 35.30 36.10




 80
81
 Section 2. Pay Period.

 Employees shall be paid on every other Friday, twenty-six times per year. However, when a

payday falls on a holiday, employees may be paid according to the published payroll schedule for the

city.

 Section 3. Step Movement.

 Employees shall be rated by their Supervisors during the month of January for the previous

calendar year. If an overall satisfactory (“Meets Expectations”) rating is achieved on such an annual

performance evaluation, employees who have successfully completed their initial hire probation shall

advance one step at the beginning of the first full pay period in February for 20222025, 20232026

and 20242027. An employee that has not received their annual performance appraisal since his or her

last hiring date anniversary shall be deemed to have been rated at least a “Meets Expectations.”

Employees hired into the Maintenance Worker classification shall advance one step upon successful

completion of initial hire probation.

 Section 4. Classification Placement and Progression.

 A. Placement for new hires. Employees hired after January 1, 2019, will be hired as a

Maintenance Worker Trainee. Management may consider prior verifiable experience and hire a new

employee as a Maintenance Worker who shall be subject to all the provisions of Initial Probation in

Article 10.

 B. Classification progression.

 1. Maintenance Worker Trainees will advance to Maintenance Worker upon

 successful completion of probation and all classification requirements.

 2. Maintenance Workers who have met the requirements to move to the

 Maintenance Worker Senior classification will advance on the first full pay period after

 82
attaining the requirements set forth in the program guidelines.

 3. Maintenance Worker Specialist positions shall be filled in accordance with

Article 11.

 4. Employees who promote to new classification will be placed in the new pay

grade at the same step they have attained at the time of the promotion.

C. Competency Program Incentive.

 1. Maintenance Worker. At the beginning of the pay period following

completion of a non-mandatory category in the competency training program for

Maintenance Worker Senior, Maintenance Worker employees in Steps 1-20 will receive a

one-quarter percent (.25%) adjustment to their current rate of pay and Maintenance Worker

employees in Step 21 will receive a three-quarter percent (.75%) adjustment to their current

rate of pay.

 2. Maintenance Worker Senior. At the beginning of the pay period following

completion of a non-mandatory category in the competency training program for

Maintenance Worker Specialist, the employee will receive a one-quarter percent (.25%)

adjustment to their current rate of pay and employees in Step 21 will receive a one percent

(1%) adjustment to their current rate of pay.

 3. Employees may work on and complete competencies for the next

classification level in the categories they have completed; however, adjustments will not be

made to their rate of pay unless and until the employee has advanced to next said

classification.

 4. Employees who have completed non-mandatory competency categories prior

to January 1, 2022, will have appropriate adjustments made to their rate of pay pursuant to

 83
paragraph 1 and 2 above, effective the first full pay period of January 2022.




 84
 ARTICLE 19

 CLOSING AND SAVINGS CLAUSE

 Section 1. Closing Clause.

 The parties acknowledge that this Memorandum of Understanding (MOU) shall represent the

complete Agreement between the Employer and the Union, with the exception of Section 2 or as

otherwise indicated within this Agreement.

 The parties stipulate that during the negotiations which resulted in this Agreement, each had

the unlimited right and opportunity to make requests and proposals with respect to any subject or

matter not removed by law; further, the complete understandings and agreements arrived at by the

parties after the exercise of that right and opportunity are set forth in this Contract.

 Section 2. Savings Clause.

 Should any part of this Agreement or any provision contained herein be declared invalid by a

tribunal of competent jurisdiction, such action shall not impact the remaining portions hereof, their

continuing to remain in full force and effect. Any invalidated provision, however, shall be subject to

the meet and confer procedure.




 85
 ARTICLE 20

 TERMINATION AND AMENDMENTS

 This Agreement shall be effective for three years beginning January 1, 20222025, through

December 31, 20242027. It shall then be automatically renewed from year to year thereafter unless

either party shall notify the other, in writing, at least sixty (60) days prior to the expiration date that it

desires to modify the terms. In that event, negotiations shall begin not later than thirty (30) days

after the notice is given. It shall further remain in full force and effect during any period of

negotiations and until a new contract is implemented, unless notice of termination is provided.

 In the event either the City or the Union does decide to so terminate this Agreement, written

notice must be given to the other party at least sixty (60) days prior to the desired termination date,

which shall not be before the expiration date set forth in the preceding paragraph.

 At any time specific Articles within this Agreement may be re-opened with mutual consent of

the parties.




 86
DATED AND ACKNOWLEDGED THIS _____ DAY OF ______________, 20212024, IN THE

CITY OF TOPEKA, KANSAS.

 CITY OF TOPEKA, KANSAS



 _________________________________________
 Brent TroutRobert M. Perez, Ph.D., City Manager
ATTEST:



_______________________________
Brenda Younger, City Clerk

 TEAMSTERS UNION LOCAL 696



 _________________________________________
 Michael Scribner, Business Representative




 87
 City of Topeka Finance Department budget@topeka.org
 215 SE 7th St, Rm 355 785-368-3970
 Topeka, KS 66603 www.topeka.org

 To: Dr. Robert Perez, City Manager
 From: Josh McAnarney, Budget Manager
 Date: October 10, 2024
 Re: Teamsters Union Agreement

Pursuant to KSA 75-4331, the Chief Financial Officer of the City is required to provide to the
governing body an analysis of the fiscal effects on the City of proposed agreements between the
City and recognized employee organizations. As part of this analysis, we are required to identify
the potential impact on the City’s aggregate tax levy and its operating expense limitations. I have
reviewed the economic terms of the Teamsters agreement pending before the City Council and its
costs to the 2025 Operating Budget. This bargaining unit has 42 members in the Teamsters Union
with expenses coming all from the City-wide Half Cent Sales Tax Fund. All of the measures in the
proposed agreement are aimed at bringing the Union employees to a competitive rate with
surrounding cities.

The proposed agreement includes the following:
  3% matrix increase for 2025, 2% matrix increase for 2026, 2% matrix increase for 2027
 o With this, there is also an increase from 5% to 8% in the grade change from
 Maintenance Worker to Maintenance Worker Specialist
  Increase in Meal Allowance during overtime from $10 to $15
  Increase Retirement Sick Leave payout from 35% to 50%

The following table (Figure 1) shows the wage and benefits estimations calculated based on the
assumptions listed above.

 Categories 2025 2026 2027
 Total Employee Cost $2,551,318 $2,615,962 $2,682,408
 Difference from Previous Year - $64,444 $66,446
 Summary of 2025-2024 Teamsters Contract Changes
 Updates contract provision to reference residency requirements established through
Article 2, § 21: Residency
 Ordinance
Article 2, § 23: CDL Medical
 Brings CDL requirements consistent with state law exemption for local government employers
Examinations
Article 3; Definitions Adds definition for “business day”
 Changes the hearing officer in Step 5 of the grievance procedure from the Human Resources
Article 5, § 6: Procedure (Grievance) Director to the City Manager, who can designate the Assistant or Deputy City Manager or the
 HR Director to provide final answer
Article 7, § 3: Rest and Meal Periods Increases meal allowance from $12.00 to $15.00
Article 7, § 4: Post-trip Clarifies expectations of the 45 minutes granted at the end of each shift, allowing up to 15
Inspection/Clean-up minutes for personal clean-up
Article 7, § 10: Standby Revises standby to reflect 7 or 8 hours blocks of time for standby coverage
Article 8, § 2: Distribution of Overtime Adds the expectation that if an employee does not answer a call from a supervisor offering an
Work overtime assignment, the supervisor can move down the list
 Increases time frame (120 to 180 days) allowed to return to City employment and receive
Article 9, § 2: Loss of Seniority
 seniority credit
Article 13, § 2: Requests Revises minimum request period for non-emergency sick leave from 48 hours to two full
(Sick Leave) business days to allow sufficient time to review request
Article 13, § 4: Year-end Clarifies when employee is eligible for payout of sick leave when leaving city employment and
Reconciliation/Payment on Retirement increases percentage of year-end payout from 35% to 50%
 Updates references of “City Health Care Provider” to generic reference because there is not a
Article 13, § 3, § 4, § 5 and § 12
 singular designated health care provider
Article 15, § 3; Choice and Selection of
 Revises time frames to business day references to allow sufficient time to review requests
Vacation Period
 --One step increase for eligible employees (meets expectations) in each year of the contract
Article 18: Wages --Across the board increases to matrix: 3% in 2025 plus additional 3% to Senior and
 Specialist classification , 2% in 2026 and 2027
Article 20: Termination and
 Three year contract term
Amendments
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 November 12, 2024


DATE: November 12, 2024
CONTACT PERSON: Councilmember Karen DOCUMENT #:
 Hiller
SECOND PARTY/SUBJECT: Pest Elimination TMC PROJECT #:
 Section 8.60.170
 Amendment
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 082 Housing
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

ORDINANCE introduced by the Public Health and Safety Committee comprised of Councilmembers
Hiller, Valdivia-Alcala, Banks and Duncan, concerning pest elimination responsibilities set forth in the
2012 International Property Maintenance Code, amending 8.60.170 of the Topeka Municipal Code and
repealing the original section. (The Public Health and Safety Committee recommended approval on
October 23, 2024.)
Voting Requirement: Action requires at least five (5) votes of the City Council. Mayor does not vote. The
proposed ordinance involves a matter of home rule on which the Mayor has veto authority.

