City of Arkansas City Board of City Commissioners · 2019-09-27 · Arkansas City, Kansas...

City of Arkansas City Board of City Commissioners

Agenda

Regular Meeting Tuesday, October 1, 2019 @ 5:30 PM

Commission Room, City Hall — 118 W. Central Ave. — Arkansas City, KS

I. Routine Business

1. Roll Call 2. Opening Prayer and Pledge of Allegiance 3. Additions or Deletions to the Agenda (Voice Vote) 4. Approval of the Agenda (Voice Vote)

II. Awards and Proclamations

1. Proclaim October 2019 as Community Planning Month in Arkansas City. 2. Proclaim October 6-12, 2019, as Fire Prevention Week in Arkansas City.

III. Recognition of Visitors

IV. Comments from the Audience for Items Not on the Agenda

Each speaker will state his or her name and address before making any comments. Each speaker will have three (3) minutes to present his or her comments. Comments or questions will be directed only to the City Commission. Debate or argument between parties in the audience will not be allowed. Repeated reiterations by speakers will not be allowed. Violations of comment procedure will result in being directed to cease speaking or resume sitting.

V. Consent Agenda (Voice Vote)

Note: All matters listed below on the Consent Agenda are considered under one motion and enacted by one motion. There should be no separate discussion. If such discussion is desired, any item may be removed from the Consent Agenda and then considered separately under Section VII: New Business.

1. Approve the September 17, 2019, regular meeting minutes as written.

VI. Old Business VII. New Business

VIII. City Manager Updates

1. National Night Out neighborhood block parties 2. Complete Count Committee meeting 3. Fall Cleanup Day / Citywide Pickup Week 4. RISE Cowley coalition meeting 5. Cowley County Legislative Committee meeting 6. City Commission candidates forum 7. Employee appreciation breakfast 8. Traffic Safety Committee meeting 9. City Commission study session

IX. Other Business 1. Reports:

a. City Advisory Board Reports 2. KDOT Cost Share Program 3. Water Rights Evaluation

X. Adjournment

Office of the Mayor

Arkansas City, Kansas

Proclamation WHEREAS, change is constant and it affects all cities, towns, suburbs, counties, boroughs, townships, rural areas, and other places; and WHEREAS, community planning and plans can help to manage this change in a way that provides better choices for how people work, live, and play; and WHEREAS, community planning provides an opportunity for all residents to be involved meaningfully in making choices that determine the future of their community; and WHEREAS, the full benefits of planning require public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories; and WHEREAS, the American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions that sound planning and plan implementation make to the quality of our settlements and environment; and WHEREAS, the celebration of National Community Planning Month gives us the opportunity to recognize publicly the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the City of Arkansas City; and WHEREAS, tonight we recognize the many valuable contributions made by professional community and regional planners of the City of Arkansas City, and extend our heartfelt thanks for the continued commitment to public service by these professionals. NOW, THEREFORE, I, Jay Warren, Mayor of the City of Arkansas City, Kansas, do hereby proclaim the month of October 2019 as

COMMUNITY PLANNING MONTH in Arkansas City, in conjunction with the celebration of National Community Planning Month throughout the U.S.

In witness thereof, I have hereunto set my hand and caused this seal to be affixed.

__________________________________

Name/Title: Jay Warren, Mayor Date: October 1, 2019

Office of the Mayor

Arkansas City, Kansas

Proclamation WHEREAS, the City of Arkansas City is committed to ensuring the safety and security of all those living in and visiting our city; and

WHEREAS, fire is a serious public safety concern, both locally and nationally, and homes are the locations where people are at the greatest of risk from fire; and

WHEREAS, 4 out of 5 of U.S. fire deaths occur at home each year, and the fire death rate (per 1,000 home fires) was 10 percent higher in 2016 than in 1980; and

WHEREAS, cooking is the leading cause of home fires in the United States, while heating equipment and smoking are the leading cause of home fire fatalities; and

WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and

WHEREAS, the Arkansas City Fire-EMS Department is dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and

WHEREAS, the City of Arkansas City’s residents are responsive to public education measures and able to take personal steps to increase their safety from fires, especially in their homes; and

WHEREAS, the 2019 Fire Prevention Week theme — “Not every hero wears a cape. Plan and Practice your Escape.” — serves to remind us about the basic, but essential, elements of effective planning.

NOW, THEREFORE, I, Jay Warren, Mayor of the City of Arkansas City, Kansas, do hereby proclaim October 6th through October 12th, 2019, as

FIRE PREVENTION WEEK

in the City of Arkansas City, Kansas, and urge all citizens of Arkansas City to protect their homes and families by heeding the important safety messages of Fire Prevention Week 2019, and also to support the many public safety activities and efforts of the Arkansas City Fire-EMS Department.

In witness thereof, I have hereunto set my hand and caused this seal to be affixed.

__________________________________

Name/Title: Jay Warren, Mayor Date: October 1, 2019

Item for City Commission Action Section V Item 1

Meeting Date 10/1/2019

Department/Division City Manager

Staff Contact Andrew Lawson

Title: Consent Agenda Item: Approve the September 17, 2019, regular meeting minutes as written. Description: Please see attached document. Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Approved for Agenda by:

City Manager

City Commission of Arkansas City – Regular Meeting Minutes

September 17, 2019 Page 1

The Arkansas City Board of City Commissioners met in regular session at 5:30 p.m. Tuesday, September 17, 2019, in the Commission Room at City Hall, located at 118 W. Central Ave. Mayor Jay Warren called the meeting to order. Commissioners also present at roll call were Commissioners Kanyon Gingher and Duane L. Oestmann. Commissioner Jim Sybrant attended a County Commission meeting at the same time and Commissioner Karen Welch was on vacation. City employees present were City Manager Nick Hernandez, City Attorney Larry Schwartz, City Clerk Lesley Shook, Public Information Officer Andrew Lawson, Management Assistant Mike Crandall, Finance Director Kathy Cornwell, Fire Chief Bobby Wolfe, Environmental Services Superintendent Rod Philo, Public Services Superintendent Tony Tapia, Street & Stormwater Maintenance Worker II Chad Beeson and Human Resources Manager Marla McFarland. Personnel of the Arkansas City Police Department in attendance were Police Chief Dan Ward, Capt. Eric Burr, Lt. Jason Legleiter, Lt. Kevyn Ternes, Sgt. Nelson Douglas, Sgt. Wade Hammond, Master Police Officer Corey Combs, Master Police Officer Chase Hobart and Administrative Assistant Jeni McGee. Citizens in attendance included Jacqueline Fletcher, Ken Harader, Mell Kuhn, Marsi Legleiter and Cowley CourierTraveler reporter John Shelman. Tasha Bucher, Damon Mendoza and Chris Rains represented the Arkalalah Executive Committee. Matt Miers represented Bottle Service LLC. Mayor Warren offered the opening prayer and led the pledge of allegiance. Agenda Approval Commissioner Oestmann made a motion to approve the agenda as presented. Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the agenda approved as presented. Awards and Proclamations Mayor Warren issued a proclamation that October 1, 2019, is National Night Out in Arkansas City. Chief Ward accepted the proclamation on behalf of the Arkansas City Police Department. Recognition of Visitors Police Chief Ward recognized and pinned two recently promoted Arkansas City Police Department officers, both of whom were in attendance — Lt. Jason Legleiter and Sgt. Wade Hammond.



