City Council

AGENDA CITY COUNCIL REGULAR MEETING THURSDAY, OCTOBER 10, 2019 SPRING HILL CIVIC CENTER 401 N. MADISON, COUNCIL CHAMBERS 7:00 P.M. CALL TO ORDER INVOCATION Pastor Irvin Middlebusher, Ocheltree Baptist Church PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA CITIZEN PARTICIPATION CONSENT AGENDA: The items on the Consent Agenda are considered by staff to be routine business items. Approval of the items may be made by a single motion, seconded, and a majority vote with no separate discussion of any item listed. Should a member of the Governing Body desire to discuss any item, it will be removed from the Consent Agenda and considered separately. 1. Approval of Minutes: September 26, 2019 2. Appropriation Order 2019-10-10 3. Consider Approval of Agreement: Reimbursement of over-time for security and traffic control at Bull Creek concert 4. Resolution No. 2019-R-24: Resolution adopting a policy regarding the authority to the City Administrator to consider waiver of license fees and permit fees for community based organizations that have primary purpose of serving the residents of the City of Spring Hill 5. Consider Approval of On Call Engineering Task Agreement: AGC Water Tower Survey Task Order, Lamp Rynearson FORMAL COUNCIL ACTION 6. Consider Acceptance of Bid: Purchase of Mini-Track Loader 7. Consider Approval of Appointment of Public Works Director ANNOUNCEMENTS and REPORTS ADJOURN  THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION AND ARE NOT OFFICIAL MINUTES UNTIL APPROVED BY THE SPRING HILL CITY COUNCIL City of Spring Hill, Kansas Minutes of City Council Regular Session September 26, 2019 A Regular Session of the City Council was held in the Spring Hill Civic Center, 401 N. Madison, Council Chambers, Spring Hill, Kansas on September 26, 2019. The meeting convened at 7:00p.m. with Mayor Ellis presiding and Glenda Gerrity, City Clerk, recording. Councilmembers in attendance: Chris Leaton Tim Pittman Floyd Koder Chad Eckert Andrea Hughes Staff in attendance: Jim Hendershot, City Administrator Melanie Landis, Asst. City Administrator Cindy Henson, Chief of Police Jim Boyer, Utility Superintendent Patrick Burton, Community Development Director Consultants in attendance: Frank Jenkins, City Attorney INVOCATION The invocation was given by Pastor Michael Brown, Spring Hill United Methodist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. ROLL CALL The City Clerk called the roll of the City Council. With a quorum present, the meeting commenced. APPROVAL OF THE AGENDA The Mayor requested to move Item 6 and Item 7 to Formal Action. Motion by Leaton, seconded by Eckert, to approve the agenda as revised. Motion carried 5-0-0. PROCLAMATION The Mayor read aloud the proclamation and proclaimed the week of October 6 – 12, 2019 as National 4-H Week. Michael Ingle from Spring Hill Rustlers and Cooper Eckert from Sharon 4-H attended the meeting and shared their interests and projects they have been on within their clubs. Spring Hill City Council Regular Session Minutes September 26, 2019 Page 1 of 5  THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION AND ARE NOT OFFICIAL MINUTES UNTIL APPROVED BY THE SPRING HILL CITY COUNCIL CITIZEN PARTICIPATION Roy Riffel, 20024 Barker Street, addressed the Governing Body about his discouragement regarding the delay in finding a source for higher internet speed in Spring Hill. The Mayor stated that he has had meetings with providers and it’s a business decision of the provider to come to Spring Hill. The Mayor also stated that the City has prepared the right-of-way policy for any future installation of broadband services. Councilmember Hughes, who was the liaison on the Broadband Task Force, provided an overview of the process and steps the task force researched for broadband services. The task force spent a great deal of time considering what the City could offer to a provider in a partnership without an expediential expense to the City. The City currently has an RFP out for a partnership for deployment of broadband services in Spring Hill, which was the final step of the task force. The Mayor stated that there is nothing prohibiting a provider from coming in and engaging business in the City. Mr. Riffel also addressed the Governing Body about his concern regarding items on the consent agenda, lack of discussion, and private meetings being held, which violates KOMA. Councilmember Hughes stated, “absolutely not” and that she has never had a meeting without the public present. The Mayor explained that a meeting notification is required if more than two councilmembers will be present for a meeting, per the Kansas Open Meetings Act. A notice is also sent if a quorum will be present at events, such as Fall Festival. The Mayor added that two councilmembers can have a discussion and are prohibited with continuing that discussion with a third councilmember. That is considered a serial meeting and would be a violation. The Mayor stated that if somebody has had a meeting in violation of KOMA, that is an accusation of a crime having occurred. That accusation needs to be directed to the District Attorney and an investigation needs to be undertaken. Councilmember Leaton further explained that the items on the consent agenda may be pulled from the consent and added to formal action for further discussion. CITIZEN PARTICIPATION Janell Pollom, 17211 W. 198th Terr, addressed the Governing Body about the notice in the September newsletter about sewer re-averaging for Waterone customers and that it would be reflected on their August utility bill. Ms. Pollom was concerned that the sewer average was based on months with a higher water usage. City staff responded that the City just received the data from Waterone, which caused the delay in processing their sewer average for 2019. Ms. Landis confirmed that the sewer average is based on their water usage for the months of December 2018, January, February and March 2019. CITIZEN PARTICIPATION Bill Peterman, 19431 W. 200th Street, asked how many restrooms were going to be provided at the outdoor concert for the Special Event that is listed under the Consent Agenda. The City Administrator reported that the Police Chief and Fire District Representative have met with the applicant about restrooms, security, traffic, etc. for the event. Spring Hill City Council Regular Session Minutes September 26, 2019 Page 2 of 5  THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION AND ARE NOT OFFICIAL MINUTES UNTIL APPROVED BY THE SPRING HILL CITY COUNCIL CONSENT AGENDA Motion by Leaton, seconded by Koder, to approve the consent agenda. 