Governing Body — Topeka, KS
Date: 2024-12-03

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




 Governing Body Agenda
 December 3, 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 - Board of Building and Fire Appeals

 BOARD APPOINTMENT recommending the appointment of Sam Stallbaumer to the
 Board of Building and Fire Appeals for a term ending December 6, 2026. (Resides in
 Shawnee County and operates business within City limits.)

 B. Board Appointment - Topeka Landmarks Commission

 BOARD APPOINTMENT recommending the reappointment of Christine Steinkuehler
 to the Topeka Landmarks Commission for a term ending December 31, 2027. (Council
 District No. 1)

 C. Board Appointment - Board of Mechanical Appeals

 BOARD APPOINTMENT recommending the appointment of Jason Jones to the
 Board of Mechanical Examiners for a term ending December 3, 2026. (Council District
 No. 2)

 D. Board Appointment - Metropolitan Topeka Airport Authority

 BOARD APPOINTMENT recommending the appointment of Carlos Cortez to the
 Metropolitan Topeka Airport Authority Board for a three-year term ending November
 30, 2027. (Council District No. 6)

 E. Resolution - 2025 Topeka Land Bank Board of Trustees

 RESOLUTION introduced by Councilmember Spencer Duncan approving the
 members of the Land Bank Board of Trustees.
 Voting Requirement: Action requires at least five (5) votes of the City Council. The Mayor does
 not vote.

 (Approval would appoint Councilmember Spencer Duncan, Rhiannon Friedman, ShaMecha King-
 Simms, James Reardon and Manny Herron to the Topeka Land Bank Board of Trustees for a term
 ending December 31, 2025.)

3. CONSENT AGENDA:
 A. Ordinance - Dynamic Core TIF District - Removing Neighborhood Revitalization Program
 Properties
 ORDINANCE introduced by City Manager Dr. Robert M. Perez, removing certain real property
 from the Dynamic Core Redevelopment District.

 (Approval would remove the listed properties from the Dynamic Core TIF District because the
 properties have been approved for participation in the neighborhood revitalization rebate program.)

 B. MINUTES of the regular meeting of November 19, 2024
 C. APPLICATIONS:

4. ACTION ITEMS:
 A. Development Agreement - TGT Funds - Amendment

 APPROVAL of the Amendment No. 1 to Contract No. 52270 between the City of
 Topeka and Downtown Topeka Foundation specifying the rights and responsibilities
 relating to the ice rink project.
 Voting Requirement: Action Requires at least six (6) votes of the Governing Body.

 (Approval of the Ice Rink development agreement amendment.)

 B. Authorize Public Hearing Date - 2024 Budget Amendments

 AUTHORIZING a public hearing date of December 17, 2024, for the purpose of hearing and
 answering objections of taxpayers relating to the proposed amendments to the 2024 Operating
 Budget.

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

 (Approval authorizes publication of the Public Hearing Notice. Proposed amendments total
 $3,080,000. An increase from $130,581,319 to $133,661,318.)

5. NON-ACTION ITEMS:
 A. Discussion - Topeka Performing Arts Center, Inc. Agreement for Supplemental Operational
 Funding

 DISCUSSION of operational funding agreement between the City of Topeka and the
 Topeka Performing Arts Center, Inc. (TPAC.)

 (Approval will authorize the City Manager to sign and execute the contract, providing supplemental
 operational funding up to $150,000 per year from the date of execution through December 31, 2026,
 with an option to renew for two additional two-year periods by mutual written agreement.)

 B. Discussion - American Medical Response (AMR) Franchise Renewal

 DISCUSSION concerning a nonexclusive franchise to American Medical Response to operate
 an ambulance service within the City of Topeka until December 31, 2025.

 (Approval would renew the AMR franchise for 2025.)

6. 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/.
7. ANNOUNCEMENTS:
8. 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.)

9. ADJOURNMENT:
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 December 3, 2024


DATE: December 3, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Board of Building and PROJECT #:
 Fire Appeals
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

BOARD APPOINTMENT recommending the appointment of Sam Stallbaumer to the Board of
Building and Fire Appeals for a term ending December 6, 2026. (Resides in Shawnee County and
operates business within 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 Kell nominates and Mayor Padilla recommends the reappointment of Sam Stallbaumer to the
Board of Building and Fire Appeals for a two-year term that will end December 6, 2026. The position requires the
member be a licensed architect and live within the city. Mr. Stallbaumer meets these requirements.
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
S. Stallbaumer - Reappt Application
City of Topeka Boards and Commissions
Application
Submitted on 9 September 2024, 6:10PM

Receipt number 268

Related form version 8



Profile
First Name Sam


Last Name Stallbaumer


Email Address samstallbaumer@kbsci.com


Street Address 1701 SW 41st Street


Suite or Apt


City Topeka


State Kansas


Zip 66609


Are you a resident of the City of Topeka? No


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


Primary Phone 785 224 8249


Alternate Phone 785 266 4222


Employer KBS Constructors, Inc.


Job Title COO


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 continue to serve on the BBFA to give back to the
commission: communities that I work in and around, and to help with the duties of the
 board.



Interests & Experiences
Please describe your education, experience, and expertise I have a bachelors degree in construction science and management from
including any honors, awards, civic, cultural, charitable or KSU and have worked in the commercial construction industry in
professional organization memberships that relate to the Topeka/Shawnee County and the surrounding areas since 1997.
position you are seeking.


List any professional licenses you hold in Kansas and advise if I have the ICC credentials for Commercial General Contractors license.
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 SamS Bio.pdf
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
 December 3, 2024


DATE: December 3, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Topeka Landmarks PROJECT #:
 Commission
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

BOARD APPOINTMENT recommending the reappointment of Christine Steinkuehler to the
Topeka Landmarks Commission for a term ending December 31, 2027. (Council District No. 1)

VOTING REQUIREMENTS:
Majority vote of the City Council (5). Mayor does not vote.
POLICY ISSUE:
The purpose of the Landmarks Commission is to advise the city council on historic assets and to safeguard the
architectural and cultural heritage of the community through the preservation of historic resources, historic
landmarks and districts. The commission may carry out these duties through the identification, documentation and
designation of historic assets; development and implementation of a historic preservation plan; administration of
ordinances governing the designation, alteration and removal of historic assets; assistance with educational and
incentive programs, economic development and tourism, and coordination of public and private historic
preservation activities.
STAFF RECOMMENDATION:
Mayor Padilla recommends the appointment of Christine Steinkuehler for a three-year term that ends December
31, 2027.
BACKGROUND:
The Topeka Landmarks Commission is a nine member board and membership shall be comprised of people who
have a demonstrated interest in historic preservation through their community and/or professional involvements.
The members of the commission shall be drawn from such backgrounds as architecture, history, landscape
architecture, architectural history, planning, archaeology, urban design, neighborhood and community
development, geography, real estate, law, finance, building trades or related areas.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
C. Steinkuehler - Reappt. Application
City of Topeka Boards and Commissions
Application
Submitted on 23 October 2024, 6:13AM

Receipt number 285

Related form version 8



Profile
First Name Christine


Last Name Steinkuehler


Email Address christine@steinkuehler.net


Street Address 222 sw greenwood ave


Suite or Apt


City Topeka


State Kansas


Zip 66606


Are you a resident of the City of Topeka? Yes


What district do you live in? District 1


Primary Phone 7855545436


Alternate Phone 7855545436


Employer USD 501


Job Title gifted facilitator


Which Board would you like to apply for? Topeka Landmarks Commission


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 have been on this board since 2016. I live in a historic property and
commission: have owned several. I have taken all architectural history classes offered
 at KU and attend continuing education when I can. Therefore I feel that I
 understand both the National Register guidelines and citizens
 perspectives.



Interests & Experiences
Please describe your education, experience, and expertise KSHS Tilden Grant--for research
including any honors, awards, civic, cultural, charitable or ESU Special Education Graduate Student of the Year
professional organization memberships that relate to the 2020-22 Kansas State Library Selection Committee Member
position you are seeking. Friend of Bethany Place Gardens

 I have been reading, researching and speaking about Topeka history for
 years, officially 17--that is when I began freelance writing for Sunflower
 Publications. I bring a depth of knowledge about the significance of
 buildings to local and state history.


List any professional licenses you hold in Kansas and advise if Kansas 6-12 Social Studies teaching
they are current. (We reserve the right to request a copy of Kansas K-12 Special Education --Gifted teaching license
your license prior to approval of your appointment.)


**Please upload a resume or any additional information you resume.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




 2 of 3
Your electronic signature




 Link to signature


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
 December 3, 2024


DATE: December 3, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Board of Mechanical PROJECT #:
 Examiners Appeals
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

BOARD APPOINTMENT recommending the appointment of Jason Jones to the Board of
Mechanical Examiners for a term ending December 3, 2026. (Council District No. 2)

VOTING REQUIREMENTS:
At least five (5) votes of the City Council is required. Mayor does not vote.
POLICY ISSUE:
The Board of Mechanical 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 Valdivia-Alcala nominates and Mayor Padilla recommends the appointment of Jason Jones to the
Board of Mechanical Examiners for a term ending December 3, 2026. The position requires the member hold a
mechanical master license. Mr. Jones 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 masters licensed in the particular trade, 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. 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
J. Jones - Application & Resume
City of Topeka Boards and Commissions
Application
Submitted on 8 November 2024, 5:20PM

Receipt number 291

Related form version 9



Profile
First Name Jason


Last Name Jones


Email Address r1upon101@gmail.com


Street Address 1916 NE Monroe St.


Suite or Apt


City Topeka


State Kansas


Zip 66608


Are you a resident of the City of Topeka? Yes


What district do you live in? District 2


Primary Phone 7854092450


Alternate Phone


Employer Lower


Job Title Project Manager


Which Board would you like to apply for? Board of Mechanical 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 believe with my 20 plus years in all aspects of the construction industry
commission: and code experience would be an asset to our city. I try my best to give
 back to my community that has been so good to me and my career, I
 currently participate on IAPMO committees and as a board member for
 washburn tech. I currently hold a masters license in both Mechanical
 and plumbing and with to put my knowledge to benefit the citizens of the
 City of Topeka. Thank you for your consideration.



Interests & Experiences
Please describe your education, experience, and expertise I serve as a board member for wasburn tech
including any honors, awards, civic, cultural, charitable or This past year i served on an IAPMO committee that was responsible for
professional organization memberships that relate to the the addition of a new appendix concerning the introduction of hydrogen
position you are seeking. into natural gas systems. I have lectured at multiple University
 throughout Kansas covering topics associated with the Mechanical
 industry.


List any professional licenses you hold in Kansas and advise if City of Topeka Master Mechanical license
they are current. (We reserve the right to request a copy of City of Topeka Master Plumbing license
your license prior to approval of your appointment.) Both are current and up to date


**Please upload a resume or any additional information you 17311079467063513124212335188026.jpg
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


 2 of 3
 Link to signature


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
 Jason D. Jones
 1916 NE Monroe St. • Topeka, KS 66608 • (785) 409-2450 • r1upon101@gmail.com


 OBJECTIVE
I have over 20 years in the Building Construction industry as a certified master plumber and
plumbing inspector. I have passed all the ICC residential building inspector exams, IAPMO
residential and commercial plumbing and mechanical inspectors exams and keep my residential
and keep my master plumbing and mechanical licensees current with the city of Topeka. I have
a proven ability to read blueprints, drawings, and specifications to determine a client's
requirements, and then to install and service those systems. Able to work in cooperation with
other trades contractors, and owners, having an understanding of relevant building codes,
legislation, and regulations. Working in the service industry I have proven sales and customer
service skills. I am a very ambitious and outgoing person, I pay very close attention to detail. I
have a very reliable network of highly qualified contractors and technicians at my disposal to
help with any difficult situational questions that may arise. My service as an inspector has
exposed me to how a city government works, including how the building permitting process
works. I have great relationships with a lot of officials at the City of Topeka in varying
departments, as well as some in Douglas County and the City of Lawrence.
 Working in local government has taught me how to put my personal opinions aside and
to objectively see both sides of every situation. I also am able to work closely and with the
community to gain compliance in a calm demeanor. I love to learn and face new challenges
head on! Ready and qualified for the next stage in a successful career.

Certifications:
UPC Commercial and Residential plumbing & mechanical Inspector Certified
ICC R5 Residential Combination Inspector Certified
ICC B1 Residential Building Inspector Certified
ICC M1 Residential Mechanical Inspector Certified
ICC P5 Plumbing Inspector Certified
ICC P1 Residential Plumbing Inspector Certified
ICC P2 Commercial Plumbing Inspector Certified
ICC E1 Residential Electrical Inspector Certified
UPC Residential and Commercial Plumbing Inspector Certified
Licensed Master Plumber & Mechanical licensed
Gastite Certified
Uponor Certified
Tracpipe Certified
ASSE 6020 Medical Gas Inspector
Experience with Cityworks and Bluebeam Software


 WORK EXPERIENCE




Lower Plumbing & HVAC
11/2024- Present
Commercial HVAC project manager and estimator
Manage and estimate commercial HVAC projects.

Senior Plumbing Inspector, Multi-trade inspector
6/2017 - 11/2024
City of Topeka, Kansas
My job duties include ensuring that all adopted codes and ordnances are being adhered too,
inspecting both commercial and residential projects from beginning to completion. Assisting
architects, engineers and developers at all phases of their projects to ensure the project moves
forward with minimal setbacks and problems. Helping homeowners with their repair and remodel
jobs to obtain compliance and their home stays a safe home. Assisting the local trade board in
reviewing the 2018 Uniform plumbing code for adoption. Reviewing plans for commercial buildings
for compliance. Working together with other department within the city to make our city a safer
place.



Licensed Plumber 10/2011 – 6/2018
Conrad Plumbing, Lawrence, KS United States
Performed plumbing services for Lawrence and Douglas County area, we plumb 2 to 3 new
houses a year, we install process piping for local manufacturer plants in town, and we service
the public and all their plumbing needs. Being in the service industry I have had to be a
technician, salesman and customer service representative all in one, working with homeowners
personally to answer and solve all of there concerns means I have to be likeable, presentable
and efficient to ensure that not only they are happy with the results, but they will remember our
company for their future needs. Plumbing duties include repair of fixtures and equipment,
installing water heaters, designing layout and properly sizing of DWV, gas and water systems
for new residential homes. Bathtub and shower repairs. Installing Victaulic piping systems and
stainless steel process piping systems




Licensed Plumber 07/2009 - 10/2011
Simco Plumbing and Drain Cleaning, Laurel, Mississippi
Simco is primarily a fire protection company. We installed fire protection systems including
sprinkler systems for serveral buildings on the University of Southern Mississippi campus as
well as other commercial buildings in the area. On the weekends, we also did process piping for
one of the major poultry processors in the area at several of their locations across the state of
Mississippi. Some of the other duties performed were commercial drain cleaning and duct work
and sheet metal fabrication. Plumbing duties included stainless steel high pressure and sanitary
piping systems, manufacturing and installing drain pans under equipment that may contaminate
food products, repairing broken drain lines.and victolic systems.


Licensed Plumber 07/2008 - 08/2009
David Herring Contractors, Laurel, Mississippi
The company is a millwright company by trade. We worked in a transformer manufacturing
plant, building various types of equipment for production including roller beds, multi-colored
paint booth assemblies, automated sandblasting stations and other equipment. We would very
frequently have to remove concrete to remove or install a peice of equipment where I learned to
finish concrete surfaces. I performed all the companies plumbing services. We also installed
roofing and metal siding services (shingle and metal roofs).


Plumbing & Mechanical Apprentice/Journeyman 2002 - 2008
Pat L. McKenzie Inc., Ellisville, Mississippi
At McKenzie Inc., my plumbing career began. I started at the very bottom and worked my way
up. The company would primarily build new buildings for the University of Southern Mississippi
from the ground up. My job duties included the mechanical side of the company, running
ductwork and also setting air handlers and cooling towers. Plumbing duties included installing
DWV cast iron through 8 inch, installing copper piping systems up to 4 inch, pipe fitting for a
welder installing iron pipe chilled and heating water lines through 8 inch, installing ADA
complaint fixtures, obtained certifications to install medical gas systems, installed single room
(fancoils units) heating/cooling units, threaded pipe gas lines. I was involved in building the new
wing of Forrest County General Hospital as well.



Assistant 1998 - 2002
Johnny Maxey Construction, Ellisville, Mississippi
The company owner is a carpenter and handyman who does a little bit of everything. I assisted
him in various tasks on the weekends and summers such as building porches, pouring concrete
slabs, and even building new homes.


 EDUCATION
South Jones High School Ellisville, Mississippi 2002
High School Diploma




 SKILLS




• Read and understand blue prints
• Able to locate and resolve unsafe situations
• Wide area of expertise
• Dependable and Organized
• Articulate and Well-Spoken
• Customer Service Oriented
• Excellent planner and coordinator
• Works well under pressure
• Savvy in computer and other technologies
• Has a clear understanding of many code editions and able to render consistent
interpretations
• Plan review
• Over 20 years of commercial and residential construction experience


References and Certifications available upon request
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 December 3, 2024


DATE: December 3, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Metropolitan Topeka PROJECT #:
 Airport Authority
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

BOARD APPOINTMENT recommending the appointment of Carlos Cortez to the Metropolitan
Topeka Airport Authority Board for a three-year term ending November 30, 2027. (Council
District No. 6)

VOTING REQUIREMENTS:
At least five (5) votes of the City Council is required. Mayor does not vote.
POLICY ISSUE:
The MTAA has responsibility for development, improvement, operation and maintenance of public airport facilities
in the city of Topeka and Shawnee County
STAFF RECOMMENDATION:
Mayor Padilla recommends the appointment of Mr. Cortez for a three-year term ending November 30, 2027.
BACKGROUND:
The board of directors shall consist of five members. Three members shall be registered voters and city residents
who are appointed by the Mayor with the approval of the City Council. Two members shall be Shawnee County
residents residing outside the Topeka city limits and are appointed by the Shawnee County Commission.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
C. Cortez - Application & Resume
City of Topeka Boards and Commissions
Application
Submitted on 15 November 2024, 2:42PM

Receipt number 299

Related form version 9



Profile
First Name Carlos


Last Name Cortez


Email Address cortez@corteztc.com


Street Address 743 SW Webster Ave


Suite or Apt


City Topeka


State Kansas


Zip 66606


Are you a resident of the City of Topeka? Yes


What district do you live in? District 6


Primary Phone 785-806-5466


Alternate Phone 785-233-5466


Employer Cortez Transportation Company, Inc.


Job Title CEO / President


Which Board would you like to apply for? Metropolitan Topeka Airport Authority


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 feel with over 25 years of experience in the transportation industry I can
commission: provide a good amount of knowledge and a fresh perspective. I have
 worked with MTAA and it's staff and tenants throughout my years in the
 transportation business, therefore I am familiar with many aspects of the
 past and current operations of MTAA. I am passionate about the
 transportation industry and my community.



Interests & Experiences
Please describe your education, experience, and expertise I am a graduate of Shawnee Heights High School & attended Washburn
including any honors, awards, civic, cultural, charitable or University. I've been in the passenger transportation business for 25
professional organization memberships that relate to the years; opening my own business 20 years ago. As a member of the
position you are seeking. National Limousine Association, I have access to a worldwide network.
 My business received the MANA de Topeka Economic Development
 award in 2016, the 2019 Minority Owned Business of Distinction from
 GTP, 2023 KS Minority-Owned Business of the Year for Service
 Industry, and was a finalist in 2024.


List any professional licenses you hold in Kansas and advise if Our Company maintains good standing with the Federal Motor Carrier
they are current. (We reserve the right to request a copy of Safety Administration to operate in interstate commerce within the U.S.
your license prior to approval of your appointment.) and we have earned the Accredited Business rating with the Better
 Business Bureau. We are also a certified Minority Owned Enterprise as
 well as Disadvantage Business Enterprise.


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



Voluntary Self Identification
Ethnicity Hispanic


Gender Male



Acknowledgements and Verification
Purpose of Information being submitted. I Agree


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

 2 of 3
Your electronic signature




 Link to signature


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
Carlos A. Cortez
743 SW Webster Avenue Topeka, KS 66606 (785) 806-5466

PROFILE
 Over 25 years of building services
 Over 20 years of small business ownership
 Highly motivated with a proactive and positive attitude
 Excellent organizational skills and the ability to adapt to change
 Ability to handle multiple projects and meet deadlines under pressure
 Self-motivated and capable of working independently or on a team

EXPERIENCE
CORTEZ TRANSPORTATION COMPANY, INC., Owner/Operator, Topeka, KS; August 2004 - present
 Responsible for day-to-day operations, including taking reservations, agreement and contract negotiations,
  scheduling drivers, financial transactions, and customer service
 Manage fleet procurement, maintenance, and repair
 Manage safety and training programs for all staff
 Driving

STATE OF KANSAS, KANSAS INSURANCE DEPARTMENT, Building Service Technician,
Topeka, KS; December 2008 to November 2023
 Daily building operation and maintenance, including carpentry, electrical, heating and cooling, small
 equipment repair, landscaping and plumbing
 Mailroom operations

STATE OF KANSAS, KANSAS INSURANCE DEPARTMENT, Building Service Technician,
Topeka, KS; March 1999 – December 2008
 Daily building operation and maintenance, including carpentry, electrical, heating and cooling, small
 equipment repair, landscaping and plumbing
 Administration of OSHA, ADA, Fire and Safety Codes
 Preparation of budget estimates and proposal presentations
 Supervise the grounds, mailroom and work of outside vendors and contractors
 Long-range plan and timetable maintenance of the building and grounds consistent with five-year capital
 improvement budget

UNIVERSITY OF KANSAS, Electrician I, Lawrence, KS; February 1999 – March 1999
 Performed electrical duties, such as re-wiring
 Required ability to read and execute blueprints extensively and knowledge of current electrical codes
 General electrical duties as well as replacement of industrial transformers

UNIVERSITY OF KANSAS, Landscaping, Lawrence, KS; August 1998 – February 1999
 Maintenance of campus landscape and grounds
 Maintained small grounds equipment and some heavy equipment repair

UNIVERSITY OF KANSAS, Facilities Management, Lawrence, KS; April 1998 – August 1998
 Performed preventative maintenance and repair on small and large mechanical equipment

PADILLA ELECTRICAL, Laborer, Topeka, KS; November 1997 – December 1998

KAW VALLEY HARDWOOD FLOORING, Laborer, Topeka, KS; August 1997 – December 1997

DILLON’S, Stocker, Topeka, KS; July 1997 – August 1997
HILL’S PET NUTRITION, Technician II, Topeka, KS; September 1994 – June 1997
 Production machinery operation
 Forklift operation

WIBW-TV, Audio Technician/Camera Operator, Topeka, KS; October 1983 – September 1994
 Responsible for audio during the 5:00, 6:00 and 10:00 p.m. news broadcasts and various other productions
 Operating camera and production equipment
 Maintaining studio lighting for programs
 Worked with satellites and SkyEye reports
 Commercial production
 TV programming with WIBW, ESPN, Primetime, QVC, NBC, and FOX

GREGG GOODYEAR TIRE, Laborer, Topeka, KS; 1983 – October 1984
 Operation of tire press
 General repair duties
 Deliveries
 Customer Service

KSNT-TV, Photographer, Topeka, KS; 1981 – 1983
 Operation of camera equipment during news broadcast
 On-scene shots
 Editing footage
 Some interviewing of the public

EDUCATION
Washburn University, Topeka, KS; 1982-1984
Shawnee Heights High School, Tecumseh, KS; graduated 1982
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 December 3, 2024


DATE: December 3, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Topeka Land Bank PROJECT #:
 Board of Trustees
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by Councilmember Spencer Duncan approving the members of the
Land Bank Board of Trustees.
Voting Requirement: Action requires at least five (5) votes of the City Council. The Mayor does not vote.

(Approval would appoint Councilmember Spencer Duncan, Rhiannon Friedman, ShaMecha King-Simms,
James Reardon and Manny Herron to the Topeka Land Bank Board of Trustees for a term ending December
31, 2025.)

VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. The Mayor does not vote.
POLICY ISSUE:
The land bank shall serve the public purpose of providing for the orderly, planned and reutilization of abandoned,
tax foreclosed or otherwise underutilized properties.
STAFF RECOMMENDATION:
Mayor Padilla is recommending the appointments of Councilman Spencer Duncan, Rhiannon Friedman,
ShaMecha King-Simms, James Reardon and Manny Herron to the Topeka Land Bank Board of Trustees to fill
terms expiring December 31, 2025.
BACKGROUND:
The Board shall consist of five members who reside within the boundaries of the City or Shawnee County. One
member shall be a member of a neighborhood improvement association established pursuant to TMC 2.25.050;
one member shall be an employee of the City designated by the city manager; one member shall be a City
Council member; and two members shall be At-Large members. Board members shall be appointed by the Mayor
and approved by the City Council. Terms of office shall be as follows: (1) From date of appointment to December
31, 2025. Members may be reappointed to serve one or more (one-year) terms commencing on January 1, 2025
and January 1, 2026. The land bank ordinance expires on 12/31/2026.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
Resolution
 1 RESOLUTION NO. ___________
 2
 3 A RESOLUTION introduced by Councilmember Spencer Duncan approving the
 4 members of the Land Bank Board of Trustees
 5
 6 WHEREAS, Sec. 2.260.030 of the Topeka Municipal Code provides that the five-

 7 member Land Bank Board of Trustees (“Board”) consists of: (1) a member of a

 8 neighborhood improvement association (“NIA”); (2) a City employee designated by the

 9 City Manager; (3) a City Council member; and (4) two residents of either the City or

10 Shawnee County; and

11 WHEREAS, such Board members have been appointed by the Mayor and must

12 now be approved by the City Council.

13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT the

14 following individuals are approved for a term ending on December 31, 2025: (1)

15 ShaMecha King-Simms; (2) Rhiannon Friedman, (3) Councilmember Spencer Duncan,

16 and (4) James Reardon and Manny Herron.

17 ADOPTED and APPROVED by the City Council on .


18 CITY OF TOPEKA, KANSAS
19
20
21
22
23 Michael A. Padilla, Mayor
24
25 ATTEST:
26
27
28
29 ______________________________
30 Brenda Younger, City Clerk




 RES/Land Bank Board 2025
 10/1/2024 1
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 December 3, 2024


DATE: December 3, 2024
CONTACT PERSON: Amanda Stanley, City DOCUMENT #:
 Attorney
SECOND PARTY/SUBJECT: Dynamic Core TIF PROJECT #:
 Redevelopment District
 - Removal of Property
CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: Discussion: 11/19/2024 JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

ORDINANCE introduced by City Manager Dr. Robert M. Perez, removing certain real property from the
Dynamic Core Redevelopment District.

(Approval would remove the listed properties from the Dynamic Core TIF District because the properties have
been approved for participation in the neighborhood revitalization rebate program.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to comply with Ordinance No. 20228's requirement that the Governing Body remove properties from the
Dynamic Core TIF District that meet the criteria for a property tax rebate in accordance with the Neighborhood
Revitalization Program (NRP)
STAFF RECOMMENDATION:
Staff recommends the Governing Body approve the ordinance as part of the consent agenda.
BACKGROUND:
The ordinance establishing the Dynamic Core (downtown) TIF District requires that the Governing Body remove
properties from the TIF if the properties meet the criteria for the NRP. Seven properties meet that criteria. As
such, they should be removed from the District.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Ordinance
Cover Memo - A. Stanley 11-19-2024
 1 (Published in the Topeka Metro News on __________________________)
 2 ORDINANCE NO. ____________
 3 AN ORDINANCE introduced by City Manager Robert M. Perez, Ph.D. removing
 4 certain real property from the Dynamic Core Redevelopment
 5 District.
 6
 7 WHEREAS, Ordinance No. 20228 – which establishes the Dynamic Core

 8 Redevelopment District (“District”) – requires the Governing Body to remove properties

 9 from the District that meet the criteria for a property tax rebate in accordance with a

10 Neighborhood Revitalization Program (“NRP”); and

11 WHEREAS, the properties located in the District have satisfied the requirements for

12 securing an NRP rebate; and

13 WHEREAS, K.S.A. 12-1771(g) authorizes the Governing Body to remove real

14 property from a redevelopment district.