Consent Agenda Commissioner Gingher made a motion to approve the consent agenda, including the following:

1. Approving the August 30, 2019, special meeting minutes; September 3, 2019, regular meeting minutes; and September 10, 2019, special meeting minutes as written.

2. Approving Resolution No. 2019-09-3281, authorizing the purchase of five Motorola APX6000 portable radios and a six-bank charging station for the Arkansas City Fire-EMS Department from First Wireless, of Wichita, for an amount not to exceed $17,598.25.

3. Approving Resolution No. 2019-09-3282, authorizing a public meeting of the Governing Body to attend a special Land Bank Board of Trustees meeting at 5:15 p.m. Tuesday, October 1, 2019, in the commission room at City Hall, located at 118 W. Central Ave.

4. Approving Resolution No. 2019-09-3283, canceling a public meeting of the Governing Body scheduled for noon Friday, September 27, 2019, in the city manager’s office at City Hall.

Commissioner Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the consent agenda approved. New Business

Arkalalah Daily Beer Garden Ordinance No. 2019-09-4498

City Clerk Shook presented for discussion a first reading of an ordinance exempting the application of K.S.A. 41-719(d) to allow the consumption of alcoholic liquor at a designated area of Ben Givens Center City Park for a “beer garden” during the Arkalalah Festival on October 23-26. Public Information Officer Lawson said the Arkalalah Executive Committee had requested the same ordinance as last year that prohibits anyone younger than 21 from entering the area premises. Commissioner Oestmann asked about babies in strollers. Everyone agreed there are no exceptions. Arkalalah Committeeman Chris Rains said the committee will enforce the commission’s decision. Executive Secretary Tasha Bucher said signage will be posted regarding the age limit prohibition. Matt Miers said he was not aware of any issues last year. He and Arkalalah Committeeman Damon Mendoza agreed the new signage should help to alleviate any lingering confusion over age limits. Mayor Warren made a motion to approve the ordinance. Commissioner Oestmann seconded the motion. A roll call vote was unanimous in favor of the motion. Mayor Warren declared the ordinance approved and given Ordinance No. 2018-09-4498.



Arkalalah Concert Beer Garden Ordinance No. 2019-09-4499

City Clerk Shook presented for discussion a first reading of an ordinance exempting the application of K.S.A. 41-719(d) to allow the consumption of alcoholic liquor at a designated area of Wilson Park for a “beer garden” and concert during the Arkalalah Festival on October 24, 2019. Public Information Officer Lawson said the only difference from last year is that the Arkalalah Executive Committee will be selling and serving the alcohol itself, not Bottle Service LLC. Wrist bands still are required for anyone 21 or older to assist in preventing underage consumption. Arkalalah Committeeman Chris Rains described how this event’s security arrangements will work. Executive Secretary Tasha Bucher said slightly different signage will be posted for this event. Commissioner Oestmann made a motion to approve the ordinance. Commissioner Gingher seconded the motion. A roll call vote was unanimous in favor of the motion. Mayor Warren declared the ordinance approved and given Ordinance No. 2018-09-4499.

CDBG Certified Administrator Resolution No. 2019-09-3284

City Clerk Shook presented for discussion a resolution authorizing the City to enter into a Community Development Block Grant (CDBG) Certified Administrator Contract with the South Central Kansas Economic Development District (SCKEDD), Inc., of Bel Aire, regarding the administration of the Brad Meek and Hillside Additions Water Line Replacement Project, for an amount not to exceed $20,000.00. City Manager Hernandez said this is a contingent contract that will be included as part of the CDBG application. SCKEDD also is helping to prepare the application, at no charge to the City. If the CDBG is not awarded to the City, this contract will not take effect. Hernandez said there also are provisions in it to renegotiate it if needed, or ultimately to terminate it if the renegotiation fails. He showed commissioners a map of where new water lines will be constructed to “loop” the area. Commissioner Oestmann made a motion to approve the resolution. Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the motion approved and given Resolution No. 2019-09-3284.



Contingent Design Contract Resolution No. 2019-09-3285

City Clerk Shook presented for discussion a resolution authorizing the City to enter into a contingent engineering design, bidding, construction administration and inspection services contract with Smith & Oakes, Inc., for the Community Development Block Grant Brad Meek and Hillside Additions Water Line Replacement Project, for an amount not to exceed $181,027.00. City Manager Hernandez said this also is a contingent contract that only will take effect if a CDBG is awarded. These contracts must be included in the application to demonstrate project readiness. Mayor Warren made a motion to approve the resolution. Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the motion approved and given Resolution No. 2019-09-3285.

Water Treatment Plant Repair Resolution No. 2019-09-3286

City Clerk Shook presented for discussion a resolution authorizing the City to accept a proposal from Kuhn Mechanical, Inc., to repair a leak on a 24-inch water main hub located under the Water Treatment Facility service drive at 400 W. Madison Ave., for an amount not to exceed $25,000.00. Environmental Services Superintendent Philo said Water Treatment Facility staff recently noticed a wet area approximately 120 feet west of the west gate to the Water Treatment Facility. This area initially was attributed to the extremely rainy conditions, but continued after the weather dried out. A sample of water from this location tested positive for chlorine, indicating it is due to a finished water leak under the west approach. This section of water line can be isolated and repaired. The facility will continue to supply water to the City through a 24-inch line under the Mill Canal. Philo said Walters-Morgan Construction, which built the new facility, says the finished water line is past its warranty date and they will not assist with the repair. Four other construction companies were contacted for bids, with estimates received from three of them. Kuhn Mechanical submitted the lowest bid, but estimated the work potentially could be completed for as low as $12,800.00. Commissioner Oestmann asked why the difference. Mell Kuhn said he has no mobilization costs. Mayor Warren made a motion to approve the resolution. Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the motion approved and given Resolution No. 2019-09-3286.