1. Approval of Minutes: September 12, 2019 2. Appropriation Order 2019-09-26 3. Consider Approval of Cereal Malt Beverage License Renewal: Queen’s Price Chopper, 22350 S. Harrison, Spring Hill, KS 4. Consider Approval of Special Event Permit: Jimmie Allen Concert, October 12, 2019, The Bowery Events 5. Consider Approval of Permanent Utility Easement: Sweetwater Creek, Phase 3 Motion carried 5-0-0. FORMAL COUNCIL ACTION 6. Consider Approval of Contract: Veterans Park, Mega Industries The City Administrator presented the contract for construction of Veterans Park. At the September 12, 2019 meeting, the City Council accepted the revised bids and directed staff to work with the design team, VIREO, to prepare a contract with Mega Industries. Mr. Hendershot gave an overview of the revised base-bid items that are included in the contract price. Motion by Leaton, seconded by Koder, to approve the contract with Mega Industries for the construction of base bid items at Veterans Park in the amount of $1,006,640.00. Motion carried 5-0-0. 7. Consider Approval of Contract: Environmental Report for AGC Water Tower Site, Terracon The City Attorney presented the contract between the City and Terracon Consultants, Inc. relating to an environmental assessment of the AGC water tower site that the City is acquiring. In 1988, the City entered an installment purchase contract with AGC Glass for the City to eventually take title to the water tower currently located on AGC property. The final installment payment was made September 15, 2019. The City is now taking title to that water tower site, with a targeted closing date of November 22, 2019. The City Attorney recommended that the City obtain a Phase I environmental assessment of the water tower site prior to taking title. Motion by Leaton, seconded by Koder, to authorize and direct the Mayor to execute the contract between the City and Terracon Consultants, Inc., for a Phase I environmental assessment of the water tower site, in the amount of $2,100.00. Motion carried 4-0-1 (Hughes abstained due to a conflict of interest.) 8. Charter Ordinance No. 37: Charter Ordinance amending Section One of Charter Ordinance No. 33 correcting citation of K.S.A. 14-1101 et seq. relating to acquisition and regulations of city cemeteries The City Attorney presented Charter Ordinance No. 37, which amends Section One of Charter Ordinance No. 33, correcting citation of K.SA. 14-1101 et seq. relating to acquisition and regulations of city cemeteries. Spring Hill City Council Regular Session Minutes September 26, 2019 Page 3 of 5  THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION AND ARE NOT OFFICIAL MINUTES UNTIL APPROVED BY THE SPRING HILL CITY COUNCIL When the City of Spring Hill became a city of the second class, it adopted Charter Ordinance No. 33, which exempted the City from K.S.A. 14-1007 et seq. However, the citation incorrectly stated K.S. A. 14-1101 et seq. instead of K.S.A. 14-1007 et seq. The attached Charter Ordinance corrects that citation. Because this is a charter ordinance, it requires the vote of the entire Governing Body, which includes the Mayor. Motion by Leaton, seconded by Koder, to adopt Charter Ordinance No. 37. Motion carried aloud by roll of the Governing Body, 6-0-0. Eckert-yea, Pittman-yea, Koder-yea, Hughes- yea, Leaton-yes, Ellis-yea. 9. Ordinance No. 2019-19: Z-02-19, Rezoning from C-1 (Restricted Business District) to M-1 (General Business District), Mid Am Building Supply The Community Development Director presented the ordinance to rezone certain lands located on the southeast corner of 207th Street and Webster Street from C-1 (Restricted Business District) to M-1 (General Industrial). In early 2016, Mid-Am Building Supply expanded their operation consisting of a stormwater detention basin with connecting piping, private access road, gravel outside storage area, fencing, lighting and landscaping. They submitted a rezoning application for 3.1 +/- acres for future expansion. On September 5, 2019, the Planning Commission held the required public hearing. Hearing no objection from the public, the Planning Commission voted unanimously to recommend approval of the rezoning request. The 14-day protest period has expired with no valid protest petition being received. The Spring Hill Planning Commission and Staff recommend approval of Ordinance No. 2019-19 for rezoning application Z-02-19 from C-1 to M-1. Motion by Leaton, seconded by Eckert, to approve Ordinance No. 2019-19 for rezoning application Z- 02-19 from C-1 to M-1. Motion carried aloud by roll of the Governing Body, 6-0-0. Pittman-yea, Koder-yea, Hughes-yea, Leaton-yes, Eckert, Ellis-yea. 10. Ordinance No. 2019-20: Annexation, 20230 Webster Street, Christopher L. & Jan M. Schroeder The Community Development Director presented the ordinance annexing property located at 20230 Webster Street. On September 16, 2019, Christopher L. and Jan M. Schroeder submitted an annexation application, petition and consent for annexation ,(adjoining property by request), consenting to the annexation by the City of Spring Hill, of a tract of land located in the area of 201st Street and Webster Street. City Staff reviewed the proposed annexation request and determined that it meets the City requirements for adjoining property annexation. Because the subject property abuts the City limits, the City has the Spring Hill City Council Regular Session Minutes September 26, 2019 Page 4 of 5  THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION AND ARE NOT OFFICIAL MINUTES UNTIL APPROVED BY THE SPRING HILL CITY COUNCIL statutory authority to annex the property. City staff concurs it is in the best interest of the City to annex the property to help infill the City limits. Motion by Leaton, seconded by Koder, to approve Ordinance 2019-20. Motion carried 5-0-0. 11. Consider Acceptance of Bid: Design & Build Civic Center Stage Lighting and Gymnasium Sound Barriers The Utility Superintendent reported that the City advertised for sealed bids for the new stage lighting and gymnasium sound barriers project and received one bid from A to Z Theatrical Supply and Service. The bid was divided into two sections, one for the Stage Lighting Package and one for the Sound Panels. The lighting package bid was $33,402.00, and the sound panel bid was $27,585.00, for a total bid package of $60,987.00. Both bids include delivery and installation. Funding for the project includes a $50,000.00 grant provided through the generosity of First Option Bank Trusteed Foundations/Velma Kelly Foundation C. Lyman Ingrid Smith Foundation, with the balance paid through the Civic Center Project Fund. The preference for this grant funding was toward something theatrical. Staff confirmed that there was limited work on the stage until the grant funding became available. Staff recommended that the City Council accept the bid from