 (Approval would amend the TMC concerning pest elimination responsibilities by adding language that clarifies
the landlord as well as the tenant has responsibility when more than one unit in a multifamily property is
affected.)

VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. Mayor does not vote. The proposed ordinance involves
a matter of home rule on which the Mayor has veto authority.
POLICY ISSUE:
Whether to approve the Committee's recommendation to amend the code related to pest elimination
responsibilities.
STAFF RECOMMENDATION:
Staff recommends the City Council approve the ordinance.

BACKGROUND:
The proposed changes update the City's current customized 2012 version of the International Property
Maintenance Code (IPMC) to the new 2024 version of the same section. In doing so, the change drops
some problematic language that says tenants (only) are responsible for pests in their units after 30 days
unless the problem is structural and adds language that clarifies that the landlord as well as the tenant
has responsibility when more than one unit in a multifamily property is affected.
The 2012 International Property Maintenance Code (IPMC), retaining the definition of Pest Elimination in
Section 202 of said code and amending 8.60.170 of the Topeka Municipal Code and repealing the original
section.


BUDGETARY IMPACT:
SOURCE OF FUNDING:
This proposal will not need any funding.

ATTACHMENTS:
Description
Ordinance
PH&S Committee Report - October 23, 2024
PH&S Committee Meeting Minutes Excerpt - October 23, 2024
 1 (Published in the Topeka Metro News _______________________)
 2
 3 ORDINANCE NO. _____________
 4
 5 AN ORDINANCE introduced by the Public Health and Safety Committee comprised of
 6 Councilmembers Hiller, Valdivia-Alcala, Banks and Duncan,
 7 concerning pest elimination responsibilities set forth in the 2012
 8 International Property Maintenance Code, amending 8.60.170 of the
 9 Topeka Municipal Code and repealing the original section.
10
11 WHEREAS, the City of Topeka, has adopted the 2012 Edition of the International

12 Property Maintenance Code and Commentary (IPMC) to address the public health,

13 safety, and welfare relative to the use and maintenance of existing structures and

14 premises; and

15 WHEREAS, the following is the currently adopted definition of Pest Elimination:

16 The control and elimination of insects, rodents or other pests by eliminating their

17 harborage places; by removing or making inaccessible materials that serve as their food

18 or water; by other approved pest elimination methods; and

19 WHEREAS, the City desires to adopt the 2024 IPMC Section 309 language with

20 local amendments regarding responsibilities for pest elimination into Topeka Municipal

21 Code Section 8.60.170.

22 NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE

23 CITY OF TOPEKA, KANSAS:

24 Section 1. That section 8.60.170, Section 309 – Pest elimination, of The Code

25 of the City of Topeka, Kansas, is hereby amended to read as follows:

26 Section 309 – Pest elimination.

27 Section 309, Pest elimination, is deleted in its entirety and the following

28 provisions shall be substituted therefor:




 ORD/IPMC Pest Elimination 10/30/24 1
29 Section 309.3, Single occupant, is deleted in its entirety and the following

30 provisions shall be substituted therefor:

31 The occupant of a one-family dwelling or of a single-tenant nonresidential

32 structure shall be responsible for extermination on the premises after 30 days of

33 occupancy.

34 Section 309.4, Multiple occupancy, is deleted in its entirety and the following provisions

35 shall be substituted therefor:

36 The owner of a structure containing two or more dwelling units, a multiple

37 occupancy, a rooming house or a nonresidential structure shall be responsible for

38 extermination in the public or shared areas of the structure and exterior property.

39 309.1 Infestation. Structures shall be kept free from insect and rodent infestations.

40 Structures in which insects or rodents are found shall be promptly exterminated by

41 approved processes that will not be injurious to human health. After pest elimination,

42 proper precautions shall be taken to prevent reinfestation.

43 309.2 Owner. The owner of any structure shall be responsible for pest elimination

44 within the structure prior to renting or leasing the structure.

45 309.3 Single occupant. The occupant of a one-family dwelling or of a single-tenant

46 nonresidential structure shall be responsible for pest elimination on the premises.

47 309.4 Multiple occupancy. The owner of a structure containing two or more

48 dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall

49 be responsible for pest elimination in the public or shared areas of the structure and

50 exterior property. If infestation is caused by failure of an occupant to prevent such

51 infestation in the area occupied, the occupant and owner shall be responsible for pest

52 elimination.



 ORD/IPMC Pest Elimination 10/30/24 2
53 309.5 Occupant. The occupant of any structure shall be responsible for the

54 continued rodent and pest-free condition of the structure.

55 Exception: Where the infestations are caused by defects in the structure or where

56 one or more units are infested from the infestation spreading from a single source, the

57 owner shall be responsible for pest elimination.

58 Section 3. That original 8.60.170 of The Code of the City of Topeka, Kansas, is

59 hereby specifically repealed.

60 Section 4. This ordinance shall take effect and be in force from and after its

61 passage, approval and publication in the official City newspaper.

62 Section 5. This ordinance shall supersede all ordinances, resolutions or rules,

63 or portions thereof, which are in conflict with the provisions of this ordinance.

64 Section 6. Should any section, clause or phrase of this ordinance be declared

65 invalid by a court of competent jurisdiction, the same shall not affect the validity of this

66 ordinance as a whole, or any part thereof, other than the part so declared to be invalid.

67 PASSED AND APPROVED by the Governing Body on ____________________.
68
69 CITY OF TOPEKA, KANSAS
70
71
72
73 __________________________________
74 Michael A. Padilla, Mayor
75 ATTEST:
76
77
78
79 ________________________________
80 Brenda Younger, City Clerk




 ORD/IPMC Pest Elimination 10/30/24 3
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT
 Name of Public Health & Safety
 Committee:

 Title: RESOLUTION – Pest Elimination Amendment

Date referred
from Council
 meeting:

Date referred October 23, 2024
 from
 Committee:

  Committee MOTION: Committee member Christina Valdivia-Alcalá made a
 Action: motion to approve the Resolution for pest elimination
 responsibilities for the Topeka Municipal Code and proceed for
 action at the Governing Body meeting November 12, 2024.
 Committee member Banks seconded. Approved 3-0-0.

  Comments: Committee member Spencer Duncan was absent.

Amendments:


 Members of Councilmembers Karen Hiller, Christina Valdivia-Alcalá,
 Committee: David Banks, and Spencer Duncan

Agenda Date November 12, 2024
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org



 EXCERPT
 CITY OF TOPEKA, Topeka, Kansas, Wednesday, October 23, 2024. The Public Health
& Safety Committee members met at 9:30 A.M. with the following Committee members present:
Karen Hiller (Chair), Christina Valdivia-Alcalá, and David Banks.

 The following is an excerpt of the draft minutes from the meeting:

 APPROVAL of pest elimination responsibilities retaining the definition of Pest
 Elimination in Section 202 of said code and amending 8.60.170 of the Topeka Municipal
 Code and repealing the original section.

Pest Elimination Amendments

Committee Chair Karen Hiller spoke to the concerning pest elimination responsibilities set forth
in the 2012 International Property Maintenance Code, retaining the definition of the Pest
Elimination in Section 202 of said code and amending 8.60.170 of the Topeka Municipal Code.
Hiller added that the Topeka adopted version of the International Property Maintenance Code is
unclear about what happens and who is responsible in the case where a tenant’s unit is infested in
a multifamily property.

Committee member Christina Valdivia-Alcalá expressed her appreciation for the work of
Committee Chair Karen Hiller has done on the Pest Elimination Amendment. She stated there is
an urgency for this amendment to help families and will enable the City of Topeka to take action
for necessary code compliance.


 MOTION Committee member Christina Valdivia-Alcalá made a motion to approve the
 Resolution for pest elimination responsibilities for the Topeka Municipal Code and
 proceed for action at the Governing Body meeting November 12, 2024. Committee
 member Banks seconded. Approved 3-0-0.

 ***************************
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 November 12, 2024


DATE: November 12, 2024
CONTACT PERSON: Braxton Copley, DOCUMENT #:
 Assistant City Manager
SECOND PARTY/SUBJECT: SW Huntoon Street PROJECT #: 701018.00
 (Gage to Harrison)
 Project Design
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

DISCUSSION of design options for the SW Huntoon Street, Street Design Project from Gage
Boulevard to Harrison Street.

(Staff is seeking direction from the Governing Body on which design option to choose for the SW Huntoon
Street Improvement Project.)