Water Rights Evaluation City Clerk Shook presented for discussion a resolution authorizing the City to enter into an agreement with Burns & McDonnell Engineering Company, Inc., to provide Professional Engineering Services for Water Rights Evaluation, for an amount not to exceed $23,552.00. Environmental Services Superintendent Philo said the City requested that Burns & McDonnell submit an agreement to complete up to 10 Kansas Division of Water Resources (DWR) Surface Water Right Application Forms, along with supporting documentation to accompany the forms. The proposed agreement also requires Burns & McDonnell to provide a projected estimate of water demands through 2040, based on City-provided water use information and Census population data. Commissioner Gingher said she would like staff to contact the Kansas Rural Water Association, which she said is capable of performing this sort of work, at no charge. Philo said he can do that. Commissioner Gingher asked if anything needed to be done tonight. Philo said there is no hurry. Commissioner Oestmann made a motion to table the resolution. Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the motion approved and the resolution tabled until the October 1 meeting.

Mowing Special Assessments Ordinance No. 2019-09-4500

City Clerk Shook presented for discussion a first reading of an ordinance levying special assessments for code enforcement activities related to unpaid weed mowing charges. City Manager Hernandez said these abatements need to be assessed to property taxes for payment. Mayor Warren made a motion to approve the ordinance. Commissioner Oestmann seconded the motion. A roll call vote was unanimous in favor of the motion. Mayor Warren declared the ordinance approved and given Ordinance No. 2018-09-4500.

Refuse Special Assessments Ordinance No. 2019-09-4501

City Clerk Shook presented for discussion a first reading of an ordinance levying special assessments for code enforcement activities related to unpaid refuse abatement charges.



City Manager Hernandez explained how the nuisance abatement process currently works, with the Neighborhood Services Division mailing multiple certified letters to both owners and tenants. Commissioner Oestmann made a motion to approve the ordinance. Mayor Warren seconded the motion. A roll call vote was unanimous in favor of the motion. Mayor Warren declared the ordinance approved and given Ordinance No. 2018-09-4501.

Certificate of Special Assessment City Clerk Shook presented for discussion possible approval of a Certificate of Special Assessment for dangerous structure demolitions. City Manager Hernandez said the certificate will assess four properties with dangerous structures demolished by the City — 328 S. Eighth St., 1023 South B St., 1304 South A St., 1311 N. Eighth St. Commissioner Oestmann made a motion to approve the Certificate of Special Assessment. Mayor Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the Certificate of Special Assessment approved. City Manager Updates City Manager Hernandez provided the commissioners with the following reminders and updates:

• The next monthly meeting of Ark City’s Complete Count Committee for the 2020 Census will be at 2:30 p.m. September 19 at the Water Treatment Facility, 400 W. Madison Ave.

• The fifth annual SCKMC Landrush event will start at 9 a.m. September 21 on the grounds around South Central Kansas Medical Center, located at 6401 Patterson Pkwy.

• There will be a forum for candidates for the Cowley College Board of Trustees at 6 p.m. September 23 in the Wright Room at the college’s Brown Center, located at 215 S. Second St.

• Retired Gen. Wesley Clark, a former NATO commander in Europe, will give the Docking Lecture at 11 a.m. Sept. 25 at Southwestern College’s Richardson Arts Center in Winfield.

• The next City Commission study session will be at noon October 11 in the city manager’s office at City Hall. (The September 27 study session set was canceled during this meeting.)

• The 44th annual Last Run Car Show will be September 27-29 at the Agri-Business Building, located at 712 W. Washington Ave., and in Paris Park, located at 210 S. Sixth St.

• The second annual Downtown Sidewalk Sale will be held in conjunction with the Car Show from 10 a.m. to 3 p.m. September 28 in downtown Ark City, with shuttle buses to Paris Park.

• The National Night Out kickoff party will be from 5 to 8 p.m. September 30 at Wilson Park. • There will be a special Land Bank Board of Trustees meeting at 5:15 p.m. October 1. • He said he will try to end the October 1 City Commission meeting by 6 p.m. so that the

commissioners can attend some of the National Night Out block parties from 6 to 8:30 p.m.



Other Business City Manager Hernandez said he is finalizing a contract with TranSystems to design the North Summit Street reconstruction project so the City can apply for funding through the new Kansas Department of Transportation (KDOT) Cost Share Program prior to the October 11 deadline. Hernandez said he envisions a mill and overlay from Radio Lane to Skyline Road, with some sidewalk and signalization improvements in that corridor as well, and a full-blown reconstruction from Kansas Avenue to Radio Lane, with either expansion to five lanes or reduction to three. Because the estimated cost for this particular contract is around $7,000.00, Hernandez said he did not need commission approval, but he still wanted to update commissioners on this process. Adjournment Commissioner Oestmann made a motion to adjourn the meeting. Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the meeting adjourned at 6:28 p.m. THE CITY OF ARKANSAS CITY BOARD OF CITY COMMISSIONERS ____________________________ Jay Warren, Mayor ATTEST: ____________________________ Lesley Shook, City Clerk Prepared by: _____________________________________ Andrew Lawson, Public Information Officer

Item for City Commission Action Section VIII Items 1-9



Staff Contact Nick Hernandez

Title: City Manager Updates Description:

1. We will try to end tonight’s City Commission meeting by 6 p.m. Tuesday, October 1 so that the commissioners can attend some of the National Night Out block parties from 6 to 8:30 p.m.

2. The next monthly meeting of the Arkansas City Area Complete Count Committee will be at 1:30 p.m. Thursday, October 3 at the Water Treatment Facility, located at 400 W. Madison Ave.

3. Fall Cleanup Day will start at 8 a.m. Saturday, October 5 with breakfast for volunteers at Ben Givens Center City Park, 101 N. Summit St. The cleanup will be from 9 a.m. to noon, as long as the weather is good. This event will be followed by Citywide Pickup Week on October 7-11.

4. The next RISE Cowley health coalition meeting will be at 10 a.m. Tuesday, October 8 in the extension assembly room at the Cowley County Courthouse, located at 911 Fuller St. in Winfield.

5. The next monthly Cowley County Legislative Committee meeting will be at noon Tuesday, October 8 at the Arkansas City Area Chamber of Commerce office, located at 106 S. Summit St.

6. There will be a forum for candidates for the City Commission at 7 p.m. Thursday, October 10 at

the Senior Citizens Center, located at 320 South A St. The City election is Tuesday, November 5.

7. The City of Arkansas City will be host to a fall employee appreciation breakfast from 6 to 8:30 a.m. Friday, October 11 at the Northwest Community Center, located at 615 W. Birch Ave.