A to Z Theatrical Supply and Service for $60,987.00. Motion by Leaton, seconded by Koder, to accept the bid from A to Z Theatrical Supply and Service for $60,987.00. Motion carried 4-1 (Eckert) -0 ADJOURN Motion by Leaton, seconded by Eckert, to adjourn. The meeting adjourned at 8:10p.m. Glenda Gerrity, City Clerk Approved by the Governing Body on . Spring Hill City Council Regular Session Minutes September 26, 2019 Page 5 of 5  CITY OF SPRING HILL, KANSAS APPROPRIATION ORDER NUMBER 2019-10-10 PRESENTED: October 10, 2019 Be it ordered by the Governing Body of the City of Spring Hill that the above dated order is and shall be approved and all claims honored and paid by the City Clerk. Section 1: Claims paid prior to approval of the City Council as authorized by Ordinance 2001-08: Accounts Payable: $139,031.40 Payroll: $68,746.86 $207,778.26 Section 2: Claims presented for approval of payment: Accounts Payable: $312,956.46 $312,956.46 Total amount of the Appropriation Order: $520,734.72 Payable Number Description (Payable) Account Number Payment Number Payment Date Amount Vendor: 01749 - ABBEY-SIMONS CO. 19-1246A CIVIC CENTER RENOVATION - FURNITURE/FIXTURES 310-000-8126 $7,990.00 Vendor 01749 - ABBEY-SIMONS CO. Total: $7,990.00 Vendor: 00044 - ALL CITY MANAGEMENT SERVICES, INC 63328 CROSSING GUARD SERVICES - 09/01-09/14/2019 100-800-7500 $1,161.09 Vendor 00044 - ALL CITY MANAGEMENT SERVICES, INC Total: $1,161.09 Vendor: 00046 - ALLEN MARKINGS 449799 ADMINISTRATION SUPPLIES 100-110-6110 $277.14 449799 ADMINISTRATION SUPPLIES 100-800-6110 $92.37 449799 ADMINISTRATION SUPPLIES 510-660-6110 $92.37 449799 ADMINISTRATION SUPPLIES 520-670-6110 $92.37 Vendor 00046 - ALLEN MARKINGS Total: $554.25 Vendor: 00105 - ATMOS ENERGY INV0001087 GAS SERVICE - 705 W LAWRENCE 520-670-7624 DFT0000935 $47.57 Vendor 00105 - ATMOS ENERGY Total: $47.57 Vendor: 00106 - ATMOS ENERGY INV0001088 GAS SERVICE - 502 E NICHOLS 100-640-7624 DFT0000930 $54.78 Vendor 00106 - ATMOS ENERGY Total: $54.78 Vendor: 00107 - ATMOS ENERGY INV0001089 GAS SERVICE - 606 N JACKSON, UNIT A 520-670-7624 DFT0000934 $21.85 Vendor 00107 - ATMOS ENERGY Total: $21.85 Vendor: 00110 - ATMOS ENERGY INV0001090 GAS SERVICE - 418 E NICHOLS 100-800-7624 DFT0000931 $49.62 Vendor 00110 - ATMOS ENERGY Total: $49.62 Vendor: 00111 - ATMOS ENERGY INV0001091 GAS SERVICE - 20129 CRESTONE 520-670-7624 DFT0000932 $48.07 Vendor 00111 - ATMOS ENERGY Total: $48.07 Vendor: 00112 - ATMOS ENERGY INV0001092 GAS SERVICE - 401 N MADISON 100-720-7624 DFT0000933 $53.71 Vendor 00112 - ATMOS ENERGY Total: $53.71 Vendor: 00113 - ATRONIC ALARMS, INC 363959 FIRE ALARM MONITORING 10/01-10/31/2019 - CH 100-720-7190 $59.00 Vendor 00113 - ATRONIC ALARMS, INC Total: $59.00 Vendor: 01751 - BEVERLY PRITCHETT 3671 COMMUNITY CENTER DEPOSIT REFUND 100-2200 $200.00 Vendor 01751 - BEVERLY PRITCHETT Total: $200.00 Vendor: 00145 - BLEDSOE RENTALS 311388-2 LINCOLN STREET PROJECT - EQUIPMENT RENTAL 300-000-7230 $181.90 Vendor 00145 - BLEDSOE RENTALS Total: $181.90 Vendor: 00201 - CENTURYLINK INV0001085 TELEPHONE/COMMUNICATION - GROUP 100-110-7622 DFT0000928 10/01/2019 $122.51 INV0001085 TELEPHONE/COMMUNICATION - GROUP 100-610-7622 DFT0000928 10/01/2019 $71.89 INV0001085 TELEPHONE/COMMUNICATION - GROUP 100-710-7622 DFT0000928 10/01/2019 $64.13 INV0001085 TELEPHONE/COMMUNICATION - GROUP 100-730-7622 DFT0000928 10/01/2019 $50.65 INV0001085 TELEPHONE/COMMUNICATION - GROUP 100-800-7622 DFT0000928 10/01/2019 $142.54 INV0001085 TELEPHONE/COMMUNICATION - GROUP 520-670-7622 DFT0000928 10/01/2019 $366.16 Vendor 00201 - CENTURYLINK Total: $817.88 Vendor: 00202 - CENTURYLINK INV0001086 TELEPHONE/COMMUNICATION - LONG DISTANCE 100-800-7622 DFT0000929 09/24/2019 $23.90 INV0001086 TELEPHONE/COMMUNICATION - LONG DISTANCE 520-670-7622 DFT0000929 09/24/2019 $23.89 Vendor 00202 - CENTURYLINK Total: $47.79 Vendor: 00230 - CITY OF SPRING HILL INV0001095 TRASH COLLECTION 08/18 - 09/18/2019 100-640-7628 $110.79 INV0001095 TRASH COLLECTION 08/18 - 09/18/2019 100-710-7628 $98.29 INV0001095 TRASH COLLECTION 08/18 - 09/18/2019 100-720-7628 $196.58 INV0001095 TRASH COLLECTION 08/18 - 09/18/2019 100-730-7628 $33.21 INV0001095 TRASH COLLECTION 08/18 - 09/18/2019 100-800-7628 $85.80 INV0001095 TRASH COLLECTION 08/18 - 09/18/2019 510-660-7628 $60.79 Vendor 00230 - CITY OF SPRING HILL Total: $585.46 Payable Number Description (Payable) Account Number Payment Number Payment Date Amount Vendor: 00239 - CMI GARDNER 140679 SIGNS 100-640-6600 $11.97 140866 PARKS ADVISORY BOARD 100-620-8140 $34.64 Vendor 00239 - CMI GARDNER Total: $46.61 Vendor: 01605 - CONVERGEONE, INC 2182149 CONSULTING SERVICES - AUG 2019 100-220-7160 $417.00 2182149 CONSULTING SERVICES - AUG 2019 510-660-7160 $208.17 2182149 CONSULTING SERVICES - AUG 2019 520-670-7160 $208.16 2234902 CONSULTING SERVICES - SEP 2019 100-220-7160 $417.00 2234902 CONSULTING SERVICES - SEP 2019 510-660-7160 $208.17 2234902 CONSULTING SERVICES - SEP 2019 520-670-7160 $208.16 Vendor 01605 - CONVERGEONE, INC Total: $1,666.66 Vendor: 00325 - DELL FINANCIAL SERVICES 80132462 LEASE PAYMENTS - 6695052-003 - SEP & OCT 2019 100-110-8300 $111.32 80132463 LEASE PAYMENTS - 6695052-004 - SEP & OCT 2019 100-110-8300 $140.00 80132463 LEASE PAYMENTS - 6695052-004 - SEP & OCT 2019 510-660-8300 $140.00 80132463 LEASE PAYMENTS - 6695052-004 - SEP & OCT 2019 520-670-8300 $131.82 80132464 LEASE PAYMENTS - 6695052-005 - SEP & OCT 2019 100-110-8300 $67.00 80132465 LEASE PAYMENTS - 6695052-006 - SEP & OCT 2019 100-100-8300 $81.32 80132465 LEASE PAYMENTS - 6695052-006 - SEP & OCT 2019 100-200-8300 $4.28 Vendor 00325 - DELL FINANCIAL SERVICES Total: $675.74 Vendor: 00358 - E EDWARDS, INC 9161962942 UNIFORMS 100-620-5400 $354.19 9161962942 UNIFORMS 100-640-5400 $361.20 Vendor 00358 - E EDWARDS, INC Total: $715.39 Vendor: 00534 - HERITAGE TRACTOR, INC 10506160 EQUIPMENT MAINTENANCE 100-640-6750 $190.08 Vendor 00534 - HERITAGE TRACTOR, INC Total: $190.08 Vendor: 00573 - INTEGRITY LOCATING SERVICES, LLC 3440 UTILITY LOCATING SERVICES - SEPT 2019 100-640-7190 $1,171.66 3440 UTILITY LOCATING SERVICES - SEPT 2019 510-660-7190 $1,171.67 3440 UTILITY LOCATING SERVICES - SEPT 2019 520-670-7190 $1,171.67 Vendor 00573 - INTEGRITY LOCATING SERVICES, LLC Total: $3,515.00 Vendor: 00575 - INTERNAL REVENUE SERVICE INV0001069 MEDICARE TAXES PAYABLE 100-2100 DFT0000914 09/27/2019 $2,397.36 INV0001069 MEDICARE TAXES PAYABLE 510-2100 DFT0000914 09/27/2019 $173.54 INV0001069 MEDICARE TAXES PAYABLE 520-2100 DFT0000914 09/27/2019 $218.18 INV0001070 SOCIAL SECURITY TAXES PAYABLE 100-2100 DFT0000915 09/27/2019 $10,250.62 INV0001070 SOCIAL SECURITY TAXES PAYABLE 510-2100 DFT0000915 09/27/2019 $741.92 INV0001070 SOCIAL SECURITY TAXES PAYABLE 520-2100 DFT0000915 09/27/2019 $932.96 INV0001071 