VOTING REQUIREMENTS:
Discussion only. Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Determine which design option the Governing Body would like to select for the SW Huntoon Street (Gage to
Harrison) Street Project.
STAFF RECOMMENDATION:
Staff recommends Option No. 2 which includes full reconstruction with single lane road with Complete Streets
elements.
BACKGROUND:
The City of Topeka and Bartlett & West Engineering project team is seeking direction from the Governing Body,
on which of the following three potential design options it would like for the SW Huntoon Street Project.

Option No. 1
Street Maintenance Only. This option includes utility repair and replacement, and 'as-is' sidewalk and street repair
and replacement. This option does not include any complete street elements (no bike lanes or shared use paths,
and no lighting, landscaping, or driveway improvements).

Option No. 2
Full Design with a single-lane configuration plus Complete Streets elements. This design offers three sub-options
including (1) One driving lane + bike lane; (2) One driving lane + bike lane + on-street parking; and (3) One
driving lane + on-street parking. This option would include lighting, landscaping and driveway
improvements.
Option No. 3
Full Design with a two-lane configuration + Complete Streets elements with no bike lane and/or street parking that
could be utilized for Huntoon Street. This option includes lighting, landscaping, and driveway improvements.

Public Involvement Meetings were held on June 20, 2024, July 23, 2024, and September 9, 2024. Results of the
survey were given at the September 9, 2024 Public Meeting are as follows:
 77% of respondents voted for Option No. 2 - Full Design with Single-Lane Road and Complete Streets
 Elements.
 20% of respondents voted for Option No. 3 - Full Design with Two-Lane Road and Complete Streets
 Elements.
 3% of respondents voted for Option No. 1 - Street Maintenance Only. (No Complete Streets Elements)
BUDGETARY IMPACT:
$7,000,000 - $13,300,000 depending on the option the Governing Body chooses.
SOURCE OF FUNDING:
Countywide Half-Cent Sales Tax

ATTACHMENTS:
Description
Huntoon Street Bartlett & West Presentation
Public Infrastructure Committee Meeting Minutes Excerpt (October 15, 2024)
Huntoon Project (Nov 12 2024 Governing Body Meeting Presentation)
HUNTOON STREET
 GAGE TO HARRISON
 COT Project Number 701028.00
Funded by Shawnee County Sales Tax Extension




 Huntoon St. Website
 HUNTOON STREET – GAGE TO HARRISON
 Project Schedule
• 2024
  • Planning
• 2025
  • Design
• 2026
  • Communication, Power, and Gas utility relocation and easement acquisition
• 2027-2029
  • Roadway construction
  • Includes City of Topeka storm, sanitary, and water utilities
HUNTOON STREET – GAGE TO HARRISON
 EXISTING PAVEMENT CONDITIONS
 Topeka Blvd. Core
  Huntoon St. Cores
 Failed Base Concrete Material
HUNTOON STREET – GAGE TO HARRISON

 EXISTING PAVEMENT CONDITIONS
 HUNTOON STREET – GAGE TO HARRISON
 Huntoon St. Pavement Condition Index (PCI) Scores
 PCI Ratings

Excellent: 85-100
• 0 segments
Good: 70-84
• 0 segments
At-risk: 50-69
• 27 segments
Poor: 25-49
• 6 segments
Very Poor: 0-24
• 2 segments
HUNTOON STREET – GAGE TO HARRISON
 HUNTOON STREET – GAGE TO HARRISON

 TRAFFIC STUDY




RESULTS:
Only One (1) Thru Lane is needed on SW Huntoon Ave. from SW Gage to SW Topeka
HUNTOON STREET – GAGE TO HARRISON

 Intersection Conflict Points – 2-lane vs. 1-lane
HUNTOON STREET – GAGE TO HARRISON

 Intersection Conflict Points – 2-lane vs. 1-lane
 HUNTOON STREET – GAGE TO HARRISON

 CITY OF TOPEKA FUTURE ROADWAY MAINTENANCE
 MAINTENANCE 1 DRIVING LANE
 2039 2049 2059 2069 TOTAL
 $299,749 $1,232,507 $656,788 $4,182,649 $6,371,693
 UBAS Mill & Overlay UBAS Full-depth replacement

 MAINTENANCE 2 DRIVING LANES
 2039 2049 2059 2069 TOTAL
 $599,499 $2,465,014 $1,313,576 $8,365,298 $12,743,387
 UBAS Mill & Overlay UBAS Full-depth replacement


*Driving lane maintenance assumed to be on asphalt driving surface only
UBAS – Ultrathin Bonded Asphalt Surface
 HUNTOON STREET – GAGE TO HARRISON
 City of Topeka Utilities
• Sanitary
 • $400,000 to $600,000
 • Eligible for funding by Shawnee County sales tax funds
• Water
 • $2.7 million to $6.3 million
 • Eligible for funding by Shawnee County sales tax funds
• Storm
 • $1.5 million estimated construction cost
 • Included in overall roadway construction cost estimate
 HUNTOON STREET – GAGE TO HARRISON
 Project Public Involvement to date
• 12th St. Post-Construction Community Meeting
 • Thursday, June 20th, 2024 @ Topeka & Shawnee County Public Library
• Huntoon St. Community Open House
 • Tuesday, July 23rd, 2024 @ Topeka & Shawnee County Public Library
• Huntoon St. Public Meeting #1
 • Monday, September 9th, 2024 @ Topeka & Shawnee County Public Library
• Ongoing meetings with local businesses and neighborhood associations
 HUNTOON STREET – GAGE TO HARRISON
 PUBLIC MEETING #1 SURVEY
 Option 1 – Street Maintenance Only (No Complete Streets Elements)
 Chosen by 3% of respondents

 What you get What you don’t get
• Utility work • NO complete street elements
• Replace and repair pavement • NO street lighting
• Sidewalk infill • NO shared use path
• Mill and overlay roadway • NO roadway and pedestrian
• 3 years of construction safety improvements
 • NO improvements to private drives

 Estimated $7 to 9 million for construction (2024 dollars)
HUNTOON STREET – GAGE TO HARRISON
 PUBLIC MEETING #1 SURVEY
 Option 3 – Full Design with Two-Lane Road and Complete Streets Elements
 Preferred option by 20% of survey respondents
• New roadway and storm sewer
• Shared-use path, sidewalks & ramps
• NO on-street parking, NO bike lane
• Street lighting, landscaping and new traffic signals
• Driver and pedestrian safety improvements to intersections
• Estimated $12.7 million for construction (2024 dollars)
• Estimated $14.2 million for construction (2027 dollars)
• Construction budget - $15.9 million

 Typical section fits within existing Right-of-Way
 from Gage to Topeka Blvd.
HUNTOON STREET – GAGE TO HARRISON
 PUBLIC MEETING #1 SURVEY
Option 2 – Full Design with Single-Lane Road and Complete Streets Elements
 Preferred option by 77% of survey respondents
• New roadway and storm sewer
• Shared-use path, sidewalks & ramps, bike lane, and on-street parking
• Street lighting & landscaping
• New traffic signals
• Driver and pedestrian safety improvements to intersections
• Estimated $13.3 million for construction (2024 dollars)
• Estimated $14.9 million for construction (2027 dollars)
• Construction budget - $15.9 million

 Typical section fits within existing Right-of-Way
 from Gage to Topeka Blvd.
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org



 EXCERPT
 CITY OF TOPEKA, Topeka, Kansas, Tuesday, October 15, 2024. The Public
Infrastructure Committee members met at 11:00 A.M. with the following Committee members
present: Sylvia Ortiz (Chair), and David Banks. Absent: Committee member Neil Dobler.

 The following is an excerpt of the draft minutes from the meeting:

 DISSCUSION ONLY. NO ACTION. Huntoon St Project No. 701028.00.

Huntoon St Project No. 701028.00
Braxton Copley, Assistant City Manager, stated the need to discuss and establish a preliminary
design with an overall high-level cost estimate and also get public engagement for the Huntoon
Street Project (Gage to Harrison Avevue). Bartlett & West, 1200 SW Executive Drive, in
Topeka was contracted as the consultant.

Jeff Lolley, Project Manager, with Bartlett & West provided a presentation for the Huntoon
Street Project -Gage to Harrison Avenue.
 • (1) Existing pavement conditions report (2) Existing Utility Review (3) Traffic
 study.
 • Utilities Considered: (1) Sanitary; costs $400,000 to $600,000 (2) Water; $2.7
 million to $6.3 million (3) Storm; $1.5 million estimated construction costs.
 • Safety analyses was conducted and after review of the traffic levels it indicated that
 a single lane design will improve safety for drivers, pedestrians, and cyclists along
 SW Huntoon Ave. from SW Topeka Blvd and SW Gage Blvd.
 • Public involvement meetings held; (1) June 20th, 2024 at Topeka & Shawnee
 County Public Library (2) July 23rd, 2024 @ Topeka & Shawnee County Public
 Library (3) September 9th, 2024 at Topeka & Shawnee County Public Library.