8. The next quarterly Traffic Safety Committee meeting will be at 10 a.m. Friday, October 11 in the

city manager’s office at City Hall, located at 118 S. Summit St.

9. The next City Commission study session will be at noon Friday, October 11 in the city manager’s office at City Hall. The topic of discussion will be the Hike-Bike Trail Extension Phase 2 route.

Approved for Agenda by:

City Manager

Item for City Commission Action Section IX Item 1a



Staff Contact Andrew Lawson

Title: City Advisory Board Reports Description: The following approved board minutes are included in this packet:

• July 18 — Building Trades Board • August 1 — Arkansas City Area Complete Count Committee • August 8 — Visit Ark City Board of Trustees • August 12 — Arkansas City Public Library Board of Trustees • August 15 — Arkansas City Recreation Commission • August 15 — 2020 Tacolalah Committee • August 22 — Beautification and Tree Advisory Board

Commission Options: 1. No action needed. Approved for Agenda by:

City Manager

City of Arkansas City

Building Trades Board

Agenda

Regular meeting held on Thursday, July 18, 2019 at 5:15 PM at the Water Treatment Plant Conference Room.

Brian Lawrence called the meeting to order at 5:12 PM.

Roll Call:

Mark Bartlett David Billings Brian Lawrence

Randy Smith Chris Rains Jace Kennedy

Ken Miller Jamie Terrill Michael Hunt

Ken Miller made the motion to approve the meeting minutes from May 16, 2019 and Dave Billings made the second. Voice vote

carried the motion.

1. Gas Pressure Tests/Gas Piping by HVAC Contractors

Brian turned the meeting over to Mike Bellis. Mike stated that the contractors that were grandfathered in would not be able to do gas

pressure testing. Winfield and Wellington does allow hvac contractors to do pressure testing and Liberal does not. Dave Billings asked

if this was different for commercial. Brian Lawrence stated that it doesn’t differentiate, Brian also stated that not every Plumber that

tests will not have it with gas, so city staff would need to keep an eye on that. Brian Lawrence made the motion to allow contractors to

has provided proof of passing the gas segment of their trade exam to do gas piping and pressure test. Mike Hunt made the second.

Dave Billings asked if the board wanted to add a specific license. Mike Bellis said that if a mechanical contractor wanted to do the gas

piping/pressure testing, the mechanical contractor can as long as they have the testing and certification to prove the contractor

qualifications. After discussion, the motion passed with a five to one vote, Ken Miller abstaining from the vote.

2. Miscellaneous

Mike Hunt discussed with the board that if a customer calls wanting to disconnect service for a repair, that contractors can call him or

the other serviceman to disconnect service and not have the customer charged. Mike discussed about termination of gas line. He stated

that per code the pipe should be stubbed up and add a shut off valve. Discussions between the board members, no motion needed

Dave Billings made the motion to adjourn the meeting and 5:45 pm and Jamie Terrill made the second. Voice vote carried the motion.

2019-2020 ARKANSAS CITY AREA COMPLETE COUNT COMMITTEE

MEETING: 1:30 PM THURSDAY, AUG. 1, 2019 @ WATER TREATMENT PLANT

1. Welcome and Introductions: Anita Judd-Jenkins (chair) and Andrew Lawson welcomed everyone. New attendees included Bob Baker (Equal Opportunity and Accessibility Advisory Board) and Mike Crandall (City of Arkansas City / Cowley County Council on Aging). Also attending were Doc Arnett (SCKMC), Michael Bergagnini (Parkerfield), Jack Dickson (Ministerial Alliance), Kerri Falletti (Cowley First), Paisley Howerton (Chamber of Commerce), Jason O’Toole (Cowley College), Mendy Pfannenstiel (ACPL) and Josh White (City).

2. Complete Count Committee Work Plan: a. What kind of subcommittees work for the Arkansas City area? b. Designate subcommittees and select chairs

i. Faith-Based Subcommittee (Jack Dickson) — will overlap with Ark City Ministerial Alliance monthly meetings

ii. College Subcommittee (Jason O’Toole) — Cowley College effort iii. Group Quarters Subcommittee (Lynlea Bartlett) — discussed need

to loop in Linda Misasi with CDDO (group homes: Mosaic, etc.) iv. Education Subcommittee (Jeri Crumbliss) — USD 470 effort v. Recruitment Subcommittee (Tammy Lanman-Henderson) —

discussed need to help recruit Census workers locally so they are familiar with the community (Larry Gilmore; retired teachers?)

vi. Senior Citizens Subcommittee (Mike Crandall) — will overlap with Cowley County Council on Aging monthly meetings; Anita and Andrew plan to meet Sept. 9 w/Retired Citizens Advisory Council

vii. Media, Communications & Technology (Andrew Lawson) — will overlap with Cowley PIO Working Group quarterly meetings

viii. Government Subcommittee (Josh White) ix. Business and Industry — Kerri Falletti and Paisley Howerton

(separate these?); Kerri updated us on efforts in rest of the county x. Community Organizations Subcommittee (Yazmin Wood) — will

overlap with Legacy Foundation and Working Together meetings xi. Health Care Subcommittee (Tom Langer? Doc?) — RISE Cowley?

c. Select at-large members of Complete Count (steering) Committee (tabled)

3. Timeline of Activities:

a. Census Operations — reviewed timeline b. CCC Activities:

i. Monday, August 12 — College orientation? ii. Last Run Car Show?

iii. Arkalalah — float? iv. Women for Kansas (Nov. 9) v. Rotary Club

vi. Chamber coffee? vii. Town hall meeting?

viii. Christmas in the City? c. Meeting Frequency

i. Education Phase — Now through fall 2019; meet monthly ii. Awareness Phase — Now through April 2020; meet monthly

iii. Motivation Phase — March 2020 through May 2020; biweekly

4. Determining Local Resource Needs: all tabled until Sept. 19 meeting! a. Hard-to-Count Areas/Key Outreach Needs b. What do you know about your community?

i. Demographics ii. Challenges and Opportunities

c. What already exists that can be used? i. Events

ii. Communication Strategies iii. Major Businesses/Corporations

d. What additional resources might need to be secured?

5. Data: all tabled until Sept. 19 or Oct. 3 meetings! a. ROAM (Resource Outreach Area Mapper) Activity Sheet b. Strategies, Organizations, People/Trusted Voices, Founders, Other

6. Adjournment

NEXT MEETING: 2:30 PM THURSDAY, SEPT. 19, 2019 @ 400 W. MADISON AVE.