FEDERAL WITHHOLDING TAX PAYABLE 100-2100 DFT0000916 09/27/2019 $6,969.59 INV0001071 FEDERAL WITHHOLDING TAX PAYABLE 510-2100 DFT0000916 09/27/2019 $388.23 INV0001071 FEDERAL WITHHOLDING TAX PAYABLE 520-2100 DFT0000916 09/27/2019 $564.42 Vendor 00575 - INTERNAL REVENUE SERVICE Total: $22,636.82 Vendor: 00592 - J & T AUTO SERVICE INC 3272 VEHICLE MAINTENANCE 100-800-6720 $2,625.54 3460 VEHICLE MAINTENANCE 100-800-6720 $21.60 Vendor 00592 - J & T AUTO SERVICE INC Total: $2,647.14 Vendor: 01743 - J.WILBUR COMPANY 89225 DRUG & ALCOHOL EDUCATION PROMOTIONAL ITEMS 251-000-7110 $895.22 89233 DRUG & ALCOHOL EDUCATION PROMOTIONAL ITEMS 251-000-7110 $1,791.35 89247 DRUG & ALCOHOL EDUCATION PROMOTIONAL ITEMS 251-000-7110 $740.50 Vendor 01743 - J.WILBUR COMPANY Total: $3,427.07 Vendor: 01742 - JO CO GOVERNMENT JUSTICE INFO MGNT SYSTEM 149480 JIMS-NICHE ANNUAL RMS HOSTING FEE - 2019 100-800-7700 82199 09/24/2019 $434.00 Vendor 01742 - JO CO GOVERNMENT JUSTICE INFO MGNT SYSTEM Total: $434.00 Vendor: 00640 - JOHNSON CO RFD#2 INV0001084 2019 FIRE DISTRICT SERVICES - 4TH QTR 215-000-7310 $180,000.00 Vendor 00640 - JOHNSON CO RFD#2 Total: $180,000.00 Vendor: 00648 - JOHNSON COUNTY PUBLIC WORKS 1224 PROFESSIONAL SERVICES - BRIDGE INSPECTIONS 100-640-7190 $574.82 Vendor 00648 - JOHNSON COUNTY PUBLIC WORKS Total: $574.82 Payable Number Description (Payable) Account Number Payment Number Payment Date Amount Vendor: 00666 - KACE (KS ASSOC CODE ENFORCEMENT) INV0001057 TRAINING & SEMINARS 100-500-5310 82200 09/24/2019 $249.00 Vendor 00666 - KACE (KS ASSOC CODE ENFORCEMENT) Total: $249.00 Vendor: 00676 - KANSAS CITY POWER & LIGHT INV0001078 ELECTRIC SERVICE - 18095 W 199TH ST, SIREN 100-640-7626 DFT0000921 10/01/2019 $36.59 Vendor 00676 - KANSAS CITY POWER & LIGHT Total: $36.59 Vendor: 00683 - KANSAS CITY POWER & LIGHT INV0001079 ELECTRIC SERVICE - 18539 WOODLAND RD 520-670-7626 DFT0000922 10/01/2019 $87.64 Vendor 00683 - KANSAS CITY POWER & LIGHT Total: $87.64 Vendor: 00685 - KANSAS CITY POWER & LIGHT INV0001080 ELECTRIC SERVICE - 18899 S LONE ELM RD 520-670-7626 DFT0000923 10/01/2019 $273.14 Vendor 00685 - KANSAS CITY POWER & LIGHT Total: $273.14 Vendor: 00686 - KANSAS CITY POWER & LIGHT INV0001081 ELECTRIC SERVICE - 18700 W 191ST ST 520-670-7626 DFT0000924 10/01/2019 $151.27 Vendor 00686 - KANSAS CITY POWER & LIGHT Total: $151.27 Vendor: 00688 - KANSAS CITY POWER & LIGHT INV0001082 ELECTRIC SERVICE - 20281 LONE ELM RD 100-640-7626 DFT0000925 10/01/2019 $33.47 Vendor 00688 - KANSAS CITY POWER & LIGHT Total: $33.47 Vendor: 00706 - KANSAS PAYMENT CENTER INV0001067 CHILD SUPPORT 1 100-2130 82203 09/27/2019 $158.31 Vendor 00706 - KANSAS PAYMENT CENTER Total: $158.31 Vendor: 00764 - KPERS INV0001058 KPERS D & D PAYABLE 100-2110 DFT0000904 09/27/2019 $25.07 INV0001059 KPERS TIER 2 PAYROLL 100-2110 DFT0000905 09/27/2019 $373.24 INV0001060 KP & F PENSION PAYABLE 100-2110 DFT0000906 09/27/2019 $7,867.78 INV0001061 KPERS TIER 1 PAYROLL 100-2110 DFT0000907 09/27/2019 $3,383.89 INV0001061 KPERS TIER 1 PAYROLL 510-2110 DFT0000907 09/27/2019 $690.20 INV0001061 KPERS TIER 1 PAYROLL 520-2110 DFT0000907 09/27/2019 $618.85 INV0001062 KPERS TIER 2 PAYROLL 100-2110 DFT0000908 09/27/2019 $2,035.90 INV0001062 KPERS TIER 2 PAYROLL 510-2110 DFT0000908 09/27/2019 $209.22 INV0001062 KPERS TIER 2 PAYROLL 520-2110 DFT0000908 09/27/2019 $303.76 INV0001063 KPERS TIER 3 PAYROLL 100-2110 DFT0000909 09/27/2019 $3,327.76 INV0001063 KPERS TIER 3 PAYROLL 510-2110 DFT0000909 09/27/2019 $85.00 INV0001063 KPERS TIER 3 PAYROLL 520-2110 DFT0000909 09/27/2019 $278.80 INV0001064 KPERS 457 PLAN PAYABLE 100-2115 DFT0000910 09/27/2019 $226.87 INV0001065 KPERS 457 PLAN PAYABLE 100-2115 DFT0000911 09/27/2019 $1,015.00 INV0001065 KPERS 457 PLAN PAYABLE 510-2115 DFT0000911 09/27/2019 $85.00 INV0001065 KPERS 457 PLAN PAYABLE 520-2115 DFT0000911 09/27/2019 $55.00 INV0001066 KPERS D & D PAYABLE 100-2110 DFT0000912 09/27/2019 $587.47 INV0001066 KPERS D & D PAYABLE 510-2110 DFT0000912 09/27/2019 $66.11 INV0001066 KPERS D & D PAYABLE 520-2110 DFT0000912 09/27/2019 $80.69 Vendor 00764 - KPERS Total: $21,315.61 Vendor: 00790 - KUTAK ROCK LLP 2612725 PARK VILLAGE RHID REVIEW 200-000-7170 $3,417.70 Vendor 00790 - KUTAK ROCK LLP Total: $3,417.70 Vendor: 00802 - LAMP RYNEARSON & ASSOC 0318017.01-0000012 PROFESSIONAL SERVICES 520-670-7190 $296.00 Vendor 00802 - LAMP RYNEARSON & ASSOC Total: $296.00 Vendor: 01744 - LAURA SHOOP 3593 COMMUNITY CENTER DEPOSIT REFUND 100-2200 $200.00 Vendor 01744 - LAURA SHOOP Total: $200.00 Vendor: 00815 - LE UPFITTER LLC 6460 UNIFORMS 100-800-5400 $254.42 6479 UNIFORMS 100-800-5400 $130.00 6480 UNIFORMS 100-800-5400 $7.30 Vendor 00815 - LE UPFITTER LLC Total: $391.72 Vendor: 00817 - LEAGUE OF KS MUNICIPALITIES 19-249 TRAINING & SEMINARS 100-100-5310 $35.00 Vendor 00817 - LEAGUE OF KS MUNICIPALITIES Total: $35.00 Payable Number Description (Payable) Account Number Payment Number Payment Date Amount Vendor: 00828 - LIFTOFF LLC 4282 MEMBERSHIP, DUES & SUBSCRIPTIONS 100-220-7700 $686.00 Vendor 00828 - LIFTOFF LLC Total: $686.00 Vendor: 00841 - LOGAN CONTRACTORS SUPPLY, INC. O61239 LINCOLN STREET PROJECT - CONSTRUCTION 300-000-8000 $3,465.80 O63582 HAND EQUIPMENT & TOOLS 100-640-6660 $114.33 R92555 LINCOLN STREET PROJECT - EQUIPMENT RENTAL 300-000-7230 $250.00 O64179 LINCOLN STREET PROJECT - CONSTRUCTION 300-000-8000 $463.50 R92622 LINCOLN STREET PROJECT - EQUIPMENT RENTAL 300-000-7230 $135.00 O65527 LINCOLN STREET PROJECT - CONSTRUCTION 300-000-8000 $84.24 R92763 LINCOLN STREET PROJECT - EQUIPMENT RENTAL 300-000-7230 $75.00 Vendor 00841 - LOGAN CONTRACTORS SUPPLY, INC. Total: $4,587.87 Vendor: 00908 - MIAMI COUNTY SHERIFF OFFICE INV0001075 PRISONER BOARDING - AUG 2019 100-310-7540 $40.00 Vendor 00908 - MIAMI COUNTY SHERIFF OFFICE Total: $40.00 Vendor: 00920 - MICRO CENTER 7623157 ADMINISTRATION SUPPLIES - PD 100-800-6110 $24.99 7638868 EQUIPMENT MAINTENANCE 520-670-6750 $89.99 Vendor 00920 - MICRO CENTER Total: $114.98 Vendor: 00930 - MID-STATES MATERIALS, LLC 84799 LINCOLN STREET PROJECT - STREET MATERIALS 300-000-8000 $2,799.65 85032 STREET MATERIALS 205-640-6630 $754.54 85032 STREET MATERIALS 300-000-8000 $759.91 Vendor 00930 - MID-STATES MATERIALS, LLC Total: $4,314.10 Vendor: 00939 - MIDWEST PUBLIC RISK INV0001094 HEALTH INS PREMIUM - OCT 2019 100-2120 $58,881.86 INV0001094 HEALTH INS PREMIUM - OCT 2019 510-2120 $8,723.70 INV0001094 HEALTH INS PREMIUM - OCT 2019 520-2120 $8,323.70 Vendor 00939 - MIDWEST PUBLIC RISK Total: $75,929.26 Vendor: 00970 - MOWER DOCTOR 52433 EQUIPMENT MAINTENANCE 100-620-6750 $48.06 Vendor 00970 - MOWER DOCTOR Total: $48.06 Vendor: 00979 - NAPA SPRING HILL, LLC 358430 EQUIPMENT MAINTENANCE - SHAC 100-730-6750 $58.20 358536 EQUIPMENT MAINTENANCE 520-670-6750 $17.72 