 Public Meeting Survey:
 • 77% of respondents voted for Option 2 – Full Design with Single-Lane Road and
 Complete Streets Elements
 • 20% of respondents voted for Option 3–Full Design with Two-Lane Road and
 Complete Streets Elements
 • 3% of respondents voted for Option 1–Street Maintenance Only (No Complete
 Streets Elements)

Presented at the November 12, 2024 Governing Body Meeting Page 1
 • Street Maintenance Only Option; 2024 Estimated $7 million to $9 million for
 construction-Including replacement of existing utilities and install new utilities,
 replace and repair pavement, sidewalk infill, overlay of roadway, time line 3 years of
 construction. It does not include; street elements, lighting, shared use path, pedestrian
 improvement, or private drives
 • Reconstruction Option; New roadway/storm sewer, shared path/sidewalks/ramps/bike
 lane/on-street parking, street lighting, landscaping, traffic signals, safety
 improvements to intersections. 2024 estimated at $13.4 million for construction with
 2027 estimated at $14.9 million
 • City of Topeka CIP construction budget in 2024 is $15.9 million

Committee Chair Ortiz asked Jeff Lolley how many businesses attended the public meetings and
how many surveys were collected. He reported 5-6 businesses attended public meetings and
there were 60 surveys that responded. She expressed the importance of watching the budget and
taking full consideration for ways to make cuts. She also inquired about the current Pavement
Condition Index (PCI). Braxton Copley stated he would get that report to Ortiz for Huntoon
Street.

Councilmember Hoferer inquired about locations of the cores that were extracted from the
pavement. Jeff Lolley confirmed all different locations were reviewed. She also asked about the
alley entries. Lolley responded that they are replaced up to the right away of the street. She
stated she does not support 8-10 foot shared use paths and spoke to the difficulty that emergency
responders or large trucks have with raised islands. Lolley stated that it will be the plan to
preserve existing parking and minimize disruption and costs. Hoferer added she does support
completing the underground utilities.

Councilmember Marcus Miller stated that he spoke to many citizens from the College Hill area
and they were in support of the project.

Committee member David Banks and Councilmember Michelle Hoferer expressed their thoughts
about bike trails and that there are already many trails in Topeka.

Braxton Copley, Assistant City Manager, stated that the intent is to take this information to the
Governing Body on November 12th to get guidance on what the design contract will entail.
Options are (1) Do nothing (2) Maintenance work with mill and overlay (3) Full depth
reconstruction.


 ***************************




Presented at the November 12, 2024 Governing Body Meeting Page 2
November 12 2024
Meeting Presentation HUNTOON STREET
 GAGE TO HARRISON
 COT Project Number 701028.00
 Funded by Shawnee County Sales Tax Extension




 Huntoon St. Website
 HUNTOON STREET – GAGE TO HARRISON
 Project Schedule
• 2024
  • Planning
• 2025
  • Design
• 2026
  • Communication, Power, and Gas utility relocation and easement acquisition
• 2027-2029
  • Roadway construction
  • Includes City of Topeka storm, sanitary, and water utilities
HUNTOON STREET – GAGE TO HARRISON
 EXISTING PAVEMENT CONDITIONS
 Topeka Blvd. Core
  Huntoon St. Cores
 Failed Base Concrete Material
HUNTOON STREET – GAGE TO HARRISON

 EXISTING PAVEMENT CONDITIONS
 HUNTOON STREET – GAGE TO HARRISON
 Huntoon St. Pavement Condition Index (PCI) Scores
 PCI Ratings

Excellent: 85-100
• 0 segments
Good: 70-84
• 0 segments
At-risk: 50-69
• 27 segments
Poor: 25-49
• 6 segments
Very Poor: 0-24
• 2 segments
HUNTOON STREET – GAGE TO HARRISON
 HUNTOON STREET – GAGE TO HARRISON

 TRAFFIC STUDY




RESULTS:
Only One (1) Thru Lane is needed on SW Huntoon Ave. from SW Gage to SW Topeka
HUNTOON STREET – GAGE TO HARRISON

 Intersection Conflict Points – 2-lane vs. 1-lane
HUNTOON STREET – GAGE TO HARRISON

 Intersection Conflict Points – 2-lane vs. 1-lane
 HUNTOON STREET – GAGE TO HARRISON

 CITY OF TOPEKA FUTURE ROADWAY MAINTENANCE
 MAINTENANCE 1 DRIVING LANE
 2039 2049 2059 2069 TOTAL
 $299,749 $1,232,507 $656,788 $4,182,649 $6,371,693
 UBAS Mill & Overlay UBAS Full-depth replacement

 MAINTENANCE 2 DRIVING LANES
 2039 2049 2059 2069 TOTAL
 $599,499 $2,465,014 $1,313,576 $8,365,298 $12,743,387
 UBAS Mill & Overlay UBAS Full-depth replacement


*Driving lane maintenance assumed to be on asphalt driving surface only
UBAS – Ultrathin Bonded Asphalt Surface
 HUNTOON STREET – GAGE TO HARRISON
 City of Topeka Utilities
• Sanitary
 • $400,000 to $600,000
 • Eligible for funding by Shawnee County sales tax funds
• Water
 • $2.7 million to $6.3 million
 • Eligible for funding by Shawnee County sales tax funds
• Storm
 • $1.5 million estimated construction cost
 • Included in overall roadway construction cost estimate
 HUNTOON STREET – GAGE TO HARRISON
 Project Public Involvement to date
• 12th St. Post-Construction Community Meeting
 • Thursday, June 20th, 2024 @ Topeka & Shawnee County Public Library
• Huntoon St. Community Open House
 • Tuesday, July 23rd, 2024 @ Topeka & Shawnee County Public Library
• Huntoon St. Public Meeting #1
 • Monday, September 9th, 2024 @ Topeka & Shawnee County Public Library
• Ongoing meetings with local businesses and neighborhood associations
 HUNTOON STREET – GAGE TO HARRISON
 PUBLIC MEETING #1 SURVEY
 Option 1 – Street Maintenance Only (No Complete Streets Elements)
 Chosen by 3% of respondents

 What you get What you don’t get
• Utility work • NO complete street elements
• Replace and repair pavement • NO street lighting
• Sidewalk infill • NO shared use path
• Mill and overlay roadway • NO roadway and pedestrian
• 3 years of construction safety improvements
 • NO improvements to private drives

 Estimated $7 to 9 million for construction (2024 dollars)
HUNTOON STREET – GAGE TO HARRISON
 PUBLIC MEETING #1 SURVEY
 Option 3 – Full Design with Two-Lane Road and Complete Streets Elements
 Preferred option by 20% of survey respondents
• New roadway and storm sewer
• Shared-use path, sidewalks & ramps
• NO on-street parking, NO bike lane
• Street lighting, landscaping and new traffic signals
• Driver and pedestrian safety improvements to intersections
• Estimated $12.7 million for construction (2024 dollars)
• Estimated $14.2 million for construction (2027 dollars)
• Construction budget - $15.9 million

 Typical section fits within existing Right-of-Way
 from Gage to Topeka Blvd.
HUNTOON STREET – GAGE TO HARRISON
 PUBLIC MEETING #1 SURVEY
Option 2 – Full Design with Single-Lane Road and Complete Streets Elements
 Preferred option by 77% of survey respondents
• New roadway and storm sewer
• Shared-use path, sidewalks & ramps, bike lane, and on-street parking
• Street lighting & landscaping
• New traffic signals
• Driver and pedestrian safety improvements to intersections
• Estimated $13.3 million for construction (2024 dollars)
• Estimated $14.9 million for construction (2027 dollars)
• Construction budget - $15.9 million

 Typical section fits within existing Right-of-Way
 from Gage to Topeka Blvd.
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 November 12, 2024


DATE: November 12, 2024
CONTACT PERSON: Councilmember DOCUMENT #:
 Spencer Duncan, Policy
 and Finance Committee
 Chairperson
SECOND PARTY/SUBJECT: 2025 Legislative Agenda PROJECT #:
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

DISCUSSION regarding the 2025 City of Topeka Legislative Agenda. (The Policy and Finance
Committee recommended approval on October 22, 2024.)
(Proposed priorities relate to Finance and Taxation, Public Safety Welfare, Community and Economic
Development.)

VOTING REQUIREMENTS:
Discussion only. Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to determine the City's legislative priorities for the 2025 legislative session.
STAFF RECOMMENDATION:
Discussion only. Staff recommends approval of the resolution when considered.
BACKGROUND:
The Policy and Finance Committee held a meeting on October 22, 2024 and recommended approval of
the proposed resolution by a vote of 3-0-0.