15 NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE

16 CITY OF TOPEKA, KANSAS, that:

17 Section 1. The following properties are removed from the District:

18 909-911 S. Kansas Ave. (Schultz Development LLC)
19 1015 SE Monroe St. (Kanza OZ LLC)
20 222 SW 7th St. (Wheat State Real Estate)
21
22 Section 2. The City Clerk is directed to provide a copy of the Ordinance to the

23 County Clerk.

24 Section 3. This Ordinance shall take effect and be in force from and after its

25 passage, approval and publication in the official city newspaper.

26




 ORD/Removal of Properties
 Dynamic Core TIF District 10/22/2024 1
27 PASSED and APPROVED by the Governing Body on _______________________.

28 CITY OF TOPEKA, KANSAS

29
30
31
32 _________________________________
33 Michael Padilla, Mayor
34 ATTEST:
35
36
37
38 __________________________________
39 Brenda Younger, City Clerk




 ORD/Removal of Properties
 Dynamic Core TIF District 10/22/2024 2
 Legal Department Amanda Stanley, City
 215 SE 7th Street, Room 353 Attorney
 Topeka, KS 66603 Tel: (785) 368-3883
 www.topeka.org


 MEMORANDUM
To: Mayor Padilla; City Councilmembers; Robert M. Perez, Ph.D., City Manager
From: Amanda Stanley, City Attorney
Re: Dynamic Core TIF District (Removal of Neighborhood Revitalization (NR) Properties)
Date: November 19, 2024

The item on the December 3, 2024 agenda addressing removal of Neighborhood Revitalization
Program (NRP) properties from the Dynamic Core Tax Increment Financing (TIF) District is a
matter that has been presented on prior agendas, the last time in September 2023. The purpose of
this memo is just a refresher.

The NRP provides property tax rebates for certain properties that meet the Plan’s criteria. The goal
is to encourage property owners to improve their properties and increase the tax base. If the
improvements result in an increase in property taxes, the owner receives a portion of the increase
as a rebate over a period of time.

The Tax Increment Financing (TIF) statutes also facilitate improvements to real property by
capturing the increased property taxes. K.S.A. 12-1775. In essence, tax proceeds garnered as a
result of the base year valuation – prior to establishment of the District – are distributed to the
various taxing subdivisions. Any increase in property tax proceeds arising from a TIF Project is
distributed to the City for reimbursement of Project costs.

As the TIF statutes preclude tax rebates for an NRP property, the Dynamic Core TIF District,
established by the Governing Body almost five years ago, provides that the Governing Body ‘shall
remove properties from the District that meet the criteria for a property tax rebate in accordance
with a neighborhood revitalization program.’ Ordinance No. 20228.

The three properties identified in the ordinance are eligible for the NRP and, as such, should be
removed from the TIF District.
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 December 3, 2024


DATE: December 3, 2024
CONTACT PERSON: Amanda Stanley, City DOCUMENT #:
 Attorney
SECOND PARTY/SUBJECT: Transient Guest Tax PROJECT #:
 funds
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

APPROVAL of the Amendment No. 1 to Contract No. 52270 between the City of Topeka and
Downtown Topeka Foundation specifying the rights and responsibilities relating to the ice rink
project.
Voting Requirement: Action Requires at least six (6) votes of the Governing Body.

(Approval of the Ice Rink development agreement amendment.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
STAFF RECOMMENDATION:
Staff recommends that the Governing Body move to approve
BACKGROUND:
The Transient Guest Tax Committee has been discussing what action to take with the undistributed
transient guest tax dollars the City has due to Evel Knievel’s departure. The Committee recommends
dedicating current and future undistributed funds that Evel Knievel would have received to the
Downtown Topeka Foundation for building an ice-skating rink directly north of Evergy Plaza, contingent
upon an agreed-upon development contract between the City and the Downtown Topeka Foundation.
BUDGETARY IMPACT:




SOURCE OF FUNDING:
Undistributed Transient Guest Tax Funds

ATTACHMENTS:
Description
Ice Rink Amendment Agreement
Agreement No. 52270-July 30, 2024
Excerpt-TGT Committee Meeting-November 13, 2024
Referral Report- TGT Committee Meeting-November 13, 2024
 CITY OF TOPEKA CONTRACT NO. ______

 AMENDMENT NO. 1 TO CITY OF TOPEKA CONTRACT NO. 52270

 1 This Amendment No. 1 to City of Topeka Contract No. 52270 is entered into on

 2 this day, ______________, by and between the City of Topeka, Kansas, a duly organized

 3 municipal corporation, hereinafter referred to as "City" and Downtown Topeka

 4 Foundation, a Not For-Profit Corporation, hereinafter referred to as "Grantee.”

 5 WHEREAS, City and Grantee entered into City of Topeka Contract No. 52270 to

 6 provide for a Development Agreement for the use of Transient Guest Tax develop plans

 7 and construct an ice rink in the Evergy Plaza area of the City of Topeka; and

 8 WHEREAS, the parties desire to amend City of Topeka Contract No. 52270.

 9 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS

10 CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:

11 Section 1. Paragraph 1(b) of City of Topeka Contract No. 52270 is hereby

12 specifically amended to state the following:

13 1. Funding Allocation; Distribution and Use

14 (b) Use. The Allocated Funds will be used to acquire land, prepare

15 architectural/design plans, construct and support the year-round development and

16 programming needs associated with the Project. The Grantee shall use the Allocated

17 Funds only for the Project. Any changes to the scope of the Project pertaining to the use

18 of Allocated Funds shall be approved by the City Manager, or his/her designee.

19 In order to ensure that the Allocated Funds are used only for the Project, and as

20 specified in this Agreement, the Grantee shall provide a progress report every six (6)

21 months to the City Manager or his/her designee, in a form acceptable to the City. Each




 AGR/TGT Ice Rink Amendment 1 11/18/24 1
22 progress report shall identify expenditures of Allocated Funds and progress toward

23 completion of the Project.

24 The first report shall be due six (6) months from the date of execution of this

25 Agreement and shall cover progress in fundraising efforts and planning and design of the

26 facility during the first six (6) months of the Project. The final report shall be due six (6)

27 months after completion of the Project and include the plans and specifications to

28 complete the Project. The City reserves the right to audit financial documents relative to

29 the Project at any time during this Agreement and to request reimbursement for

30 expenditures determined to be improper, unauthorized or unsubstantiated. The City shall

31 have sole authority in this regard and shall base its decision upon reports submitted or,

32 in the alternative, the absence of documents to substantiate expenditures.

33 If at the end of the first six (6) month project report, no progress in fundraising

34 efforts and planning and design of the facility has been made toward the Project, any

35 portion of the distributed TGT funds shall be re-allocated back to the City for consideration

36 of other uses of the TGT funds.

37 Section 2. Paragraph 2 of City of Topeka Contract No. 52270 is hereby

38 specifically amended to state the following:

39 2. Project Installation Costs. Distribution of the Allocated Funds will be

40 contingent upon the Grantee’s compliance with use of all the Allocated Funds toward the

41 2025 Ice Rink Initial Installation and 2026 Final Installation costs more fully set out in

42 Exhibit A, which is attached hereto and incorporated herein by reference, (hereinafter

43 “Installation Costs”). The City has no obligation to fund any additional funds. The Grantee

44 must submit documentation to the City Manager, or his/her designee, confirming that it




 AGR/TGT Ice Rink Amendment 1 11/18/24 2
45 has secured all of the remaining funds for the Installation Costs not covered by the City’s

46 Allocated Funds. This documentation must be submitted by February 1, 2025, and the

47 City shall have sole discretion in determining whether or not the documentation is

48 acceptable for all purposes associated with the distribution of the Allocated Funds to

49 assist with the Project.

50 Section 3. Paragraph 3 of City of Topeka Contract No. 52270 is hereby

51 specifically amended to state the following:

52 3. Project Design and Construction; Timeline. Distribution of the Allocated

53 Funds will be contingent upon the Grantee’s compliance with the various deadlines and

54 milestones established in the Project design and construction documents. The Grantee

55 will provide design and construction documents for the Project to the City Manager, or

56 his/her designee, as documented in Grantee’s progress reports as submitted in Section

57 1(b) of this Agreement as well as any additional information demonstrating that the Project

58 is on schedule and/or proceeding in a timely manner considering all of the facts and

59 circumstances involved.

60 Section 4. Paragraph 7 of City of Topeka Contract No. 52270 is hereby

61 specifically amended to state the following:

62 7. Project Completion. The Grantee shall complete the Project within no

63 later than January 1, 2026. The City may extend the completion date at the request of the

64 Grantee with thirty days written notice and the City may grant an extension if continuing

65 to receive satisfactory progress reports as submitted in Section 1(b) of this Agreement.

66 Any request for an extension of time shall be submitted to the City Manager, who shall

67 submit the request to the TGT Committee. The TGT Committee, after providing the




 AGR/TGT Ice Rink Amendment 1 11/18/24 3
68 Grantee with the opportunity to be heard, will make a recommendation to the Governing

69 Body as to whether or not to grant or deny the request for extension with or without

70 conditions; although requests shall not be denied unless for good cause.

71 Section 5. Exhibit A of City of Topeka Contract No. 52270 is hereby specifically

72 amended to state the following:

73 EXHIBIT A

74 Installation Costs

75 The amount of TGT Funds requested is a maximum of $167,000.00 with

76 approximately $94,000.00 allocated in 2025 to design and construct the Project with the

77 remainder $73,000.00 available for 2026 the Project Final Installation Costs. The Grantee

78 will raise and furnish any additional funds necessary to complete the Project.




79 Section 6. All other terms and conditions of City of Topeka Contract No. 52270

80 not specifically amended herein shall remain in full force and effect.




 AGR/TGT Ice Rink Amendment 1 11/18/24 4
81 IN WITNESS WHEREOF, the parties have hereto executed this Amendment as of

82 the day and year first above written.

 CITY OF TOPEKA, KANSAS



 _____________________________________
 Robert M. Perez, Ph.D., City Manager
 ATTEST:

 APPROVED AS TO FORM AND LEGALITY

 ________________________________ DATE______________BY____________
 Brenda Younger, City Clerk

 Downtown Topeka Foundation



 _____________________________________

 _____________________________________
 Kenneth Scott, President




 AGR/TGT Ice Rink Amendment 1 11/18/24 5
 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, November 13, 2024. The Transient
Guest Tax Committee members met virtual at 3:00 P.M. with the following Committee members
present: Michelle Hoferer (Chair), and Brett Kell. Absent: Committee member Marcus Miller.

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

 APPROVAL of the Amendment No. 1 to City of Topeka Contract No. 52270.


Ice Rink Development Agreement

 City Attorney Amanda Stanley referenced the Amendment No. 1 to the City of Topeka
 Contract No. 52270. She added that the changes are to the funding allocations and use
 section. The first report will now include the progress in fundraising efforts, planning
 and the design of the facility in the first six months of the project. If after six months
 there has been no effort in fundraising any portion of TGT funds will be allocated
 back to the City of Topeka. An additional change is in section two to allow additional time
 for installation and adjust the date.

 Parrish Hotel Corporation President and CEO Jim Parish spoke to the need to have the
 date change in the agreement due to the funding situation. He spoke to the documentation
 for the project installation costs and the project completion date. It
 was stated the documentation must be submitted by February 1, 2025 and
 the project completion date is January 1, 2025 and with a 30-day written notice the
 City may grant an extension. Parish expressed the need to have a realistic date in the
 agreement for the project completion date.

 Committee member Marcus Miller joined the meeting.

 Committee member Kell stated the importance to make sure that the dates in the agreement
 are all understood by all parties.

 Jim Parish expressed the need to have a realistic date in the agreement for the
 project completion date.

Presented at the November 12, 2024 Governing Body Meeting Page 1
 Committee chair Hoferer suggested to amend the agreement completion date to
 January 1, 2026.


 Committee member Miller questioned agreement completion date.


 Executive Director Topeka Lodging Association Kurt Young spoke to the clarification
 in the agreement for a completion date of January 1, 2026 for a permanent ice rink.
 He added that currently the funding is coming from three different sponsors.


 MOTION: Committee chair Hoferer made a motion for Amendment No. 1 to City
 of Topeka Contract No. 52270, line 66 to adjust the date to January 1, 2026 date.
 Committee member Kell seconded. Motion passed 3-0-0.


 Committee chair Hoferer asked City Attorney Amanda Stanley if there is any need
 for changes to the language in the Agreement for Installation Costs. She stated
 there is no need for any changes.


 MOTION: Committee Kell made a motion to approve Amendment No. 1 to City of
 Topeka Contract No. 52270. Committee member Miller seconded. Motion passed
 3-0-0.




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




Presented at the November 12, 2024 Governing Body Meeting Page 2
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT
 Name of
 Committee: Transient Guest Tax

 Title: Ice Rink Development Agreement - Amendment

Date referred
 from Council
 meeting: N/A

Date referred November 13, 2024
 from
 Committee:

  Committee
 Action: MOTION: Committee chair Hoferer made a motion
 for Amendment No. 1 to City of Topeka Contract
 No. 52270, line 66 to adjust the date to January 1,
 2026 date. Committee member Kell seconded.
 Motion passed 3-0-0.

 MOTION: Committee Kell made a motion to approve
 Amendment No. 1 to City of Topeka Contract No.
 52270. Committee member Miller seconded. Motion
 passed 3-0-0.



 Comments:

Amendments:

 Members of
 Committee: Michelle Hoferer (Chair), Brett Kell, Marcus Miller

Agenda Date
 Requested: December 3, 2024
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 December 3, 2024


DATE: December 3, 2024
CONTACT PERSON: Josh McAnarney, DOCUMENT #:
 Budget and Finance
 Division Manager
SECOND PARTY/SUBJECT: 2024 Budget PROJECT #:
 Amendments
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

AUTHORIZING a public hearing date of December 17, 2024, for the purpose of hearing and answering
objections of taxpayers relating to the proposed amendments to the 2024 Operating Budget.

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

(Approval authorizes publication of the Public Hearing Notice. Proposed amendments total $3,080,000. An
increase from $130,581,319 to $133,661,318.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.

POLICY ISSUE:
Whether to set a public hearing for December 17, 2024 to consider budget amendments. K.S.A. 79-2929 allows
for governing bodies to amend a budget based upon a standard process outlined in statute that follows a similar
process for the budget adopting. Any amended budgets for proposed increases in expenditures are required to
be balanced by previous unbudgeted revenues or balances other than ad valorem property taxes. At no time after
setting the maximum taxes levied can the governing body increase the ad valorem property taxes.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to set the public hearing date for December 17, 2024, and
authorize publication of the public hearing notice.
BACKGROUND:
As required by State law, the Governing Body must hold a public hearing to consider amendments to the 2024
Operating Budget. Approval would set a public hearing date of December 17, 2024, and authorize the publication
of the public hearing notice.

Proposed amendments total $3,080,000 and will be considered on December 17, 2024, in conjunction
with the public hearing. Amended Funds include the Metro Transit Authority Pass Through, Federal
Funds Exchange, Information Technology, Utilities, Tax Increment Finance (TIF) Districts and
Community Improvement Districts (CID).
BUDGETARY IMPACT:
Proposed amendments total $3,080,000. An increase from $130,581,319 to $133,661,318. Amended Funds
include the following:

 Metro Transit Authority Pass Through from $6,365,000 to $6,800,000
 Federal Funds Exchange from $3,750,000 to $3,955,000
 Information Technology Fund from $5,970,730 to $6,470,730
 Utilities Fund from $112,169,218 to $113,669,218
 TIF Funds from $850,000 to $970,000
 CID Funds from $1,476,370 to $1,796,370
SOURCE OF FUNDING:
Fund Revenues and Balance

ATTACHMENTS:
Description
Budget Amendment Cover Memo J. McAnarney (November 25, 2024)
Notice of Public Hearing - December 17, 2024
State Budget Certification Form 2024 Budget Amendments
 City of Topeka Finance Department budget@topeka.org
 215 SE 7th St, Rm 355 785-368-3970
 Topeka, KS 66603 www.topeka.org

 To: Members of the Governing Body
 From: Josh McAnarney, Budget Manager
 Date: 11/25/2024
 Re: Budget Amendment of the FY24 City of Topeka Budget


Members of the Governing Body,

Below is a list of funds that are expected to exceed the original expense authority that was
submitted in October 2023. In each fund list is the fund, the reason, and the projected amount.

 1. Topeka Metro Transit Authority: The expense authority needs to be amended due to
 higher-than-expected Ad Valorem (Property) Tax collections. As this is a pass-through
 fund, the expense authority must be increased to match the higher revenue. Projected
 expenditures have risen from $6,365,000 to $6,800,000. More revenues came in because of
 past delinquent property taxes and the City exceeding a 95% collection rate.

 2. Federal Funds Exchange: The expense authority within this fund needs to be amended
 due to projects being switched from GO Bond funding to FFE funding, as approved by the
 Council in multiple sessions. The higher expense transfers are supported by a built-up fund
 balance from the past few years. Projected expenditures have increased from $3,750,000 to
 $3,955,000.

 3. Tax Increment Financing (TIFs): TIF revenues are tied to the increase in property values
 within the district. As property values rise due to economic development, improvements, or
 revitalization within the district, the property taxes generated from those properties
 increase. Since TIF revenue is based on the "increment" of new taxes above the baseline
 (usually set at the time the TIF was created), the revenue naturally increases as the property
 values rise. The fund exceeding expenses means that the City is paying out more to the
 developer than initially anticipated due to receiving more in property taxes. The
 expenditures have increased from $850,000 to a projected $970,000.

 4. Community Development (CIDs): Similar to the TIF account, this amendment is being
 requested due to higher-than-expected revenue (in the form of sales tax), which has led to
 higher expenses than initially projected for payments to the developer. The projected
 expenditures have increased from $1,476,370 to $1,796,370.

 5. Information Technology: Due to Polk-Quincy, City Hall, and Tyler ERP projects, there
 have been some additional expenses that were unbudgeted. The projected expenditures
 increased from $5,970,730 to $6,470,730.

 a. Torgeson—$175,000—is for the Polk Quincy Viaduct project damages (from other
 utilities moving their lines or vandalism) and splices for moves/additions of fiber
 directly due to fiber being in the way of the new planned path.
 b. SoftDocs—$100,000 —An unbudgeted one-time cost related to converting and
 City of Topeka Finance Department budget@topeka.org
 215 SE 7th St, Rm 355 785-368-3970
 Topeka, KS 66603 www.topeka.org

 migrating documents retained in Perceptive Content incompatible with the new ERP
 solution.
 c. Microsoft True-Up—$175,000—When updating our licensing needs with
 Microsoft, we discovered that the City of Topeka had underpaid for the number of
 licenses in use. A “true-up” was required to bring our Microsoft account up to date.
 d. VPN Switch—$25,000—The Unplanned purchase of professional services,
 equipment, software, and the configuration of a new VPN system due to the existing
 system's vulnerability to cyber-attack.

 6. Combined Utilities (W, SW, WW): The projected expenditures have increased from
 $112,169,218 to $113,669,218. This additional expense will be covered by revenue
 collections coming in higher than original expected. In January of 2024 there was a cold
 weather event that included broken water mains, a broken chlorine line, and the labor to
 make repairs. Reimbursement from FEMA is expected, but is not expected to happen in this
 year.

The funds in this amendment had a previous expenditure limit of $130,581,318. These
amendments will increase that to $133,661,318—which is an increase of $3,080,000.
 State of Kansas
 Amendment

 2024


 Notice of Budget Hearing for Amending the
 2024 Budget
 The governing body of
 City of Topeka
 will meet on the day of December 17, 2024 at 6:00 pm at The City Council Chambers at 214 E Eighth St for
 the purpose of hearing and answering objections of taxpayers relating to the proposed amended use of funds.

 Detailed budget information is available at www.topeka.org/finance/budget/
 and will be available at this hearing.

 Summary of Amendments
 2024
 Adopted Budget 2024
 Actual Amount of Tax Proposed Amended
 Fund Tax Rate that was Levied Expenditures Expenditures
Topeka Metro Transit Authority  4.200 5,792,928 6,365,000 6,800,000
 Federal Funds Exchange 3,750,000 3,955,000
 Information Technology 5,970,730 6,470,730
 Combined Utilities 112,169,218 113,669,218
 Tax Increment Financing 850,000 970,000
  Community Development 1,476,370 1,796,370
 0 0
 0 0
 0 0
 0 0



 /s/ Brenda Younger
 Official Title: City Clerk
 State of Kansas
 Amendment


 2024

 Amended
 Certificate
 For Calendar Year 2024

 To the Clerk of Shawnee County, Kansas,
 We, the undersigned, duly elected, qualified, and acting officers of
 City of Topeka
 certify that: (1) the hearing mentioned in the attached publication was
 held;(2) after the Budget Hearing this Budget was duly approved and
 adopted as the maximum expenditure for the various funds for the year.


 2024
 Amended Budget
 Amount of Adopted Proposed Amended
 Page 2023 2024 2024
Table of Contents: No. Tax that was Levied Expenditures Expenditures
Fund K.S.A.
 Topeka Metro Transit Authority Charter Ord. 118 1 5,792,928 6,365,000 6,800,000
 Federal Funds Exchange 2 3,750,000 3,955,000
 Information Technology 3 5,970,730 6,470,730
 Combined Utilities 4 112,169,218 113,669,218
 Tax Increment Financing 5 850,000 970,000
 Community Development 6 1,476,370 1,796,370




Totals xxxxxxxxx 5,792,928 130,581,318 133,661,318
Summary of Amendments 0

Attested date:_____________




 County Clerk

Assisted by:


Address:




Email:




 Governing Body

CPA Summary




 Page No. 1
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 December 3, 2024


DATE: December 3, 2024
CONTACT PERSON: Jason Tryon, Public DOCUMENT #:
 Works Deputy Director
SECOND PARTY/SUBJECT: Topeka Performing Arts PROJECT #:
 Center, Inc.
CATEGORY/SUBCATEGORY 007 Contracts and Amendments / 018 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

DISCUSSION of operational funding agreement between the City of Topeka and the Topeka
Performing Arts Center, Inc. (TPAC.)

(Approval will authorize the City Manager to sign and execute the contract, providing supplemental operational
funding up to $150,000 per year from the date of execution through December 31, 2026, with an option to
renew for two additional two-year periods by mutual written agreement.)

VOTING REQUIREMENTS:
Discussion only. Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the contract for supplemental funding.
STAFF RECOMMENDATION:
Discussion only. Staff recommends the Governing Body approve the contract when considered.
BACKGROUND:
Ordinance No. 20522 approving and adopting the 2025 operating budget for the City of Topeka and appropriating
$150,000 to the Topeka Performing Arts Center, Inc. (TPAC) for supplemental operational funding. As outlined in
the agreement, the City shall provide $150,000 in supplemental operational funding, payable on or before
January 31 each year, to support TPAC in its management of the Facility for the term of this Agreement.

In accordance with the State of Kansas Cash Basis Law (K.S.A. 10-1101; 79-2925 et seq.), the City’s obligation
to provide supplemental funding is limited to the allocations approved and appropriated by the City’s Governing
Body. Funding for each subsequent budget year under this Agreement will depend on the availability of allocated
funds for this purpose.
BUDGETARY IMPACT:
$150,000
SOURCE OF FUNDING:
Misc Non-Departmental General Fund
Ordinance No 20522

ATTACHMENTS:
Description
TPAC Agreement with Exhibits
TPAC 2025 Business and Marketing Plan
TPAC 2025 Proposed Budget
TPAC Executive Director Agenda Report for 2025
 CITY OF TOPEKA

 CONTRACT NO. _______________

 THIS AGREEMENT entered into this ____________________, by and between the City
of Topeka, Kansas, a municipal corporation organized pursuant to the laws of the State of Kansas,
hereinafter referred to as the "City," and the Topeka Performing Arts Center, Inc., a not-for-profit
corporation organized pursuant to the laws of the State of Kansas, and hereinafter referred to as
"TPAC."

 WHEREAS, the City and TPAC recognize the need for a Performing Arts Center to
provide for the advancement, promotion, and development of the arts within the City of Topeka;
and

 WHEREAS, the City, in furtherance of this purpose and pursuant to the provisions of
Charter Ordinance No. 68 and Ordinance No. 15833; and in order to provide for the general
welfare, operation, and management the Performing Arts Center; and

 WHEREAS, the City and TPAC desire to enter into this Agreement for the operation and
management of the Performing Arts Center; and

 NOW, THEREFORE, IN CONSIDERATION OF THE FOLLOWING MUTUAL
COVENANTS THE PARTIES HERETO DO AGREE AS FOLLOWS:

 ARTICLE I
 Name, Facility, Funding, and Support

A. Name. In continued recognition of the contribution and testamentary bequest made by Georgia
 Neese Gray and Andrew J. Gray for the Performing Arts Center, the parties agree to maintain
 the name of the main performance hall as the "Georgia Neese Gray Performance Hall." The
 parties further agree that TPAC may enter into one or more agreements with third party
 sponsors and supporters concerning the naming rights to the Facility and any of the spaces,
 fixtures, or equipment, so long as the “Topeka Performing Arts Center” shall be and remain a
 part of the Facility’s name. Any such agreements shall be approved by the City in accordance
 with City of Topeka Resolution No. 7698.

B. Description of Property. This Agreement between the City and TPAC shall apply to the areas
 contained within the building commonly known as "The Topeka Municipal Auditorium". The
 area assigned to TPAC is shown by the borderless areas as indicated on EXHIBIT A, attached
 hereto and made a part hereof. The area so allocated to TPAC is referred to herein as the
 "Performing Arts Center" or the "Facility."




 Page 1 of 16 November 14, 2024
C. Supplemental Operational Funding.
 1. The City shall provide supplemental operational funding of one hundred-fifty thousand
 dollars ($150,000.00) payable on or before January 31 each year under the terms of the
 agreement to assist TPAC in its management of the Facility during the term of this
 Agreement. Pursuant to the State of Kansas Cash Basis law, K.S.A. 10-1101; 79-2925 et
 seq., the City is only obligated to provide supplemental operational funding from
 allocations approved by the City’s Governing Body as budgeted and appropriated.
 Supplemental operational funding for each subsequent budget year of this Agreement
 shall be subject to the availability of funds allocated each year for this purpose.

 2. TPAC shall, subject to the limitations and conditions herein, submit its request for
 supplemental operational funding by the first day of April for funding during the next
 budget year. This budget request shall be submitted to the City Manager of the City of
 Topeka or their designee who shall include the request as part of development of the
 proposed City budget for the ensuing year. Approval of this request shall be made by the
 City’s Governing Body, whose decision is final and binding on the parties.

 3. The amount of supplemental operational funding to be requested by TPAC shall be
 developed with consideration given to the following factors:
 i. The anticipated level of revenues available to TPAC from activities and events in
 the Facility.

 ii. The anticipated level of expenses reasonably related to TPAC's operation of the
 Facility. These expenses may include, but are not limited to: professional
 management services, salaries, promotional expenses, artists fees, event set-up and
 clean-up, daily maintenance and janitorial services, insurance premiums, and
 general office expenses.

 iii. The anticipated need by TPAC for funding of special projects or expenses not
 generally addressed by this Agreement.

 iv. The anticipated use by the City of the Facility for City activities or events.

 v. The City’s recognition of the services provided by TPAC as an important and vital
 contribution to the economic and cultural health of the City of Topeka, and of the
 tangible and intangible returns the City receives from its investment in TPAC.