VISIT Ark City Board of Trustees 8/8/19

The VISIT Ark City Board of Trustees met in regular session on Thursday, August 8th at 12:00 p.m. in the Chamber Office. Those present were Arty Hicks, Shawn Silliman, Dena Ward, Carlla Pike, Duane Oestmann, Pam Crain - VAC Director, Andrew Lawson and Charlie Tweedy. Absent: Sara Williams and Liz Shepard. Arty Hicks called the meeting to order. Ark-opoly Mark Chickadonz from Walmart requested feedback from the Board about developing a Monopoly-style game for Arkansas City. A vendor will develop the game based on its research of the community and then the community will have a chance to review/suggest changes. The VAC board was in favor of participating in the project and saw the possibility of tying it to the city’s 150th anniversary in 2020. Minutes from June 6th Meeting Minutes of the previous meeting were reviewed. Arty Hicks moved to accept the minutes as presented. Dena Ward seconded. A unanimous voice vote declared the minutes accepted. Treasurer’s Reports Pam Crain presented the financial reports for June and July. The quarterly payment from the City in the amount of $13,750.00 was received. The payment of $8,099.25 was for payroll. A $300.00 payment for Project Revive was given for promotion and advertising. Pam reported normal expense and income for both months. Checking account balance as of 8/8/19 is $12,365.42. Arty Hicks moved to accept the June and July treasurer’s reports as presented. Shawn Silliman seconded, and a unanimous voice vote declared the motion approved. Old Business 2020 Budget Request Pam Crain reported the 2020 budget has increased from $70,000 to $75,000. The additional $5,000 will be earmarked for the July 4 fireworks show. DiVall Celebration – July 27 Pam Crain reported the event used the Wilson Park rotunda and surrounding area to serve alcohol for the first time. Since this did not cause any problems, it may be used in the future for other special events, contingent on City approval. Bus Tours – June Report Pam Crain reported three bus tours came in June. Places they visited included the Cherokee Strip Land Rush Museum, Chaplin Nature Center and Pamalou’s. Etzanoa – Archeology Month Report Pam Crain reported she had a reception and provided several meals for the archeology students. Christmas in the City – Grant for Carriage Rides Pam Crain reported VAC again will provide a grant for carriage rides one day during Christmas in the City. The grant will be for $500 of $550.

New Business Junkin’ in the Barn Pam Crain reported VAC will provide dinner for the vendors Friday night, as well as breakfast on Saturday and Sunday. Cowley College On Monday night, August 12, Pam will welcome new students to Ark City. On Wednesday, VAC will provide a cookout dinner for students. Last Run Car Show – Ladies Day Pam Crain reported VAC will provide a gift card every 10 to 15 minutes, to be redeemed at downtown businesses. Cowley College Freshman Experience Class Pam Crain will present 4 to 5 times to freshmen about how to become involved in the community. Spring Hill Golf Course Support Pam Crain is looking into the possibility of sponsoring a bench at the golf course that would contain the VAC logo. Estimated cost is $270.00 per year. Brothers Railroad Inn – Independence, KS Pam Crain explained there is a restaurant business in Independence that is interested in opening a restaurant in downtown Ark City. The menu would consist of Italian, steak and seafood. 150th Celebration for Ark City Andrew Lawson discussed the upcoming 150th anniversary of the founding of Ark City. Celebrations will begin in 2020 and may go into 2021-2022. The City will focus on a website, social media, historical information and a proclamation. Andrew would like VAC to provide funds for promotional support. A 150th logo will need to be developed. The logo will be used on posters to unify all events in Ark City. Now is the time to start planning and thinking about events for next year. Carlla Pike made a motion to adjourn, seconded by Arty Hicks. The next regular meeting is scheduled for 12 noon on September 19 at the Chamber Building.

MINUTES

Arkansas City Public Library Board of Trustees Regular Meeting – August 12, 2019

The Board of Trustees of the Arkansas City Public Library, pursuant to official notification, met Monday, August 12, 2019 at 7:00 p.m. at the Public Library, 120 E 5th Avenue, Arkansas City,

KS. MEMBERS PRESENT: Kayleigh Lawson, President

Kate Reilly, Vice President Lloyd Colston Duane Oestmann, City Commissioner, ex-officio

MEMBERS ABSENT: Shawna Allison, Secretary Mitch Reichle, Treasurer Marilyn Stout STAFF PRESENT: Mendy Pfannenstiel, Director OTHERS PRESENT: Lawson called the meeting to order at 7:00 p.m. Motion by Colston to approve the July minutes. Second by Oestmann. Approved unanimously. The July financials were not available at the time of the meeting, and the Treasurer’s Report will be tabled until the September meeting. Pfannenstiel provided a Director’s report to the Board. Discussion about the first ILS system, Insignia, which the staff had an opportunity to interact with. Insignia would cost $5,000 in the first year and $3,000 for successive years. Mendy will be getting quotes from two other systems soon. Motion by Colston to adjourn the meeting. Second by Reilly. Approved unanimously. With there being no further business, the meeting concluded at 7:42 p.m.

Director’s Report

Personnel:

Nothing new to report.

Facilities & Grounds:

Staff cleaned two rooms in the basement during our recent in-service.

I had a short meeting with Brian Stone at Cowley County Emergency Services about our exit plans and the rules

pertaining to them. I am currently working on creating and posting those routes.

We cut down some weeds in the flower beds.

Budget/Finance:


Collection:


Special Projects / Grants:


Technology:


Public Relations:

Facebook: 1,601 Page Likes; Program Ads/Boosts

Courier Traveler: Flag Day ad

SCKLS/SCKAN/State Library:

We have been working with Insignia for quite some time and were able to get a quote on their services.

Gifts, Memorials, and Other:


Submitted by:

Mendy Pfannenstiel, Director

August, 2019

Arkansas City Recreation Commission MINUTES OF REGULAR MEETING

August 15, 2019 @ 7:00 a.m. Arkansas City Recreation Center, 225 E. 5th Ave. – Arkansas City, KS 67005

Board Members Present: Mr. Tad Stover

Mr. Jason O’Toole Mr. Ron Smith Mr. Andy Paton Mr. Dave Pontious

Board Members Absent: None Staff Members Present: Mr. Joe Krisik Mrs. Cheryl Schmidt Guests/Registrants Present: None

1) Call to Order: Approve the Agenda for Regular Meeting: Jason O’Toole called the meeting to order at 7:00 a.m. Motion was made by Ron Smith to approve the agenda as posted; seconded by Tad Stover; motion passed.

2) Approve the Minutes of the Previous Meeting: Motion was made by Tad Stover to approve the minutes of the July meeting as submitted; seconded by Dave Pontious; motion passed.