New items being proposed include the following:
 Sales Tax: The City of Topeka to have voter approved local sales taxes without interference from the
 county and continue to be able to determine voter-approved local sales tax allocations.
 Property Tax Valuation: City of Topeka has a vested interest in an equitable and sustainable
 valuation system to include using a rolling average system.
 Revenue Neutral Process: The State of Kansas should be transparent and abide by the
 same limitations, restrictions, and requirements which includes taking a vote to exceed the
 revenue neutral rate. Ask the State to work together on innovative approaches to reduce
 property taxes.
 Housing: Giving support for legislation allowing cities to require mandatory inspection for
 landlords plus giving cities additional tools to deal with vacant and abandoned housing.
 Firefighter Helmet Cameras: Support the ability of local governments to determine when and
 how helmet cameras and drone audio/visual recordings will be used.
 Law Enforcement Officer Age Requirement: Allow individuals to enter the law enforcement
 academy if the individual will meet the current minimum age of 21 when the individual
 graduates from the academy.
 Metropolitan Topeka Airport Authority (MTAA): Supports legislative to receive a budgetary
 appropriation for expansion into the field of aircraft maintenance, repair and overhaul (MRO).
 Local Government Employment Grants: Supports legislation to create programs that
 incentive individuals in hard to fill professions.
 CROWN Act: Supports the State to pass Creating A Respectful and Open World for
 Natural Hair Act.

BUDGETARY IMPACT:
To be determined based on priorities.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
Resolution
Policy & Finance Committee Meeting Minutes Excerpt (October 22, 2024)
Policy & Finance Committee Report (October 22, 2024)
 1 RESOLUTION NO. _____
 2
 3 A RESOLUTION introduced by the members of the Policy and Finance Committee
 4 relating to the City of Topeka’s legislative agenda for the 2025
 5 legislative session.
 6
 7 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE

 8 CITY OF TOPEKA, KANSAS, that the following is hereby adopted as the City of Topeka’s

 9 legislative agenda for the 2025 legislative session:

10 Home Rule. Consistent with the Home Rule Amendment of the Kansas

11 Constitution approved by voters in 1960, our local Governing Body, as the body closest

12 to the people, is in the best position to make decisions for our community, particularly in

13 regards to local tax and revenue decisions. The City of Topeka strongly supports

14 legislation that respects our constitutional home rule authority.

15 Finance & Taxation.

16 (1) Business Competition. We strongly oppose any state-imposed limits on the taxing

17 and spending authority of cities and legislation that seek to exempt/waive property

18 taxes for some businesses at the expense of the tax base as a whole on the basis

19 of competition.

20 (2) Sales Tax. As the majority of commerce occurs inside city limits, cities should be

21 able to impose voter-approved local sales taxes without interference from the

22 county. The City of Topeka should continue to be able to determine voter-

23 approved local sales tax allocations. While the legislature is granted authority to

24 make decisions relating to statewide sales tax, local voters and their elected

25 officials are vested with that authority for local sales tax. Any sales tax exemptions

26 considered by the legislature should only apply to the state portion of sales tax and




 RES/2025 Legislative Agenda 10/22/24 1
27 not eliminate voter-approved local sales taxes.

28 (3) Unfunded Mandates. If the state or federal governments seek to promote particular

29 policy objectives, such mandates should be accompanied by an appropriate level

30 of funding.

31 (4) Property Tax Valuation. The City of Topeka has a vested interest in an equitable

32 and sustainable valuation system. The State should reexamine property valuation

33 laws in Kansas and, in cooperation with local governments, modernize the

34 residential and commercial valuation system. This should include looking at using

35 a rolling average system, similar to that used in Kansas agriculture property

36 valuations.

37 (5) Revenue Neutral Process. All property taxing authorities, including the State should

38 be transparent, and abide by the same limitations, restrictions, and requirements, this

39 includes taking a vote to exceed the revenue neutral rate and looking at all options to

40 decrease the state-wide mill levy. We ask the State to work together with us on

41 innovative approaches to reduce property taxes.

42 Public Safety Welfare.

43 (1) Housing. Recognizing that residents have a right to live in safe, affordable,

44 housing, we support legislation allowing cities to require mandatory inspections

45 for landlords accepting public funds, strengthening protections for enforcement of

46 equitable interest in contract for deed arrangements, and giving cities additional

47 tools to deal with vacant and abandoned housing in order to decrease blight in

48 neighborhoods and return houses to productive use.

49 (2) Mental Health. We support allocating additional resources for mental health

50 programs, including establishment of a state mental health facility in Topeka to


 RES/2025 Legislative Agenda 10/22/24 2
51 provide additional bed space for patients with mental health issues.

52 (3) Medicaid Expansion. Kansas is one of only 11 states that has not expanded

53 Medicaid eligibility which is supported by 7 out of 10 Kansas voters. We urge the

54 Legislature to do so in order to provide health care to individuals who cannot afford

55 to access these services.

56 (4) Homelessness. We support allocating a portion of the budget surplus to help

57 cities address homelessness and its underlying causes which include a lack of

58 affordable housing and social services.

59 (5) Firefighter Helmet Cameras. We support the ability of local governments to

60 determine when and how helmet cameras and drone audio/visual recordings will be

61 used by firefighters in the course of responding to public safety calls including the

62 regulation of public access to those recordings, balancing the needs of public safety

63 professionals and the individuals whose images and sounds are captured in the

64 recordings.

65 (6) Law Enforcement Officer Age Requirement. We support efforts to allow

66 individuals to enter the law enforcement academy if the individual will meet the

67 current minimum age of 21 when the individual graduates from the academy.

68 (7) Minimum Wage. We support passage of legislation which would allow cities to

69 utilize their Home Rule power to require employers to pay wages higher than the

70 minimum wage.

71 Community and Economic Development.

72 (1) Broadband. The State should support efforts that invest in broadband as an

73 essential utility for the success of the community.

74 (2) Metropolitan Topeka Airport Authority (MTAA). Recognizing Topeka is located in


 RES/2025 Legislative Agenda 10/22/24 3
 75 an ideal location to support NIAR initiatives in Wichita and Salina, we support

 76 legislative efforts by the MTAA to receive a budgetary appropriation for expansion

 77 into the field of aircraft maintenance, repair and overhaul (MRO).

 78 (3) Local Government Employment Grants. Vacancies in local government positions

 79 negatively impact our community causing delays in services. We support

 80 legislation to create programs that incentivize individuals in hard to fill professions

 81 to stay in Kansas and work in the public sector.

 82 (4) CROWN Act. We support legislative efforts to pass at the state level the Creating

 83 A Respectful and Open World for Natural Hair Act prohibiting race-based hair

 84 discrimination.

 85 League of Kansas Municipalities. We support the League of Kansas

 86 Municipalities 2025 Statement of Municipal Policy to the extent the Policy is consistent

 87 with the City’s priorities and agenda, including opposing legislation limiting the City’s

 88 Home Rule authority.

 89 ADOPTED and APPROVED by the Governing Body on ___________________.

 90 CITY OF TOPEKA, KANSAS
 91
 92
 93
 94
 95 Michael A. Padilla, Mayor
 96 ATTEST:
 97
 98
 99
100 __________________________________
101 Brenda Younger, City Clerk




 RES/2025 Legislative Agenda 10/22/24 4
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org


 EXCERPT
 HOLLIDAY 1st FLOOR CONFERENCE ROOM, Topeka, Kansas, Tuesday, October 22,
2024. The Policy & Finance Committee members met at 1:00 P.M., with the following
Committee members present: Duncan (Chair), Marcus Miller, Michelle Hoferer.

 The following is an excerpt of the draft minutes from the meeting:

 APPROVAL by the Committee for the 2025 Legislative Agenda and get on the
Governing Body Agenda November 12, 2024 Discussion item.


2025 LEGISLATIVE AGENDA
Chairman Duncan expressed his support for the 2025 Legislative Agenda and spoke to the new
items that will be proposed.
 • Sales Tax- The City of Topeka to have voter approved local sales taxes without
 interference from the county and continue to be able to determine voter-approved local
 sales tax allocations.
 • Property Tax Valuation- City of Topeka has a vested interest in an equitable and
 sustainable valuation system to include using a rolling average system.
 • Revenue neutral process- The State of Kansas should be transparent and abide by the
 same limitations, restrictions, and requirements which includes taking a vote to exceed
 the revenue neutral rate. Ask the State to work together on innovative approaches to
 reduce property taxes.
 • Housing- Giving support for legislation allowing cities to require mandatory inspection
 for landlords plus giving cities additional tools to deal with vacant and abandoned
 housing.
 • Firefighter Helmet Cameras- Support the ability of local governments to determine when
 and how helmet cameras and drone audio/visual recordings will be used.
 • Law Enforcement Officer Age Requirement- Allow individuals to enter the law
 enforcement academy if the individual will meet the current minimum age of 21 when the
 individual graduates from the academy.
 • Metropolitan Topeka Airport Authority (MTAA)- Supports legislative to receive a
 budgetary appropriation for expansion into the field of aircraft maintenance, repair and
 overhaul (MRO).
 • Local Government Employment Grants- Supports legislation to create programs that
 incentive individuals in hard to fill professions.