Vendor 00979 - NAPA SPRING HILL, LLC Total: $75.92 Vendor: 00988 - NATIONAL SIGN COMPANY INC. IN-191211 SIGNS 100-640-6600 $696.00 IN-191335 SIGNS 100-640-6600 $315.00 Vendor 00988 - NATIONAL SIGN COMPANY INC. Total: $1,011.00 Vendor: 00997 - NEPTUNE TECHNOLOGY GROUP N581277 METERS/SUPPLIES 510-660-6620 $4,768.00 Vendor 00997 - NEPTUNE TECHNOLOGY GROUP Total: $4,768.00 Vendor: 01010 - O'DONNELL AND SONS CONSTRUCT 92234 STREET MATERIALS 205-640-6630 $110.27 Vendor 01010 - O'DONNELL AND SONS CONSTRUCT Total: $110.27 Vendor: 01013 - OFFICE DEPOT, INC 382073714001 ADMINISTRATION SUPPLIES - PW 100-610-6110 $45.78 Vendor 01013 - OFFICE DEPOT, INC Total: $45.78 Vendor: 01035 - OLATHE WINWATER COMPANY 143007 00 METERS/SUPPLIES 510-660-6620 $1,557.76 Vendor 01035 - OLATHE WINWATER COMPANY Total: $1,557.76 Vendor: 01051 - PACE ANALYTICAL SERVICES, LLC 1960086659 LAB ANALYSIS 520-670-7560 $50.00 Vendor 01051 - PACE ANALYTICAL SERVICES, LLC Total: $50.00 Vendor: 01082 - POMP'S TIRE SERVICE, INC. 1180031978 EQUIPMENT MAINTENANCE 520-670-6750 $861.77 Vendor 01082 - POMP'S TIRE SERVICE, INC. Total: $861.77 Payable Number Description (Payable) Account Number Payment Number Payment Date Amount Vendor: 01093 - PRIME INDUSTRIAL PRODUCTS INC 00207047 EQUIPMENT MAINTENANCE 100-640-6750 $83.45 Vendor 01093 - PRIME INDUSTRIAL PRODUCTS INC Total: $83.45 Vendor: 01133 - REJIS COMMISSION 423693 LEWEB SUBSCRIPTION RENEWAL - SEP 2019 100-800-7700 $44.83 Vendor 01133 - REJIS COMMISSION Total: $44.83 Vendor: 01158 - ROYAL METAL INDUSTRIES, INC 304042 EQUIPMENT MAINTENANCE 100-640-6750 $14.00 304150 EQUIPMENT MAINTENANCE 100-640-6750 $61.50 Vendor 01158 - ROYAL METAL INDUSTRIES, INC Total: $75.50 Vendor: 01746 - RUBEN ROSALES GONZALEZ 3700 COMMUNITY CENTER DEPOSIT REFUND 100-2200 $200.00 Vendor 01746 - RUBEN ROSALES GONZALEZ Total: $200.00 Vendor: 01163 - RURAL WATER DISTRICT #2 MI CO INV0001083 WATER UTILITY SERVICE - 22711 S WOODLAND 520-670-7620 $23.35 91020110-7 WATER PURCHASE CHARGE - SEP 2019 510-660-7580 $35,462.65 Vendor 01163 - RURAL WATER DISTRICT #2 MI CO Total: $35,486.00 Vendor: 01170 - SAM'S CLUB CM0000012 ADMINISTRATION SUPPLIES 100-110-6110 DFT0000927 10/01/2019 -$39.99 Vendor 01170 - SAM'S CLUB Total: -$39.99 Vendor: 01171 - SANTA FE TOW SERVICE 458449 VEHICLE MAINTENANCE 100-800-6720 $113.50 Vendor 01171 - SANTA FE TOW SERVICE Total: $113.50 Vendor: 01745 - SARAH BORCHARDT 3425 COMMUNITY CENTER DEPOSIT REFUND 100-2200 $200.00 Vendor 01745 - SARAH BORCHARDT Total: $200.00 Vendor: 01199 - SHI INTERNATIONAL CORP B10408191 COMPUTER HARDWARE 100-800-6150 $456.46 Vendor 01199 - SHI INTERNATIONAL CORP Total: $456.46 Vendor: 01200 - SHIRT HOLE INV0001056 UNIFORM 100-620-5400 $30.00 Vendor 01200 - SHIRT HOLE Total: $30.00 Vendor: 01206 - SIGN HERE INC. 23560 EQUIPMENT MAINTENANCE 100-640-6750 $325.00 Vendor 01206 - SIGN HERE INC. Total: $325.00 Vendor: 01747 - SILVIA MERA 3713 COMMUNITY CENTER DEPOSIT REFUND 100-2200 $200.00 Vendor 01747 - SILVIA MERA Total: $200.00 Vendor: 01748 - SPRAYER SPECIALTIES, INC 1074036-IN EQUIPMENT 100-620-8110 $2,980.09 Vendor 01748 - SPRAYER SPECIALTIES, INC Total: $2,980.09 Vendor: 01240 - SPRING HILL OIL (PD) INV0001093 FUEL - PD 100-800-6710 $2,992.48 Vendor 01240 - SPRING HILL OIL (PD) Total: $2,992.48 Vendor: 01578 - SPRING HILL RURITAN CLUB 3697 COMMUNITY CENTER DEPOSIT REFUND 100-2200 $200.00 Vendor 01578 - SPRING HILL RURITAN CLUB Total: $200.00 Vendor: 00777 - STATE OF KANSAS DEPT OF REVENUE INV0001073 SALES TAX - AUG 2019 - SHAC 100-2210 DFT0000917 09/20/2019 $188.91 INV0001076 SALES TAX - AUG 2019 510-2210 DFT0000920 09/25/2019 $2,135.59 Vendor 00777 - STATE OF KANSAS DEPT OF REVENUE Total: $2,324.50 Vendor: 01282 - SUMNERONE/UNISOURCE/DATAMAX 2307466 COMP.EQUIP.MAINT. CONTRACT - 09/19-12/18/2019 100-110-6130 $317.53 2307466 COMP.EQUIP.MAINT. CONTRACT - 09/19-12/18/2019 100-110-6130 $687.75 2307466 COMP.EQUIP.MAINT. CONTRACT - 09/19-12/18/2019 100-610-6130 $43.24 2307466 COMP.EQUIP.MAINT. CONTRACT - 09/19-12/18/2019 100-610-6130 $343.87 2307466 COMP.EQUIP.MAINT. CONTRACT - 09/19-12/18/2019 100-800-6130 $343.88 2307466 COMP.EQUIP.MAINT. CONTRACT - 09/19-12/18/2019 100-800-6130 $58.48 Vendor 01282 - SUMNERONE/UNISOURCE/DATAMAX Total: $1,794.75 Payable Number Description (Payable) Account Number Payment Number Payment Date Amount Vendor: 01635 - T2 HOLDINGS, LLC 100173381 PROFESSIONAL SERVICES 100-110-7190 $32.50 100173381 PROFESSIONAL SERVICES 100-800-7190 $40.00 100173381 PROFESSIONAL SERVICES 510-660-7190 $16.25 100173381 PROFESSIONAL SERVICES 520-670-7190 $16.25 Vendor 01635 - T2 HOLDINGS, LLC Total: $105.00 Vendor: 01331 - THE LIFEGUARD STORE, INC INV902971 ADMIN/OPERATING SUPPLIES- SHAC 100-730-6110 $357.00 Vendor 01331 - THE LIFEGUARD STORE, INC Total: $357.00 Vendor: 01369 - TYLER TECHNOLOGIES, INC. 025-271225 ENER GOV CONFIGURATION 401-000-8110 $125.00 Vendor 01369 - TYLER TECHNOLOGIES, INC. Total: $125.00 Vendor: 01448 - VISA INV0001074 PURCHASING CARD #9013 09/02/19 - ADMIN 100-100-6020 DFT0000918 09/16/2019 $34.95 Vendor 01448 - VISA Total: $34.95 Vendor: 01462 - WASTE MANAGEMENT 0361948-4856-4 TRASH COLLECTION - AUG 2019 100-2220 DFT0000919 09/26/2019 $47,864.10 0363151-4856-3 WW REFUSE - AUG 2019 520-670-7628 DFT0000926 10/01/2019 $2,294.23 Vendor 01462 - WASTE MANAGEMENT Total: $50,158.33 Vendor: 01465 - WATER DISTRICT #7 INV0001077 WATER UTILITY SERVICE - 22785 W 220TH 520-670-7620 $20.78 Vendor 01465 - WATER DISTRICT #7 Total: $20.78 Vendor: 01505 - WITHHOLDING TAX INV0001068 KANSAS WITHHOLDING TAX PAYABLE 100-2100 DFT0000913 09/27/2019 $3,398.06 INV0001068 KANSAS WITHHOLDING TAX PAYABLE 510-2100 DFT0000913 09/27/2019 $186.44 INV0001068 KANSAS WITHHOLDING TAX PAYABLE 520-2100 DFT0000913 09/27/2019 $262.21 Vendor 01505 - WITHHOLDING TAX Total: $3,846.71 Vendor: 01510 - ZANE L. TODD, JR.-ATTY AT LAW INV0001072 LEGAL SERVICES - PUBLIC DEFENDER 100-310-7170 $625.00 Vendor 01510 - ZANE L. TODD, JR.