3) Review YTD Budget Expenditures and Consider Approval of Purchase Order from July 17-August 13: Motion was made by Ron Smith and seconded by Andy Paton to approve the purchase orders from July 17th-August 13th.

4) Consider Floor Bid for Main Hallway: ACRC would like to upgrade the Rec Center main hallway area to include the removal/replacement of tile flooring. The flooring that was purchased in 2012 has been cracking and breaking apart. Traver’s Furniture and Carpet has given us a bid to match existing office flooring for $4,214.32. Andy Paton made a motion to accept the bid from Traver’s for $4,214.32; seconded by Tad Stover; motion passed.

5) Consider Tennis Appropriation: It is time to consider the 2019 tennis appropriation of $3,400. The amount is in the budget and available at this time. The appropriation is used to pay instructors, purchase awards and equipment, and run a couple of tournaments. We had nearly 50 participants in youth tennis this summer and two tournaments at the high school courts in early August. It also is time to consider funding for continued upkeep and a resurfacing program for community tennis courts. The $2,900 appropriation would be combined with similar amounts from the City of Arkansas City, USD 470 and Cowley College. The goal is resurface all of the courts at the high school complex within the year. Motion was made by Ron Smith and seconded by Tad Stover to approve annual combined appropriation of $6,300 to tennis association; motion passed.

6) Review Superintendent’s Report: Joe’s report to the board included: • ACRC staff is in the process of planning a full schedule of programs. The following activities are on the

schedule for this fall: Soccer, Cheerleading, Girls Basketball, Football/Flag Football, Gymnastics, Adult Fitness Classes, Adult Pickle Ball, Adult Volleyball, Fitness & Aquatics, and Mother-Son Blitz.

• The Paris Park Pool season will come to an end this Sunday. Staff has done an excellent job of providing a safe, clean and friendly environment. We will have the financial report at our September meeting for review. We’re hoping the numbers will be in line with budget parameters, per our contract with City.

• Police and Fire-EMS will host the 6th annual Battle of Badges Fundraiser Event with a softball tournament scheduled for September 14th. Basically, still in planning stages.

• Things are going well at the Family Aquatic Center. The pool stays very busy with a variety of aquatic programs, including birthday parties, lap swimming, swim lessons and recreation swimming. Debbi and her staff do a great job!

• The Rec Center will be closing some of its areas during the next 2 ½ weeks due to floor refinishing. Rick from Great Plains Companies LLC is scheduled to start this Friday. The Big Gym generally takes the longest because of the process that is needed to strip the surface and then resurface it. They plan on being in the old gym and meeting room after, and will finish up by Labor Day.

• Mayfield and Westar are almost finished getting the Dow Building’s electricity issues fixed. It has been inspected by Mike Bellis and should be completed by the end of this week. The new sauna in the fitness center also has been installed.

• Discussed the elevator dilemma — basically, our current one is beyond repair. We are in the process of receiving proposals for a new vertical wheelchair lift. We are hoping to get bids from Home Elevator Company (Wichita) and Pete Seidel (local). We definitely will be communicating through emails so we can move forward.

7) Adjournment: Ron Smith made a motion to adjourn at 7:25 a.m.; Andy Paton seconded; motion passed.

Signed__________________________________________________ Date____________________ Signed__________________________________________________ Date____________________

2020 TACOLALAH COMMITTEE MEETING: NOON THURSDAY, AUGUST 15, 2019 @ STEAMY JOE

1. Old Business: a. Logo Design Contest — Launch in August; announce winner @ Arkalalah

• Sarah Jellings removed skull from 2019 logo, made temp. 2020 logo • Andrew will issue news release tomorrow announcing contest • Will give away T-shirt, hat, $100 in Chamber bucks, + recognition • Winner will be notified; deadline is Sept. 25; will judge Sept. 26

b. Wichita Taco Fest visit — 3 to 9 p.m. Saturday, August 3 at Cowtown • Andrew said there were about 20 fewer vendors than in 2018 • There was not as much variation in taco offerings (fusion styles) • It was hot and humid; event was too spread out to feel cohesive • Alcohol was nowhere near food; no kids or entertainment areas • Insufficient restrooms, parking areas; shuttle advertised, not there

2. New Business:

a. Arkalalah Parade Entry — Pam wants to participate in Big Parade. Ideas: • People in “walking taco” costumes handing out Mexican candy • Visit Ark City will buy 4 costumes & have them shipped in time • Borrow a truck from Reedy Ford to advertise 2020 Tacolalah logo • Let the logo design contest winner ride in the truck, be announced • We want to follow cultural dancers, who will follow Sacred Heart • Any way to throw out T-shirts or have access to a T-shirt cannon? • Could also repeat this for Christmas in the City parade (November)

b. 150th Anniversary/Other Events—Ark City’s 150th birthday will be in 2020 • There is a 150th anniversary logo/branding effort; we’ll be part of it • Complete Count Committee will have a presence at 2020 Tacolalah • RISE Cowley also may be doing its last community survey in May

3. Subcommittees:

a. Advisory — Charles Tweedy III • Charles looked into cost for Jeff Wood photo booth at DiVall event • Talked about having some kind of backdrop for folks to pose with

• Debbie can bring 2 lg. cutouts of mariachi players to decorate with

b. Arts/Crafts — Nancy Holman, Amy Lawson & Rags Smith • Nothing to report; awaiting news of V.J. Wilkins award • Debbie wants to have piñatas and snow cones in 2020 (Snowie Bus)

c. Community — Anita Judd-Jenkins • Nothing to report (Anita busy with Census Complete Count Committee)

d. Corporate — Junior Urias • Nothing to report; seeking major Creekstone corporate sponsorship

e. Dancing/Music — Debbie Savala • Still awaiting V.J. Wilkins Foundation award (applied for $2,500) • She’s already scheduling mariachi band (& related to band leader) • Local entertainment — we are open to having concert performers! • Goal is to have music going throughout the entire day on May 2…

f. Entertainment — Bobie Baker • Damon Mendoza could be backup/relief DJ, per Debbie

g. Fundraising — Pam Crain • Pam is working to develop sponsorship funding levels for 2020

h. Hospitality — JoAnn Bierle • Discussed handing out taco coupons to people visiting beer garden

i. Marketing — Andrew Lawson • Very brief Wilson Park Master Plan update; still a lot of unknowns • Discussed issues with tokens; possibility of stamping punch cards?

j. Outdoor Market — Kelly Dillner • Will continue in May 2020; no more fall outdoor markets

k. Photos/Video — Felipe Escalante • Please send any photos of 2019 Tacolalah to [email protected]!