 4. The failure of the City’s Governing Body to approve TPAC's request for any funding shall
 not constitute a default under this Agreement and shall not entitle TPAC to seek or obtain
 a judgment requiring the City's specific performance or to pursue any other legal remedy
 which seeks to compel the City to appropriate and budget funds for TPAC. However, the


 Page 2 of 16 November 14, 2024
 failure of the Governing Body to approve TPAC's request for funding shall constitute a
 basis for termination of this Agreement by TPAC, in accordance with the provision
 herein.

D. Event and Concession Revenues.
 1. All receipts from ticket sales, facility usage fees, concession sales, and other revenues
 associated with TPAC's management of the Facility shall be the sole property of TPAC.
 TPAC shall keep accurate records of all receipts. These records shall be subject to review
 and audit by the City upon written request by the City provided to TPAC.

 2. TPAC shall be responsible for all sales and other tax obligations resulting from the
 operation of the Facility. TPAC shall be entitled to all tax benefits accruing from TPAC's
 participation in this Agreement. TPAC shall not be entitled to any tax benefits created
 solely by the City's participation in this Agreement.

E. Audit of Financial Statements. TPAC shall provide an annual independently audited financial
 statement for the end of each fiscal year (December 31) to the City Clerk. The documented
 audit report is due to the City Clerk within ninety (90) days of each fiscal year end (December
 31).

 ARTICLE II
 Management and Maintenance

A. Management. TPAC shall, subject to the limitations and conditions herein, be responsible for
 and assume the costs for the day-to-day operations and management of the Facility. These
 responsibilities shall include, but are not limited to:
 1. Coordinating the usage of the Topeka Performing Arts Center, including the scheduling
 and promoting of all events and activities in the Facility.

 2. Publicizing the availability of the Topeka Performing Arts Center.

 3. Establishing all ticket and concession operations and providing proper management and
 record keeping for associated functions.

 4. Evaluating all proposed usages of the facilities and determining which usage is most
 compatible with the intended purpose of the Topeka Performing Arts Center and the needs
 and desires of the community at large.

 5. Entering into contracts with groups, organizations, or individuals for use of the Facility.

 6. Providing general set-up and clean-up services for all events and activities in the Facility.



 Page 3 of 16 November 14, 2024
 7. Providing accurate, timely, and complete records of all activities, revenues, and
 expenditures associated with TPAC's management of the Facility.

 8. Cooperating with the City Manager or designee in reviewing all records, financials, and
 otherwise business related information relating to the provisions of this article.

B. Maintenance and Repairs. During any term and any extensions of this Agreement TPAC shall:
 1. Capital Improvement Project Requests
 i. On or before January 31 each year, the Executive Director of TPAC will provide a
 written schedule of proposed projects covering general maintenance and capital
 repairs needed for the Facility to the City Manager or their designee. TPAC shall
 update the project list each year prior to submission to the City.

 ii. Based on the submission of proposed projects, the TPAC Board of Trustees, in
 conjunction with relevant City staff, shall develop proposed project costs and
 timelines for each project and prioritize the list of proposed projects by need over
 future fiscal years.

 iii. All projects funded by City Capital Improvement Plan must conform to the City
 procurement process, including plan approval by the City Engineer. The State
 Historical Preservation Organization (SHPO) must approve all proposed building
 improvements and the building status on the historic registry must be maintained.

 iv. The City will consider the list of proposed projects each year during the Capital
 Improvement Plan process. The list of projects are subject to modification and
 adoption of the Capital Improvement Plan each year by vote of the City’s
 Governing Body.

 v. Upon adoption of the Capital Improvement Plan and thereafter commencement of
 projects, the Board of Trustees of TPAC will present each project improvement to
 the City’s Public Infrastructure Committee for approval prior to engaging in project
 construction or making expenditures. The City will be responsible for the building
 envelope, mechanical, electrical, and plumbing (MEP), elevators, etc. Interior
 finishes like wall coverings, flooring, and finishes will be the responsibility of
 TPAC.

 2. Immediate Repairs
 i.  In the event that the Facility's portion of the building becomes in need of immediate
 but not emergency repairs, TPAC shall give written notice within twenty-four (24)
 hours of discovery to the City’s Division of Building and General Services. Within



 Page 4 of 16 November 14, 2024
 ten (10) business days, the City shall provide written acknowledgment of the
 request to TPAC with the City's intent to make the requested repairs.

 ii. Failure to notify the City may be considered negligence and may be subject to
 damages under section L.

C. Performance Objectives. In conducting its management activities under this agreement, TPAC
 agrees to adhere to the following performance objectives:
 1. TPAC will endeavor to raise funds to fully support operations.

 2. TPAC will present an annual program of professional touring events, which serves the
 diverse interests and patronage of the community.

 3. TPAC will produce, present, or otherwise operate at least four (4) art education programs
 for youth each year.

 4. TPAC will provide group discounted ticket programs for youth, such as school groups
 and educational groups to attend TPAC shows, when appropriate.

 5. TPAC will make the Facility available to local art organizations at reduced rental fees and
 support the presentation of arts with staffing and services.

 6. Before December 31 of each year, TPAC shall provide the Governing Body with a
 presentation on the organization’s annual budget for the upcoming calendar year. The
 budget shall show at a minimum the projected revenue and projected expenses including,
 but not limited to, salaries, advertising or other promotions, and operating and capital
 expenditures.

 7. TPAC shall provide written quarterly financial reports to the Governing Body within
 thirty (30) days following the last day of each calendar quarter. The quarterly reports shall
 detail all revenue, including but not limited to ticket sales and donations. The quarterly
 reports shall detail all expenditures, including but not limited to advertising and other
 promotional activities, operating and capital expenditures. The quarterly report shall list
 all programs, events, and service acts hosted by TPAC in the Facility showing compliance
 with the performance objectives listed herein. The fourth (4th) quarter financial report
 shall be incorporated with the annual presentation to the Governing Body as defined
 herein.

 8. TPAC shall provide an annual presentation to the City’s Governing Body within one-
 hundred (100) days of each fiscal year end (December 31). This annual presentation shall
 provide a summary of the independently audited financial statement for the end of the
 preceding fiscal year (December 31). This presentation shall also include the details of


 Page 5 of 16 November 14, 2024
 the preceding year’s fourth (4th) quarter financial report that includes performance of sales
 and expenditures.

D. Usage of Facility.
 1. Intended Use. The Facility shall be used predominantly as a cultural entertainment and
 educational facility that fosters performing and visual arts in the community. TPAC and
 the City will make every reasonable effort to resolve and prevent any actual or potential
 violations of this section. TPAC will not allow the center to be used for purposes either
 illegal or incompatible with:
 i. The intended use of the Facility

 ii. TPAC’s educational and charitable purposes

 iii. The Facility's status as a publicly owned building

 iv. The Facility's proximity to City offices and services

 2. City Use of Facility. TPAC agrees to allow the City to use the Facility when no scheduling
 conflicts exist with other scheduled events. City usage of the Facility will be subject to all
 rules and regulations for generally scheduled events. TPAC agrees that no user charge
 will be assessed against the City for the City’s activities or events that relate to the City
 government organization’s activities. The City will reimburse the costs incurred by TPAC
 in supporting the use of the Facility by the City, including but not limited to staffing the
 event, janitorial services, equipment, and consumable supplies.

E. City Access. TPAC and the City recognize that the Facility is located in a public building
 owned by the City, which also houses many of the operational departments and functions of
 City government. Given this recognition, TPAC will allow the City access to all areas of the
 Facility unless such access unreasonably and actually impairs the intended use of the Facility,
 the ability of TPAC to effectively manage the Facility, or the security of scheduled events,
 activities, or the participants of such. Any objection to the presence of City personnel in the
 Facility shall be provided in writing to the City Manager or their designee. The refusal or
 inability of the City to cure such violation may be considered a default of this Agreement.

F. Security. City and TPAC shall abide by the security plan set forth herein, in order to ensure
 personal safety and the security of Facility and its contents to prevent unauthorized persons
 from gaining access to the Facility or to City Hall. Areas of primary concern include the main
 mechanical room and all portions of City Hall. Security is a significant concern for TPAC and
 the City with the garage doors into TPAC, which is used for City deliveries as well as TPAC.
 Garage door users must monitor the area to ensure unauthorized personnel do not enter the
 building.
 1. Doors must not be propped open for use unless occupied.


 Page 6 of 16 November 14, 2024
 2. Access from TPAC into City Hall is prohibited except by the Stage Manager for show
 related issues.

 3. The Wellness Center should be accessed only from the main door on the east end of the
 room near the elevator. Ingress and egress to the main Wellness Center door should be
 from the east garage door area, tunnel from City Hall, or the municipal court doors and
 elevator.

 4. Business access to the municipal court and City council chambers should be primarily
 from the south exterior doors. While events are in session or the Facility is in the process
 of being setup, teardown, or rehearsals there will be limited access available to areas that
 are secured, such as TPAC offices and storage areas. Access through the tunnel and
 elevator requires all employees to stop at the first floor and proceed through the security
 station before advancing to the court and council chambers. Failure to do so may result in
 disciplinary action of the City staff. Access is not permissible via the TPAC access door
 adjacent to the security station.

G. Utilities and Energy Conservation. The City shall provide at its expense water, electricity, gas,
 and waste management services to the Facility. City and TPAC shall abide by industry
 standards to reduce energy consumption and eliminate all unnecessary energy consumption.

H. Storage Access and Egress. City and TPAC shall abide by standards concerning storage and
 maintenance of clear emergency egress paths on the lower level of the Facility and to all exists
 to the exterior of the building.
 1. The TPAC storage areas are off limits to City employees unless storing or removing
 documents or materials. Access to the storage locations must be requested in advance by
 submitting a work order request to the Division of Buildings and General Services.

 2. No access to the storage areas is permitted during shows and rehearsals.

 3. A clear path will be maintained in the tunnel area at all times for easy egress and fire code
 compliance. This area will remain free of boxes, equipment, and other stored items.

 4. Storage assignment rooms are designated for City use under the seating within and around
 the auditorium. See EXHIBIT B attached Storage Assignment Map.

I. Fire Safety. Fire safety is the primary responsibility of the TPAC management and staff. TPAC
 will notify the City if there is a failure in any signage or system functionality at their earliest
 opportunity. TPAC will ensure that training is conducted for staff on evacuation procedures
 should there be an emergency during a performance. The following are essential functions to
 be performed:


 Page 7 of 16 November 14, 2024
 1. The City will maintain the fire alarm system and conduct annual inspections and testing
 to ensure the system is operational.

 2. The City and TPAC shall abide by the plan to test the fire alarm system for the Facility,
 as well as fire drills and routine inspection of Life Safety Code equipment.

 3. Both parties will be responsible for maintaining the system in the Facility in accordance
 with the provisions of the fire code.

 4. TPAC will not exceed the maximum occupancy within any part of the building.

 5. The City will maintain proper fire exits and proper exit signage (e.g., exit signs that can
 function in a power failure).

 6. Both parties will be responsible for ensuring all fire extinguishers are properly placed
 within the Facility and within usage date.

 7. Flammable materials are prohibited in restricted areas of the Facility.

 8. Both parties shall perform monthly building inspections on or before the fifteenth (15)
 day of each month for fire safety violations.

J. Snow and Ice Removal and Preparation Responsibilities. TPAC and the City share snow and
 ice removal and preparation responsibilities on the sidewalks serving the south end of the
 building to include the entrances to TPAC and municipal court. The attached areas illustrated
 by border on EXHIBIT C delineates the areas of responsibility and the City code defines the
 timelines for clearing of the sidewalks. Any issues regarding snow or ice removal or
 preparation requires coordination between the City’s Division of Buildings and General
 Services and TPAC staff. Special coordination is required for snow removal or preparation in
 support of weekend events. TPAC is responsible for notifying the City’s Division of Building
 and General Services if there is a need outside of normal operating hours for snow or ice
 removal services or preparation. The attached EXHIBIT C map serves as the weekday baseline
 for snow clearance.

K. Facility Emergency and Nonemergency Call. TPAC shall reimburse the City for actual costs
 incurred by the City to respond to a nonemergency call. Concluding the nonemergency call
 made by TPAC as an emergency, the City will issue an itemized invoice to TPAC for the costs
 incurred for responding and remedying the nonemergency call. TPAC shall not be responsible
 for reimbursing the City for responses to emergency calls. For the purpose of this section,
 emergency shall be defined as any situation that, if not resolved immediately, could present an
 imminent threat of property loss or damage to the Facility or its contents, threat of injury or
 harm to Facility occupants, or adversely affect the comfort level to a majority of Facility


 Page 8 of 16 November 14, 2024
 occupants. Total loss of heating, ventilation, cooling, plumbing, utilities, flooding due to water
 line breaks, or ceiling leaks will always constitute an emergency.

L. Damages. TPAC shall be solely responsible for the repair of any damage to the Facility directly
 caused by the negligent or intentional acts or omissions of TPAC's employees, agents,
 licensees, and invitees. Further, TPAC staff shall promptly notify the City’s Division of
 Buildings and General Services of any damage to the Facility along with an estimate of the
 damage and the date by which the repairs shall be completed by TPAC. If TPAC shall fail to
 make the repairs as stated in the issued TPAC notice of damage to the City, an opportunity to
 cure within thirty (30) days will be issued in writing by the City. If the repairs have not been
 made under the terms of the notice to cure, the City shall have the right to make such repairs
 and submit an invoice to TPAC for all costs associated with the repair.

 ARTICLE III
 Terms of Agreement

A. Term. This Agreement shall commence on date executed above and shall continue for a term
 ending December 31, 2026, unless terminated under any provision as provided herein.

B. Renewals. This agreement may be renewed for two (2) additional two (2) year periods under
 the same terms and conditions, by written agreement of the parties. Prior to the expiration of
 any contract term resulting from this initial agreement, TPAC must provide a written request
 to the City Manager or their designee a ninety (90) day notice of their intent to renew this
 Agreement. The City shall inform TPAC in writing of its intent to either approve or deny each
 renewal request within thirty (30) days of receipt of the renewal request. If the City denies any
 written renewal request, the City shall provide in the notice of denial sufficient justification
 for such decision, which may include but not be limited to the failure of TPAC either to comply
 with a material provision of this Agreement or to perform in a manner that conforms to the
 purpose and intent of this Agreement.

C. Termination. This Agreement shall automatically terminate on the date stated above or on any
 date agreed to by both parties, either as a result of renewal agreement or otherwise. The parties
 may agree in a writing of equal formality to terminate this Agreement and any of its provisions
 at any time. The termination of this Agreement shall not release either party from any
 obligation to the other party, financial or otherwise, which has accrued or is due and owing as
 of the termination date. In the event this Agreement is terminated by the City, the City shall
 retake possession of the Facility and TPAC shall assign all its rights and obligations relating
 to its management of the Facility to the City.

D. Termination for Lack of Funding. TPAC agrees that if there are not sufficient funds for the
 City to continue appropriations to meet its obligations under this Agreement, the City may
 terminate this Agreement at the end of its then current fiscal year. City shall give written notice


 Page 9 of 16 November 14, 2024
 of termination to TPAC at least ninety (90) days prior to the end of its current fiscal year, and
 shall give such notice for a greater period prior to the end of such fiscal year to the extent it is
 able to do so. The City agrees that if TPAC is unable to continue its management of the Facility
 due to a lack of funding, TPAC may terminate this Agreement at the end of its then current
 fiscal year. TPAC shall give written notice of termination to the City at least ninety (90) days
 prior to the end of its current fiscal year, and shall give such notice for a greater period prior
 to the end of such fiscal year to the extent it is able to do so. Termination of the Agreement
 under this paragraph by either party shall not be considered a breach of the Agreement and
 shall not cause any penalty or other damages to be assessed against the terminating party.

E. Indemnification. TPAC covenants and agrees to indemnify and hold harmless the City from
 and against any and all claims, demands, liabilities and costs, including reasonable attorney's
 fees, arising from damage or injury, actual or claimed, of whatsoever kind or character, to
 property or persons occurring or allegedly occurring in, on, or about the Facility, or arising
 from the negligent or intentional acts or omissions of TPAC, its employees, agents,
 contractors, licensees or invitees. Provided, however, TPAC has no duty or responsibility to
 indemnify, protect, defend, and save the City harmless from and against any and all claims,
 demands, liabilities, and costs arising from the negligent or intentional acts or omissions of the
 City, its employees or agents.

F. Hold-harmless. Except as provided herein, neither party agrees to indemnify or hold the other
 harmless from any and all claims, losses, expenses, fees including attorney fees, costs, and
 judgments that may be asserted against either party that result from the performance of this
 Agreement or operation of the Facility. Additionally, both parties agree to waive the right of
 subrogation against the other for all property and casualty insurance losses.

G. Fixtures and Equipment. All additions of fixtures and permanent improvements made or
 placed by TPAC to or upon the Facility shall immediately become and be the property of
 City and shall remain upon and be surrendered with the Facility as a part thereof, including
 upon termination of this Agreement or any extension thereof. TPAC will not make any
 alterations in or additions to the Facility, without obtaining the prior written consent of the
 City’s Division of Buildings and General Services. Notwithstanding the foregoing, those
 items of personal property and equipment set out in EXHIBIT D, attached hereto and made
 a part hereof, as well as all replacements thereof or additions thereto, are and will remain the
 property of TPAC, which will be annually updated on or before December 31 of each year,
 and significant purchases shall be recorded as assets.

 ARTICLE IV
 Insurance

A. Commercial General Liability. At all times during the term of this Agreement TPAC will
 maintain Commercial General Liability insurance coverage to afford protection for damage


 Page 10 of 16 November 14, 2024
 occurring upon the Facility. Such insurance shall be in the amount of one million dollars
 ($1,000,000,00) per occurrence for liability, with an annual aggregate limit per policy period
 of no less than five million dollars ($5,000,000.00).

B. TPAC Fire and Extended Coverage. TPAC will maintain fire and extended coverage insurance
 in an amount adequate to replacing all items of personal property, equipment, and fixtures
 owned by TPAC and maintained within the Facility during the period of TPAC's occupancy
 and management.

C. City Fire and Extended Coverage. The City will maintain fire and extended coverage insurance
 on the Facility, either through voluntary insurance market products or through self-insurance
 or a combination of both, during the period of TPAC's occupancy and management of the
 Facility. City may choose to not repair or replace the Facility in the event a casualty loss or
 losses make usage of the Facility impracticable, in which case this Agreement shall be
 terminated with no further obligation on the part of either party.

D. Annual Coverage Review. At the end of each of the City's fiscal years occurring during this
 Agreement, the City and TPAC will review the insurance coverage maintained by each party
 to this Agreement and each agree by this provisions to maintain such coverage as has hereto
 described and to immediately cure any deficiencies in coverage found to exist. Both parties
 agree to cooperate with the other in effecting the annual review of coverage contemplated by
 this provision and to the extent that one party fails to provide evidence of insurance, the
 affected party may secure such required insurance and charge the other party the amount of
 the premium paid.

E. Additional Insurer. Both parties agree to name the other party as an additional insured on any
 required policies under this Article.

 ARTICLE V
 Default

A. Default by TPAC. Upon the occurrence of any of the events of default described below, the
 City may give TPAC written notice specifically stating the default and advise TPAC that if
 the default is not cured within ninety (90) days, the City may commence legal action requiring
 specific performance and/or terminate the Agreement. If TPAC cures the default during the
 cure period of ninety (90) days from the date the notice is received to the satisfaction of the
 City, the notice of termination shall lapse and be of no further effect. However, if the event of
 default has not been cured, the City may commence legal action for specific performance
 and/or terminate this Agreement. The following shall be deemed events of default ("Events of
 Default") by TPAC hereunder:
 1. During the Agreement TPAC shall (a) become insolvent, (b) make an assignment
 for the benefit of creditors, (c) call a meeting of creditors for the composition of debts, or


 Page 11 of 16 November 14, 2024
 (d) there shall be filed by or against TPAC a petition in bankruptcy or for the
 reorganization or if a custodian, receiver or agent is appointed or authorized to take charge
 of any of the properties of TPAC; or

 2. TPAC shall fail to perform any covenant or agreement herein contained.
 Upon termination of this Agreement, TPAC's rights to possession and management of the
 Facility shall cease and the City shall take possession of the Facility for any remainder of
 any term. The City shall have such other rights and remedies as may be provided under
 Kansas Law and equity.

B. Default by City. Upon the occurrence of any of the events of default described below, TPAC
 may give the City written notice specifically stating the default and advise the City that if the
 default is not cured within ninety (90) days, TPAC may commence legal action requiring
 specific performance and/or terminate the Agreement. If the City cures the default during the
 cure period of ninety (90) days from the date the notice is received to the satisfaction of TPAC,
 the notice of termination shall lapse and be of no further effect. However, if the event of default
 has not been cured, TPAC may commence legal action for specific performance and/or
 terminate this Agreement. The following shall be deemed events of default ("Events of
 Default") by the City hereunder:
 1. The City shall become insolvent or file or have filed against it, a petition in bankruptcy
 or for reorganization; or

 2. The City shall fail to perform any covenant or agreement herein contained. Upon such an
 Event of Default, TPAC shall have the rights and remedies available under applicable law
 and equity and shall be entitled to obtain a judgment requiring the City's specific
 performance hereof, time being of the essence.

 ARTICLE VI
 General Provisions

A. Notices. All written notices between the parties relating to this Agreement shall be deemed
 to be sufficiently given if mailed, postage prepaid, by certified or registered mail, return
 receipt requested, addressed as follows:

 If to the TPAC:
 Shane Grau, Board President
 Topeka Performing Arts Center, Inc.
 214 SE 8th Avenue
 Topeka, Kansas 66603

 If to the City:
 Brenda Younger, City Clerk


 Page 12 of 16 November 14, 2024
 City of Topeka
 215 SE 7th St, Room 166
 Topeka, Kansas 66603



B. Rights and Remedies. The rights and remedies reserved by City and TPAC herein and those
 provided by law shall be construed as cumulative and continuing rights. No one of them shall
 be exhausted by the exercise thereof on one or more occasions. Unless otherwise provided
 within this Agreement, the City and TPAC shall each be entitled to specific performance, and
 injunctive or other equitable relief for any breach or threatened breach of any of the provisions
 of this Agreement, notwithstanding the availability of an adequate remedy at law, and each
 party hereby waives the right to raise such defense in any proceeding in equity.

C. Waiver of Breach. No waiver of any breach of any covenant or agreement herein contained
 shall operate as a waiver of any subsequent breach of the same covenant or agreement or as
 a waiver of any breach of any other covenant or agreement. In case of a breach by either party
 of any covenant, agreement or undertaking, the non-defaulting party may nevertheless accept
 from the other any payment or payments or performance hereunder without in any way
 waiving its right to exercise any of its rights and remedies provided for herein or otherwise
 with respect to any such default or defaults which were in existence at the time such payment
 or payments or performance were accepted by it. This Agreement shall be construed against
 any such implicit waiver or renunciation of right after breach.

D. City and TPAC Shall Not Unreasonably Withhold Consents and Approvals; Manner Of
 Consents. Wherever in this Agreement it is provided that the City or TPAC shall, may, or
 must give its approval or consent, or execute supplemental agreements, exhibits or schedules,
 the City or TPAC shall not unreasonably, arbitrarily, or unnecessarily withhold, delay or
 refuse to give such approvals or consents or refuse to execute such supplemental agreements,
 exhibits or schedules. In the case of the City, its consent shall be obtained as follows:
 1. TPAC shall give notice to the City. The City Manager or their designee, shall take such
 action as may be necessary to consent or withhold consent as the case may be. In the event
 the City Manager or their designee withholds or delays consent, then TPAC shall have
 the right within ten (10) calendar days to appeal such refusal to the Governing Body, and
 the Governing Body shall take action concerning the appeal at its next regularly held City
 Council meeting. Unless otherwise provided herein, if the Governing Body unreasonably
 withholds or delays its consent, TPAC may seek a determination from a court of
 appropriate jurisdiction that the City is unreasonably withholding or delaying such
 consent.

E. Quiet Enjoyment. The City covenants that unless an Event of Default has occurred with
 respect to TPAC, TPAC shall not be in default under this Agreement, TPAC shall and may



 Page 13 of 16 November 14, 2024
 peaceably and quietly operate and manage the Facility and the City will defend TPAC's rights
 herein against all parties; and the City will not disturb TPAC's possession and operation of
 the Facility.

F. Due Organization of City. City covenants that it is a municipal corporation duly organized
 and existing under the laws of the State of Kansas, with lawful power and authority to enter
 into this Agreement, acting by and through its duly authorized officials.

G. Additional Covenants of TPAC. TPAC covenants that it is a nonprofit corporation duly
 organized and existing under the laws of the State of Kansas, with lawful power and authority
 to enter into this Agreement, acting by and through its duly authorized officers. The execution
 of this Agreement and the performance of the terms of this Agreement by TPAC will not
 result in a breach of any of the terms of, or constitute a default under, any indenture, mortgage,
 deed of trust, lease, or other agreement or instrument to which TPAC is a party or by which
 it or any of its property is bound, or TPAC's Articles of Incorporation or Bylaws, or any order,
 rule or regulation applicable to TPAC or its property or any court or other governmental body.

H. Amendments. This Agreement shall only be amended, changed or modified in writing
 executed by City and TPAC, with the same formalities as this Agreement.

I. Construction and Enforcement. This Agreement shall be construed and enforced in
 accordance with the laws of Kansas. Wherever in this Agreement it is provided that either
 party shall or will make any payment or perform or refrain from performing any act or
 obligation, each such provision shall, even though not so expressed, be construed as an
 express covenant to make such payment or to perform, or not to perform, as the case may be,
 such act or obligation.

J. Invalidity of Provisions of Agreement. If for any reason any provision hereof shall be
 determined to be invalid or unenforceable, the validity and effect of the other provisions
 hereof shall not be affected thereby.

K. No Third Party Beneficiaries. The parties hereto expressly agree that no party other than
 TPAC or the City is intended to obtain any right or interest pursuant to this Agreement and
 no such third party shall be entitled to make any claim or obtain any relief on the basis of this
 Agreement.

L. Paragraph Headings. The paragraph headings shall not be treated as a part of this Agreement
 or as affecting the true meaning of the provisions hereof.

M. Execution of Counterparts. This Agreement may be executed simultaneously in two or more
 counterparts, each of which shall be deemed to be an original, but all of which together shall
 constitute one and the same instrument.


 Page 14 of 16 November 14, 2024
N. Complete Agreement. This Agreement and the exhibits and schedules hereto set forth all
 promises, covenants, agreements, conditions, and understanding between the parties hereto
 with respect to the subject matter hereof, and supersedes all prior contemporaneous
 agreements and understandings, letter agreements, inducements, or conditions, express or
 implied, orally, or written, except as herein contained.

O. No Partnerships or Agency. Nothing herein contained shall be construed or held to make the
 City a partner, joint-venturer or associate of TPAC in the conduct of its business, 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.

P. Other Agreements or Instruments. TPAC and the City agree to execute and deliver such other
 documents, agreements, or instruments as may be necessary or convenient to effect the
 purposes of this Agreement and to comply with any of the terms thereof.

Q. Covenant of Good Faith. Every duty, right, or obligation contained in this Agreement imposes
 an obligation of good faith in its performance or enforcement. For the purposes of the
 Agreement, "good faith" dealing means honesty in fact in the conduct or the transaction
 concerned.

R. Assignment. Neither the City nor TPAC shall in any manner assign, mortgage, pledge, sell,
 or in any manner transfer, convey, or dispose of this Agreement or any interest therein or part
 thereof.

S. Encumbrances. TPAC shall not do or suffer anything to be done whereby the Facility, or any
 part thereof, may be encumbered by a mechanics lien or similar lien, or mortgage. Further,
 TPAC shall not similarly encumber or pledge any benefits due it under this Agreement.