Presented at the November 12, 2024 Governing Body Meeting
 • CROWN Act- Supports the State to pass Creating A Respectful and Open World for
 Natural Hair Act.

Chairman Duncan thanked City Attorney Amanda Stanley for her work on preparing the
proposed resolution.

MOTION: Chairman Duncan made a motion to approve the 2025 Legislative Agenda and get on
the Governing Body Agenda November 12, 2024 for Discussion. Committee member Miller
seconded. Approved 3-0-0.



 ***************************




Presented at the November 12, 2024 Governing Body Meeting Page 2
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT
 Name of Policy & Finance
 Committee:

 Title: Resolution: 2025 Legislative Agenda

Date referred
from Council
 meeting:

Date referred October 22, 2024
 from
 Committee:

  Committee MOTION: Chairman Duncan made a motion to approve the
 Action: 2025 Legislative Agenda and get on the Governing Body
 Agenda November 12, 2024 for Discussion. Committee
 member Miller seconded. Approved 3-0-0.



  Comments:



 Members of Councilmembers Spencer Duncan (Chair), Marcus Miller,
 Committee: Michelle Hoferer
Agenda Date November 12, 2024
 Requested:
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 November 12, 2024


DATE: November 12, 2024
CONTACT PERSON: DOCUMENT #:
SECOND PARTY/SUBJECT: Public Comment PROJECT #:
 Protocol
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:
PUBLIC COMMENT PROTOCOL
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
Governing Body Rule 5.5

(c) Public Comment on a specific agenda item: Comments from members of the public concerning a
specific agenda item will be heard at the time the item is considered. Persons will be limited to addressing the
governing body one (1) time on a particular matter unless otherwise allowed by a vote of six (6) or more members
of the governing body.

(d) General public comment: Requests by members of the public to speak during the public comment portion
of a regular governing body meeting will be placed on the agenda on a "first-come, first-served" basis. The
request should state the name of the individual(s) desiring to be heard. Each such individual shall be limited to
addressing the governing body one (1) time and his or her comments shall be limited to topics directly relevant to
business of the governing body; provided however, that comments pertaining to personnel and litigation matters
shall not be allowed.

Procedures for Addressing the Governing Body
In accordance with Governing Body Rules 5.6 and 5.7, the following protocols for public comment apply:
 Each person shall state his or her name and city of residence in an audible tone for the record.
 All remarks shall be addressed to the Governing Body as a whole -- not to any individual member.
 In order to provide additional time for as many individuals as possible to address the Governing Body, each
 individual signed up to speak will need to complete his or her comments within four minutes.

The following behavior will not be tolerated from any speaker:

 Uttering fighting words
 Slander
 Speeches invasive of the privacy of individuals (no mention of names) Unreasonably Loud Speech
 Repetitious Speech or Debate
 Speeches so disruptive of proceedings that the legislative process is substantially interrupted

Any speaker who engages in this type of behavior will be warned once by the presiding office (Mayor). If the
behavior continues, the speaker will be ordered to cease his or her behavior. If the speaker persists in interfering
with the ability of the Governing Body to carry out its function, he or she will be removed from the City Council
Chambers or Zoom meeting room.

Members of the public, Governing Body and staff are expected to treat one another with respect at all times.
Zoom Meeting Protocol

 Make sure your Zoom name, email and/or phone number matches what was submitted to the City Clerk
 when you signed up for public comment. Any misnamed or unauthorized users will not be admitted to
 Zoom.
 Please keep your mic muted and your camera off until you are called by the Mayor to give your comment.
 If you are cut off during your comment time due to an internet connection or technical issue, you will need
 to submit your comments in writing to the City Clerk atcclerk@topeka.orgor 215 SE 7thStreet, Room
 012B, Topeka, KS 66603 for attachment to the minutes.
 If you break any of the public comment rules, you will receive one warning from the Mayor. If you continue
 any prohibited behavior, you will be removed from the Zoom meeting room and will not be allowed to rejoin.
 Public comment is limited to four minutes. You may receive an extension at the discretion of the Governing
 Body. The timer will be visible to you in the ‘City of Topeka Admin’ window on the Zoom app. Call-in users
 will hear one beep when a minute is remaining and then another beep when time has expired.
 Please do not share the Zoom login information with anyone. Any unauthorized users will not be admitted to
 the Zoom meeting room.
BUDGETARY IMPACT:
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Governing Body Minutes – November 12, 2024

 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, November 12, 2024. The

 Governing Body members of the City of Topeka met in regular session at 6:00 P.M. with the

 following Councilmembers present: Councilmembers Hiller, Valdivia-Alcala, Banks, Kell,

 Miller, Dobler, Duncan and Hoferer - 8. Mayor Padilla presided -1. Absent: Councilmember

 Ortiz – 1.

 Public comment for the meeting was available via Zoom or in-person. Individuals were

 required to contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org

 by no later than 5:00 p.m. on November 12, 2024, after which the City Clerk's Office provided

 the Zoom link information and protocols prior to the meeting start time. Written public

 comment was also considered to the extent it was personally submitted at the meeting or to the

 City Clerk's Office located at 215 SE 7th Street, Room 012B, Topeka, Kansas, 66603 or via

 email at cclerk@topeka.org on or before November 12, 2024, for attachment to the meeting

 minutes.

 AFTER THE MEETING WAS CALLED TO ORDER, Councilmember Dobler provided

 the invocation.

 THE PLEDGE OF ALLEGIANCE was recited by meeting participants.

 BOARD APPOINTMENT recommending the reappointment of Carole Jordan to the

Topeka Board of Zoning Appeals to fill a term ending December 1, 2027, was presented.

(Council District No. 1)




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 BOARD APPOINTMENT recommending the reappointment of Doug Snook to the

Board of Plumbing Examiners for a term ending December 31, 2026, was presented. (Council

District No. 7)

 BOARD APPOINTMENT recommending the appointment of Toby Taggart to the Board

of Building and Fire Appeals for a term ending September 6, 2026, was presented. (Outside City

Limits)

 Councilmember Dobler moved to approve the appointments. The motion seconded by

Councilmember Banks carried unanimously on roll call vote. The mayor does not vote. (8-0-0)

 PRESENTATION on the City of Topeka Fire Medical Transport Analysis Report was

provided by Isabel Ebersole, Tom Jenkins and Jeremy Wade, Wichita State University Public

Policy & Management Center.

 Councilmember Dobler asked for further explanation concerning the recommendation of

having three TFD Ambulances supporting the existing EMS System and only responding to high

priority call types.

 Tom Jenkins reported currently ambulances respond to Topeka Fire Department high-risk

incidents that are considered high-risk situations to firefighters; however, TFD ambulances could

be viewed as additional resources to be used during these situations.

 Councilmember Kell asked if the service would be considered a new classification for

Topeka Fire Department trainees. He also inquired on the cost of an ambulance unit and if

implementing the service by the 2nd Quarter of 2027 was realistic as it relates to staffing and call

volume.




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 Randy Phillips, Topeka Fire Chief, reported they intend to cross train for both Ambulance

Service and Fire Apparatus Service; and the cities of Lawrence and Kanas City, Kansas, have

recently purchased an ambulance unit costing between $400,000 to $450,000 excluding the cost

of personnel. He stated additional personnel would need to be hired to implement the program;

however, he was confident the additional staff could be hired and trained within the time frame

suggested.

 Councilmember Dobler referenced the baseline service of five Advanced Life Support

Units within the city of Topeka and questioned if the City currently receives the baseline service

level from AMR.

 Tom Jenkins said five Advanced Life Support Units are an appropriate service level in the

city of Topeka and their main focus was to achieve this at all times.

 Councilmember Banks questioned if the current staffing level of the Topeka Fire

Department could efficiently accommodate the proposed recommendations.

 Jeremy Wade said they would begin to address staffing needs by providing additional

training to Firefighters already trained to perform Basic Life Support (BLS) so they can perform

Advanced Life Support (ALS) procedures.

 Councilmember Hiller questioned the need for additional emergency services and noted,

the report stated all emergency needs and response times were being met.

 Tom Jenkins spoke to the importance of the recommendation and its intent to resize the

geospatial boundaries and noted, the current ambulance service provider assessment includes

various zones not just Topeka, and benchmarks are based on call priority.




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 Councilmember Duncan stated routine service reports are posted online highlighting

areas where improvement was needed. He expressed his disappointment with not having baseline

program costs included in the Presentation making it a difficult decision. He questioned if they

have considered providing only Transport Services instead of Emergency Medical Transport

Services, and if there was a cost savings associated with a reduced service level.

 Fire Chief Phillips reported Staff has been researching the cost associated with

transportation services including the need for additional manpower and the hiring of a third-party

contractor to provide billing services.

