Governing Body
Regular MeetingTopeka, KS · November 12, 2024
Minutes
Governing Body Minutes – November 12, 2024
CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, November 12, 2024. The
Governing Body members of the City of Topeka met in regular session at 6:00 P.M. with the
following Councilmembers present: Councilmembers Hiller, Valdivia-Alcala, Banks, Kell,
Miller, Dobler, Duncan and Hoferer - 8. Mayor Padilla presided -1. Absent: Councilmember
Ortiz – 1.
Public comment for the meeting was available via Zoom or in-person. Individuals were
required to contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org
by no later than 5:00 p.m. on November 12, 2024, after which the City Clerk's Office provided
the Zoom link information and protocols prior to the meeting start time. Written public
comment was also considered to the extent it was personally submitted at the meeting or to the
City Clerk's Office located at 215 SE 7th Street, Room 012B, Topeka, Kansas, 66603 or via
email at cclerk@topeka.org on or before November 12, 2024, for attachment to the meeting
minutes.
AFTER THE MEETING WAS CALLED TO ORDER, Councilmember Dobler provided
the invocation.
THE PLEDGE OF ALLEGIANCE was recited by meeting participants.
BOARD APPOINTMENT recommending the reappointment of Carole Jordan to the
Topeka Board of Zoning Appeals to fill a term ending December 1, 2027, was presented.
(Council District No. 1)
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BOARD APPOINTMENT recommending the reappointment of Doug Snook to the
Board of Plumbing Examiners for a term ending December 31, 2026, was presented. (Council
District No. 7)
BOARD APPOINTMENT recommending the appointment of Toby Taggart to the Board
of Building and Fire Appeals for a term ending September 6, 2026, was presented. (Outside City
Limits)
Councilmember Dobler moved to approve the appointments. The motion seconded by
Councilmember Banks carried unanimously on roll call vote. The mayor does not vote. (8-0-0)
PRESENTATION on the City of Topeka Fire Medical Transport Analysis Report was
provided by Isabel Ebersole, Tom Jenkins and Jeremy Wade, Wichita State University Public
Policy & Management Center.
Councilmember Dobler asked for further explanation concerning the recommendation of
having three TFD Ambulances supporting the existing EMS System and only responding to high
priority call types.
Tom Jenkins reported currently ambulances respond to Topeka Fire Department high-risk
incidents that are considered high-risk situations to firefighters; however, TFD ambulances could
be viewed as additional resources to be used during these situations.
Councilmember Kell asked if the service would be considered a new classification for
Topeka Fire Department trainees. He also inquired on the cost of an ambulance unit and if
implementing the service by the 2nd Quarter of 2027 was realistic as it relates to staffing and call
volume.
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Randy Phillips, Topeka Fire Chief, reported they intend to cross train for both Ambulance
Service and Fire Apparatus Service; and the cities of Lawrence and Kanas City, Kansas, have
recently purchased an ambulance unit costing between $400,000 to $450,000 excluding the cost
of personnel. He stated additional personnel would need to be hired to implement the program;
however, he was confident the additional staff could be hired and trained within the time frame
suggested.
Councilmember Dobler referenced the baseline service of five Advanced Life Support
Units within the city of Topeka and questioned if the City currently receives the baseline service
level from AMR.
Tom Jenkins said five Advanced Life Support Units are an appropriate service level in the
city of Topeka and their main focus was to achieve this at all times.
Councilmember Banks questioned if the current staffing level of the Topeka Fire
Department could efficiently accommodate the proposed recommendations.
Jeremy Wade said they would begin to address staffing needs by providing additional
training to Firefighters already trained to perform Basic Life Support (BLS) so they can perform
Advanced Life Support (ALS) procedures.
Councilmember Hiller questioned the need for additional emergency services and noted,
the report stated all emergency needs and response times were being met.
Tom Jenkins spoke to the importance of the recommendation and its intent to resize the
geospatial boundaries and noted, the current ambulance service provider assessment includes
various zones not just Topeka, and benchmarks are based on call priority.
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Councilmember Duncan stated routine service reports are posted online highlighting
areas where improvement was needed. He expressed his disappointment with not having baseline
program costs included in the Presentation making it a difficult decision. He questioned if they
have considered providing only Transport Services instead of Emergency Medical Transport
Services, and if there was a cost savings associated with a reduced service level.
Fire Chief Phillips reported Staff has been researching the cost associated with
transportation services including the need for additional manpower and the hiring of a third-party
contractor to provide billing services.
Councilmember Dobler stated it was not sustainable to continue to increase the pay of
firefighters in order to provide Emergency Medical Services to city residents. He spoke in
support of addressing the recommendations one step at a time, starting with the negotiation of an
improved service contract with Shawnee County that would include appointing a Board of
Experts as recommended in the report to weigh in on what the City needs to do to reach the goal
of having five ALS units available in the city at all times and beyond, as well as other
recommendations.