l. Salsa Fest — Paisley Howerton • Nothing to report; awaiting news of V.J. Wilkins award

m. Social/Web — Kayleigh Lawson • Working to update/revise website for 2020 with any 2019 photos • Please send any photos of 2019 Tacolalah to [email protected]!

n. Vendors — Robin Henderson & Brooke Padgett • Brooke, Robin and Tammy have reached out to ~20 vendors each • New vendor form uploaded to City website (bit.ly/Tacolalah)

o. Volunteers — Gary Hale & Tammy Lanman-Henderson • Nothing to report

NEXT MEETING: NOON THURSDAY, SEPTEMBER 26, 2019 @ STEAMY JOE

mailto:[email protected]

mailto:[email protected]

http://bit.ly/tacolalah

Arkansas City Beautification and Tree Advisory Board 8/22/19 Minutes

A regular meeting was held Thursday, August 22, 2019, in the City Manager’s Office. The meeting was called to order at 4:16 p.m. Roll Call: Board Members Staff Liaisons Robin Henderson Nick Hernandez Nancy Holman Andrew Lawson Paisley Howerton Audrey Mundy Brooke Padgett Tony Tapia Jessica Taylor Brian Williams 1. Approve July Meeting Minutes:

Robin moved to approve the minutes of the July 25 regular meeting. Brooke seconded the motion, which was approved 3-0.

2. Adoption Request: City-Owned Parking Lot at A Street and Central Avenue

Donna Kunkel attended the meeting and explained a little of what she wants to do. Nick said Cindy Freeland is the main

contact for P.E.O. now. He indicated an adoption request was not needed for W.I.S.H.’s goals and said they can proceed.

Nancy asked how much sunlight that area receives. Donna said not much. She will focus on shade-tolerant plantings and said

she doesn’t want it to look “tacky.” Nick and Tony suggested different types of decorative rock. Tony said there is no water.

Other options discussed included ivy and creeping periwinkle. Donna said she would prepare a plan for Fall Cleanup Day.

3. Arkansas City Public Library Flowerbeds:

Andrew showed photos he took of the flowerbeds at the Arkansas City Public Library. Library Director Mendy Pfannenstiel

did not have direct communication with Joyce Jordan, but she had the weeds cut back and is getting a maintenance proposal

from Gottlob Lawn & Landscape. This will not consist of ambitious planting, but according to Mendy, it still will be tasteful.

Andrew recommended forwarding further inquiries to the library board and waiting to see what ACPL ends up doing with it.

4. Catalpa and Robert Cox Parks:

Andrew said Allen Fisk visited him recently about Catalpa Park. He informed Mr. Fisk that the adoption had lapsed, but Mr.

Fisk disputed this fact. Andrew asked the Board if they want to consider a new adoption proposal. No motion was made.

Tony gave a very brief overview of what little work was accomplished. He said the City has had to take back over mowing.

Nick talked about the Comprehensive Plan goals to focus City attention on its “core” parks and pull back from pocket parks.

Andrew suggested moving the playground equipment from Cox Park to Catalpa Park, and converting Cox Park into more a

of a nature and disc golf park. Tony said most of the Cox Park play equipment is substandard and not up to code, either.

Andrew said he will include the Parks/Recreation chapter of the Comprehensive Plan in a future packet for the Board to review.

Nick gave a brief update on the Wilson Park Master Plan and showed the Board members the latest plans for the splash pad.

5. Fall Cleanup Day:

Andrew said he wants to have a downtown focus for Arkalalah and suggested meeting at Ben Givens City Center Park. He

said groups can work to clean up the downtown alleys and perhaps help W.I.S.H. with their rock garden project on Oct. 5.

6. Neighborhood Improvement Grants:

Andrew asked for this program to be tabled until the October meeting and suggested having a workshop then to plan details.

Some items that need discussion are whether to reimburse receipts or offer vouchers at stores that have accounts for the City,

and what to do in the case of rental properties: Will we need permission of landlords, and do we work with them or tenants?

7. Tacolalah Good Neighbor Awards:

Andrew said Tacolalah planning continues. The next Tacolalah Committee meeting is at noon Sept. 26 at Steamy Joe. He

asked Robin if she would be willing to step off the Tacolalah Committee as a voting member, to avoid quorum concerns. But

she can serve as an alternate to either Brooke or Paisley, if needed. This will accommodate her work schedule better, she said.

None of the Board members had a problem with giving out Good Neighbor Awards to Tacolalah volunteers. This Board will

work with the Equal Opportunity and Accessibility Advisory Board to present those awards at a City Commission meeting.

8. The Pollinator Project Report:

This is still stalled because Elizabeth Espino left K-State Research and Extension. Paisley will connect with her replacement.

Nancy talked about pollinator pods she brought back from an organic farm in Virginia. This might be something to explore.

9. Other Miscellaneous Items:

Andrew confirmed that Peggy Soule resigned from the Board and Jill Wineinger had been deemed to have resigned

voluntarily due to persistent absences. He also said Jessica does not want to be appointed in January and will need replaced.

The Board discussed dates and titles for the three remaining movies that need to be shown this fall. No choices were made.

Brooke made a motion to adjourn the meeting. Nancy seconded the motion, which was approved 3-0 on a voice vote. The meeting

was adjourned at 5:27 p.m. The next regular meeting of the Beautification and Tree Advisory Board will be at 4 p.m. Sept. 26, 2019.

Letter Revised March 29, 2010

TranSystems

245 N. Waco Suite 222 Wichita, KS 67202 Tel 316 303 3000 Fax 816 462 5629

www.transystems.com September 16, 2019 City of Arkansas City Attn: Mr. Nickolaus Hernandez City Manager 118 W. Central Ave Arkansas City, KS 67005 Re: Letter Agreement for Professional Consulting Services

on Summit Avenue – Kansas Avenue to Skyline Road (the “Project”) Dear : TranSystems Corporation (TranSystems) is pleased to submit this proposal to provide professional consulting services for City of Arkansas City, KS on the above referenced Project. The project is to assist the City of Arkansas City put together an application for the KDOT Cost Share funding program. This letter details the services TranSystems proposes to perform in connection with the Project, the pricing at which TranSystems proposes to perform these services, the schedule for completing these services and the assumptions upon which TranSystems has based this proposal. If the proposal outlined in this letter is acceptable, TranSystems would request that you indicate your acceptance of this proposal by executing this letter agreement in the space provided below. SCOPE OF SERVICES In connection with the above referenced Project, TranSystems shall perform the following described Services: The Kansas Department of Transportation announced on September 3, 2019 a new Cost Share Program for agencies to utilize for transportation related projects. The City of Arkansas City has asked TranSystems to assist them in developing their application. The following scope of services will be provided for this phase of the project:

TranSystems will review the Kansas Traffic Engineering Assistance Program (TEAP) report completed by TranSystems in April 2018 and provide any updated engineering solutions that were recommended for this corridor.