 Councilmember Dobler stated it was not sustainable to continue to increase the pay of

firefighters in order to provide Emergency Medical Services to city residents. He spoke in

support of addressing the recommendations one step at a time, starting with the negotiation of an

improved service contract with Shawnee County that would include appointing a Board of

Experts as recommended in the report to weigh in on what the City needs to do to reach the goal

of having five ALS units available in the city at all times and beyond, as well as other

recommendations.

 Mayor Padilla stated he concurs with Councilmember Dobler and spoke to the

importance of providing the best service at the lowest price.

 Governing Body Members thanked the Wichita State University Team for the report and

recommendations.

 APPROVAL of CONTRACT NO. 52498 a Utilities Engineering Contract Amendment

between the City of Topeka and Recreation Engineering & Planning, in an amount not to exceed

$89,800 for engineering services, was presented.

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 APPROVAL of CONTRACT NO. 52499 a Utilities Engineering Contract between the

City of Topeka and Bartlett and West, Inc., in an amount not to exceed $175,000 for engineering

services, was presented.

 MINUTES of the regular meeting on October 15, 2024, was presented

 Councilmember Dobler moved to approve the consent agenda. The motion seconded by

Councilmember Banks carried unanimously on roll call vote. (9-0-0)

 RESOLUTION NO. 9595 introduced by the Public Infrastructure Committee comprised

of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler, amending the 2025-2034

Capital Improvement Plan (CIP) and 2025-2027 Capital Improvement Budget (CIB) to include

Project No. 281361, was presented. (The Public Infrastructure Committee recommended

approval on October 15, 2024.)

 Sylvia Davis, Utilities Director, reported approval would amend the CIP and CIB to add

the project and authorize a total project budget in the amount of $74,280,000, a maximum

amount based on the current status of the lead service line inventory. She stated more than likely,

the amount of funding needed to address the federal mandate will be much less and it was

possible 50% of the loan principle could be forgiven.

 Councilmember Dobler thanked Staff for the detailed explanation and planning for the

worst-case-scenario.

 Councilmember Valdivia-Alcala encouraged Staff to be mindful of how notifications are

written to avoid confusion by customers. She asked if there would be any cost to the consumer as

it relates to the replacement of lines.

 Utilities Director Davis reported the City was required to use a certain brochure supplied

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by the State of Kansas; however, the City will provide additional information along with a QR

code for Spanish speaking individuals in the notice.

 Dr. Robert M. Perez, City Manager, reported the owner will be responsible for costs of

replacement within private structures.

 Councilmember Duncan questioned why the engineering costs for the project was 19% of

the project cost compared to the average cost of 10%.

 Councilmember Hiller stated she would oppose the resolution at this time because she

believes the concept of repair could be scaled back resulting in a significant reduction in funding

requirements as well as no reference has been made to the possible use of grant funds.

 Councilmember Kell thanked Staff for their work on the project and for asking for an

amount that could cover potential problems that may arise. He stated the longer they wait the

more expensive the repairs will be.

 Councilmember Duncan thanked Staff for addressing the Federal mandate and taking the

initiative to secure State funding before it was depleted.

 Councilmember Dobler moved to approve the resolution. The motion seconded by

Councilmember Kell carried on roll call vote. Councilmember Hiller voted “no.” (8-1-0)

 PUBLIC HEARING

 PUBLIC HEARING concerning a proposed loan in an amount not to exceed $74,280,000
 to be taken by the City of Topeka from the Kansas Public Water Supply Loan Fund
 administered by Kansas Department of Health and Environment (KDHE) pursuant to
 KSA 65-163c et seq.

 RESOLUTION NO. 9596 introduced by City Manager Dr. Robert M. Perez, authorizing

the filing of an application to the Kansas Department of Health and Environment regarding a


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loan from the Kansas Public Water Supply Loan Fund, was presented. (Utilities Project No.

281361)

 Mayor Padilla opened the public hearing and asked if there was anyone present who

would like to speak to the matter.

 Upon no one appearing the public hearing was closed.

 Sylvia Davis, Utilities Director, reported approval would authorize Staff to proceed with

the preparation and execution of a loan agreement with KDHE for the purposes of permanently

financed costs related to inventorying or replacing lead service lines.

 Councilmember Kell moved to approve the resolution. The motion seconded by

Councilmember Banks carried on roll call vote. Councilmember Hiller voted “no.” (8-1-0)

 CONVEYANCE of real estate to the State of Kansas for $3,685,887.76, was presented.

(Contract No. 52489)

 Braxton Copley, Assistant City Manager, reported approval would convey the current

light duty fleet garage located 210 SE 4th Street to the State of Kansas. He stated the State of

Kansas would be constructing a new viaduct to replace the existing Polk Quincy viaduct directly

over the existing light duty fleet garage facility. He reported KDOT has negotiated the purchase

price of $3,685,887.76 to compensate the City for the real estate and improvements. He noted

this amount was separate from the cost of relocation assistance estimated to be $3.19 million

which will be reimbursed to the City once it has physically relocated to the new facility.

 Councilmember Hiller thanked Staff for working with KDOT to realize as much savings

as possible on the overall proposal to relocate the fleet service garage.




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 Councilmember Hiller moved to approve the conveyance of real estate to the State of

Kansas in the amount of $3,685,887.76. The motion seconded by Councilmember Kell carried

unanimously on roll call vote. (9-0-0)

 APPROVAL of CONTRACT NO. 52490 a three-year labor agreement between the City

of Topeka and Teamsters Local No. 696, representing street maintenance employees, was

presented.

 Tony Trower, Public Works Deputy Director, reported approval would provide the terms

and conditions of the employee-employer relationship as tentatively agreed to between

Management and the Union. He stated Staff was recommending approval.

 Councilmember Dobler moved to approve the labor agreement. The motion seconded by

Councilmember Valdivia-Alcala carried unanimously on roll call vote. (9-0-0)

 ORDINANCE NO. 20531 introduced by the Public Health and Safety Committee

comprised of Councilmembers Karen Hiller, Christina Valdivia-Alcala, David Banks and

Spencer Duncan, concerning pest elimination responsibilities set forth in the 2012 International

Property Maintenance Code, amending 8.60.170 of the Topeka Municipal Code and repealing

the original section, was presented. (The Public Health and Safety Committee recommended

approval on October 23, 2024.)

 Councilmember Hiller reported approval would amend the Topeka Municipal Code

concerning pest elimination responsibilities by adding language to clarify the landlord as well as

the tenant has the responsibility when more than one unit in a multi-family property was

affected.

 Councilmember Valdivia-Alcala asked the Governing Body to approve the ordinance as

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it supports the City’s Changing Our Culture of Property Maintenance initiative.

 Councilmember Hiller moved to adopt the ordinance. The motion seconded by

Councilmember Valdivia-Alcala carried. The Mayor did not vote. (The proposed ordinance

involves a matter of home rule on which the Mayor has veto authority.)

 The ordinance was adopted on roll call vote as follows: Ayes: Valdivia-Alcala, Banks,

Kell, Miller, Dobler, Duncan, Hoferer -7. Noes: Hiller -1.

 DISCUSSION of design options for the SW Huntoon Street Design Project from Gage

Boulevard to Harrison Street, was presented.

 Sandra Lassiter spoke in support of a safe design option for the street. She thanked

Tennessee Town NIA members for staying involved in street design processes. She distributed a

handout regarding sponsorship of the International Academy.

 Jeff Lolley, Bartlett & West Engineers Project Manager, stated the City of Topeka and

the Bartlett & West Engineering project team was seeking direction from the Governing Body on

which of the following three design options for the SW Huntoon Street Project:

 • Option No. 1: Street Maintenance Only. This option includes utility repair and
 replacement, and 'as-is' sidewalk and street repair and replacement. This option does
 not include any complete street elements (no bike lanes or shared use paths, and no
 lighting, landscaping, or driveway improvements).
 • Option No. 2: Full Design with a single-lane configuration plus Complete Streets
 elements. This design offers three sub-options including (1) One driving lane + bike
 lane; (2) One driving lane + bike lane + on-street parking; and (3) One driving lane +
 on-street parking. This option would include lighting, landscaping and driveway
 improvements.
 • Option No. 3: Full Design with a two-lane configuration + Complete Streets elements
 with no bike lane and/or street parking that could be utilized for Huntoon Street. This
 option includes lighting, landscaping, and driveway improvements.




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He provided an overview of the Public Involvement Meetings held June 20, 2024, July 23, 2024,

and September 9, 2024. He stated the results of the survey were discussed at the September 9,

2024, meeting and were as follows and they were recommending Option No. 2:


 • 3% of respondents voted for Option No. 3. Street Maintenance Only. (No Complete
 Streets Elements). Estimated $7 to $9 million for construction in 2024.
 • 77% of respondents voted for Option No. 2. Full Design with Single-Lane Road and
 Complete Streets Elements. Estimated $13.3 million for construction in 2024 and
 $14.9 million for construction in 2027.
 • 20% of respondents voted for Option No. 3. Full Design with Two-Lane Road and
 Complete Streets Elements. Estimated $12.7 million for construction in 2024.
 Estimated $14.2 million for construction in 2027.