-ATTY AT LAW Total: $625.00 Grand Total: $451,987.86  AGENDA ITEM REVIEW SHEET TO: GOVERNING BODY SUBMITTED BY: CINDY HENSON, CHIEF OF POLICE MEETING DATE: OCTOBER 10, 2019 DATE: OCTOBER 4, 2019 Consent Item: Reimbursement for Secondary employment of off-duty officers regarding Special Event Permit: Jimmie Allen Concert, Bowery Events LLC. Background: The applicant, Mike Denny, Bowery Events, is planning an outdoor concert on October 12, 2019, 6:00pm -11:30pm. On September 26th, council approved the special permit contingent upon secondary employment and an agreed upon required amount of law enforcement and security. The Spring Hill Police Department and Johnson County Fire District No. 2, Johnson County Sherriff and Kansas Highway Patrol have met with Mr. Denny, Mr. James, Mr. Debolt and the security company, Securitas, about security, traffic, parking and emergency services. Currently we have a verbal agreement for 12 officers, and two medical/EMT’s to be present throughout the event. Depending on ticket sales this number may be reduced. Analysis: The event supervisor, Joshua James, has received the agreement contract to reimburse off-duty officers for the outdoor concert at Bowery Events, 20559 S. Lone Elm Road, Spring Hill, Kansas on October 12, 2019 6:00pm – 11:30pm. Alternatives: • Approve the agreement for reimbursement of off-duty officers at an established rate of pay • Deny the agreement for reimbursement of off-duty officers at an established rate of pay • Table the agreement for reimbursement of off-duty officers at an established rate of pay Legal Review: Legal drafted and approved the agreement sent to Mr. James for signature. Funding Review or Budgetary Impact: There will be overtime within the Police Department for this event, which will be paid by the Bowery. Recommendation: Staff recommends that the City Council approve the agreement for reimbursement of off-duty officers at the established rate of pay, for the outdoor concert at The Bowery, 20559 S. Lone Elm Road, October 12, 2019, 6:00pm – 11:30pm Attachments: Agreement of reimbursement  OFF-DUTY OFFICER AGREEMENT This Off-Duty Officer Agreement (“Agreement”) is made and entered into effective the _12_ day of October, 2019, by and between the City of Spring Hill, Kansas, a municipality organized under the laws of the State of Kansas (“City”), and Bowery Events, LLC, a Kansas limited liability company (“Contractor”), subject to the conditions herein, for the City to provide Contractor off-duty police department personnel for use in connection with a concert to be produced by Contractor on October 12, 2019, at the following address: 20559 S Lone Elm Rd Spring Hill, KS 66083 (“Event”). 1. Purpose. Contractor and City desire to enter into this Agreement for the purpose of placing City of Spring Hill, Kansas, Police Department sworn officers and/or civilian employees (traffic control) at various locations at or near the Event, where those employees will provide security or traffic control for a price of $50.00 per hour per employee, payable to the City, pursuant to the terms and conditions of this Agreement. 2. Employment Coordination. All off-duty employment under this Agreement must be arranged by Contractor with City of Spring Hill, Kansas, Police Chief Cindy Henson, or such person as she shall designate. Off-duty employment cannot be arranged directly with the City’s police officers and/or civilian employees. Contractor shall cooperate and coordinate with the City’s Police Chief, or her designee, in determining when and where the off-duty officers and employees are to be deployed, and what duties shall be requested of them during that deployment under this Agreement. 3. Emergency Activation. All police officers and civilian employees provided pursuant to this Agreement are subject to mobilization by the City’s Police Department in the event of an emergency, or pursuant to the City’s Police Department bona fide staffing needs. 4. Cancellation by City. The City Chief of Police or her designee may cancel or terminate any work assignment under this Agreement whenever necessitated by virtue of a police or community emergency, and for any other situations where, under the circumstances, said cancellation or termination is deemed appropriate by the City’s Chief of Police or her designee. City reserves all right to cancel this Agreement before, or during, the Event. 5. Cancellation by Contractor. Contractor must notify City Chief of Police, or her designee, of any cancellation at least twenty-four (24) hours prior to the start time of the work assignment under this Agreement. If Contractor does cancel this Agreement within 24 hours or less of the time the Event is to commence, Contractor will pay City a 3.0 hour minimum charge (i.e., $150.00) per assigned officer and/or employee. 6. Inspection. All Event related work sites pursuant to this Agreement are subject to on-site inspection and review by the City’s Chief of Police, or her designee. The City’s Chief of Police, or her designee, has the right to review and assess the demeanor of all officers and employees stationed at any work site in connection with the Event, in order to insure that the City’s Police Department goals and missions are maintained to an acceptable standard. 1  7. City Policies and Rules. All officers and employees assigned under this Agreement are subject to all applicable rules, regulations, procedures and policies as may be established by the City, including but not limited to the City’s Police Department. 8. Criminal Prosecution. Contractor must cooperate fully in the identification, apprehension and prosecution of any person involved in any crime that occurs at the Event while staffed by officers and employees pursuant to this Agreement. 9. Insurance Requirements. City will provide workers compensation insurance for all officers and employees assigned to work the Event under this Agreement. At or before the time this Agreement is fully executed, Contractor shall provide proof of insurance in accordance with the insurance requirements stated in attached Exhibit A. 10. Fee Schedule. Contractor shall pay City $50.00 per person per hour for each officer and each employee assigned by the City to work the Event pursuant to this Agreement, with Contractor to pay City for a minimum of three hours (i.e., $150.00) for each such person so assigned. 11. Invoicing and Payment. Following the Event, City will invoice Contractor for the officers and employees provided under this Agreement. The invoice shall be payable within thirty (30) days of receipt. 12. Applicable Law; Venue; Attorneys’ Fees. This Agreement is made in Kansas and is to be interpreted and enforced under Kansas law. Any litigation between the parties arising out of or related to this Agreement shall be brought only in the District Court of Johnson County, Kansas, and in no other court or location. In any such litigation, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and expenses incurred in the litigation. 