T. Non-Discrimination. TPAC agrees: (a) to comply with all federal, state, and local laws and
 ordinances prohibiting unlawful discrimination and to not unlawfully discriminate against
 any person because of age, color, disability, familial status, gender identity, genetic
 information, national origin or ancestry, race, religion, sex, sexual orientation, veteran status,
 or any other classification protected by law in the admission or access to, or treatment, or
 employment in, its programs or activities; (b) to include in all solicitations or advertisements
 for employees, the phrase "equal opportunity employer;" and (c) to include those provisions
 in every subcontract or purchase order so that they are binding upon such subcontractor or
 vendor. TPAC understands and agrees that the failure to comply with the requirements of this
 paragraph may constitute a breach of contract, and the contract may be cancelled, terminated,
 or suspended, in whole or in part, by the City. In the event the City is required to enter into a
 voluntary compliance plan to resolve a discrimination investigation, suit, or other such


 Page 15 of 16 November 14, 2024
 proceeding, TPAC and the City will jointly work together to comply with the requirements
 contained in that plan.

U. Termination for Loss of Property Tax Exemption. This Agreement shall terminate
 immediately if the use of the Facility by TPAC under this Agreement would cause the City
 to lose its property tax exemption under K.S.A.79-201a.

V. Signatures. This Agreement may be signed by fax or electronic signature, which will be
 deemed to be an original signature. This contract may be executed in counterparts, each of
 which shall be deemed to be an original, and all of which shall be deemed to constitute one
 and the same instrument.

W. Kansas Open Records Act. Notwithstanding any language to the contrary, TPAC must
 comply with all the requirements of the Kansas Open Records Act in providing services under
 this Agreement. Furthermore, nothing in this Agreement shall be prevent the City of Topeka
 from complying with its obligations under the Kansas Open Records Act, as determined upon
 the advice of the City of Topeka’s legal counsel.

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

 CITY OF TOPEKA, KANSAS



 Robert M. Perez, Ph.D., City Manager

ATTEST:
 APPROVED AS TO FORM AND LEGALITY

 DATE__________ BY_________________
Brenda Younger, City Clerk

 TOPEKA PERFORMING ARTS CENTER, INC.



 Shane Grau, Board President

ATTEST:




 Page 16 of 16 November 14, 2024
 5 4 3 2 1 BAR IS ONE INCH ON OFFICIAL DRAWINGS. 0 1" IF NOT ONE INCH, ADJUST SCALE ACCORDINGLY.

 GENERAL DEMOLITION NOTES BY


 EXHIBIT A A. THIS BUILDING IS LISTED ON THE NATIONAL HISTORIC
 REGISTER. ANY WORK UNDERTAKEN BY THIS PROJECT WILL
 COMPLY WITH THE SECRETARY OF THE INTERIOR'S STANDARDS
 FOR THE TREATMENT OF HISTORIC PROPERTIES.
 B. IT SHALL BE THE PRIORITY OF THE CONTRACTOR PERFORMING

 DESCRIPTION
 DEMOLITION TO PRESERVE, RESTORE AND PROTECT THE
 EXTERIOR APPEARANCE OF THE BUILDING ALONG WITH ANY
 HISTORIC FEATURES - EXTERIOR AND INTERIOR TO THE BUILDING
 - IDENTIFIED OR UNCOVERED DURING SELECTIVE DEMOLITION.
 C. THE GC SHALL VERIFY BUILDING AND SITE CONDITIONS AND ASI 001
E REPORT ANY DISCREPANCIES TO THE ARCHITECT.
 STORAGE
 17 EXIST WOMEN'S D. THE GC SHALL COORDINATE ARCHITECTURAL, STRUCTURAL,
 TOILET CIVIL, MECHANICAL, ELECTRICAL, AND PLUMBING WORK AND ALL
 01A SUBCONTRACTORS FOR DEMOLITION AND REPAIR WORK.
 STORAGE EXIST WOMEN'S E. IT IS THE INTENT OF THESE DRAWINGS TO INDICATE THE
 40 LAVATORY REMOVAL OF ALL ITEMS WHICH INTERFERE WITH THE FINAL
 EXIST BOILER RM TECHNICIAN'S OFFICE SHOP / STORAGE SERVICE ENTRANCE 01B
 # DATE
 CONSTRUCTION AS SHOWN ON THE FLOOR PLANS, ELEVATIONS,
 67 39 19 18 DETAILS, AND SCHEDULES.
 F. TYP. ITEMS TO BE DEMOLISHED SHALL BE REMOVED IN THEIR

 03/19/2023
 ENTIRETY, BACK TO THE ORIGINAL SOURCE. SURROUNDING
 MATERIALS WHICH ARE DISTURBED OR DEMOLISHED THAT ARE
 03/19/2024
 1 11/20/2023
 SCHEDULED TO REMAIN SHALL BE PATCHED WITH LIKE
 CORR SURROUNDING MATERIALS, TYP. SALVAGE HISTORIC LIGHT
 16 VEST FIXTURES FOR REUSE AS INDICATED.
 01




 ALL RIGHTS RESERVED. ALL BARTLETT & WEST PLANS, SPECIFICATIONS AND DRAWINGS ARE PROTECTED UNDER COPYRIGHT LAW, AND NO PART MAY BE COPIED, REPRODUCED, DISPLAYED PUBLICLY, USED TO CREATE DERIVATIVES, DISTRIBUTED, STORED IN A RETRIEVAL SYSTEM OR TRANSMITTED IN ANY FORM BY ANY MEANS WITHOUT PRIOR WRITTEN PERMISSION OF BARTLETT & WEST.
 G. NON HISTORIC MATERIALS TO BE DEMOLISHED SHALL BE AT
 JAN




 www.bartlettwest.com
 1200 SW Executive DR. - Topeka, KS 66615
 STORAGE THE CONTRACTORS DISCRETION, BUT IS ENCOURAGED, TO
 15 02 RECYCLE THESE MATERIALS.
 H. HISTORIC INTACT DOORS, WINDOWS, OR OTHER ORIGINAL
 BUILDING MATERIALS DESIGNATED FOR REMOVAL AND/OR ARE
 FOUND ON SITE THAT ARE NOT DESIGNATED FOR REUSE SHALL
 BE STORED ON SITE, IN THE BUILDING THEY ORIGINATED FROM,
 FOR THE OWNER.
 I. NOTIFY ARCHITECT IF DEMOLITION WORK UNCOVERS DAMAGED
 ELEVATOR LOBBY STRUCTURAL COMPONENTS NOT NOTED TO BE REPAIRED.
 03 J. COORDINATE REMOVAL AND/OR SALVAGE OF EXIST FIRE




 (785) - 272 - 2252
 SPRINKLER EQUIPEMENT, MECHNICAL EQUIPMENT, FIRE ALARM
D PETRO GREEN RM PANELS, ALARM PULL STATIONS, FIRE HOSE CABINETS,
 21 EXIST FOYER ELECRTICAL PANELS, TELEPHONE PANELS, FUSE BOXES, PIPING,
 06A CONDUIT, ETC. WITH MEP DRAWINGS.
 MACHINE ROOM K .REMOVE EXIST BUILDING WALLS, DOORS, BUILDING
 04B COMPONENTS AS INDICATED ON THE DRAWINGS, INCLUDING
 MECHANICAL, ELECTRICAL, PLUMBING, AND STRUCTURAL
 DRAWINGS. CAREFULLY REMOVE OR DISMANTLE ITEMS
 SCHEDULED FOR REUSE OR SALVAGE FOR OWNER.
 GYM L. PROTECT ALL FLOOR, WALL AND CEILING SURFACES
 05 SCHEDULED TO REMAIN DURING DEMOLITION AND
 CONSTRUCTION ACTIVIITES, INCLUDING BUT NOT LIMITED TO
 CORR TERRAZZO FLOORING, MARBLE, AND PLASTER FINISHES.
 24 M. REMOVE THE LEAST AMOUNT OF EXIST PLASTER CEILING
 NECESSARY TO REMOVE EXIST AND INSTALL NEW HVAC EQUIP.
 EXIST. MECH RM HILLS FESTIVAL HALL
 42D 046 N. DEMOLISH CONCRETE FLOOR SLABS AS REQUIRED TO INSTALL
 NEW MEP SYSTEMS AND FLOOR DRAINS - REF. MEP DRAWINGS.
 O. REF ROOF DEMOLITION PLAN FOR ROOF DEMOLITION WORK.
 COLUMNS IN P. GC SHALL COORDINATE WITH OWNER FOR HAZARDOUS
 ROOM ARE NOT MATERIAL ASSESSMENTS AND ABATEMENTS AS REQUIRED.
 NUMAKER DANCE GRAPHICALLY R. AT BUILDING EXTERIOR - REMOVE UNUSED CONDUIT OR
 PIPING, MISCELLANEOUS FASTENERS, ANTENNAS,
 STUDIO SHOWN CABLE/TELEPHONE/SECURITY BOXES, VARIOUS SCREWS AND
 EXIST STAGE LIFT 22
 35 NAILS, UNUSED DOWNSPOUT HARDWARE, AND VINES, ETC.
 HALL ATTACHED TO BUILDING.




 CITY OF TOPEKA
 34 S. REMOVE ITEMS OF DEMOLITION WORK FROM THE PROJECT
 DAILY AND DISPOSE OF PROPERLY.
C T. REMOVE NON-HISTORIC FLOOR FINISHES DOWN TO EXIST
 CONCRETE SLAB OR DECK, UNO.




 BASEMENT DEMO PLAN
 U. PROVIDE SHORING AS NECESSARY AT REMOVED DOORS IN
 WALLS TO REMAIN.
 V. AT CONNECTIONS OF NON-HISTORIC WALLS TO BE REMOVED
 TO HISTORIC WALLS TO REMAIN PROTECT HISTORIC WALL
 FINISHES, CAREFULLY REMOVE NON-HISTORIC MATERIALS, AND
 PROVIDE CLEAN FINAL APPEARANCE.
 W. PROTECT TERRAZZO FLOORING & METAL TRIM, STAIRS &
 RAILINGS FROM DAMAGE DURING DEMOLITION & CONSTRUCTION.




 TOPEKA MUNICIPAL BUILDING: TPAC HVAC PROJECT
 X. PROTECT CENTRAL CORE COMPONENTS INCLUDING WALLS,
 WALL FINISHES, DOORS, TRIM, ELEVATOR, STAIRS, & RAILINGS
 FROM DAMAGE DURING THE WORK.
 Room Y. REPAIR OR REPLACE ANY EXIST MATERIALS INCLUDING BUT
 HUSSEY BLACK BOX
 42A NOT LIMITED TO: DOORS, TRIM, WALL OR CEILING SURFACES,
 23A ETC.- WHICH ARE SCHEDULED TO REMAIN THAT ARE DAMAGED
 DURING CONSTRUCTION WITH MATERIALS IN-KIND MATCHING
 DIMENSION, PROFILE, MATERIAL, TEXTURE, AND FINISH.
 Z. PROTECT EXIST TREES, PLANTINGS, AND LANDSCAPING TO
 REMAIN DURING EXTERIOR WORK.
 ZA. PROTECT ELEVATOR AND ELEVATOR DOORS.
 Room Room ZB. REMOVE CONCRETE CURB WHERE HISTORIC WALLS ARE




 214 SE 8th Street, Topeka, KS 66603
 42B 42C MANAGER'S OFFICE REMOVED. GRIND DOWN TO CREATE SMOOTH FLUSH SURFACE
 05A THAT MATCHES HEIGHT OF EXIST SURROUNDING FLOOR.
 DIMMER RM ZC. ALL LIGHT FIXTURES THAT HAVE TO BE REMOVED FOR NEW
 23B HVAC INSTALLATION SHALL BE SALVAGED FOR REUSE AFTER
B
 HVAC INSTALLATION IS COMPLETE



 CORR
 CORRIDOR STAIR C DEMOLITION LEGEND
 11A 06B
 Room 27
 EXIST MECH RM 035 REMOVE WALL
 42
 REMOVE PIPE

 WOMEN'S LOCKER MEN'S LOCKER REMOVE DOOR
 05C 05B




Drawing Location: Autodesk Docs://Topeka Preforming Arts Center/Topeka Performing Arts Center_R22_ARCH_.rvt
 WOMEN'S TOILET DRESSING ROOM #1 DRESSING ROOM #2 STORAGE EXISTING WALL
 31 26 25 10 Y
 AR
 MEN'S TOILET
 IN
 30A
 EL
 EXIST MEN'S EXIST MEN'S TOILET
 IM
 LAVATORY 09B
 PR
 09A
 DESIGNED BY: BMH
 DRAWN BY: BMH
 APPROVED BY: KVK
A
 DESIGN PROJ: HP0693.0001.00
 CONST PROJ: ---
 SCALE: AS NOTED
 DATE: 11/10/2023



 City of Topeka Property
 DRAWING NO:


 BASEMENT DEMO PLAN
 0 8' 16' 24'
 3/32" = 1'-0" A1 AD100
 1

 5 4 3 2 1
 5 4 3 2 1 BAR IS ONE INCH ON OFFICIAL DRAWINGS. 0 1" IF NOT ONE INCH, ADJUST SCALE ACCORDINGLY.

 GENERAL DEMOLITION NOTES BY

 A. THIS BUILDING IS LISTED ON THE NATIONAL HISTORIC
 REGISTER. ANY WORK UNDERTAKEN BY THIS PROJECT WILL
 COMPLY WITH THE SECRETARY OF THE INTERIOR'S STANDARDS
 FOR THE TREATMENT OF HISTORIC PROPERTIES.
 B. IT SHALL BE THE PRIORITY OF THE CONTRACTOR PERFORMING

 DESCRIPTION
 DEMOLITION TO PRESERVE, RESTORE AND PROTECT THE
 SOUTHEAST ENTRY EXTERIOR APPEARANCE OF THE BUILDING ALONG WITH ANY
 MECH FOYER MECH HISTORIC FEATURES - EXTERIOR AND INTERIOR TO THE BUILDING
 107 104D 106 - IDENTIFIED OR UNCOVERED DURING SELECTIVE DEMOLITION.
 ASI 001
 BREAK ROOM
 013GG C. THE GC SHALL VERIFY BUILDING AND SITE CONDITIONS AND
E REPORT ANY DISCREPANCIES TO THE ARCHITECT.
 COURTROOM D. THE GC SHALL COORDINATE ARCHITECTURAL, STRUCTURAL,
 NORTHEAST ENTRY 013BB CIVIL, MECHANICAL, ELECTRICAL, AND PLUMBING WORK AND ALL
 SHOWER TOILET FOYER D02 1 SUBCONTRACTORS FOR DEMOLITION AND REPAIR WORK.
 147 146 104F OPEN OFFICE E. IT IS THE INTENT OF THESE DRAWINGS TO INDICATE THE
 FLEMING RM OFFICE SHEFFEL RM 013AA REMOVAL OF ALL ITEMS WHICH INTERFERE WITH THE FINAL

 # DATE
 D01 CONSTRUCTION AS SHOWN ON THE FLOOR PLANS, ELEVATIONS,
 DETAILS, AND SCHEDULES.
 SOUTHEAST FOYER F. TYP. ITEMS TO BE DEMOLISHED SHALL BE REMOVED IN THEIR

 03/19/2023
 ENTIRETY, BACK TO THE ORIGINAL SOURCE. SURROUNDING
 03/19/2024
 1 11/20/2023
 D02 104C SECURE ROOM
 1 MATERIALS WHICH ARE DISTURBED OR DEMOLISHED THAT ARE
 STORAGE DRESS RM 013III SCHEDULED TO REMAIN SHALL BE PATCHED WITH LIKE
 148 145 SURROUNDING MATERIALS, TYP. SALVAGE HISTORIC LIGHT
 FIXTURES FOR REUSE AS INDICATED.




 ALL RIGHTS RESERVED. ALL BARTLETT & WEST PLANS, SPECIFICATIONS AND DRAWINGS ARE PROTECTED UNDER COPYRIGHT LAW, AND NO PART MAY BE COPIED, REPRODUCED, DISPLAYED PUBLICLY, USED TO CREATE DERIVATIVES, DISTRIBUTED, STORED IN A RETRIEVAL SYSTEM OR TRANSMITTED IN ANY FORM BY ANY MEANS WITHOUT PRIOR WRITTEN PERMISSION OF BARTLETT & WEST.
 EAST CORRIDOR G. NON HISTORIC MATERIALS TO BE DEMOLISHED SHALL BE AT
 HNDCP PHONE PHONE PHONE




 www.bartlettwest.com
 1200 SW Executive DR. - Topeka, KS 66615
 104E THE CONTRACTORS DISCRETION, BUT IS ENCOURAGED, TO
 111 110 109 WAITING WAITING RECYCLE THESE MATERIALS.
 103Z 013CC H. HISTORIC INTACT DOORS, WINDOWS, OR OTHER ORIGINAL
 BUILDING MATERIALS DESIGNATED FOR REMOVAL AND/OR ARE
 FOUND ON SITE THAT ARE NOT DESIGNATED FOR REUSE SHALL
 JAN BE STORED ON SITE, IN THE BUILDING THEY ORIGINATED FROM,
 STOR 112 FOR THE OWNER.
 CORR STORAGE EAST THEATER VEST 113
 144 137B 136 I. NOTIFY ARCHITECT IF DEMOLITION WORK UNCOVERS DAMAGED
 VEST MEN'S TLT STRUCTURAL COMPONENTS NOT NOTED TO BE REPAIRED.
 J. COORDINATE REMOVAL AND/OR SALVAGE OF EXIST FIRE




 (785) - 272 - 2252
 114 115
 SPRINKLER EQUIPEMENT, MECHNICAL EQUIPMENT, FIRE ALARM
D PANELS, ALARM PULL STATIONS, FIRE HOSE CABINETS,
 MECH LOBBY/SECURITY ELECRTICAL PANELS, TELEPHONE PANELS, FUSE BOXES, PIPING,
 102 013DD CONDUIT, ETC. WITH MEP DRAWINGS.
 STAGE VEST K .REMOVE EXIST BUILDING WALLS, DOORS, BUILDING
 137A COMPONENTS AS INDICATED ON THE DRAWINGS, INCLUDING
 STOR MECHANICAL, ELECTRICAL, PLUMBING, AND STRUCTURAL
 116 DRAWINGS. CAREFULLY REMOVE OR DISMANTLE ITEMS
 SCHEDULED FOR REUSE OR SALVAGE FOR OWNER.
 TICKET OFFICE L. PROTECT ALL FLOOR, WALL AND CEILING SURFACES
 102A SCHEDULED TO REMAIN DURING DEMOLITION AND
 CONSTRUCTION ACTIVIITES, INCLUDING BUT NOT LIMITED TO
 TERRAZZO FLOORING, MARBLE, AND PLASTER FINISHES.
 GRAND STAIR
 A1 M. REMOVE THE LEAST AMOUNT OF EXIST PLASTER CEILING
 NECESSARY TO REMOVE EXIST AND INSTALL NEW HVAC EQUIP.
 N. DEMOLISH CONCRETE FLOOR SLABS AS REQUIRED TO INSTALL
 NEW MEP SYSTEMS AND FLOOR DRAINS - REF. MEP DRAWINGS.
 O. REF ROOF DEMOLITION PLAN FOR ROOF DEMOLITION WORK.
 P. GC SHALL COORDINATE WITH OWNER FOR HAZARDOUS
 MATERIAL ASSESSMENTS AND ABATEMENTS AS REQUIRED.
 GEORGIA NEESE R. AT BUILDING EXTERIOR - REMOVE UNUSED CONDUIT OR
 GRAY PERFORMANCE PIPING, MISCELLANEOUS FASTENERS, ANTENNAS,
 STAGE ORCHESTRA LIFT HALL CABLE/TELEPHONE/SECURITY BOXES, VARIOUS SCREWS AND
 KIENE & BRADLEY
 143 140 135 SOUTH THEATER GRAND STAIR SANTA FE GRAND NAILS, UNUSED DOWNSPOUT HARDWARE, AND VINES, ETC.
 LOBBY
 VEST LANDING PROMENADE ATTACHED TO BUILDING.




 CITY OF TOPEKA
 100
 134 104B 104A S. REMOVE ITEMS OF DEMOLITION WORK FROM THE PROJECT
 DAILY AND DISPOSE OF PROPERLY.
C T. REMOVE NON-HISTORIC FLOOR FINISHES DOWN TO EXIST




 FIRST FLOOR DEMO PLAN
 CONCRETE SLAB OR DECK, UNO.
 U. PROVIDE SHORING AS NECESSARY AT REMOVED DOORS IN
 WALLS TO REMAIN.
 V. AT CONNECTIONS OF NON-HISTORIC WALLS TO BE REMOVED
 TO HISTORIC WALLS TO REMAIN PROTECT HISTORIC WALL
 HILLS FOYER FINISHES, CAREFULLY REMOVE NON-HISTORIC MATERIALS, AND
 PROVIDE CLEAN FINAL APPEARANCE.
 101
 W. PROTECT TERRAZZO FLOORING & METAL TRIM, STAIRS &
 RAILINGS FROM DAMAGE DURING DEMOLITION & CONSTRUCTION.




 TOPEKA MUNICIPAL BUILDING: TPAC HVAC PROJECT
 GRAND STAIR X. PROTECT CENTRAL CORE COMPONENTS INCLUDING WALLS,
 A2 WALL FINISHES, DOORS, TRIM, ELEVATOR, STAIRS, & RAILINGS
 FROM DAMAGE DURING THE WORK.
 Y. REPAIR OR REPLACE ANY EXIST MATERIALS INCLUDING BUT
 STOR NOT LIMITED TO: DOORS, TRIM, WALL OR CEILING SURFACES,
 127 ETC.- WHICH ARE SCHEDULED TO REMAIN THAT ARE DAMAGED
 DURING CONSTRUCTION WITH MATERIALS IN-KIND MATCHING
 STAGE VEST DIMENSION, PROFILE, MATERIAL, TEXTURE, AND FINISH.
 139A
 Z. PROTECT EXIST TREES, PLANTINGS, AND LANDSCAPING TO
 REMAIN DURING EXTERIOR WORK.
 ZA. PROTECT ELEVATOR AND ELEVATOR DOORS.
 ZB. REMOVE CONCRETE CURB WHERE HISTORIC WALLS ARE
 POWDER WOMEN'S TOILET TICKET OFFICE TLT




 214 SE 8th Street, Topeka, KS 66603
 REMOVED. GRIND DOWN TO CREATE SMOOTH FLUSH SURFACE
 WEST THEATER VEST 124 126 103G 103H STOR
 VAULT THAT MATCHES HEIGHT OF EXIST SURROUNDING FLOOR.
 138 103J
 STORAGE 103E ZC. ALL LIGHT FIXTURES THAT HAVE TO BE REMOVED FOR NEW
 Room STOR
 139B HVAC INSTALLATION SHALL BE SALVAGED FOR REUSE AFTER
B 103F
 HVAC INSTALLATION IS COMPLETE
 VEST JAN
 JAN 125 123
 149
 CORR
 150 ADMIN OFFICE OFFICE
 DEMOLITION LEGEND
 103A 103K
 REMOVE WALL
 HNDCP PHONE PHONE PHONE
 122 121 120 REMOVE PIPE
 CORR DRESSING ROOM TOILET
 151 152 153
 REMOVE DOOR


 D02 1 SOUTHWEST FOYER OFFICE CONF




Drawing Location: Autodesk Docs://Topeka Preforming Arts Center/Topeka Performing Arts Center_R22_ARCH_.rvt
 104G 103L 103D
 TPAC OFFICE - CAP EXISTING WALL
 D01 ANTON FED TPAC CONCESSIONS Y
 131B 131A 130 1 AR
 SHOWER
 154
 NORTHWEST ENTRY
 FOYER
 DEMO KEYNOTES IN
 104K
 EL
 D02 1 MARK DESCRIPTION IM
 D01 REMOVE HISTORIC CLAY TILE WALL & PR
 TERRAZZO/CONCRETE BASE PER DETAIL ON
 OFFICE OFFICE SHEET A501. PROTECT SURROUNDING HISTORIC
 103B 103C MATERIAL TO REMAIN. DESIGNED BY:
 MECH MECH BMH
 D02 DISMANTLE & SALVAGE HISTORIC DOOR AND
 119 SOUTHWEST ENTRY 118 FRAME TO OWNER. DRAWN BY: BMH
 VEST
 FOYER
 104H APPROVED BY: KVK
A
 DESIGN PROJ: HP0693.0001.00
 CONST PROJ: ---
 SCALE: AS NOTED
 DATE:


 City of Topeka Property
 11/10/2023
 DRAWING NO:


 FIRST FLOOR DEMO PLAN
 0 8' 16' 24'
 3/32" = 1'-0" A1 AD101
 1

 5 4 3 2 1
 5 4 3 2 1 BAR IS ONE INCH ON OFFICIAL DRAWINGS. 0 1" IF NOT ONE INCH, ADJUST SCALE ACCORDINGLY.

 GENERAL DEMOLITION NOTES BY

 A. THIS BUILDING IS LISTED ON THE NATIONAL HISTORIC
 REGISTER. ANY WORK UNDERTAKEN BY THIS PROJECT WILL
 COMPLY WITH THE SECRETARY OF THE INTERIOR'S STANDARDS
 FOR THE TREATMENT OF HISTORIC PROPERTIES.
 B. IT SHALL BE THE PRIORITY OF THE CONTRACTOR PERFORMING

 DESCRIPTION
 DEMOLITION TO PRESERVE, RESTORE AND PROTECT THE
 EXTERIOR APPEARANCE OF THE BUILDING ALONG WITH ANY
 OFFICE HISTORIC FEATURES - EXTERIOR AND INTERIOR TO THE BUILDING
 - IDENTIFIED OR UNCOVERED DURING SELECTIVE DEMOLITION.
 C. THE GC SHALL VERIFY BUILDING AND SITE CONDITIONS AND ASI 001
E REPORT ANY DISCREPANCIES TO THE ARCHITECT.
 D. THE GC SHALL COORDINATE ARCHITECTURAL, STRUCTURAL,
 SALISBURY STAR COURT OPEN CIVIL, MECHANICAL, ELECTRICAL, AND PLUMBING WORK AND ALL
 LOUNGE CORRIDOR OFFICES SUBCONTRACTORS FOR DEMOLITION AND REPAIR WORK.
 223E 201 200AF E. IT IS THE INTENT OF THESE DRAWINGS TO INDICATE THE
 NORTHEAST STAIR
 201A REMOVAL OF ALL ITEMS WHICH INTERFERE WITH THE FINAL

 # DATE
 CONSTRUCTION AS SHOWN ON THE FLOOR PLANS, ELEVATIONS,
 PRINCIPAL'S TOILET DETAILS, AND SCHEDULES.
 DRESSING RM 223D STORAGE STORAGE STORAGE STORAGE JAN OFFICE F. TYP. ITEMS TO BE DEMOLISHED SHALL BE REMOVED IN THEIR

 03/19/2023
 ENTIRETY, BACK TO THE ORIGINAL SOURCE. SURROUNDING
 03/19/2024
 224 HALL 202 203 204 205 206
 1 11/20/2023
 223C MATERIALS WHICH ARE DISTURBED OR DEMOLISHED THAT ARE
 WOMEN'S TOILET SCHEDULED TO REMAIN SHALL BE PATCHED WITH LIKE
 207 SURROUNDING MATERIALS, TYP. SALVAGE HISTORIC LIGHT
 EXIT PASSAGEWAY FIXTURES FOR REUSE AS INDICATED.
 221




 ALL RIGHTS RESERVED. ALL BARTLETT & WEST PLANS, SPECIFICATIONS AND DRAWINGS ARE PROTECTED UNDER COPYRIGHT LAW, AND NO PART MAY BE COPIED, REPRODUCED, DISPLAYED PUBLICLY, USED TO CREATE DERIVATIVES, DISTRIBUTED, STORED IN A RETRIEVAL SYSTEM OR TRANSMITTED IN ANY FORM BY ANY MEANS WITHOUT PRIOR WRITTEN PERMISSION OF BARTLETT & WEST.
 STAR DRESSING G. NON HISTORIC MATERIALS TO BE DEMOLISHED SHALL BE AT




 www.bartlettwest.com
 1200 SW Executive DR. - Topeka, KS 66615
 223A THE CONTRACTORS DISCRETION, BUT IS ENCOURAGED, TO
 RECYCLE THESE MATERIALS.
 TOILET STOR H. HISTORIC INTACT DOORS, WINDOWS, OR OTHER ORIGINAL
 225 220B WAITING BUILDING MATERIALS DESIGNATED FOR REMOVAL AND/OR ARE
 CORRIDOR
 FOUND ON SITE THAT ARE NOT DESIGNATED FOR REUSE SHALL
 222 200AE
 BE STORED ON SITE, IN THE BUILDING THEY ORIGINATED FROM,
 FOR THE OWNER.
 I. NOTIFY ARCHITECT IF DEMOLITION WORK UNCOVERS DAMAGED
 LOBBY/HALL STRUCTURAL COMPONENTS NOT NOTED TO BE REPAIRED.
 200AA J. COORDINATE REMOVAL AND/OR SALVAGE OF EXIST FIRE




 (785) - 272 - 2252
 SPRINKLER EQUIPEMENT, MECHNICAL EQUIPMENT, FIRE ALARM
D MENS PANELS, ALARM PULL STATIONS, FIRE HOSE CABINETS,
 200AC ELECRTICAL PANELS, TELEPHONE PANELS, FUSE BOXES, PIPING,
 CONDUIT, ETC. WITH MEP DRAWINGS.
 K .REMOVE EXIST BUILDING WALLS, DOORS, BUILDING
 COMPONENTS AS INDICATED ON THE DRAWINGS, INCLUDING
 MECHANICAL, ELECTRICAL, PLUMBING, AND STRUCTURAL
 DRAWINGS. CAREFULLY REMOVE OR DISMANTLE ITEMS
 WOMENS SCHEDULED FOR REUSE OR SALVAGE FOR OWNER.
 200AB L. PROTECT ALL FLOOR, WALL AND CEILING SURFACES
 SCHEDULED TO REMAIN DURING DEMOLITION AND
 CONSTRUCTION ACTIVIITES, INCLUDING BUT NOT LIMITED TO
 TERRAZZO FLOORING, MARBLE, AND PLASTER FINISHES.
 M. REMOVE THE LEAST AMOUNT OF EXIST PLASTER CEILING
 NECESSARY TO REMOVE EXIST AND INSTALL NEW HVAC EQUIP.
 N. DEMOLISH CONCRETE FLOOR SLABS AS REQUIRED TO INSTALL
 NEW MEP SYSTEMS AND FLOOR DRAINS - REF. MEP DRAWINGS.
 O. REF ROOF DEMOLITION PLAN FOR ROOF DEMOLITION WORK.
 P. GC SHALL COORDINATE WITH OWNER FOR HAZARDOUS
 MATERIAL ASSESSMENTS AND ABATEMENTS AS REQUIRED.
 R. AT BUILDING EXTERIOR - REMOVE UNUSED CONDUIT OR
 PIPING, MISCELLANEOUS FASTENERS, ANTENNAS,
 CABLE/TELEPHONE/SECURITY BOXES, VARIOUS SCREWS AND
 NAILS, UNUSED DOWNSPOUT HARDWARE, AND VINES, ETC.
 ATTACHED TO BUILDING.