 Councilmember Kell spoke in support of Option No. 2. He questioned if the design was

studied during rainy conditions and if it would address storm water issues. He also inquired on

the design plan for trees and vegetation.

 Braxton Copley, Assistant City Manager, stated the report covers a high-level design

concept and storm water issues would be addressed as needed. He said they would be flexible in

the design and needs of trees and vegetation.

 Councilmember Ortiz entered the room.

 Councilmember Hoferer expressed concern with the proposed concept and how it will

impact homeowners as it relates to responsibilities such as snow removal. She stated she

understands the need for an upgrade to the water line. She spoke in opposition of the “bump out”

parking concept and the close proximity of the shared 10-foot use path. She requested an option

that would offer a compromise and address her concerns.

 Councilmember Ortiz expressed concern with residents understanding what they are

responsible for as it relates to the proposed design and maintenance of trees.

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 Councilmember Hiller thanked Mr. Lolley for providing a detailed presentation. She

stated she supports the Complete Streets Concept; however, she was unsure about reducing the

street from two-lanes to one-lane.

 Mayor Padilla thanked Staff and Bartlett & West for the detailed report and engaging the

residents in the design process.

 DISCUSSION regarding the 2025 City of Topeka Legislative Agenda, was

presented. (The Policy and Finance Committee recommended approval on October 22, 2024.)

 Steve Vogel referenced the Housing Priority and spoke in opposition of infringing on

personal property rights as it relates to compliant driven code compliance issues and housing.

 Councilmember Duncan, Policy and Finance Committee Chair, reported the Committee

recommended approval of the proposed resolution and highlighted the new items being proposed

as follows:

 • Property Tax Valuation: City of Topeka has a vested interest in an equitable and
 sustainable valuation system to include using a rolling average system.
 • Revenue Neutral Process: The State of Kansas should be transparent and abide by the
 same limitations, restrictions, and requirements which includes taking a vote to exceed
 the revenue neutral rate. Ask the State to work together on innovative approaches to
 reduce property taxes.
 • Sales Tax: The City of Topeka to have voter approved local sales taxes without
 interference from the county and continue to be able to determine voter-approved local
 sales tax allocations.
 • Firefighter Helmet Cameras: Support the ability of local governments to determine when
 and how helmet cameras and drone audio/visual recordings will be used.
 • Law Enforcement Officer Age Requirement: Allow individuals to enter the law
 enforcement academy if the individual will meet the current minimum age of 21 when the
 individual graduates from the academy.
 • Metropolitan Topeka Airport Authority (MTAA): Supports legislative to receive a
 budgetary appropriation for expansion into the field of aircraft maintenance, repair and
 overhaul (MRO).
 • CROWN Act: Supports the State to pass Creating a Respectful and Open World for
 Natural Hair Act.

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 • Housing: Giving support for legislation allowing cities to require mandatory inspection
 for landlords plus giving cities additional tools to deal with vacant and abandoned
 housing.
 • Local Government Employment Grants: Supports legislation to create programs that
 incentive individuals in hard to fill professions.

 Councilmember Valdivia-Alcala thanked the Committee for proposing priorities that are

on point for the City. She spoke to the importance of collaborating with the Shawnee County

Delegation to address the priorities that are vital to the City of Topeka to thrive and making sure

the City of Topeka was being heard at the state level.

 Whitney Damron, City of Topeka Lobbyist, reported the Shawnee County Delegation

Chair remains actively involved in the interests of municipalities.

 Amanda Stanley, City Attorney, stated they spend a significant amount of time in

presession meetings with all delegates as well as continued communication through the

legislative session.

 Councilmember Valdivia-Alcala referenced the proposed legislative agenda and noted

these types of issues are happening to all municipalities across the state of Kansas. She spoke of

the importance of making sure the voice of Topeka was being heard.

 Whitney Damron noted that the resolution being proposed includes 5 of the 7 priorities of

the League of Kansas Municipalities.

 Councilmember Hiller referenced the unfunded mandates of the Polk-Quincy Viaduct and

the removal of Lead Pipe Waterlines and hoped these will be included on the Legislative Agenda.

She spoke to the importance of Property Tax evaluations and suggested there be an option of

payment in leu of taxes for vacant buildings. She questioned the need for the Housing Inspection




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priority and referenced Federal programs assigned to conduct annual inspections, and how it

relates to the City’s ability to enter homes and inspect if a problem was observed.

 Councilmember Valdivia-Alcala pointed out that many multi-family dwellings have

fallen between the cracks due to Federal programs failing to sufficiently conduct inspections.

 City Attorney Stanley reported Federal agencies do not have the resources or time for the

inspections, and without a change in the law, the City does not have the authority to conduct

mandatory and/or necessary inspections.

 PUBLIC COMMENT was provided by the following individual:

 Chance Larimar thanked Governing Body members for serving their constituents. He

spoke in support of hiring Major Russell Klumpp as the next Topeka Police Chief.

 ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF

THE COUNCIL;

 Councilmember Hoferer recognized recent Topeka Police Academy graduates.

 Councilmember Hiller recognized Mayor Padilla for his participation in the 2024 State of

Community Address. She questioned if the Police Department could create and distribute a list

of places that provides headlights for bicyclists.

 Councilmember Ortiz thanked veterans and active duty military for their service.

 Councilmember Kell recognized the 249th Birthday of the United States Marine Corps.

He thanked Hotel Topeka for hosting recent events for hotel customers and area residents and

noted, it was a great way to generate revenue for the Hotel.

 Mayor Padilla announced the Governing Body was seeking five civically minded

individuals who shall be as representative of the City as possible to serve on the Citizen

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Government Review Committee. This Committee would be tasked with studying and reviewing

the City of Topeka’s form of government and making recommendations to the Governing Body

for amendments and modifications. The Mayor’s Office will be accepting applications for the

Committee until Monday, December 2, 2024. Required qualifications, the person must be a

registered voter that resides within city limits; and be available between January and June of

2025 for a substantial time commitment to meet and complete the required report to the

Governing Body. In addition to the qualifications, it is preferred that applicants have a basic

understanding of the City’s current form of government; demonstrate the ability to be impartial

and objective; possess sound communication and listening skills as well as lead and function

well in a group. Applicants can apply online at www.topeka.org/mayor/boards-commissions;

call the Mayor’s office at 785-368-3895; or email the Mayor’s Office at mayor@topeka.org. He

stated if the Mayor’s Office receives sufficient applications by the December 2, 2024, deadline

five appointments will be considered for approval by the Governing Body on December 10,

2024; and the resolution convening the Committee will be considered for approval by the

Governing Body on December 17, 2024.

 Following a 10-minutes recess, Councilmember Dobler moved to recess into executive

session for a time not to exceed 1-hour to discuss personnel matters involving an individual

employee as allowed under KSA 75-4319(b)(1). The open meeting will resume in the City

Council Chambers. The following individuals will be necessary to aid the Governing Body in its

discussion, City Manager Dr. Robert M. Perez and anyone else he deems necessary. The motion

was seconded by Councilmember Kell.




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 Mayor Padilla asked all those in favor of recessing into executive session to indicate so

by verbally saying “yea” and those opposing to indicate so verbally by saying “no.” The motion

carried unanimously on voice vote. (10-0-0)

 At the conclusion of the executive session, the meeting reconvened into open session and

Mayor Padilla announced no action was taken during the executive session.

 Councilmember Ortiz moved to extend the meeting past 10:00 p.m. The motion was

seconded by Councilmember Duncan.

 Mayor Padilla asked all those in favor of extending the meeting past 10:00 p.m. to

indicate so by verbally saying “yea” and those opposing to indicate so verbally by saying “no.”

The motion carried unanimously on voice vote. (10-0-0)

 Councilmember Duncan moved to recess into executive session for a time not to exceed

45 minutes to discuss applicants for the Chief of Police as allowed under KSA 74-319(b)(1). The

open meeting will resume in the City Council Chambers. The following individuals will be

necessary to aid the Governing Body in its discussion, City Manager Dr. Robert M. Perez and

anyone else he deems necessary. The motion was seconded by Councilmember Dobler.

 Mayor Padilla asked all those in favor of recessing into executive session to indicate so

by verbally saying “yea” and those opposing to indicate so verbally by saying “no.” The motion

carried on voice vote. Councilmember Ortiz voted “no.” (9-1-0)

 At the conclusion of the executive session, the meeting reconvened into open session and

Mayor Padilla announced no action was taken during the executive session.

 NO FURTHER BUSINESS appearing the meeting adjourned at 10:14 p.m.




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(SEAL)

 Brenda Younger City Clerk




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