The proposed improvements include converting the existing four-lane roadway to a three-lane roadway with a Two-Way Left Turn Lane (TWLTL) and mill and overlay from Radio Lane to Skyline Road.

Provide technical review of the application prepared by the City and provide input on refining engineering portions of the application.

TranSystems will provide an engineer’s probable construction cost estimate for the recommended three-lane roadway.

It is anticipated that the improvements could include mill and overlay, full depth reconstruction in specific areas, curb and gutter, possible inlet replacement, sidewalk, ADA compliant sidewalk ramps, lighting, driveway modifications, traffic signal improvements, signing and striping.

It is anticipated that one (1) in-person meeting with City Staff to discuss the project and the application. All other meetings will be via conference call or through email correspondence.

Assumptions:

Proposal for Summit Avenue Application September 16, 2019

Page 2

Letter Revised March 29, 2010 2

No additional engineering design or analysis will be performed beyond recommended changes from the TEAP Study.

Preparation for and attendance at meetings other than those listed above will be billed as Additional Services on a time and materials basis in accordance with the general provisions of this Agreement. SERVICES PROVIDED BY OTHERS City staff will complete the application form and TranSystems will provide a technical review of the application as well as provide the probable construction cost estimates. SCHEDULE TranSystems anticipates that the Services outlined above can be completed by October 4, 2019 following acceptance of this proposal TranSystems believes that it can complete these services within this time frame, if this proposal has been accepted and TranSystems has otherwise been directed to proceed with the Services by the end of business on September 20, 2019. COMPENSATION As compensation for the performance of the above described Services, TranSystems will be reimbursed by Arkansas City, KS by payment of a lump sum fee of Seven Thousand Dollars ($7,000.00). Invoices will be sent monthly and will be based on TranSystems’ estimate of the total Services actually completed as of the time of billing. Our fee includes in-house reproduction supplies, automobile mileage in the Kansas City metropolitan area, and long distance phone calls. If Client fails to make any payment due TranSystems for services and expenses within thirty (30) days after receipt of TranSystems’ statement therefore, the unpaid contract balance shall accrue interest at the lesser of: i) 1.5% per month; or, ii) the highest rate of interest allowed under applicable law. The entire unpaid balance due TranSystems shall bear said rate of interest from the thirtieth day after Client’s receipt of TranSystems’ statement, until the entire unpaid balance has been paid to TranSystems. In addition to being entitled to interest, TranSystems may, after giving seven (7) days written notice to Client, suspend services under this Agreement until TranSystems has been paid in full all amounts due for Services, expenses and charges. ASSUMPTIONS This proposal and TranSystems’ agreement to perform the Services is based upon, and subject to, the following assumptions, which were developed during our discussions with Arkansas City, KS]:

No additional engineering design or analysis will be performed beyond recommended changes from the TEAP Study dated April 2018.

SPECIAL AND EXTRA SERVICES Extra services will be provided in addition to those required to complete the scope of services described above, as requested by the Client. Such services may include: meetings with the design team, city or state personnel; attendance and presentation of the study results at public meetings; additional study elements identified by the Client; additional information requested by the Client; special trips requested by the Client other than those required


Page 3


to complete the original scope of services; special services which may be required if the work is suspended or abandoned; additional analyses due to changes in the proposed project; or any special engineering services not required to complete the original scope of service which may be requested by the Client. Payment to TranSystems as compensation for these services will be in addition to the contract amount identified above in the Compensation section. TranSystems will be reimbursed by the Client for these services on a time and materials basis according to our standard hourly rates in effect at the time the services are performed. GENERAL PROVISIONS Arkansas City, KS grants to TranSystems during the term of this agreement and thereafter a non-exclusive license to use its name and logo in TranSystems’ marketing materials such as press releases, case study briefs/project summaries, TranSystems’ website or brochures. This license shall be perpetual and irrevocable for such use on all materials distributed and or printed but not yet distributed prior to termination and revocation of said license; said license shall remain in effect unless and until Arkansas City, KS shall terminate and revoke the same by giving TranSystems 60 days advanced written notice thereof whereupon at the end of 60 days the licenses shall be deemed terminated. Services performed by TranSystems under this Agreement will be conducted in a manner consistent with the level of care, diligence and skill ordinarily possessed and exercised by members of the profession currently practicing in the same locality under similar conditions. IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED. The parties' rights, liabilities, responsibilities and remedies with respect to the Services, whether in contract or otherwise, shall be exclusively those set forth in this Agreement. To the fullest extent permitted by law, TranSystems shall not, in any event, be liable to the Client for any special, indirect, incidental or consequential damages. These, include, but are not limited to, damages from delay, lost distribution, loss of product, loss of use, loss of profits or revenue, increased cost of operation, cost of capital, or the cost of new or replacement equipment or systems or power. TranSystems’ and/or its individual principals, directors, officers, employees, agents and servants of the firm total liability to the Client for all claims, losses, damages and expenses resulting or arising in any way from the performance of the Services shall not exceed the total compensation received by TranSystems under this Agreement. This Agreement shall be governed by and interpreted in accordance with the laws of Missouri. The proposal outlined in this Letter is valid for 120 days. We sincerely appreciate the opportunity to work with you on this Project. If you concur with the proposal outlined in this Letter of Agreement, please execute the enclosed extra copy and return it to TranSystems. Unless otherwise instructed by the Client in writing at the time you return the executed copy of this Letter Agreement, TranSystems will consider the executed Letter Agreement as our notice to proceed. Please let us know if you have any questions or need any further information. Sincerely, TranSystems Corporation

By: Brett A. Letkowski, PE Senior Vice President/Principal


Page 4


ACCEPTANCE The Client hereby accepts the proposal outlined above and does hereby engage TranSystems to perform the Services described above, on the terms and conditions set forth in the forgoing Letter Agreement. The Client accepts and agrees to the terms and conditions of the foregoing Letter Agreement. Client Name: By: Printed Name: Title: Date: Contact/Billing Information: Address: City, State, Zip: Phone: Fax: E-Mail:

City of Arkansas City Board of City Commissioners · 2019-09-27 · Arkansas City, Kansas...

Documents

Transcript of City of Arkansas City Board of City Commissioners · 2019-09-27 · Arkansas City, Kansas...