 CITY OF TOPEKA
 MUNICIPAL COURT S. REMOVE ITEMS OF DEMOLITION WORK FROM THE PROJECT




 SECOND FLOOR DEMO PLAN
 COUNCIL CHAMBERS DAILY AND DISPOSE OF PROPERLY.
C 200 T. REMOVE NON-HISTORIC FLOOR FINISHES DOWN TO EXIST
 CONCRETE SLAB OR DECK, UNO.
 U. PROVIDE SHORING AS NECESSARY AT REMOVED DOORS IN
 WALLS TO REMAIN.
 V. AT CONNECTIONS OF NON-HISTORIC WALLS TO BE REMOVED
 TO HISTORIC WALLS TO REMAIN PROTECT HISTORIC WALL
 CORR
 FINISHES, CAREFULLY REMOVE NON-HISTORIC MATERIALS, AND
 200BB PROVIDE CLEAN FINAL APPEARANCE.
 W. PROTECT TERRAZZO FLOORING & METAL TRIM, STAIRS &
 RAILINGS FROM DAMAGE DURING DEMOLITION & CONSTRUCTION.




 TOPEKA MUNICIPAL BUILDING: TPAC HVAC PROJECT
 X. PROTECT CENTRAL CORE COMPONENTS INCLUDING WALLS,
 WALL FINISHES, DOORS, TRIM, ELEVATOR, STAIRS, & RAILINGS
 FROM DAMAGE DURING THE WORK.
 Y. REPAIR OR REPLACE ANY EXIST MATERIALS INCLUDING BUT
 NOT LIMITED TO: DOORS, TRIM, WALL OR CEILING SURFACES,
 ETC.- WHICH ARE SCHEDULED TO REMAIN THAT ARE DAMAGED
 DURING CONSTRUCTION WITH MATERIALS IN-KIND MATCHING
 DIMENSION, PROFILE, MATERIAL, TEXTURE, AND FINISH.
 Z. PROTECT EXIST TREES, PLANTINGS, AND LANDSCAPING TO
 REMAIN DURING EXTERIOR WORK.
 ZA. PROTECT ELEVATOR AND ELEVATOR DOORS.
 ZB. REMOVE CONCRETE CURB WHERE HISTORIC WALLS ARE




 214 SE 8th Street, Topeka, KS 66603
 REMOVED. GRIND DOWN TO CREATE SMOOTH FLUSH SURFACE
 THAT MATCHES HEIGHT OF EXIST SURROUNDING FLOOR.
 FINGER PRINT
 CITY 4 ZC. ALL LIGHT FIXTURES THAT HAVE TO BE REMOVED FOR NEW
 200AJ
 200AQ HVAC INSTALLATION SHALL BE SALVAGED FOR REUSE AFTER
B
 HVAC INSTALLATION IS COMPLETE
 STOR
 CORRIDOR 220A
 HALL
 DEMOLITION LEGEND
 227
 AS
 REMOVE WALL
 CONFERENCE ROOM
 EXIT PASSAGEWAY 200AK REMOVE PIPE
 STAR DRESSING 219
 OFFICE REMOVE DOOR
 228A MEN'S TOILET 200AP
 212
 PRINCIPAL'S DRESS STORAGE STORAGE STORAGE STORAGE JAN
 RM 217 216 215 214 213




Drawing Location: Autodesk Docs://Topeka Preforming Arts Center/Topeka Performing Arts Center_R22_ARCH_.rvt
 229 EXISTING WALL
 TOILET Y
 OFFICE
 228D OFFICE AR
 200AL
 CORRIDOR 200AO HALL IN
 GARRETT STAR 218 200AR EL
 LOUNGE IM
 228E PR
 OFFICE
 OFFICE 200AM DESIGNED BY: BMH
 200AN
 DRAWN BY: BMH
 APPROVED BY: KVK
A
 DESIGN PROJ: HP0693.0001.00
 CONST PROJ: ---
 SCALE:


 City of Topeka
 AS NOTED
 DATE: 11/10/2023
 DRAWING NO:


 SECOND FLOOR DEMO PLAN
 0 8' 16' 24'
 3/32" = 1'-0" A1 AD102
 1

 5 4 3 2 1
 EXHIBIT B

Outlined areas represent “Catacombs” storage area not pictured on plans between floors 1 and 2




 7
 6 T
 5
 4 P
 JOINT STORAGE USE 3 A
 2 C
 1




 TPAC Property Joint Storage
 EXHIBIT C
A. The City of Topeka performs clearance activities during regular business hours Monday through Friday between
 the hours of 8 a.m. and 5 p.m. in addition to hours in which City sponsored activities are scheduled outside of
 regular business hours in the Municipal Court facility.
B. TPAC is responsible for clearance activities otherwise.




 TPAC Snow Removal

  City Snow Removal
 Topeka Performing Arts Center - Inventory EXHIBIT D
 Dept Dept No TPAC # Description Date Life Amount
Furniture & Equipment 5 200 Office Furniture Oct-90 5 $ 7,893.75
Furniture & Equipment 5 210 Norstar Telephone System Oct-90 5 $ 7,970.52
Donated Equipment 6 070 Furniture Jan-91 7 $ 1,650.00
Furniture & Equipment 5 220 Jenkins Music - Piano Feb-91 20 $ 15,000.00
Furniture & Equipment 5 250 Vargas - Furniture Feb-91 7 $ 441.00
Furniture & Equipment 5 260 Ed Marlings - Furniture Feb-91 7 $ 884.00
Furniture & Equipment 5 270 Linda Lee - Chairs Feb-91 7 $ 17,603.07
Furniture & Equipment 5 280 Equipment Kitchen Feb-91 10 $ 23,903.05
Furniture & Equipment 5 300 Pennsylvania House - FURN Feb-91 7 $ 1,386.14
Furniture & Equipment 5 340 Flagline America Mar-91 10 $ 343.27
Furniture & Equipment 5 350 Piano Dolly Mar-91 5 $ 394.00
Furniture & Equipment 5 360 Irwin Seating - Theater Chairs Mar-91 7 $ 500.00
Furniture & Equipment 5 410 Dressing Room Furniture Mar-91 7 $ 1,460.87
Furniture & Equipment 5 420 Music Stands Mar-91 10 $ 1,725.00
Furniture & Equipment 5 430 AV Equipment Mar-91 5 $ 4,248.26
Furniture & Equipment 5 460 Equipment Kitchen, Bars, concessions Mar-91 10 $ 11,237.52
Furniture & Equipment 5 470 Equipment Kitchen, Bars, concessions Mar-91 10 $ 18,322.78
Furniture & Equipment 5 480 Card Tables Mar-91 5 $ 126.30
Furniture & Equipment 5 490 Blower Motor Mar-91 5 $ 706.58
Furniture & Equipment 5 500 Creative Signs Apr-91 5 $ 82.00
Furniture & Equipment 5 530 Capital City Office Apr-91 7 $ 1,778.73
Furniture & Equipment 5 550 Portable lift Apr-91 20 $ 3,900.00
Furniture & Equipment 5 560 Furniture Apr-91 7 $ 4,244.00
Furniture & Equipment 5 570 Kitchen Sinks Apr-91 10 $ 4,692.81
Furniture & Equipment 5 580 Cardinal Apr-91 5 $ 340.80
Furniture & Equipment 5 590 Wolfes Apr-91 5 $ 552.57
Furniture & Equipment 5 630 Lamps May-91 7 $ 252.54
Furniture & Equipment 5 640 Cardinal - trash cans May-91 5 $ 267.12
Furniture & Equipment 5 650 Topeka FM May-91 5 $ 413.20
Furniture & Equipment 5 670 Podium May-91 7 $ 749.40
Furniture & Equipment 5 680 DL Smith Electrical May-91 20 $ 906.00
Furniture & Equipment 5 690 Graphic Impression May-91 5 $ 973.56
Furniture & Equipment 5 700 SW Bell Installation May-91 5 $ 263.39
Furniture & Equipment 5 720 Cocktail Tables Jun-91 7 $ 298.35
Furniture & Equipment 5 750 Elect Identification Sign Jul-91  5 $ 31,949.00
Furniture & Equipment 5 770 Furniture - CAP CY OFF PR Jul-91  7 $ 7,078.06
Furniture & Equipment 5 780 Love Seat - CAP CY OFF PR Aug-91 7 $ 1,989.23
Furniture & Equipment 5 790 Linda Lee Design Aug-91 7 $ 4,391.27
Furniture & Equipment 5 800 Laminator - Luggage Slot Aug-91 7 $ 61.78
Furniture & Equipment 5 810 Laminator Sep-91 7 $ 415.74
Furniture & Equipment 5 820 Table Caddy Oct-91 7 $ 862.74
Furniture & Equipment 5 860 Equipment Marketing Nov-91 10 $ 938.25
Furniture & Equipment 5 870 Welding Cable & Receptacl Nov-91 5 $ 3,205.33
Furniture & Equipment 5 740 & 830 Xenon Followspots & 500 W Quartz Lamps Nov-91 5 $ 8,400.40
Furniture & Equipment 5 880 Topeka FM - Dividers Jan-92 5 $ 720.00
Furniture & Equipment 5 890 Topeka FM - P50 4 Watt 2 CH Feb-92 5 $ 1,055.66
Furniture & Equipment 5 900 Computer Cart Apr-92 5 $ 112.43
Furniture & Equipment 5 940 Storage Cabinet Jul-92  7 $ 402.31
Furniture & Equipment 5 960 Desks Jul-92  7 $ 3,098.57
Furniture & Equipment 5 980 Computer Cart Aug-92 5 $ 675.64
Furniture & Equipment 5 1000 MAS 90 Software Aug-92 5 $ 2,180.66
Furniture & Equipment 5 1010 Desks and Floor Mats Sep-92 7 $ 1,083.99
Furniture & Equipment 5 1020 Filing Cabinet & Chairs Sep-92 7 $ 656.32
Furniture & Equipment 5 1030 Computer Printer, Soft Sep-92 5 $ 2,986.27
Furniture & Equipment 5 1050 Computer Tables Oct-92 7 $ 296.52
Furniture & Equipment 5 1080 Piano Bench Oct-92 7 $ 344.18
Furniture & Equipment 5 1090 Music Stand & Lights Oct-92 7 $ 450.00

 Page 1 of 3
 Topeka Performing Arts Center - Inventory


 Dept Dept No TPAC # Description Date Life Amount
Furniture & Equipment 5 1070 Computer Tables Dec-92 7 $ 148.26
Furniture & Equipment 5 1100 Wireless Microphones Dec-92 7 $ 5,938.45
Furniture & Equipment 5 1110 Banquet Tables Mar-93 7 $ 666.44
Furniture & Equipment 5 1120 Dance Floor May-93 20 $ 1,596.34
Furniture & Equipment 5 1150 Sound Boards Jun-93 7 $ 15,800.28
Furniture & Equipment 5 1160 Leko Lights Jun-93 7 $ 2,412.00
Furniture & Equipment 5 1170 Lamp Bars, Truss, Connector Jun-93 7 $ 12,110.23
Furniture & Equipment 5 1180 Ashley Power AMPS, Limiter Jun-93 7 $ 10,261.01
Furniture & Equipment 5 1190 Sound/Light Jun-93 7 $ 3,572.75
Furniture & Equipment 5 1210 Lights Jun-93 7 $ 2,165.53
Furniture & Equipment 5 1280 Metal Signs Apr-94 7 $ 1,017.00
Furniture & Equipment 5 1290 Meridan Telephone Apr-94 5 $ 421.34
Furniture & Equipment 5 1310 Desk Unit w/ Files May-94 7 $ 1,948.17
Furniture & Equipment 5 1330 Box Office Wide Printer May-94 7 $ 783.66
Furniture & Equipment 5 1340 CT 800 Crown AMP Aug-94 5 $ 1,345.46
Furniture & Equipment 5 1350 Laserjet 4+ Printer IBM Aug-94 5 $ 1,778.06
Furniture & Equipment 5 1430 Various Indoor Signs Aug-94 7 $ 783.66
Furniture & Equipment 5 1360 30 30x96 Tables Sep-94 7 $ 3,996.00
Furniture & Equipment 5 1370 20 30x72 Tables Sep-94 7 $ 2,466.00
Furniture & Equipment 5 1380 35 24x72 Tables Sep-94 7 $ 3,969.00
Furniture & Equipment 5 1390 15 Round 5 Ft Tables Sep-94 7 $ 2,295.00
Furniture & Equipment 5 1400 5 Round 6 ft Tables Sep-94 7 $ 1,064.25
Furniture & Equipment 5 1410 10 Round 30" Tables Sep-94 7 $ 1,183.00
Furniture & Equipment 5 1420 Burgandy/Black Chair Oct-94 7 $ 169.39
Furniture & Equipment 5 1450 20 Maroon Tablecloths Nov-94 7 $ 2,045.22
Furniture & Equipment 5 1460 Strand LBX Control Desk (Light Board) Dec-94 5 $ 10,455.78
Furniture & Equipment 5 1470 F9 For Windows Software Jan-95 5 $ 143.68
Furniture & Equipment 5 1480 Table Cloths Oct-95 7 $ 3,638.49
Furniture & Equipment 5 1540 Orchestra Shell Oct-95 7 $ 1,801.09
Furniture & Equipment 5 1530 Coat Racks May-96 7 $ 251.76
Furniture & Equipment 5 1570 Event Sched Software May-96 5 $ 2,000.00
Furniture & Equipment 5 1560 Gateway Comp-Bus MGR Aug-96 5 $ 2,693.83
Furniture & Equipment 5 1580 MAS 90 for Windows Aug-96 5 $ 1,800.52
Furniture & Equipment 5 1590 HP Laserjet 1600c Sep-96 5 $ 1,459.56
Furniture & Equipment 5 1600 File Cabinets Midwest Oct-96 7 $ 944.74
Furniture & Equipment 5 1610 File Cabinets Midwest Oct-96 7 $ 631.60
Furniture & Equipment 5 1620 Gateway computer Nov-96 5 $ 3,008.53
Furniture & Equipment 5 1640 HON 30x60 Desk & Chairs Jan-97 7 $ 1,401.03
Furniture & Equipment 5 1680 Washer and Dryer Mar-97 7 $ 100.00
Furniture & Equipment 5 1650 CPE Gate Apr-97 5 $ 1,781.20
Furniture & Equipment 5 1660 Monitor Box Offices Apr-97 5 $ 214.00
Furniture & Equipment 5 1670 Adjust Aluminum Easel Apr-97 7 $ 159.21
Furniture & Equipment 5 1690 Office Furniture Jul-97  7 $ 402.26
Furniture & Equipment 5 1730 Gateway 233MHZ Computer Aug-97 5 $ 3,142.80
Furniture & Equipment 5 1740 Gateway 200MHZ Computers-2 Aug-97 5 $ 4,997.44
Furniture & Equipment 5 1700 Filing Cabinet Sep-97 7 $ 631.59
Furniture & Equipment 5 1710 F9 Program Software Sep-97 3 $ 220.79
Furniture & Equipment 5 1720 Zip Drive Sep-97 5 $ 254.65
Furniture & Equipment 5 1750 Gateway Comp. GP6 - 266 Aug-98 5 $ 1,843.10
Furniture & Equipment 5 1770 Gateway CP6 33c PC Aug-98 5 $ 5,953.08
Furniture & Equipment 5 1780 Fileserver/4 Workstations Aug-98 5 $ 18,948.31
Furniture & Equipment 5 1800 Tables - 4 rounds Aug-98 7 $ 985.82
Furniture & Equipment 5 080 Computer Model 50 Sep-98 5 $ 2,150.00
Furniture & Equipment 5 090 Software Sep-98 5 $ 30.00
Furniture & Equipment 5 1810 Telephone set Oct-98 5 $ 342.20
Furniture & Equipment 5 1820 Office Furniture Nov-98 7 $ 132.69
Furniture & Equipment 5 320 Crowd Control Rope & Stations Feb-99 10 $ 2,748.80

 Page 2 of 3
 Topeka Performing Arts Center - Inventory


 Dept Dept No TPAC # Description Date Life Amount
Furniture & Equipment 5 1830 Refrigerator - Stainless 4 door Feb-99 7 $ 1,000.00
Furniture & Equipment 5 1790 Laptop Computer Mar-99 5 $ 2,259.34
Furniture & Equipment 5 1840 Officer Furniture Apr-99 7 $ 130.87
Furniture & Equipment 5 1850 Cash Register May-99 7 $ 338.62
Furniture & Equipment 5 1870 Organizer Aug-99 3 $ 395.15
Furniture & Equipment 5 1890 Silverware Aug-99 7 $ 999.81
Furniture & Equipment 5 1900 Haunted House Set & Costumes (partial owner) Oct-99 3 $ 1,905.31
Furniture & Equipment 5 1910 Small Oven Nov-99 7 $ 369.00
Furniture & Equipment 5 1920 Refrigerator / Freezer Nov-99 7 $ 1,116.06
Furniture & Equipment 5 1930 Table - Rolling Counter Nov-99 7 $ 1,293.38
Furniture & Equipment 5 1940 Refrigerator - Perlick Beer Unit Jan-00 7 $ 972.95
Furniture & Equipment 5 1950 Tape Back-Up Jan-00 5 $ 747.57
Furniture & Equipment 5 1960 Computer Jan-00 5 $ 2,585.78
Furniture & Equipment 5 1970 Pitney Bowes - mailing machine & scale May-00 5 $ 4,698.22
Furniture & Equipment 5 1980 HP Printer 4050 Jul-00  5 $ 1,892.59
Furniture & Equipment 5 2000 Phones/Charger Oct-00 5 $ 544.66
Furniture & Equipment 5 2010 Carpetriever - vacuum Nov-00 5 $ 1,785.23
Furniture & Equipment 5 2030 Ice Machine Nov-00 5 $ 4,187.18
Furniture & Equipment 5 2020 Aquaclean Classic - (carpet shampoo machine) Dec-00 5 $ 1,550.05
Furniture & Equipment 5 2040 Office Furniture (partition system) Feb-01 5 $ 160.00
Furniture & Equipment 5 2050 Computer Mar-01 5 $ 2,443.14
 Wenger Orchester Shell May-01 $ 6,000.00

 Total $ 401,444.89




 Page 3 of 3
Business and Marketing Plan CY2025
Topeka Performing Arts Center
Business and Marketing Plan CY2025

Mission Statement
Background
VenuWorks Term and Organizational Chart
Market Analysis - Booking
CY2024 Review

CY2025 Goals and new Objectives
Rental Rates
CY2025 Budget

MISSION STATEMENT

The mission of the Topeka Performing Arts Center is to foster the performing arts through excellence in programming by
providing for the advancement, promotion, presentation, and development of the arts to meet the diverse cultural and
educational needs of our community.

BACKGROUND

In 1991, the Topeka Municipal Auditorium was transformed into a state-of-the-art performing arts center. The force for
this enterprise was a group of civic-minded individuals and local business owners who were interested in enhancing the
quality of life in the City of Topeka.

The Topeka Performing Arts Center Board of Trustees (TPAC) entered into an agreement with the City of Topeka owner to
manage the venue with the following contractual performance objectives:
 1. TPAC will endeavor to annually raise funds to support operations in an amount equal to or exceeding the amount
 of operating support provided by the City of Topeka.
 2. TPAC will present an annual program of professional touring events, which serves the diverse interests and
 patronage of the community.
 3. TPAC will produce, present or otherwise operate at least four youth arts-education programs each year.
 4. TPAC will provide youth-group discounted ticket programs for school groups and educational groups to attend
 TPAC shows, where appropriate.
 5. TPAC will make the performing arts Center’s facilities available to local arts organizations at reduced rental fees
 and support the presentation of their arts with staﬃng and services.
 6. On or before January 1 of each year, TPAC shall provide the City Council with its preliminary budget for the
 following calendar year. The budget shall show projected revenue and projected expenses including, but not
 limited to, salaries, advertising or other promotions, operating and capital expenditures.
 7. TPAC shall provide quarterly ﬁnancial reports to the City Council within thirty (30) days after the close of each
 calendar quarter. The reports shall detail all revenue including ticket sales and donations and expenditures
 including, but not limited to, advertising or other promotional activities, operating and capital expenditures.

On July 1, 2002, the TPAC Board entered into an agreement with VenuWorks (originally named Compass Management)
to provide full management, operational and marketing support for the venue. VenuWorks is the only employee-owned
private management company in the United States, and provides comprehensive management and consulting services
for arenas, theaters and convention centers across the Country.


There are several advantages for a municipal partner or authority board in contracting with private management
including:
 1. Reduction of Liability. VenuWorks carries all general liability and liquor related insurance at competitive national
 rates, shielding the owner and Board from litigation related to operation of the venue.
 2. Human Resources Management. All employees at the facility are VenuWorks employees beneﬁtting from
 competitive health beneﬁts and 401K programs, and since VenuWorks employs nationally over 3,500 employees
 the venue ﬁnancials will experience administrative savings in providing tax, beneﬁts and insurance processing.
 3. Booking and Programming network. VenuWorks specializes in recruiting nationally touring commercial acts and
 conferences to play in secondary and tertiary markets despite ﬁerce competition from surrounding larger
 markets and casinos/festivals/fairs.
 a. Additionally, a department of the parent company VenuWorks Presents acts as an independent promoter
 to purchase talent and play commercial touring acts in underserved markets at little to no ﬁnancial risk
 to venue owners.
 4. Sponsorship Development. VenuWorks staﬀ generate millions of dollars in revenue annually by assisting owners
 and Boards in obtaining naming rights, sponsorships, pouring rights, and display advertising. VenuWorks
 employees additionally participate in local service organizations and seek out private/public partnerships that
 are vital to the operation of a community public assembly space.
 5. Food and Beverage Services. VenuWorks staﬀ attend food shows and rely on a national pool of talent to ensure
 that the latest technologies and trends in food service are being oﬀered in every market, and to ensure that
 pricing will meet community expectations.
 6. Operational Controls, Systems and Procedures. VenuWorks employees are trained in preventative measures
 designed to minimize the risk of injury or damage. Risk management partner Holmes Murphy, along with our
 liability insurance company, conduct annual safety assessments for each of our venues. Additionally, VenuWorks
 employs a regular system of audit controls to conﬁrm that company procedures ranging from asset management
 to cash handling to risk management are being conducted according to best practices.
 7. Revenue beneﬁts and cost-savings with national vendor contracts. VenuWorks has national contracts with
 vendors that will increase ancillary revenues, for instance through a national partnership with TicketMaster the
 largest electronic ticketing vendor in the world and participates in volume discount programs with large national
 suppliers to reduce cost of goods and supplies ranging from ﬂoor scrubbers to toilet paper to chicken nuggets.

VENUWORKS TERM and ORGANIZATION STRUCTURE

The current management agreement between the TPAC Board and VenuWorks of Topeka LLC commenced on January 1,
2024, and expires on December 31, 2026, and allows for two (2) optional three-year extension terms subject to mutual
agreement of the Parties. VenuWorks is an independent contractor retained to provide management services for the
Topeka Performing Arts Center including, but not limited to, booking, selling tickets, marketing shows and the venue,
event production, guest services, facility operations, maintenance and light repairs, food and beverage services, ﬁnancial
and human resources administration, and sponsorship development.

To keep personnel expenses minimal, VenuWorks employs the following full-time employees and many part-time staﬀ to
accomplish these management services as follows:
Following is a brief description of job responsibilities per department:

 Executive Director
 Overall responsibility for ﬁnancial and staﬀ management and answers to Owner/Board. Including the following:
 Oversee management of calendar including theater and conference/banquet spaces. Prepare scaling’s and
 review promoter oﬀers. Create risk analysis and seek owner approval for shows with down-side risk. Issuance of
 contracts and insurance and approval of all show settlements. Oversee facility booking, including third-party
 rentals, third-party co-pro’s, “VenuWorks Presents” rentals and co-pros, and venue straight self-promoted talent
 buying. Seek out corporate meetings/workshops/private parties/banquets with area businesses to be held on-
 stage or in banquet spaces. Sponsorship sales with the assistance of the Board Members, City Manager and
 Mayor to open doors and present sponsorship opportunities for local businesses to ﬁnancially support the
 operation of the venue. At the Owner/Board’s request, prepare materials for Naming Rights sponsorship and
 pitch to potential parties as identiﬁed.
Business Manager
 On-site management of FT and PT staﬀ human resources onboarding in compliance with VenuWorks HR policies
and procedures Process employee payroll and manage time keeping. Perform monthly, quarterly, and annual
accounting activities including reconciliations of bank and credit card accounts, review of ﬁnancial reports and
support as necessary, including reconciliation of prepaid and accrual accounts. Generate monthly ﬁnancial
reporting and analysis. Process daily deposits and AP/AR. Manage vendor accounts and 1099 process. Process
sales tax remittances. Manage PO system for purchasing procedures and perform general ledger coding. Work
with Exec team to craft annual budget, regular forecasts against budget for year-end. On-site rep for merch
vendors including advancing touring merch requirements and on-site liaison and end of show settlement. Work
with F&B to secure local merch sellers.