13. Indemnity of City. Contractor, at its sole cost and expense, shall indemnify, hold harmless and protect the City, including its officers, employees, agents, Mayor, Council Members, and volunteers from and against any and all Loss. Loss means any and all loss, damage, liability or expense, of any nature whatsoever, whether incurred as a judgment, settlement, penalty, fine or otherwise (including attorneys’ fees and expenses), in connection with any action, proceeding, demand or claim, whether real or spurious, for injury, including death, to any person or persons or for damage to or loss of, or the loss of use of, property of any person, firm or corporation, including the parties hereto, which arises out of or is connected with, or is claimed to arise out or be connected with, any intentional, wanton or negligent act or omission of Contractor, its agents, employees, officers, subcontractors, suppliers or Contractor members. However, this hold harmless and indemnification shall not apply to the extent such “Loss” results from any negligent, intentional or wanton act or omission on the part of the City, its officers, agents, employees, Mayor, Council Members or volunteers. 15. Notices. Notices shall be deemed duly given upon hand-delivery, or upon mailing, first class or overnight delivery, charges pre-paid, or upon emailing, addressed as below indicated. 2  If to the City: City of Spring Hill, Kansas Police Department 418 East Nichols Street P.O. Box 424 Spring Hill, KS 66083 Attn: Cindy Henson, Police Chief Email: cindy.henson@springhillks.gov Phone: (913) 592-2700 Fax: (913) 592-2746 If to Contractor: Bowery Events, LLC 660 West North Street Spring Hill, KS 66083 Attn: Mike Denny, Member Email:_________________________________ Phone:_________________________________ Fax:___________________________________ 16. Application of Kansas Tort Claims Act. The City is a governmental entity within the meaning of K.S.A. 75-6106 (Kansas Tort Claims Act). The liability for each of the acts or omissions of its officers, employees, agents, volunteers, Council Members and Mayor shall be determined pursuant to the provisions of that Act. City shall not be deemed to have waived any defense available to it under the provisions of the Act, whether with respect to Contractor or to third parties. 17. Binding Effect. This Agreement shall be binding upon, and inure to the benefit of, the parties and their respective heirs, administrators, executors, successors, and permitted assigns. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement. 3  “CITY” CITY OF SPRING HILL, KANSAS, a municipality organized under the laws of the State of Kansas By:_________________________________ Attest: Steven M. Ellis, Mayor Glenda Gerrity, City Clerk Approved as to form: Frank H. Jenkins, Jr., City Attorney “CONTRACTOR” Bowery Events, LLC, a Kansas limited liability company By: Mike Denny Capacity: Member and Authorized Signer 4  EXHIBIT A Insurance Requirements Contractor shall procure and maintain, at its sole cost and expense, the following insurance coverage with minimum acceptable limits. All insurance policies shall be written with insurance companies acceptable to City and with a current A.M. Best Guide rating of A- and Class VIII or better, and authorized to do business in the State of Kansas. (1) COMMERCIAL GENERAL LIABILITY Contractor shall procure and maintain, at its sole cost and expense, throughout the duration of this Contract, and all extensions and modifications, commercial general liability insurance, with a minimum coverage of $1,000,000 per claim and $2,000,000 aggregate and include coverage for liquor liability. This shall be a combined single limit of liability as respects bodily injury, personal injury, and property damage. The coverage, written on a post 1998 ISO occurrence form or equivalent, shall apply to all products and services furnished by Contractor to City. The policy shall include a severability of interest coverage and shall name City, its officers, employees, Mayor, City Council Members, volunteers, and agents as an additional insured. with respect to the products and services to be performed and provided by personnel furnished by Contractor under this Contract. Severability of interest and naming City, its officers, employees, Mayor, City Council Members, volunteers, and agents as additional insured shall be indicated on the certificate of insurance, and shall also be provided by evidence of policy authorization or endorsement, as applicable. Contractor agrees to waive its right of recovery against City for all claims and suits against City that are the subject of such insurance, and the insurers issuing the insurance, through policy authorization or by policy endorsement, as applicable, shall waive their right of subrogation against the City. The certificate of insurance must reflect the waiver of subrogation by policy authorization or by endorsement. The policy, through endorsement, must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by the City. The certificate of insurance must reflect that the primary and non-contributing endorsement is included as an endorsement to the policy. Prior to the event, to furnishing any products or services to City under this Contract, Contractor shall furnish to City a certificate of insurance, acceptable to City, including a signature of the authorized representative of the participating insurer, evidencing the coverage and endorsements required in this section, accompanied by evidence of the referenced policy authorizations or endorsements, as applicable. The certificate shall agree to provide City 10 day’s prior written notice of any termination, cancellation, expiration, or material modification of the insurance coverage. (2) BUSINESS AUTOMOBILE LIABILITY Contractor shall provide evidence of automobile liability insurance of a combined single 5 limit of liability of $1,000,000 Per Occurrence / Accident, to apply to all owned, hired, and/or non-owned autos and vehicles used by Contractor in the in regard to the Event. 6  Agenda Item Review Sheet To: Mayor and City Council From: Frank Jenkins Jr., City Attorney Date: October 3, 2019 Meeting: October 10, 2 019 Consent Agenda: Resolution correcting Resolution No. 2019-R-20 to provide that the City Administrator rather that the Governing Body is to consider the waiver of certain fees for Community based organizations that have a primary purpose of serving the residents of the City of Spring Hill, Kansas. Issue: Correction of Resolution No. 2019-R-20 to authorize the City Administrator to consider the waiver of certain fees in lieu of the Governing Body. Background: The August 22, 2019 Agenda included Item 11 which stated that the City Administrator was to be authorized to consider waiver of license fees and permit fees for community based organizations that have a primary purpose of serving the residents of the City of Spring Hill. However, the resolution form that was provided to the Governing Body incorrectly stated that the Governing Body was to have the authority to consider the waiver of the fees. Analysis: The previous direction the Governing Body was that the authority for waiver of fees was to be delegated to the City Administrator. Resolution 2019-R-20 incorrectly stated that the Governing Body was to have this authority. The attached resolution rescinds Resolution 2019-R- 20 and corrects the error in Resolution No. 2019-R-20 by providing that the City Administrator is to have the waiver of fees authority. Recommendation: Adoption of the Resolution No. 2019-R-24 Alternatives: 1. Motion to adopt Resolution No. 2019-R-24. 