 Marketing, Sales and Ticketing
 FT position supported by part-time staﬀ in following departments:
 Marketing: Manage marketing and publicity for each event including competitive media buying, securing
 graphic design services, promotional and trade development, website updates, e-blasts, etc. Coordinate with
 promoter partners, venue staﬀ and community partners. Serve as “traﬃc director” as event announce/on-
 sale timelines are developed. Monitor ticket sales and prioritize marketing eﬀorts to maximize ticket sales.
 Create on-site branding and “sizzle” to encourage F&B sales. Direct and maintain the overall marketing and
 branding strategy at a national level. Coordinate on-site marketing events including advancing show details,
 escorting media, contest winners, sponsors, and managing various event promotions and meet and greets.
 Manage all electronic assets for venues including website and social media accounts. Create and compile
 post-event reports for show settlement including invoices, tear sheets, patron feedback and other related
 materials.
 Ticketing: Receive ticketing letters and build ticket inventory in electronic ticketing system for announced
 shows. Coordinate on-sale, mid-cycle maintenance and day of show ticket sales. Perform ﬁnal audit and
 participate in show settlements. Perform the proper accounting of all money and tickets for events serviced
 by the building, including but not limited to daily balancing of ticket sellers, daily sales reports, daily
 accounting reconciliations, and deposits. Process comp ticket requests, coordinate sponsor & client ticket
 bank usage, and distribute premium seat tickets as needed. Perform interviews, hiring, training, scheduling
 and disciplinary functions for all part-time Ticket Oﬃce staﬀ.

 Group Sales and Premium Sales: Processing fulﬁllment requests for signage and ticket packages related to
 sponsor packages. Producing end of year reporting for sponsors. Processing and fulﬁlling group sales (i.e.:
 VIP lift packages or groups of 20+ with special add-on conditions for meals or transportation).


Director of Events Services
Coordinate with Executive Director in management of calendar including theater and conference/banquet
spaces

Sales: Coordinate with Executive Director in Booking, booking, booking. Includes third-party rentals; third-party
co-pro’s; “VenuWorks Presents” rentals and co-pro’s; and venue straight self-promoted talent buying. Seek out
corporate meetings/workshops/private parties/banquets with area businesses to be held on-stage or in banquet
spaces.

Supported by part-time positions for front-of-house; back-of-house; and custodial in addition to part-time staﬀ in
each department as follows:

Event Management: Meet with promoters, tour managers, community members and all other constituents to
plan events. Serve as primary on-site contact during events. Prepare event cost estimates as needed, and
accurately input costs into ﬁnancial settlement for each event. Rent equipment, schedule part-time staﬀ
including stagehands and runners to fulﬁll event requirements. Assist in creating and maintaining a successful
“backstage experience” for all visiting tours, artists and promoters.
 Guest Services: Manage all front-of-house functions including hiring, training and scheduling all ushers, ticket
 takers, t-shirt security, Police, medical and other staﬀ required. Oﬀer OSHA-required trained crowd
 management, CPR and other training to all FOH staﬀ. Respond to guest questions and/or complaints during
 events. Develop/coordinate a part-time employee rewards and retention program. Manage Incident Report
 documentation and OSHA logs. Monitor and maintain facility compliance with ADA requirements.


 Operations/Production Manager: Manage all back-of-house (BOH) functions including hiring, training and
 scheduling part-time staﬀ in charge of repairs and maintenance; grounds maintenance; preventative
 maintenance; contractor management (ﬁre inspection, elevator, sprinklers, etc.); custodial services after events;
 operational event needs including stage builds, chair sets, barricade sets, etc.; managing stage crew and hands
 including riggers to manage production needs for shows. Organize and execute training and safety programs to
 ensure compliance with all OSHA mandated requirements.

  Food and Beverage/Administrative Manager
  Supported by PT roles including cook(s), bartenders, servers, stockers and non-proﬁt groups.
 Overall concessions and banquet services management including licensing and permits (health, liquor,
  Servsafe) Hiring, and scheduling staﬀ; conduct specialized training to meet health department and OSHA
  requirements. Create banquet and concessions menus and pricing to achieve pre-determined proﬁt margins.
  Order products, manage inventory monthly and control spoilage. Determine staﬃng levels and locations of
  points of sale during events to maximize revenue and control expenses. Create banquet, wedding and VIP
  packages to attract parties to TPAC in addition to further expansion into event catering. Provide administrative
  support and box oﬃce sales support when schedule and workload allow.

MARKET ANALYSIS

Calendar Year 2024 represents the best ticket sales performance at the Topeka Performing Arts Center in the last several
years, if not for all time. Several shows this year have performed very well, and current sales are tracking to outperform
2023 sales by a signiﬁcant margin.

TPAC TICKET SALES HISTORY
 # of Ticketed Events w/
 Year Total Tickets Total Face Value
 Sales
 2021 45 21,067 $582,964.49
 2022 39 27,692 $825,863.00
 2023 38 27,979 $948,444.10
 2024* 31 21,557 $892,577.20
 * ticket sales and # of events as of 8/22/24
Approximately 8,500 tickets are attributed to local dance studios including Ballet Midwest and Dance Factory.

Commercial Touring: Sales Locations reported by Ticketmaster (2023):
Commercial Touring: Sales Locations reported by Ticketmaster (2024):




Commercial Touring: Sales Locations reported by Ticketmaster (2023):
42% of all tickets sold in Topeka KS
 Regions City State/Province Country Total Total

 SHAWNEE (KS) TOPEKA KS US 8246 $252,377.00
 JOHNSON (KS) DE SOTO KS US 972 $52,631.00
 DOUGLAS (KS) LAWRENCE KS US 629 $26,096.00
 RILEY (KS) MANHATTAN KS US 427 $18,422.00
 POTTAWATOMIE (KS) EMMETT KS US 356 $12,770.00
 JACKSON (MO) KANSAS CITY MO US 335 $22,592.00
 JACKSON (KS) DELIA KS US 330 $10,557.00
 OSAGE (KS) BURLINGAME KS US 315 $12,518.00
 JEFFERSON (KS) WINCHESTER KS US 284 $10,287.00
 GEARY (KS) MILFORD KS US 246 $11,446.50
 BROWARD (FL) HOLLYWOOD FL US 245 $5,738.00
 LEAVENWORTH (KS) TONGANOXIE KS US 203 $9,419.00
 WYANDOTTE (KS) KANSAS CITY KS US 197 $9,423.00
 LOS ANGELES (CA) BEVERLY HILLS CA US 195 $7,067.00
 SEDGWICK (KS) WICHITA KS US 186 $10,469.00
 WABAUNSEE (KS) HARVEYVILLE KS US 168 $5,152.00
 NEMAHA (KS) CENTRALIA KS US 165 $5,273.00
 CLAY (MO) KANSAS CITY MO US 154 $8,876.00
 LYON (KS) OLPE KS US 140 $6,878.00
 COFFEY (KS) GRIDLEY KS US 139 $4,076.00
Record of show performance last three years (yellow denotes highest selling commercial shows):
Dinosaur World Live 2/15/24 739 Dance Factory Company Concert 1/7/23 705 The Dance Factory Company Concert 202 1/8/22 637 Topeka Symphony Orchestra presents: G 2/13/21 2
Ozark Mountain Daredevils And The Topek 3/23/24 959 On Your Feet (Touring) 1/29/23 409 Bill Engvall 2/11/22 1,477 It Takes A Village Inc. Presents - The Choc 2/27/21 20
Baby Shark's Big Broadwave Tour 3/26/24 192 Legacy Reunion of Earth Wind and Fire Alu 2/17/23 850 Tom Segura: I'm Coming Everywhere - Wo 3/13/22 2,277 It Takes A Village Inc. Presents - The Choc 2/27/21 112
Baby Shark's Big Broadwave Tour 3/27/24 210 Switch In Time 4/7/23 215 Travis Tritt 4/14/22 1,068 It Takes A Village Inc. Presents - The Choc 2/27/21 22
Trey Kennedy: Grow Up 3/29/24 798 Ballet Midwest Presents: My First Ballet 4/15/23 5 Ballet Midwest Presents Giselle 4/22/22 257 It Takes A Village Inc. Presents - The Choc 2/27/21 255
Dwight Yoakam 4/4/24 1,375 Ballet Midwest Presents Sleeping Beauty 4/15/23 331 Ballet Midwest Presents Giselle 4/23/22 248 Topeka Symphony Orchestra presents: Br 3/27/21 16
AbbaFab 4/11/24 182 Ballet Midwest Presents Sleeping Beauty 4/16/23 528 Ballet Midwest Presents Giselle 4/24/22 283 Ballet Midwest Presents: Cinderella 4/16/21 277
Blippi: The Wonderful World Tour 4/13/24 1,138 Kansas Ballet Academy: Seasons Of Dan 5/23/23 535 Radiant Dance Presents: Road Trip USA 5/22/22 1,030 Ballet Midwest Presents: Cinderella 4/17/21 276
Ballet Midwest Presents Swan Lake 4/20/24 466 Kansas Ballet Academy: Seasons Of Dan 5/24/23 474 Radiant Dance Presents: Dance To Inspire 5/22/22 901 Ballet Midwest Presents: Cinderella 4/17/21 302
Ballet Midwest Presents Swan Lake 4/21/24 552 Radiant Dance Studio Presents: "Can You 5/28/23 1,197 Fuzion School of Dance: Night at the Movi 5/24/22 601 Ballet Midwest Presents: Cinderella 4/18/21 430
Nashville Nights 4/24/24 816 Radiant Dance Studio Presents: "Art In Mo 5/28/23 480 Fuzion School of Dance: Fuzion Dance Co 5/26/22 441 Topeka Symphony Orchestra presents: Di 4/24/21 52
Eddie Griffin 5/11/24 1,083 The Dance Factory June 2023 Concert 6/9/23 626 Kansas Ballet Academy Presents Reach F 5/31/22 493 Celebracion de la Madre's 5/9/21 172
Kansas Ballet Academy: DANCING AROU 5/21/24 519 The Dance Factory June 2023 Concert 6/10/23 1,407 Kansas Ballet Academy Presents Reach F 6/1/22 474 Radiant Dance Presents: Fun In The Sun 5/23/21 1,053
Kansas Ballet Academy: DANCING AROU 5/22/24 452 Infinity Dance Studio: Recital 2023 6/13/23 217 The Dance Factory June 2022 Concert 6/10/22 631 Radiant Dance Presents: Everybody Danc 5/23/21 610
Radiant Dance Presents: I Wanna Rock 5/26/24 1,134 Dwarfanators Wrestling 7/8/23 241 The Dance Factory June 2022 Concert 6/11/22 1,394 Fuzion Dance Presents: Time to Shine 5/27/21 540
Radiant Dance Presents: Radiate From W 5/26/24 448 BOZ SCAGGS AND KEB' MO' 7/28/23 1,418 North East Kansas High School Sports Aw 6/28/22 277 Fuzion Dance Presents: Solo / Duo Showc 5/27/21 50
Dance Factory June 2024 Concert 6/7/24 649 Kansas Ballet Presents Sleeping Beauty: A 7/29/23 560 Kansas Ballet Presents The Adventures O 7/29/22 427 Kansas Ballet Presents: Dancing Through 6/1/21 331
Dance Factory June 2024 Concert 6/8/24 830 True North 9/15/23 479 Andy McKee & Friends Concert for a Child 8/26/22 149 Kansas Ballet Presents: Dancing Through 6/1/21 162
Dance Factory June 2024 Concert 6/8/24 1,011 Pride Kansas Drag Night! 2023 Celebratio 9/16/23 221 “Weird Al” Yankovic: Unfortunate Return O 8/31/22 1,087 Kansas Ballet Presents: Dancing Through 6/2/21 199
Infinity Dance Studio Recital 2024 6/11/24 1,076 Roots & Boots: Sammy Kershaw, Aaron Ti 9/22/23 1,325 Disney Junior Live On Tour: Costume Palo 9/15/22 497 Fuzion Dance Presents: Time to Celebrate 6/6/21 349
Kansas Ballet Presents: Peter and the Wo 7/26/24 629 Casting Crowns 10/6/23 1,728 Chicago Comedy All Stars 9/24/22 90 Dance Factory: Spring 2021 Concert 6/11/21 605
Dance "Annie" Dance 8/3/24 114 World Ballet Series: Cinderella 10/18/23 833 Pride Kansas Drag Night! 2022 Celebratio 9/24/22 225 Dance Factory: Spring 2021 Concert 6/12/21 961
Dance "Annie" Dance 8/3/24 171 Last Out: Elegy of a Green Beret 10/20/23 34 Hairball 9/30/22 655 Liverpool Legends 7/10/21 403
Joe Bonamassa 8/8/24 1,953 Last Out: Elegy of a Green Beret 10/21/23 47 Bored Teachers 10/14/22 446 Steven Massey Dance Camp Summer Sho 7/17/21 159
Capital City Showtime Fights 8/17/24 238 Matt Mathews Presents When That Thang 10/27/23 803 WHOSE LIVE ANYWAY? 10/21/22 1,404 Kansas Ballet Summer Showcase 2021: T 7/30/21 499
Kansas: 50th Anniversary Tour 10/3/24 927 Nashville Nights 11/9/23 802 Liverpool Legends 10/29/22 357 A Chorus Line Presented by Topeka Perfo 9/24/21 302
Kansas: 50th Anniversary Tour 10/4/24 1,906 A Charlie Brown Christmas - Live on Stage 11/17/23 987 The Edwards Twins 10/30/22 125 A Chorus Line Presented by Topeka Perfo 9/25/21 311
Lorrie Morgan Ruby Anniversary Tour 10/5/24 235 Chocolate Nutcracker 11/25/23 317 Cirque Musica Holiday Wonderland 11/9/22 608 A Chorus Line Presented by Topeka Perfo 9/26/21 326
Chris Janson 11/1/24 183 Chocolate Nutcracker 11/25/23 261 JP Sears 11/11/22 626 Greg Gleason Magic and Mind Reading: C 10/1/21 321
Rudolph the Red-Nosed Reindeer: The Mu 11/25/24 272 Lindsey Stirling - Snow Waltz Tour 12/1/23 2,232 Carbonaro: Lies On Stage 11/19/22 831 Buddy 10/22/21 319
The Kready Holiday Spectacular 11/30/24 300 Ballet Midwest Presents: The Nutcracker 12/8/23 706 The Chocolate Nutcracker 11/26/22 225 Music of Billy Joel and Elton John starring M 10/23/21 171
 Ballet Midwest Presents: The Nutcracker 12/9/23 743 The Chocolate Nutcracker 11/26/22 324 Chicago 11/9/21 1,863
 Ballet Midwest Presents: The Nutcracker 12/9/23 611 Ballet Midwest Presents The Nutcracker 12/9/22 617 Three Dog Night 11/11/21 557
 Ballet Midwest Presents: The Nutcracker 12/10/23 838 Ballet Midwest Presents The Nutcracker 12/10/22 773 Shooting Star & Patriarch-V100's Birthday 11/13/21 606
 The Nutcracker - Kansas Ballet Featuring 12/16/23 1,403 Ballet Midwest Presents The Nutcracker 12/10/22 612 Shooting Star & Patriarch-V100's Birthday 11/13/21 682
 The Nutcracker - Kansas Ballet Featuring 12/17/23 1,408 Ballet Midwest Presents The Nutcracker 12/11/22 870 Say What Say Wiz Presented By It Takes A 11/27/21 105
 Kready Holiday Spectacular 12/23/23 1,056 Kansas Ballet Presents The Nutcracker 12/17/22 1,185 Say What Say Wiz Presented By It Takes A 11/27/21 104
 Kready Holiday Spectacular 12/23/23 947 Kansas Ballet Presents The Nutcracker 12/18/22 1,308 Say What Say Wiz Presented By It Takes A 11/28/21 140
 The Kready Holiday Spectacular 12/23/22 1,762 Ballet Midwest: The Nutcracker 12/10/21 747
 Ballet Midwest: The Nutcracker 12/11/21 829
 Ballet Midwest: The Nutcracker 12/11/21 708
 Ballet Midwest: The Nutcracker 12/12/21 880
 Kansas Ballet Presents The Nutcracker W 12/18/21 1,213
 Kansas Ballet Presents The Nutcracker W 12/19/21 1,383
 An Evening with Chevy Chase 12/23/21 1,643

 31 21,557 38 27,979 39 27,692 45 21,067

* ticket sales and events as of 8/22/24



Booking Metrics
 • As reported in the last census data, Topeka has a median household income of $40,988 (County) to $49,647
 (City). Since almost half of all tickets are sold in the County, these numbers become a benchmark for ticket
 pricing.
 o Based on the County metric, potential ticket buyer “couples” will have approximately $10,249 annually in
 disposable income after 25% is deducted for taxes and another 50% is deducted for living expenses.
 $10,249 over 52 weeks comes out to approximately $200 in disposable income per week for each
 couple.
 • Comedy does well in Topeka as evidenced by record sales from Tom Segura, Eddie Griﬃn, Chevy Chase, Weird Al,
 and other shows from previous years. Comedy booking will continue to be a focus for this market.
 • Conservative-type music does well in Topeka as evidenced by religious artists Casting Crowns, and older country
 acts including Dwight Yoakum, Sammy Kershaw, and Travis Tritt. Conversely, younger country acts have had poor
 attendance including Nashville Nights and Chris Janson each with slow starts at the on-sale. Older Country acts
 and Christian music will continue to be a focus for this market because of the age in the market and the lower
 ticket prices.
 • Some classic rock also does well in Topeka as evidenced by Chicago (the band), Kansas, and Joe Bonamassa,
 although Three Dog Night performed at a fraction of what it should have. Artist guarantees for this genre of
 music have skyrocketed post-pandemic.
 o Chicago played TPAC in 2021 to 1,863 tickets and they grossed $147,892 (average $79 ticket). This
 represents an underplay for this artist since the band has averaged 2,889 tickets sold and an average
 gross of $226,723 over the last 36 months according to trade magazine Pollstar (see graph below).
 o One factor aﬀecting diminished attendance in Topeka is the $79 ticket average, which targets only a
 small part of the Topeka demo and drives marketing into a much larger radius.
 o The other result of this Chicago underplay in Topeka results in lower proﬁtability for the third-party
 promoter purchasing the show and bringing it to TPAC. The diﬀerence between 1,863 paid tickets and
 2,889 tickets in a larger market comes out to about $30,000 in proﬁt for the promoter based on
 VenuWorks experience in other markets.
 o If classic rock can be purchased with guarantees in the range of $60,000 - $80,000, then the average
 ticket prices will be easily marketed in the Shawnee County market.
 o If the TPAC Board can support commercial touring with sponsorship to underwrite the cost of tickets
 (i.e.: using sponsorship dollars to cover half or more of the artist guarantee), then larger guarantees can
 be sought out and tickets can still be oﬀered to the public at a discounted rate.
 • Some children’s and young adult touring does well as evidenced by Blippi and Lindsey Stirling. VenuWorks will
 continue to seek out annual children’s programming at aﬀordable guarantees.




The Topeka radio market is also a good indicator of what local residents listen to. According to Google, Topeka has many
top radio stations, including country, rock, and sports stations:
 • The Big 94.5 Country: Topeka's top country music station – Tim McGraw, Jake Owen, Morgan Wallen, Keith
 Urban. (Currently advertising Chris Janson for TPAC)
 • Country 106.9: Topeka's country legends station (older Country)
 • KDVV: A classic rock station that plays harder-edged songs from the 1960s, 70s, and 80s (currently advertising
 the band Kansas with)
 • 580 WIBW: A station that covers sports, agriculture, weather, and talk
 • 1490 KTOP: Topeka's sports leader
 • The Eagle: A station that plays classic hits – Eagles, Steve Miller, Rolling Stones, Madonna (currently advertising
 the band Kansas with)
 • Majic 107.7 Topeka: A station that plays today's hits and yesterday's favorites (Hozier, Miley Cyrus, Lady Gaga,
 Katy Perry, Christina Perri, Sam Smith).
 • V100: Topeka's rock leader (Neil Young, Boston, Whitesnake, Black Sabbath, Pink Floyd, Bon Jovi, ZZ Top)
 • 98.5 Jack FM: A station that plays what we want (UB40, BonJovi, Elton John, Sublime, AC/DC, Mellencamp)

While the top station in the market appears to be targeted towards popular Country, the playlist and advertising are
focused on mainstream artists which will not ﬁt in the TPAC venue. Similarly, advertising on the station focuses on large
festivals including Cornstock and Thunder of the Heartland in addition to NASCAR events which TPAC cannot aﬀord to
advertise against. Country 106.9 has been a steadfast and regular partner with TPAC, and we already know this
combination works for selling tickets!
Classic rock stations KDVV, the Eagle, V100, Jack-FM, and Majic 107.7 also primarily play mainstream hits radio and do
not regularly feature artists that would ﬁt in TPAC.

Finally, the trade magazine Pollstar (pollstar.com) oﬀers information about the Top 75 commercial touring artists to
subscribers. Eliminating the top 35 tours grossing over $500,000 per show, we are left with an example of what current
touring shows are available for booking and how the ticket prices fall:

Rank 36 37 38 39 40 41 42 43 44 45
Artist Billy Idol Young Miko Mariah Carey Wallows John Legend Lindsey Stirling Elevation Worship 311 Bronco Forrest Frank

Avg. Tickets Sold 5620 4758 4419 4419 4353 3920 3836 3766 3709 3197
Number of Shows
 5 5 5 4 6 8 4 3 3 6
Reported
Avg. Gross Sales $408,001.00 $307,607.00 $753,390.00 $287,814.00 $549,396.00 $282,537.00 $187,166.00 $251,012.00 $310,359.00 $99,138.00
Avg. Capacity
 0.843 0.959 0.921 0.646 0.931 0.794 0.998 0.461 0.793 0.995
Sold
Average Ticket
 $72.60 $64.65 $170.49 $65.13 $126.21 $72.08 $48.79 $66.65 $83.68 $31.01
Price




Rank 46 47 48 49 50 51 52 53 54 55
 Blues Traveler /
 Dark Star Michael Franti & The Gaslight Treaty Oak
Artist Get The Led Out Joshua Bassett Boyz II Men Big Head Todd & America Justin Willman
 Orchestra Spearhead Anthem Revival
 The Monsters
Avg. Tickets Sold 2751 2652 2502 2249 2206 2105 2096 1758 1753 1600
Number of Shows
 6 3 6 3 3 4 5 6 3 3
Reported
Avg. Gross Sales $80,921.00 $130,195.00 $109,787.00 $311,096.00 $124,403.00 $85,524.00 $74,096.00 $91,838.00 $174,902.00 $79,243.00
Avg. Capacity
 0.746 0.66 0.63 0.961 0.727 0.627 0.628 0.565 0.833 0.761
Sold
Average Ticket
 $29.42 $49.09 $43.88 $138.33 $56.39 $40.63 $35.35 $52.24 $99.77 $49.53
Price




Rank 56 57 58 59 60 61 62 63 64 65
 "Bored Teachers
Artist Donny Osmond Gabby Barrett Tim Hawkins JPEGMafia Jeff Dunham Graham Nash Christopher Cross Alkaline Trio Jim Breuer
 Comedy Tour"
Avg. Tickets Sold 1580 1567 1538 1487 1385 1219 1140 1073 1017 975
Number of Shows
 4 3 4 5 6 5 5 4 3 3
Reported
Avg. Gross Sales $149,637.00 $86,387.00 $44,445.00 $54,339.00 $96,700.00 $60,487.00 $77,900.00 $81,076.00 $39,023.00 $53,766.00
Avg. Capacity
 0.698 0.914 0.885 0.74 1 0.722 0.898 0.566 0.71 0.642
Sold
Average Ticket
 $94.71 $55.13 $28.90 $36.54 $69.82 $49.62 $68.33 $75.56 $38.37 $55.14
Price




Rank 66 67 68 69 70 71 72 73 74 76
 The Australian Pecos & The
Artist Atsuko Okatsuka Mark Normand Steve-O Morgan Jay PJ Morton Kolby Cooper Sugar Sammy The Hip Abduction
 Pink Floyd Show Rooftops
Avg. Tickets Sold 965 932 932 811 725 676 659 640 614 585
Number of Shows
 13 3 3 5 7 4 6 3 9 3
Reported
Avg. Gross Sales $36,981.00 $59,644.00 $43,651.00 $41,313.00 $31,542.00 $46,733.00 $14,656.00 $14,515.00 $33,285.00 $12,634.00
Avg. Capacity
 1 0.722 0.74 0.658 1 0.53 0.556 0.439 0.945 1
Sold
Average Ticket
 $38.32 $64.00 $46.84 $50.94 $43.51 $69.13 $22.24 $22.68 $54.21 $21.60
Price




After eliminating the tours with gross ticket sales over $100,000 or ticket prices higher than $50 per head, and those
tours not remotely represented by the radio stations in the market, there are only a small number of popular artists
currently touring that can be sought after to play Topeka in the new year. There are however LOTS of artists available in
the classic Country, Christian and comedy markets which will continue to be a mainstay for the ﬁnancial success of TPAC.


2024 Year-to-date ﬁnancial performance

The Topeka Performing Arts Center under VenuWorks’ management has experienced success and has had several
proﬁtable years. VenuWorks was instrumental in securing a Shuttered Venues Operating Grant (SVOG) and Employee
Retention Tax Credit (ERTC)from the Federal Small Business Administration coming out of the COVID pandemic, for which
most municipalities or larger private management companies were not eligible. Following is the ﬁnancial performance
of the venue over the last several years:
Topeka Performing Arts Center 2024 Year End
 Actual Actual Actual Actual Actual Actual Approved YTD Actual
 Projections

 Jan - De c 20
 Jan - De c 18 Jan - De c 19 Jan - De c 21 Jan - De c 22 Jan - De c 23 2024 Budge t Jan - Se p 24 as of 10/25/24
 Pande m ic

Programming Revenue
Building Rent Revenue 55,978 65,179 28,561 76,271 96,930 97,971 95,015 62,542 82,409
Facility Fee Revenue/Rebates 90,733 170,784 21,337 103,957 168,842 155,620 279,447 100,061 179,492
Tick et Sales (15,739) 21,875 2,502 878 85,216 128,924 172,900 - 96,800
Co-Pro Revenue 8,185 41,162 8,127 14,390 20,539 18,202 22,950 7,854 26,104
In-House Equipment Revenue 16,420 8,227 3,230 11,957 26,604 26,755 29,902 21,082 25,542
Reimbursed Wages Revenue 115,923 131,449 51,251 163,122 142,551 151,328 186,963 93,924 127,108
Reimbursed Outside Expense Revenue 112,567 200,602 68,413 38,414 150,788 125,083 176,945 99,183 155,048
Reimbursed Box Office Revenue 7,139 12,915 1,671 5,533 5,573 7,291 16,134 8,997 12,780
Event Advertising 43,987 25,445 10,716 10,583 19,468 14,030 32,350 6,553 9,958
Catering Revenue 73,924 84,134 6,318 51,522 97,620 107,827 160,880 75,971 115,607
Merchandise Revenue 4,773 14,506 - 3,525 7,288 6,273 12,450 4,330 10,289
Sponsorship Revenue 56,948 53,250 34,651 19,310 58,750 118,850 96,500 1,764 35,764
 Total Programming Revenue 570,839 829,526 236,778 499,462 880,169 958,152 1,282,436 482,262 876,900


Fundraising Revenue
Campaign Event Rev (ACL, GBHH, Tee-Pac) 179,126 46,209 17,875 67,349 28,934 21,349 29,900 8,350 21,650
Friends of TPAC, Donations 25,958 43,769 47,534 22,865 28,744 17,646 109,500 11,174 16,174
 Total Fundraising Revenue 205,083 89,978 65,409 90,213 57,678 38,994 139,400 19,524 37,824


Contributions and Grants Revenue
Naming Rights - - - - - - - -
Trusts & Endowments (Actual adj. for CMV) (56,295) 123,567 64,899 120,386 (112,289) 101,872 33,658 35,270 35,270
Grants - - - 179,315 396,309 2,500 114,397 - 6,911 6,911
Visit Topek a - Transient Guest Tax 5,000 7,500 - - - - - - -
 Total Contributions & Grants Revenue (51,295) 131,067 244,214 516,695 (109,789) 216,269 33,658 42,181 42,181


Other Revenue
Interest Revenue 35 16 210 299 588 1,644 1,440 2,934 3,294
Miscellaneous Income 3,172 28,897 183 6,978 6,132 1,670 - 3,479 3,479
In-Kind Goods & Services - 14,162 755 1,732 126 981 2,000 1,900 2,700
 Total Other Revenue 3,207 43,074 1,148 9,009 6,846 4,296 3,440 8,313 9,473


City Contribution - General Fund 150,000 150,000 150,000 150,000 150,000 150,000 150,000 112,500 150,000
City Fund - Capital Improvements 250,000 -


 Total Revenue 877,834 1,243,645 697,548 1,265,380 1,234,905 1,367,711 1,608,934 664,780 1,116,377


Programming Expenses
 Event staff 80,767 102,074 25,523 61,115 60,377 76,603 107,808 50,661 77,400
 Taxes & Benefits (event staff) - 11,490 2,758 8,293 7,193 8,819 12,937 6,515 9,724
 Outside exp-Event 180,461 359,333 88,102 105,002 361,788 419,232 533,262 147,665 325,622
 Box Office Expense 5,365 7,492 1,605 3,438 5,158 6,297 14,039 6,546 9,709
 Event Advertising 43,675 24,960 8,255 7,696 25,792 30,739 52,480 8,027 26,462
 Catering Expense - Event 24,559 7,185 971 5,519 12,100 15,214 16,710 1,983 6,814
 Total Programming Expenses 334,827 512,534 127,213 191,062 472,407 556,903 737,236 221,397 455,731


Fundraising Expense
Campaign Event Exp (GE, GBHH, Tee-Pac) 83,452 21,438 - 38,504 8,230 6,357 9,300 1,908 8,958
 Fundraising / Development 3,990 40,438 18,588 12 4,055 - 9,945 - -
 Total Fundraising Expense 87,442 61,876 18,588 38,516 12,285 6,357 19,245 1,908 8,958


Occupancy Expense
 Telephone 8,570 9,983 6,959 2,920 2,634 1,417 1,313 985 1,313
 Equipment R & M 9,530 10,063 4,173 7,722 9,620 9,170 17,859 4,936 9,401
 Building R & M 13,231 7,466 1,932 2,008 5,075 2,860 9,743 629 3,065
 Insurance 16,933 19,287 17,326 16,102 19,592 28,264 31,436 27,516 35,159
 Total Occupancy Expense 48,265 46,798 30,390 28,752 36,920 41,710 60,351 34,067 48,938


General and Administrative Expenses
 Full time staff 313,124 329,479 264,025 256,282 291,388 360,372 393,178 234,791 311,437
 Support staff (non event) 24,519 11,244 36,219 20,335 37,077 38,140 52,594 35,863 49,012
 Taxes & Benefits 73,332 67,640 56,444 63,074 76,809 77,395 93,862 57,570 76,273
 Postage 1,731 1,014 385 282 392 875 900 377 602
 Office supplies 5,782 7,461 1,832 2,769 3,884 2,428 3,000 1,778 2,528
 Equipment Lease Expenses 6,496 17,505 11,170 7,473 3,028 2,780 - - -
 Property taxes 2,332 2,273 2,830 1,860 1,980 1,420 2,400 1,800 2,400
 Licenses 1,430 230 230 190 203 255 330 190 225
 Subscriptions/Dues 6,313 5,460 4,600 4,926 5,552 8,013 10,197 7,509 9,759
 Staff Recognition - 48 - - 40 - 250 - -
 Board Expenses 96 158 91 432 570 222 256 529 568
 Volunteer Expense - 1,134 6 - 69 555 250 - -
 Employee Training 3,023 1,299 - 84 - - 3,550 - -
 Employee Recruitment & Relocation - - - - 1,130 6,838 - 159 159
 Travel 4,140 6,912 615 940 8,804 12,639 11,500 2,297 3,297
 Professional fees 24,580 44,445 13,429 7,373 15,299 16,084 18,920 11,765 16,221
 Contract labor 1,229 34,226 3,565 10,388 15,917 11,467 19,700 1,948 6,948
 Building Supplies 2,333 9,544 5,011 6,873 12,248 12,712 13,596 10,372 13,546
 Equipment/uniforms 847 1,683 1,425 2,370 2,290 679 20,020 2,542 7,052
 Advertising for TPAC 15,431 6,868 3,959 3,093 10,585 12,282 18,400 6,773 10,123
 Computers - Software & Equip. 19,669 10,127 12,009 10,200 3,348 262 262 197 262
VenuWork s Management Fee 30,000 36,000 16,000 9,000 9,000 48,000 54,000 40,500 54,000
VenuWork s Commission - - 362 - - - 14,005 7,016 10,470
VenuWork s Incentive Bonus - - 25,000 18,750 25,000
Total General & Administrative Expenses 536,407 594,748 434,206 407,942 499,613 613,417 756,171 442,725 599,881


Other Expenses
 Bank ing fees/Bad Debt/CC Fees 4,267 1,318 1,318 1,362 3,508 1,596 1,980 1,185 1,680
 Cash short/(over) (188) 1,827 - 22 8 126 - 0 0
 Interest Expense - 26 - - - - - - -
 UBIT Taxes - - - - - - - - -
 Miscellaneous Expense 1,024 548 108 1,171 826 4,693 1,200 2 302
Depreciation 3,844 3,320 2,991 4,430 9,798 34,801 30,048 26,101 34,801
In-Kind Goods & Services - 14,162 755 1,732 126 981 2,000 1,900 2,700
(Gain) Loss on Disposal 209 - - -
 Total Other Expenses 8,947 21,200 5,380 8,717 14,266 42,198 35,228 29,188 39,483


 Total Expenses 1,015,888 1,237,156 615,778 674,989 1,035,492 1,260,585 1,608,231 729,285 1,152,992


 Net Income (Loss) (138,054) 6,489 81,770 590,391 199,413 107,126 703 (64,505) (36,615)
Forecasting through the end of the calendar year shows that the current YTD loss of $(64,505) will be partially made up
by a combination of success with shows remaining in the last quarter, salary reduction due to the Executive Director
absence and departure of the Administrative Assistant in September, and reductions in other expense categories.


Calendar Year 2025

The budget for calendar year 2025 has been formulated with several key factors:
 • As of October, staﬀ are projecting a budget deﬁcit of over $36,000 in the current FY year. Due to the program not
 making budget, the $25,000 VenuWorks Employee bonus would not take eﬀect, adjusting that deﬁcit to about
 $11,000. The construction and remodeling of several areas of the venue will still have an impact on next year’s
 use and revenue of the facility. The budget proposed will show a $66,397 shortfall reﬂecting the impact. This
 shortfall will be oﬀset by approved use of the reserve at the onset.
 • Launch of a presented season of 6 events in which the ﬁrst 3 will be in the fall of 2025.
 • Initiate a sponsorship program to support the presented season.
 • Resume booking of event spaces aﬀected by HVAC renovation in 2023 & 2024
 • Adjustment of rental rates in renewed event spaces to reﬂect upgraded value.
 • Renewed interest in TPAC by 3rd party promoters and event planners.
 • Additional staﬃng hired and alignment to match current needs & support increase in event load.
 • Necessary upgrades in equipment.
 • Increase in Friends of TPAC Membership
 • Additional programming and events produced by TPAC such as trade shows.

PROGRAMMING

Launch of a presented season. The Presenting program will be given a brand name that sits outside of the venue name,
such as Topeka Live, TPAC Presents, TPAC Live. The goal is to bring more aﬀordable experiences for the larger population
and bring more activity into the downtown. The season will consist of 6 events. 3 focused towards family participation
with very aﬀordable ticket prices averaging between $22-$32/ticket. 3 focused towards a more adult music experience
with aﬀordable ticket prices averaging between $28-$38/ticket. The lowered average ticket price structure will be oﬀset
by a corporate sponsorship program. This relaunched eﬀort to bring home grown presented events back to the venue
will help increase participation levels in attendance, Friends of TPAC, donors, and downtown merchant sales.

VenuWorks has already booked several shows for the Spring of 2025 including:
 • Dragons & Mythical Beasts February 25th
 • Joe Gatto February 27th
 • Who’s Live Anyway April 1st
 • Jerry Seinfeld April 18th
 • Sesame Street Live April 23rd
 • Several others in negotiations

Aggressively working to attract new touring acts that make ﬁnancial sense for this market and venue size.
 • VenuWorks Presents – Our continued partnership with VenuWorks has continued to bring in events that attract a
 variety of audiences: With shows such as, Rudolph The Red Nosed Reindeer, Lorrie Morgan, Chris Janson, Eddie
 Griﬃn
 • Recent years of programing changes and successes have gained attention regionally and nationally from
 promoters such as Outback Concerts, Mammoth Productions, Live Nation, WME Presents and more.
 • New Lower-Level Event Spaces – The new combined space of the “Blackbox Theatre & Dance Studio” will be a
 multi-use facility for rehearsals, small format theatrical performances, small concerts as well as banquet space
 with seating for 200+. We will work with small theatrical and comedy groups, Topeka Jazz Series, Senior Recitals,
 Traveling Exhibitions, Weddings/Receptions.
Friends of TPAC
 • Friends of TPAC membership- a new membership structure with beneﬁts that coincide with the new presenting
 series. Guaranteeing the value of the program with the 6 events, will increase participation.
 • Brick Campaign – Currently “paused” for re-vamping/re-organizing, this campaign will relaunch with better
 direction and a clearer goal. Coordinate with the City of Topeka our exterior upgrade plans with the long-term
 plans of the COT.

Youth Programming
 • Gingerbread Homes for the Holidays continues with a move in venue though partnership with West Ridge Mall,
 this move in 2024 looks to increase our brand awareness and expand our capacity nearly double. (Move
 necessary due to ongoing renovation)
 • Schooltime Theater - continues with success through partnerships with Kansas Ballet and Topeka Symphony with
 over 4,000 students in expected attendance.
 • Sheﬀel Theater Clinic – currently paused due to lack of event space available with ongoing HVAC renovation. Plan
 to resume in fall of 2025.
 • Playhouse Theater- currently paused due to lack of event space available with ongoing HVAC renovation. Plan to
 resume in fall of 2025.
 • Young Artist of the Year Awards- The 2025 awards will kick oﬀ in Q4 of 2024 with date announce for registration
 deadline, awards to be presented in May of 2025. Sponsorship needs to be conﬁrmed by Q4 of 2024.
 • Master Classes – Plan a series of master classes to begin in summer of 2025. Possible areas: performance,
 comedy, event planning etc.

Rental Rates
Current 2024 rates see Addendum E.
Our commitment to forging partnerships and collaborations with other local presenting organizations and promoters will
continue. Will continue to educate local event presenters in how to produce a sustainable event. Rental rates will remain
constant for the remainder of FY24 and will be reviewed and updated in FY25 to reﬂect changes in general costs of
business, adjustment to remain competitive. Although the number of inquiries for weddings and receptions increased
this past year, we have had to turn away several dates as the reception areas cannot be used while the HVAC installation
continues throughout the facility.

Food and Beverage/Catering
Hiring a new Manager with a focus on increasing sales, controlling costs
Further expand the self-serve options, continue elevated staﬃng to reduce wait times and encourage upselling. Oﬀer
more options at all events, weddings, banquets, and conferences. The addition of a dedicated F&B Manager will allow us
to retain a greater percentage of revenue that is currently being paid to outside vendors. Additionally, there will be the
opportunity to upsell hospitality service in the new event space, increasing revenue.

Sponsorship/Naming Rights

In conjunction with the newly presented season, a sponsorship program will be created with diﬀerent levels of
participation that reaches the larger population of Topeka businesses. A program built on shared levels that do not have
exclusive beneﬁts. This program focuses on partnerships rather than competition. Sponsors beneﬁt from supporting
programs that provide quality of life experiences for the greater Topeka residents and the residents bring about a
positive Economic Impact for the downtown Topeka merchants.

Grant Opportunities
Identify available grants and apply!
 • Safety & Security
 • Equipment modernization
 • Tourism
 • Education
 • Underserved communities
Other goals

 • With the presenting series, marketing will be a major focus to announce the series brand and to garner
 excitement and interest in the new programming.

FY2025 BUDGET SUMMARY

 Topeka Performing Arts Center Approved Proposed
 Budget


 2024 2025 Budget
 Budget
 Programming Revenue
 Building Rent Revenue 95,015 99,226
 Facility Fee Revenue/Rebates 279,447 263,762
 Ticket Sales 172,900 165,491
 Co-Pro Revenue 22,950 16,450
 In-House Equipment Revenue 29,902 22,500
 Reimbursed Wages Revenue 186,963 151,762
 Reimbursed Outside Expense Revenue 176,945 161,067
 Reimbursed Box Oﬃce Revenue 16,134 12,275
 Event Advertising 32,350 23,450
 Catering Revenue 160,880 155,520
 Merchandise Revenue 12,450 8,600
 Sponsorship Revenue 96,500 102,200
 Total Programming Revenue 1,282,436 1,182,303

  Fundraising Revenue
  Campaign Event Rev (ACL, GBHH, Tee-Pac) 29,900 29,500
  Friends of TPAC, Donations 109,500 22,317
 Total Fundraising Revenue 139,400 51,817

 Contributions and Grants Revenue
 Naming Rights - -
 Trusts & Endowments 33,658 34,000
 Grants - - -
 Visit Topeka - Transient Guest Tax - -
 Total Contributions & Grants Revenue 33,658 34,000

 Other Revenue
 Interest Revenue 1,440 3,000
 Miscellaneous Income - -
 In-Kind Goods & Services 2,000 4,000
 Total Other Revenue 3,440 7,000

 City Contribution - General Fund 150,000 150,000
 City Fund - Capital Improvements
 Total Revenue 1,608,934 1,425,120
Programming Expenses
 Event staﬀ 107,808 114,072
 Taxes & Beneﬁts (event staﬀ) 12,937 14,829
 Outside exp-Event 533,262 403,080
 Box Oﬃce Expense 14,039 13,929
 Event Advertising 52,480 45,050
 Catering Expense - Event 16,710 8,045
Total Programming Expenses 737,236 598,905

Fundraising Expense
Campaign Event Exp (GE, GBHH, Tee-Pac) 9,300 9,000
 Fundraising / Development 9,945 -
Total Fundraising Expense 19,245 9,000

Occupancy Expense
 Telephone 1,313 1,313
 Equipment R & M 17,859 11,998
 Building R & M 9,743 5,543
 Insurance 31,436 49,169
Total Occupancy Expense 60,351 68,024

General and Administrative Expenses
 Full time staﬀ 393,178 404,182
 Support staﬀ (non-event) 52,594 64,500
 Taxes & Beneﬁts 93,862 97,950
 Postage 900 900
 Oﬃce supplies 3,000 3,000
 Equipment Lease Expenses - -
 Property taxes 2,400 2,400
 Licenses 330 340
 Subscriptions/Dues 10,197 11,463
 Staﬀ Recognition 250 500
 Board Expenses 256 780
 Volunteer Expense 250 250
 Employee Training 3,550 3,550
 Employee Recruitment & Relocation - -
 Travel 11,500 9,200
 Professional fees 18,920 19,357
 Contract labor 19,700 19,700
 Building Supplies 13,596 12,600
 Equipment/uniforms 20,020 22,885
 Advertising for TPAC 18,400 21,150
 Computers - Software & Equip. 262 300
VenuWorks Management Fee 54,000 60,000
VenuWorks Commission 14,005 13,684
VenuWorks Incentive Bonus 25,000 -
Total General & Administrative Expenses 756,171 772,308
 Other Expenses
  Banking fees/Bad Debt/CC Fees 1,980 1,980
  Cash short/(over) - -
  Interest Expense - -
  UBIT Taxes - -
  Miscellaneous Expense 1,200 1,200
 Depreciation 30,048 36,100
 In-Kind Goods & Services 2,000 4,000
 (Gain) Loss on Disposal - -
 Total Other Expenses 35,228 43,280

 Total Expenses 1,608,231 1,491,517

 Net Income (Loss) 703 (66,397)
 Reserves needed to offset loss 66,397
 Net After Reserves 0



Explanation of signiﬁcant changes:

Programming Revenue: Programming projections for outside use of the facility are in line with the actuals of 2024, along
with the addition of the 1st three shows in the fall of the new presenting series.

Fundraising: The decrease compared to the 2024 budget is contributed by the pause on the Brick-by-Brick Campaign.
The focus for 2025 will be to maintain contributions from our current Friends of TPAC and slightly increase the number of
donors by having 4 events dedicated to our Friends.

Occupancy Expense: Equipment and Building Repairs and Maintenance (R&M) has decreased over the last several years
due to purchasing newer equipment and staying on top of proper maintenance. To reﬂect this trend the 2025 budget
decreases these line items compared to the 2024 budget. However, comparing to 2023 and 2024 YTD actual costs the
2025 budget includes an increase to account for market increases and the unknown. Insurance increased signiﬁcantly in
July 2024; although, current discussions do not reﬂect a signiﬁcant increase next year we are projecting a 25% increase
the 2025 budget as a precaution. Plan for the worst and hope for the best.

Personnel Expense: Full-time staﬀ and support staﬀ will increase by about 25% combined. This is due to the transition of
a new Executive Director, the addition of a F&B Manger, and annual cost of living increases.

Other G&A Expense: The VenuWorks Incentive Bonus projections have been moved to the FT labor line item to
accurately reﬂect staﬀ bonuses. If there are any naming rights that occur in 2025 then this line item will reﬂect that
percentage due to VenuWorks.

Programming Expense: Costs for the 2025 budget have been evaluated to better align with current costs and market
trends. The current 2024 proﬁt margin for programming revenue to expenses is 54% and we’re conservatively projecting
a proﬁt margin of 48%.
Capital Program
Currently The City of Topeka (COT) is investing nearly $30 million in the infrastructure of the joint use building that house
city oﬃces, municipal court and TPAC. This includes the replacement of the entire HVAC system as well as many
structural and mechanical repairs. Throughout this project often TPAC operations are aﬀected by reduced room
occupancies, unusable event spaces, displaced administrative and event staﬀ. The ﬁnal result will be working climate
controls, improved air quality to all spaces, and a much healthier environment for staﬀ and patrons as mitigation of mold
and asbestos are completed.
The HVAC renovation with the additional funds provided by the city of Topeka will allow for reconﬁguration of the lower-
level spaces and upgrades in other spaces throughout the facility.
 • Combine the Blackbox and Dance studio spaces to create a larger multi-functional event space
 • Removal of mirrors from the columns in the Festival Hall
 • Upgraded lighting
 • AV rough ins for event needs and future enhancements
 • Upgraded meeting spaces with modern amenities
 • Star Dressing room reconﬁguration
Topeka Performing Arts Center 2024 Year End Fin/Exec.
 Actual Actual Actual Actual Actual Actual Approved YTD Actual
 Projections Approved

 Jan - Dec 20
 Jan - Dec 18 Jan - Dec 19 Jan - Dec 21 Jan - Dec 22 Jan - Dec 23 2024 Budget Jan - Sep 24 as of 10/25/24 2025 Budget
 Pandemic

Programming Revenue
Building Rent Revenue 55,978 65,179 28,561 76,271 96,930 97,971 95,015 62,542 82,409 99,226
Facility Fee Revenue/Rebates 90,733 170,784 21,337 103,957 168,842 155,620 279,447 100,061 179,492 263,762
Ticket Sales (15,739) 21,875 2,502 878 85,216 128,924 172,900 - 96,800 165,491
Co-Pro Revenue 8,185 41,162 8,127 14,390 20,539 18,202 22,950 7,854 26,104 16,450
In-House Equipment Revenue 16,420 8,227 3,230 11,957 26,604 26,755 29,902 21,082 25,542 22,500
Reimbursed Wages Revenue 115,923 131,449 51,251 163,122 142,551 151,328 186,963 93,924 127,108 151,762
Reimbursed Outside Expense Revenue 112,567 200,602 68,413 38,414 150,788 125,083 176,945 99,183 155,048 161,067
Reimbursed Box Office Revenue 7,139 12,915 1,671 5,533 5,573 7,291 16,134 8,997 12,780 12,275
Event Advertising 43,987 25,445 10,716 10,583 19,468 14,030 32,350 6,553 9,958 23,450
Catering Revenue 73,924 84,134 6,318 51,522 97,620 107,827 160,880 75,971 115,607 155,520
Merchandise Revenue 4,773 14,506 - 3,525 7,288 6,273 12,450 4,330 10,289 8,600
Sponsorship Revenue 56,948 53,250 34,651 19,310 58,750 118,850 96,500 1,764 35,764 102,200
 Total Programming Revenue 570,839 829,526 236,778 499,462 880,169 958,152 1,282,436 482,262 876,900 1,182,303


Fundraising Revenue
Campaign Event Rev (ACL, GBHH, Tee-Pac) 179,126 46,209 17,875 67,349 28,934 21,349 29,900 8,350 21,650 29,500
Friends of TPAC, Donations 25,958 43,769 47,534 22,865 28,744 17,646 109,500 11,174 16,174 22,317
 Total Fundraising Revenue 205,083 89,978 65,409 90,213 57,678 38,994 139,400 19,524 37,824 51,817


Contributions and Grants Revenue
Naming Rights - - - - - - - - -
Trusts & Endowments (Actual adj. for CMV) (56,295) 123,567 64,899 120,386 (112,289) 101,872 33,658 35,270 35,270 34,000
Grants - - - 179,315 396,309 2,500 114,397 - 6,911 6,911 -
Visit Topeka - Transient Guest Tax 5,000 7,500 - - - - - - - -
 Total Contributions & Grants Revenue (51,295) 131,067 244,214 516,695 (109,789) 216,269 33,658 42,181 42,181 34,000

Other Revenue
Interest Revenue 35 16 210 299 588 1,644 1,440 2,934 3,294 3,000
Miscellaneous Income 3,172 28,897 183 6,978 6,132 1,670 - 3,479 3,479 -
In-Kind Goods & Services - 14,162 755 1,732 126 981 2,000 1,900 2,700 4,000
 Total Other Revenue 3,207 43,074 1,148 9,009 6,846 4,296 3,440 8,313 9,473 7,000

City Contribution - General Fund 150,000 150,000 150,000 150,000 150,000 150,000 150,000 112,500 150,000 150,000
City Fund - Capital Improvements 250,000 -

 Total Revenue 877,834 1,243,645 697,548 1,265,380 1,234,905 1,367,711 1,608,934 664,780 1,116,377 1,425,120
Topeka Performing Arts Center 2024 Year End Fin/Exec.
 Actual Actual Actual Actual Actual Actual Approved YTD Actual
 Projections Approved

 Jan - Dec 20
 Jan - Dec 18 Jan - Dec 19 Jan - Dec 21 Jan - Dec 22 Jan - Dec 23 2024 Budget Jan - Sep 24 as of 10/25/24 2025 Budget
 Pandemic

Programming Expenses
 Event staff 80,767 102,074 25,523 61,115 60,377 76,603 107,808 50,661 77,400 114,072
 Taxes & Benefits (event staff) - 11,490 2,758 8,293 7,193 8,819 12,937 6,515 9,724 14,829
 Outside exp-Event 180,461 359,333 88,102 105,002 361,788 419,232 533,262 147,665 325,622 403,080
 Box Office Expense 5,365 7,492 1,605 3,438 5,158 6,297 14,039 6,546 9,709 13,329
 Event Advertising 43,675 24,960 8,255 7,696 25,792 30,739 52,480 8,027 26,462 45,550
 Catering Expense - Event 24,559 7,185 971 5,519 12,100 15,214 16,710 1,983 6,814 8,045
 Total Programming Expenses 334,827 512,534 127,213 191,062 472,407 556,903 737,236 221,397 455,731 598,905


Fundraising Expense
Campaign Event Exp (GE, GBHH, Tee-Pac) 83,452 21,438 - 38,504 8,230 6,357 9,300 1,908 8,958 9,000
 Fundraising / Development 3,990 40,438 18,588 12 4,055 - 9,945 - - -
 Total Fundraising Expense 87,442 61,876 18,588 38,516 12,285 6,357 19,245 1,908 8,958 9,000


Occupancy Expense
 Telephone 8,570 9,983 6,959 2,920 2,634 1,417 1,313 985 1,313 1,313
 Equipment R & M 9,530 10,063 4,173 7,722 9,620 9,170 17,859 4,936 9,401 11,998
 Building R & M 13,231 7,466 1,932 2,008 5,075 2,860 9,743 629 3,065 5,543
 Insurance 16,933 19,287 17,326 16,102 19,592 28,264 31,436 27,516 35,159 49,169
 Total Occupancy Expense 48,265 46,798 30,390 28,752 36,920 41,710 60,351 34,067 48,938 68,024
Topeka Performing Arts Center 2024 Year End Fin/Exec.
 Actual Actual Actual Actual Actual Actual Approved YTD Actual
 Projections Approved

 Jan - Dec 20
 Jan - Dec 18 Jan - Dec 19 Jan - Dec 21 Jan - Dec 22 Jan - Dec 23 2024 Budget Jan - Sep 24 as of 10/25/24 2025 Budget
 Pandemic

General and Administrative Expenses
 Full time staff 313,124 329,479 264,025 256,282 291,388 360,372 393,178 234,791 311,437 404,182
 Support staff (non event) 24,519 11,244 36,219 20,335 37,077 38,140 52,594 35,863 49,012 64,500
 Taxes & Benefits 73,332 67,640 56,444 63,074 76,809 77,395 93,862 57,570 76,273 97,950
 Postage 1,731 1,014 385 282 392 875 900 377 602 900
 Office supplies 5,782 7,461 1,832 2,769 3,884 2,428 3,000 1,778 2,528 3,000
 Equipment Lease Expenses 6,496 17,505 11,170 7,473 3,028 2,780 - - - -
 Property taxes 2,332 2,273 2,830 1,860 1,980 1,420 2,400 1,800 2,400 2,400
 Licenses 1,430 230 230 190 203 255 330 190 225 340
 Subscriptions/Dues 6,313 5,460 4,600 4,926 5,552 8,013 10,197 7,509 9,759 13,153
 Staff Recognition - 48 - - 40 - 250 - - 500
 Board Expenses 96 158 91 432 570 222 256 529 568 780
 Volunteer Expense - 1,134 6 - 69 555 250 - - 250
 Employee Training 3,023 1,299 - 84 - - 3,550 - - 3,550
 Employee Recruitment & Relocation - - - - 1,130 6,838 - 159 159 -
 Travel 4,140 6,912 615 940 8,804 12,639 11,500 2,297 3,297 11,200
 Professional fees 24,580 44,445 13,429 7,373 15,299 16,084 18,920 11,765 16,221 19,284
 Contract labor 1,229 34,226 3,565 10,388 15,917 11,467 19,700 1,948 6,948 19,700
 Building Supplies 2,333 9,544 5,011 6,873 12,248 12,712 13,596 10,372 13,546 12,600
 Equipment/uniforms 847 1,683 1,425 2,370 2,290 679 20,020 2,542 7,052 22,885
 Advertising for TPAC 15,431 6,868 3,959 3,093 10,585 12,282 18,400 6,773 10,123 21,150
 Computers - Software & Equip. 19,669 10,127 12,009 10,200 3,348 262 262 197 262 300
VenuWorks Management Fee 30,000 36,000 16,000 9,000 9,000 48,000 54,000 40,500 54,000 60,000
VenuWorks Commission - - 362 - - - 14,005 7,016 10,470 13,684
VenuWorks Incentive Bonus - - 25,000 18,750 25,000 -
Total General & Administrative Expenses 536,407 594,748 434,206 407,942 499,613 613,417 756,171 442,725 599,881 772,308