2. Motion directing the City Staff to provide additional information regarding the issue. Attachment: Resolution correcting Resolution No. 2019-R-20 cc: Jim Hendershot, City Administrator Melanie Landis, Assistant City Administrator Glenda Gerrity, City Clerk 1  RESOLUTION NO. 2019-R-24 A RESOLUTION ADOPTING A POLICY REGARDING THE AUTHORITY OF THE CITY ADMINISTRATOR TO CONSIDER WAIVER OF LICENSE FEES AND PERMIT FEES FOR COMMUNITY BASED ORGANIZATIONS THAT HAVE THE PRIMARY PURPOSE OF SERVING THE RESIDENTS OF THE CITY OF SPRING HILL, KANSAS; FURTHER RESCINDING RESOLUTION NO. 409 AND RESOLUTION NO. 2019-R-20. WHEREAS, the Governing Body has reviewed the issue of the waiver of certain permit fees and license fees and determined that a revised policy is necessary and appropriate. NOW THERFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SPRING HILL, KANSAS: SECTION ONE: Scope of Waiver. The Governing Body hereby authorizes and directs the City Administrator to administer this policy, including the authority to approve or disapprove requests for waivers, in whole or in part, permit fees and license fees upon making findings that would include but shall not be limited to the following: A. The applicant is a community-based organization that has a primary purpose of serving the residents of the City of Spring Hill, Kansas. B. The nature and size of the requested waiver. C. The waiver is for a public purpose. SECTION TWO: Permit and License Fees-Defined. Permit and License fees shall include, but shall not be limited, to the following: 1. Building Code Fees 2. Electrical Code Fees 3. Plumbing Code Fees. 4. Environmental Code Fees. 5. Civic Center Rental Fees. 6. Community Center Rental Fees. 7. Right-of Way Ordinance Fees. 8. Other fees designated by the Governing Body. SECTION THREE: Rescission. Resolution No. 409 and Resolution 2019-R-20 are hereby rescinded. SECTION FOUR: Effective Date. This Resolution will become effective upon its adoption by the City Council. 1  ADOPTED by the City Council of the City of Spring Hill, Kansas, this ____ day of October, 2019. APPROVED by the Mayor this ____ day of October, 2019. CITY OF SPRING HILL, KANSAS Steven M. Ellis, Mayor ATTEST: Glenda Gerrity, City Clerk APPROVED AS TO FORM: Frank H. Jenkins, Jr., City Attorney 2  AGENDA ITEM REVIEW SHEET To: Mayor and City Council From: Frank H. Jenkins Jr., City Attorney Date: October 3, 2019 Meeting: October 10, 2019 Subject: Lamp Rynearson contract for survey work in connection with AGC water tower site acquisition Formal Agenda: Consider approval of a contract between the City and the City’s Engineer, Lamp Rynearson, relating to a survey that Lamp Rynearson proposes to provide the City relating to the AGC water tower site that the City is acquiring. Issue: Contract with Lamp Rynearson for a survey in an amount not to exceed $6,940.00, including direct expenses. Background: In 1988, the City entered an installment purchase contract with AGC Glass for the City to eventually take title to the water tower currently located on AGC property. The final installment payment was made September 15, 2019. The City is now taking title to that water tower site, with a targeted closing date of November 22, 2019. The City Attorney recommends the City obtain a survey of the water tower site prior to taking title. Attached as Exhibit A is a proposal by Lamp Rynearson to provide a survey of the water tower site in an amount not to exceed $6,940.00, including direct expenses. Alternatives: 1. Motion authorizing and directing the Mayor to execute the contract between the City and Lamp Rynearson for a survey of the water tower site in an amount not to exceed $6,940.00, including direct expenses. 2. Motion to disapprove the proposed contract. 3. Motion directing the City staff to provide additional information relating to the contract. Funding Review or Budgetary Impact: This recommendation is submitted in accordance with Sections 1.01C and 2.03C of the Purchasing Policy. This expenditure will be charged to the Water fund. Recommendation: It is recommended that the contract with Lamp Rynearson be approved by the Governing Body. Attachments: Exhibit A (Lamp Rynearson On-Call Professional Services Agreement for survey). cc: Jim Hendershot, City Administrator Melanie Landis, Assistant City Administrator Glenda Gerrity, City Clerk  EXHIBIT A (Lamp Rynearson proposed contract)  AGENDA ITEM REVIEW SHEET TO : GOVERNING BODY SUBMITTED BY: DILLON JONES, PARKS SUPERINTENDENT MEETING DATE: SEPTEMBER 26, 2019 DATE: SEPTEMBER 19, 2019 Consent / Formal Action / Discussion Item: Formal Action Issue: Purchase New Mini Track Loader Background: In 2019 a budget request was approved for an additional mini track loader. The mini track loader along with the additional attachments would allow the Parks division to be more efficient and versatile in installation of playground equipment, landscapes and debris clean up. This equipment could also be utilized by other departments as it is easily maneuverable for grading/dirt work in residential or other restricted areas. A request for proposal was posted in the Miami County Republic with the bid opening on September 18, 2019. Analysis: Staff reviewed the following bids: KC BOBCAT 1220 S Hamilton Circle Olathe, KS 66061 No Bid No Bid Item Description 1. Mini Track Loader base $25,900.00 $0 $0 2. 36” Dirt Bucket $550.00 3. 16” Auger $2,050.00 4. Bolt-on teeth $210.00 5. Pallet Fork $595.00 TOTAL $29,305.00 While only receiving one bid for this purchase staff feels confident that this equipment will be beneficial to the Parks staff on many projects and is comparable to current market pricing. Funding Review or Budgetary Impact: Expenditure paid through the CIP Fund Recommendation: Motion to approve the purchase of the Bobcat MT85 with additional attachments from KC Bobcat for $29,305.00 Attachments: - Bids from dealers - Bid Tabulation Sheet - Purchase order  CITY OF SPRING HILL, KS BID TAB Owner CITY OF SPRING HILL, KANSAS Project: Mini Track Loader Received Bids @ City of Spring Hill Date: 9/18/2019 401 N Madison, SPRING HILL, KS 66083 Bidder's Name and Address KC BOBCAT 1220 S Hamilton Circle Olathe, KS 66061 No Bid No Bid Item Description Price Price Price Price Price 1. Mini Track Loader base $ 25,900.00 $ $ 2. 36” Dirt Bucket $550.00 3. 16” Auger $2050.00 4. Bolt-on teeth $210.00 5. Pallet Fork $595.00 TOTAL $29,305.00 Page 1 of 1