Other Expenses
  Banking fees/Bad Debt/CC Fees 4,267 1,318 1,318 1,362 3,508 1,596 1,980 1,185 1,680 1,980
  Cash short/(over) (188) 1,827 - 22 8 126 - 0 0 -
  Interest Expense - 26 - - - - - - - -
  UBIT Taxes - - - - - - - - - -
  Miscellaneous Expense 1,024 548 108 1,171 826 4,693 1,200 2 302 1,200
Depreciation 3,844 3,320 2,991 4,430 9,798 34,801 30,048 26,101 34,801 36,100
In-Kind Goods & Services - 14,162 755 1,732 126 981 2,000 1,900 2,700 4,000
(Gain) Loss on Disposal 209 - - - -
 Total Other Expenses 8,947 21,200 5,380 8,717 14,266 42,198 35,228 29,188 39,483 43,280


 Total Expenses 1,015,888 1,237,156 615,778 674,989 1,035,492 1,260,585 1,608,231 729,285 1,152,992 1,491,517

 Net Income (Loss) (138,054) 6,489 81,770 590,391 199,413 107,126 703 (64,505) (36,615) (66,397)
 Reserves needed to offset loss 66,397
 Net After Reserves -


 Trust Market Value Adj. (97,002) 86,638 25,992 78,579 (154,177) 64,791
 Net w/out Trust Market Adj. (41,052) (80,149) 55,778 511,812 45,236 42,335
 Grants 179,315 396,309 2,500 114,397
 City Fund - Capital Improvements 250,000
Net w/out Trust Market Adj., Grants, & City Fund Cap. Improv. (123,537) 115,503 (207,264) (72,062)
 Projections
  Topeka Performing Arts Center Fin/Exec.
 Actual Actual Actual Actual Actual Actual Approved YTD Actual as of
 Actual vs. Budget Comparison Approved
 10/25/24
 Jan - Dec 20
 Jan - Dec 18 Jan - Dec 19 Jan - Dec 21 Jan - Dec 22 Jan - Dec 23 2024 Budget Jan - Sep 24 2024 2025 Budget
 Pandemic

Programming
Programming Revenue 570,839 829,526 236,778 499,462 880,169 958,152 1,282,436 482,262 876,900 1,182,303
 Programming Expenses 334,827 512,534 127,213 191,062 472,407 556,903 737,236 221,397 455,731 598,905
 Programming - Net 236,011 316,992 109,564 308,400 407,762 401,248 545,200 260,865 421,168 583,398
 41.34% 38.21% 46.27% 61.75% 46.33% 41.88% 42.51% 54.09% 48.03% 49.34%
 Fundraising
Fundraising Revenue 205,083 89,978 65,409 90,213 57,678 38,994 139,400 19,524 37,824 51,817
  Fundraising Expense 87,442 61,876 18,588 38,516 12,285 6,357 19,245 1,908 8,958 9,000
 Fundraising - Net 117,642 28,102 46,821 51,697 45,393 32,638 120,155 17,616 28,866 42,817

Trusts & Endowments (56,295) 123,567 64,899 120,386 (112,289) 101,872 33,658 35,270 35,270 34,000
Naming Rights - - - - - - - - - -
Grants - - 179,315 396,309 2,500 114,397 - 6,911 6,911 -
City Contribution - Transient Guest Tax 5,000 7,500 - - - - - - - -
 Contributions & Grants Revenue (51,295) 131,067 244,214 516,695 (109,789) 216,269 33,658 42,181 42,181 34,000

 Other Revenue 3,207 43,074 1,148 9,009 6,846 4,296 3,440 8,313 9,473 7,000
 Total Net Revenue 305,565 519,235 401,747 885,802 350,212 654,451 702,453 328,975 501,688 667,215


Occupancy Expense 48,265 46,798 30,390 28,752 36,920 41,710 60,351 34,067 48,938 68,024
General and Administrative Expenses 536,407 594,748 434,206 407,942 499,613 613,417 756,171 442,725 599,881 772,308
Other Expenses 8,947 21,200 5,380 8,717 14,266 42,198 35,228 29,188 39,483 43,280

 Total Expenses 593,619 662,747 469,977 445,411 550,799 697,325 851,750 505,980 688,303 883,612


 Net Margin(Loss) (288,054) (143,511) (68,230) 440,391 (200,587) (42,874) (149,297) (177,005) (186,615) (216,397)

City Contribution 150,000 150,000 150,000 150,000 150,000 150,000 150,000 112,500 150,000 150,000
City Fund - Capital Improvements 250,000

 Net Income (Loss) (138,054) 6,489 81,770 590,391 199,413 107,126 703 (64,505) (36,615) (66,397)


 Trust Market Value Adj. (97,002) 86,638 25,992 78,579 (154,177) 64,791
 Net w/out Trust Market Adj. (41,052) (80,149) 55,778 511,812 45,236 42,335
 Grants 179,315 396,309 2,500 114,397
 City Fund - Capital Improvements 250,000
Net w/out Trust Market Adj., Grants, & City Fund Cap. Improv. (123,537) 115,503 (207,264) (72,062)
TOPEKA PERFORMING ARTS CENTER AGENDA REPORT
MEETING DATE: DECEMBER 5, 2024

PREPARED BY: Daniel Kays, Executive Director

SUBJECT:

Topeka Performing Arts Center Fiscal Year 2025 Budget Presentation and City Contract

RECOMMENDATION:

Presentation for discussion

PRIOR CITY COUNCIL ACTION:

On August 13, 2024 Approved:

 1. Shift CIP Spending of $100,000 from 2029-2033 to 2024 Approval (9-0)

PRIOR TPAC COMMITTEE AND BOARD ACTION:

 • FINANCE/EXECUTIVE COMMITTEE
 o Approve Fiscal Year 2025 Budget to move forward for Full Board ratification on
 November 22, 2024
 • TPAC BOARD
 o Approved City and TPAC contract 2025-2026 Approval (11-0 Absent from vote 5)
 o As of this report filed, November 22, 2024 Board will vote on the FY2025 budget

STATEMENT ON SUBJECT:

The TPAC Fiscal Year 2025 Budget reflects a year of flexibility and new direction. Given the major facility
upgrades throughout and the continual shifting of resources and room availabilities, TPAC continues to
provide service and programming to the community. This budget reflects the challenges to keep the
building functioning, while realizing there are limitations on what we can confidently expect.

TPAC is taking this opportunity to launch into the presenting world once again. TPAC will be presenting 6
shows in the next season from September 2025 to April of 2026. The first 3 events of the season are
reflected in the approved budget being presented. The goal is to provide quality experiences at
affordable prices. There are too many in our community that cannot afford to come more than once a
season. We want to be a part of the downtown revitalization by being a magnet to the center. Quality
and affordable programs allow more of the Topekan population to participate multiple times
throughout the year. To do this, it will require renewed efforts and partnerships with the greater
business community and rebuilding our volunteer and donor base of support.

BUDGET ADJUSTMENT: N/A

FISCAL IMPACT: N/A

EXHIBITS: 2025 Budget and Business and Marketing Plan
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 December 3, 2024


DATE: December 3, 2024
CONTACT PERSON: Randy Phillips, Topeka DOCUMENT #:
 Fire Chief
SECOND PARTY/SUBJECT: American Medical PROJECT #:
 Response (AMR)
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 160 Franchises
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

DISCUSSION concerning a nonexclusive franchise to American Medical Response to operate an
ambulance service within the City of Topeka until December 31, 2025.

(Approval would renew the AMR franchise for 2025.)

VOTING REQUIREMENTS:
Discussion only. At least six votes of the Governing Body
POLICY ISSUE:
Whether to continue the ambulance franchise with AMR for 2025.
STAFF RECOMMENDATION:
Discussion only. Staff recommends the Governing Body move to adopt the ordinance.
BACKGROUND:
Shawnee County contracts with AMR to provide ambulance services to the county, including the City of Topeka.
City ordinance requires an ambulance franchise in order to provide services.
BUDGETARY IMPACT:
$275 Ambulance Vehicle Fee. AMR has 15 licensed vehicles.
$1500 Franchise Application Fee
SOURCE OF FUNDING:
Not Applicable
ATTACHMENTS:
Description
Ordinance
 1 (Published in the Topeka Metro News _______________________________________)
 2
 3 ORDINANCE NO. _____________
 4
 5 AN ORDINANCE introduced by City Manager Dr. Robert M. Perez, providing for a
 6 nonexclusive franchise to American Medical Response to operate an
 7 ambulance service within the City of Topeka until December 31,
 8 2025, and replacing the franchise ordinance codified at City Code
 9 Appendix B, Article XI that will expire December 31, 2024.
10
11 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:
12
13 Section 1. Authority.

14 This franchise ordinance is passed and approved by the Governing Body of the

15 City of Topeka, Kansas, and enacted pursuant to K.S.A. 12-2001 and the authority found

16 and provided for in Chapter 5.25 TMC.

17 Section 2. Satisfactory qualifications.

18 The Governing Body of the City of Topeka, Kansas, has considered the legal,

19 character, financial, and other qualifications of the applicant and has found Medevac

20 MidAmerica, Inc., doing business as American Medical Response, hereinafter “AMR,” to

21 be qualified in all respects to own, maintain and operate an ambulance service in the City

22 of Topeka, Kansas, hereinafter “City.” The Governing Body of the City of Topeka finds

23 that public convenience will be promoted and public necessity requires such ambulance

24 service under the terms and provisions of Chapter 5.25 TMC.

25 Section 3. Service.

26 The maintenance and operation of an ambulance service by AMR in the City shall

27 be in accordance with these terms and conditions and performance standards set forth in

28 the current ambulance service contract entered into by AMR and the Board of County

29 Commissioners of Shawnee County, Kansas. Said contract is identified as Shawnee

30 County Contract C207-2016. In addition, AMR agrees to provide to the City Manager of

 ORD/AMR Franchise Renewal 2025 12/2/24 1
31 the City copies of documents which are required to be filed pursuant to Shawnee County

32 Contract C207-2016.

33 In the event that AMR intends to work toward implementing a community

34 paramedicine program/service, it is the goal of AMR and Topeka Fire Department,

35 hereafter “TFD,” to jointly participate and collaborate in such implementation.

36 Section 4. Franchise grant.

37 Pursuant to the provisions of TMC 5.25.040, a nonexclusive franchise is granted

38 to AMR to own, maintain, and operate an ambulance service within the City. Said

39 nonexclusive franchise is granted through and including December 31, 20242025, and

40 shall vest all rights, privileges and immunities of an ambulance service franchise with

41 AMR; however, said nonexclusive franchise shall be subject to and conditioned upon all

42 of the terms, duties and obligations found in the laws of the State of Kansas, Chapter 5.25

43 TMC, and this franchise ordinance.

44 Section 5. Payments to the City.

45 Consideration for the rights, privileges, and immunities granted to AMR includes

46 the benefits to be derived by the citizens of the City of Topeka from the maintenance and

47 operation of an ambulance service under the terms and conditions of this franchise

48 ordinance.

49 (a) The ambulance service franchise application fee prescribed by TMC 5.10.040

50 has been paid to the City Clerk.

51 (b) On or before January 1st of each year within the term of this franchise

52 ordinance, the fee set forth in TMC 5.10.040(c) for each ambulance to be renewed is due.

53 (c) On or before April 1st of each year within the term of this franchise ordinance,

54 the fees set forth in TMC 5.10.040(b) are due, including the business fee and an

 ORD/AMR Franchise Renewal 2025 12/2/24 2
55 ambulance fee for each new AMR ambulance in operation in the City. An ambulance fee

56 for each additional ambulance placed into operation after the initial fee payment is due at

57 the time the additional ambulance is licensed.

58 (cd) Within 30 days of the presentation of an invoice to AMR by the City, AMR

59 shall make payments to the City Treasurer for the following types of assistance:

60 (1) For each TFD response to AMR’s request for a nonemergency lift

61 assist of any patient due to the patient’s weight, AMR shall pay a fee of

62 $200.00250.00 per transport. For purposes of this subsection, “nonemergency”

63 means any request that was not initiated by a 911 call. Any time that such fee is

64 incurred, TFD shall make written request for payment that includes the date,

65 address, and TFD incident number. Upon receipt of the invoice AMR will process

66 the request per AMR AP policy of net 45 days.

67 Section 6. Other AMR responsibilities.

68 (a) Upon written request from the Fire Chief, the Chief of EMS, or their designees,

69 AMR shall provide certain material data elements to calls within Contract Zone 1. These

70 data elements include ALS/BLS response, response times, unit and triage. AMR shall

71 respond to such requests within 30 days. Failure to provide the requested information

72 within 30 days shall result in a penalty of $100.00 per week until the information is

73 provided. If a request is for material data elements that are not typically included in reports

74 generated pursuant to Shawnee County Contract C207-2016 as it relates to calls within

75 Contract Zone 1 needs additional time beyond 30 days to respond to such request, AMR

76 may request additional time before the initial 30 days expire, the amount of which to be

77 agreed upon by the parties. TFD agrees that any cost associated with the development

78 of a new report that is not currently available will be reimbursed to AMR if such report can

 ORD/AMR Franchise Renewal 2025 12/2/24 3
 79 be developed; provided, that AMR first provides TFD a written estimate of the associated

 80 costs and obtains approval from TFD. AMR’s response time will be stayed while TFD

 81 reviews such estimates.

 82 (b) AMR and the Fire Chief, the Chief of EMS and/or their designees shall meet

 83 no less than monthly for call review and quality assurance/improvement of selected calls

 84 to include, but not be limited to, severe trauma, cardiac arrest, or similar types of calls

 85 occurring in the City of Topeka limits. The intent is to look at the entirety of the call for

 86 improvements to address training, equipment needs and general system improvements.

 87 (c) AMR agrees to provide notification through the County Protocol Committee to

 88 the Fire Chief and Chief of EMS concerning anticipated or desired changes to protocol,

 89 equipment, or medications that are not a result of national supply shortage or emergency.

 90 Further, AMR agrees that all proposed protocol changes that are not a result of a national

 91 supply shortage or emergency will be submitted for review to the County Protocol

 92 Committee prior to submission to the Medical Director. After submission to the Medical

 93 Director, the Fire Chief, Chief of EMS and/or their County Protocol Committee member

 94 shall be given the opportunity to attend meetings to discuss proposed protocol changes

 95 in the event the Medical Director changes the proposed protocols submitted to him/her.

 96 Notice of such meeting shall be provided as soon as reasonable based on the schedule

 97 of the Medical Director.

 98 (d) Upon reasonable request and subject to available resources, AMR agrees to

 99 respond and provide a stand-by/posted advanced life support ambulance upon request

100 of the Fire Chief or designees when there is reason to believe a life-threatening public

101 emergency presently exists to include fire, rescue and hazmat incidents. TFD agrees to




 ORD/AMR Franchise Renewal 2025 12/2/24 4
102 release ambulance as soon as possible when the life-threatening public emergency no

103 longer exists.

104 (e) In January of each calendar year, AMR shall provide copies of all written

105 mutual aid agreements for ambulance service in the City of Topeka or provide written

106 notice that no such agreements exist. Failure to submit this information by the last

107 business day in January shall result in a penalty of $100.00 per day until submitted.

108 (f) AMR agrees to the use of designated dispatch radio channels for EMS

109 operations within the City of Topeka. Further, AMR agrees that AMR units and dispatch

110 are responsible for monitoring the designated channel while on scene.

111 (g) AMR will pursue an option if available to provide TFD command staff

112 designated by the Fire Chief with access to view the availability of all on-duty AMR units

113 in real time. If there is cost directly associated with the development, implementation or

114 annual maintenance of this request, AMR will provide TFD a written estimated of the

115 expense to seek approval for the reimbursement of this request. TFD agrees that any

116 party with access to this system may be required to complete initial and annual training

117 as deemed reasonably appropriate by AMR compliance or other regulatory department

118 and consistent with such trainings required of AMR staff with similar view access. Failure

119 of those individuals to complete training will result in revocation of rights and privileges to

120 view the data.

121 Section 7. Insurance.

122 Upon the effective date of this franchise ordinance, AMR shall file with the City

123 Clerk an insurance policy as required by TMC 5.25.140 and the same shall be approved

124 as to form by the City Attorney’s office. During the term of this franchise ordinance, AMR

125 shall maintain paid insurance coverage according to TMC 5.25.140.

 ORD/AMR Franchise Renewal 2025 12/2/24 5
126 Section 8. Acceptance by AMR.

127 Operation of an ambulance service within the City by AMR on or after the effective

128 date of this franchise ordinance constitutes acceptance of the provisions of the franchise

129 ordinance.

130 Section 9. Remedies of City.

131 Nothing herein shall limit or preclude the City from seeking remedies at law or in

132 equity in a court of competent jurisdiction for any violation by AMR of the laws of the State

133 of Kansas or any ordinance of the City.

134 Section 10. Forfeiture.

135 Any material and substantial fraud, misrepresentation or default of the terms,

136 duties and obligations imposed upon AMR by the laws of the State of Kansas, Chapter

137 5.25 TMC or by this franchise ordinance shall constitute grounds for forfeiture of this

138 nonexclusive franchise ordinance. The City shall notify AMR in writing of any allegation

139 of a material and substantial fraud, misrepresentation or default and shall hold a public

140 hearing before the Governing Body of the City of Topeka on the merits of such allegations.

141 Said public hearing shall be held within 30 days after the notification to AMR and shall be

142 adjudicative in character but shall not bar the rights of any parties to pursue judicial

143 review. Within 10 days following the conclusion of such hearing, the Governing Body of

144 the City of Topeka shall act with respect to such forfeiture and shall submit a written

145 statement to AMR. This franchise ordinance shall not be forfeited unless the Governing

146 Body of the City of Topeka finds that there has been a material and substantial fraud,

147 misrepresentation or default on the part of AMR so as to justify a forfeiture. In such case

148 a notice of forfeiture shall be provided to AMR. In the event this franchise ordinance is

149 forfeited, AMR shall, within 180 days of its receipt of notice of forfeiture, cease operation

 ORD/AMR Franchise Renewal 2025 12/2/24 6
150 of an ambulance service hereunder.

151 Section 11. Surrender.

152 If, during the term of this franchise ordinance, AMR does not earn a fair rate of

153 return upon the value of property used and useful in providing such ambulance service

154 for a period of six months; and it is determined by AMR that it would not be practical,

155 possible or in the public interest to cure the deficiency by an increase in rates and/or a

156 reduction in service; and AMR has complied with all applicable procedures as prescribed

157 by the Board of County Commissioners of Shawnee County, Kansas including the giving

158 of notice of surrender to the City; then AMR upon 180 days’ written notice to the City Clerk

159 may elect to surrender this franchise ordinance and cease operation of the ambulance

160 service hereunder. “Fair rate of return” means receipt of revenues for patient charges and

161 public funds, if any, to include the sum of operating costs, depreciation reserves, growth

162 and development costs and management fees.

163 Section 12. Transfer.

164 Only upon written approval of the Governing Body of the City of Topeka may the

165 rights and obligations of AMR, pursuant to this franchise ordinance, be transferred to a

166 person meeting the requirements for an ambulance service, as determined by the laws

167 and regulations of the State and the City at the time of the contemplated transfer. Any

168 approved transferee shall, without limitation, assume all the duties and obligations of AMR

169 and AMR shall be released of all future rights, duties, and obligations arising from this

170 franchise ordinance.

171 Section 13. Hold harmless.

172 AMR shall hold the City harmless for all liability, damages, costs and expenses of

173 every kind for the payment of which the City may become liable to any person by reason

 ORD/AMR Franchise Renewal 2025 12/2/24 7
174 of the rights and privileges herein granted and, if any action either at law or in equity be

175 brought against the City for damages or for any cost to the City for any fault of AMR, its

176 servants, agents, or employees, in the operation of its ambulance service, AMR shall pay

177 all costs, damages and expenses including costs of defense for which the City may be

178 held liable.

179 Section 14. Re-openers

180 In the event that Shawnee County Contract C207-2016 is materially and

181 substantively amended or replaced by a new contract that is materially and substantively

182 different, AMR and the City may mutually agree to re-open this franchise ordinance before

183 the December 31, 20242025, expiration date.

184 Section 15. Effective date.

185 This franchise ordinance shall take effect and be in force from January 1,

186 20242025, and after its passage, approval and publication in the official City newspaper

187 in the manner prescribed by law, and shall be binding upon AMR upon the conditions set

188 forth herein.

189 PASSED AND APPROVED by the Governing Body on ____________________.
190
191 CITY OF TOPEKA, KANSAS
192
193
194
195 __________________________________
196 Michael A. Padilla, Mayor
197 ATTEST:
198
199
200
201 _______________________________
202 Brenda Younger, City Clerk




 ORD/AMR Franchise Renewal 2025 12/2/24 8
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 December 3, 2024


DATE: December 3, 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:
SOURCE OF FUNDING:

Governing Body Minutes – December 3, 2024

 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, December 3, 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, Ortiz, Banks, Kell, Miller, Dobler,

 Duncan and Hoferer – 8. Mayor Padilla presided – 1. Absent: Councilmember Valdivia-Alcala

 – 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 December 3, 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 December 3, 2024 for attachment to the meeting

 minutes.

 AFTER THE MEETING WAS CALLED TO ORDER, the invocation was provided by

 Barbara Duncan and Connor Heller.

 THE PLEDGE OF ALLEGIANCE was recited by meeting participants.

 BOARD APPOINTMENT recommending the appointment of Sam Stallbaumer to the

Board of Building and Fire Appeals for a term ending December 6, 2026, was presented.

(Resides in Shawnee County and operates business within City limits.)




 12-03-24
 323
 BOARD APPOINTMENT recommending the reappointment of Christine Steinkuehler to

the Topeka Landmarks Commission for a term ending December 31, 2027, was presented.

(Council District No. 1)

 BOARD APPOINTMENT recommending the appointment of Jason Jones to the Board

of Mechanical Examiners for a term ending December 3, 2026, was presented. (Council District

No. 2)

 BOARD APPOINTMENT recommending the appointment of Carlos Cortez to the

Metropolitan Topeka Airport Authority Board for a term ending November 30, 2027, was

presented. (Council District No. 6)

 RESOLUTION NO. 9598 introduced by Councilmember Spencer Duncan approving the

members of the Land Bank Board of Trustees, was presented.

 Councilmember Kell moved to approve the appointments. The motion seconded by

Councilmember Dobler carried unanimously on roll call vote. The mayor does not vote. (8-0-0)

 ORDINANCE NO. 20534 introduced by City Manager Dr. Robert M. Perez, removing

certain real property from the Dynamic Core Redevelopment District, were presented.

 MINUTES of the regular meeting of November 19, 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)

 APPROVAL of CONTRACT NO. 52545, Amendment No. 1 to Contract No. 52270

between the City of Topeka and Downtown Topeka Foundation specifying the rights and

responsibilities relating to the ice rink project, was presented.




 12-03-24
 324
 Amanda Stanley, City Attorney, reported approval would extend the terms of the

contract.

 Councilmember Hoferer, Transient Guest Tax Committee Chair, stated the Sponsors

were not ready to move forward with the project and they need more time to secure private

donations.

 Councilmember Hoferer moved to approve the Contract Amendment. The motion

seconded by Councilmember Kell carried unanimously on roll call vote. (9-0-0)

 AUTHORIZING a public hearing date of December 17, 2024, for the purpose of hearing

and answering objections of taxpayers relating to the proposed amendments to the 2024

Operating Budget, was presented.

 Councilmember Duncan asked if there would be an opportunity to discuss the

amendments prior to the budget hearing on December 17, 2024.

 Dr. Robert M. Perez, City Manager, reported Staff would be available for questions until

the Public Hearing date.

 Councilmember Hiller clarified the amendments were necessary to balance the budget

and no new expenses were being added.

 Councilmember Duncan stated there are new expenses; however, the proposed

amendments would only relate to existing expenses to balance the budget with existing revenue.

 Amanda Stanley, City Attorney, confirmed it was balancing the budget with existing

revenue and no additional taxing authority was required.

 Councilmember Dobler moved to authorize a public hearing date of December 17, 2024.

The motion seconded by Councilmember Duncan carried unanimously on roll call vote. (9-0-0)

 12-03-24
 325
 DISCUSSION of operational funding agreement between the City of Topeka and the

Topeka Performing Arts Center, Inc., (TPAC) was presented.

 Jason Tryon, Deputy Public Works Director, reported approval would authorize

supplemental operational funding of up to $150,000 per year from the date of execution through

December 31, 2026, with an option to renew for two additional two-year periods by mutual

written agreement.

 Councilmember Duncan clarified the only amendment being made to the Contract was

the guarantee of $150,000 to be allocated to TPAC for the next two years allowing them to plan

accordingly and move the process of building improvements forward.

 DISCUSSION concerning a nonexclusive franchise to American Medical Response

(AMR) to operate an ambulance service within the City of Topeka until December 31, 2025, was

presented.

 Randy Phillips, Topeka Fire Chief, provided an overview of the franchise agreement with

AMR and explained the minor changes to include an increased charge of $250 instead of $200

for each lift assist not involved in a 911 call; an Advanced Life Support (ALS) unit will be on

standby in the event the City was working a structure fire or large scale emergency; and the fees

paid by AMR will be due on January 1 of each year rather than April 1 of each year.

 Councilmember Ortiz asked how the City will be reimbursed for supplies used during

calls.

 Councilmember Hoferer inquired on the billing process.

 Councilmember Hiller inquired on the recent recommendation of Wichita State

University in the City of Topeka Fire Medical Transport Analysis Report concerning the

 12-03-24
 326
available ambulances in the community.

 Fire Chief Phillips clarified there was no charge if transport arises from a 911 call and

American Medical Responders reimburses the City for all supplies used. He noted any changes

regarding service would need to be negotiated through the contract.

 Jon Antrim, American Medical Response General Manager, thanked the Governing

Body for allowing them to serve the community.

 PUBLIC COMMENT was provided by the following individual:

 Lazone Grays referenced emails he sent to the Governing Body on August 7, 2024 and

September 3, 2024, concerning the Equitable Workforce Development initiative for the under-

represented population. He inquired as to why there were no questions or follow-up requests

from the Governing Body and asked the elected leadership to act and move forward with the

initiative.

 ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE

COUNCIL;

 Councilmember Duncan announced District 8 Office Hours would be held on December

8, 2024, at 3:00 p.m. in Fairlawn Plaza. He referenced the City of Topeka Citizens Academy and

the importance of the citizens and Governing Body Members participating in the Academy to

have a better understanding of operations of the Police, Fire and Public Works Departments.

 Councilmember Hiller announced various events in December including the NOTO

Holiday First Friday as well as the Chocolate Nutcracker on December 6, 2024. She encouraged

everyone to review the Visit Topeka Website to learn about all the events taking place in the

Community.

 12-03-24
 327
 Councilmember Kell announced Toys for Tots will be accepting toys until December 6,

2024, at various locations throughout the city with distribution of toys taking place on December

20, 21 and 22, 2024.

 Brenda Younger, City Clerk, provided an overview of the December 6, 2024, Special

Meeting Budget Retreat agenda; the December 10, 2024, regular Governing Body meeting

agenda; and the December 10, 2024, Topeka Development Corporation (TDC) Board meeting

agenda.

 Dr. Robert M. Perez, City Manager, acknowledged the service of City Employees who

worked over the Thanksgiving Holiday.

 NO FURTHER BUSINESS appearing the meeting adjourned at 6:42 p.m.



 (SEAL)

 Brenda Younger City Clerk




 12-03-24
 328