Mayor Padilla stated he concurs with Councilmember Dobler and spoke to the
importance of providing the best service at the lowest price.
Governing Body Members thanked the Wichita State University Team for the report and
recommendations.
APPROVAL of CONTRACT NO. 52498 a Utilities Engineering Contract Amendment
between the City of Topeka and Recreation Engineering & Planning, in an amount not to exceed
$89,800 for engineering services, was presented.
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APPROVAL of CONTRACT NO. 52499 a Utilities Engineering Contract between the
City of Topeka and Bartlett and West, Inc., in an amount not to exceed $175,000 for engineering
services, was presented.
MINUTES of the regular meeting on October 15, 2024, was presented
Councilmember Dobler moved to approve the consent agenda. The motion seconded by
Councilmember Banks carried unanimously on roll call vote. (9-0-0)
RESOLUTION NO. 9595 introduced by the Public Infrastructure Committee comprised
of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler, amending the 2025-2034
Capital Improvement Plan (CIP) and 2025-2027 Capital Improvement Budget (CIB) to include
Project No. 281361, was presented. (The Public Infrastructure Committee recommended
approval on October 15, 2024.)
Sylvia Davis, Utilities Director, reported approval would amend the CIP and CIB to add
the project and authorize a total project budget in the amount of $74,280,000, a maximum
amount based on the current status of the lead service line inventory. She stated more than likely,
the amount of funding needed to address the federal mandate will be much less and it was
possible 50% of the loan principle could be forgiven.
Councilmember Dobler thanked Staff for the detailed explanation and planning for the
worst-case-scenario.
Councilmember Valdivia-Alcala encouraged Staff to be mindful of how notifications are
written to avoid confusion by customers. She asked if there would be any cost to the consumer as
it relates to the replacement of lines.
Utilities Director Davis reported the City was required to use a certain brochure supplied
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by the State of Kansas; however, the City will provide additional information along with a QR
code for Spanish speaking individuals in the notice.
Dr. Robert M. Perez, City Manager, reported the owner will be responsible for costs of
replacement within private structures.
Councilmember Duncan questioned why the engineering costs for the project was 19% of
the project cost compared to the average cost of 10%.
Councilmember Hiller stated she would oppose the resolution at this time because she
believes the concept of repair could be scaled back resulting in a significant reduction in funding
requirements as well as no reference has been made to the possible use of grant funds.
Councilmember Kell thanked Staff for their work on the project and for asking for an
amount that could cover potential problems that may arise. He stated the longer they wait the
more expensive the repairs will be.
Councilmember Duncan thanked Staff for addressing the Federal mandate and taking the
initiative to secure State funding before it was depleted.
Councilmember Dobler moved to approve the resolution. The motion seconded by
Councilmember Kell carried on roll call vote. Councilmember Hiller voted “no.” (8-1-0)
PUBLIC HEARING
PUBLIC HEARING concerning a proposed loan in an amount not to exceed $74,280,000
to be taken by the City of Topeka from the Kansas Public Water Supply Loan Fund
administered by Kansas Department of Health and Environment (KDHE) pursuant to
KSA 65-163c et seq.
RESOLUTION NO. 9596 introduced by City Manager Dr. Robert M. Perez, authorizing
the filing of an application to the Kansas Department of Health and Environment regarding a
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loan from the Kansas Public Water Supply Loan Fund, was presented. (Utilities Project No.
281361)
Mayor Padilla opened the public hearing and asked if there was anyone present who
would like to speak to the matter.
Upon no one appearing the public hearing was closed.
Sylvia Davis, Utilities Director, reported approval would authorize Staff to proceed with
the preparation and execution of a loan agreement with KDHE for the purposes of permanently
financed costs related to inventorying or replacing lead service lines.
Councilmember Kell moved to approve the resolution. The motion seconded by
Councilmember Banks carried on roll call vote. Councilmember Hiller voted “no.” (8-1-0)
CONVEYANCE of real estate to the State of Kansas for $3,685,887.76, was presented.
(Contract No. 52489)
Braxton Copley, Assistant City Manager, reported approval would convey the current
light duty fleet garage located 210 SE 4th Street to the State of Kansas. He stated the State of
Kansas would be constructing a new viaduct to replace the existing Polk Quincy viaduct directly
over the existing light duty fleet garage facility. He reported KDOT has negotiated the purchase
price of $3,685,887.76 to compensate the City for the real estate and improvements. He noted
this amount was separate from the cost of relocation assistance estimated to be $3.19 million
which will be reimbursed to the City once it has physically relocated to the new facility.
Councilmember Hiller thanked Staff for working with KDOT to realize as much savings
as possible on the overall proposal to relocate the fleet service garage.
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Councilmember Hiller moved to approve the conveyance of real estate to the State of
Kansas in the amount of $3,685,887.76. The motion seconded by Councilmember Kell carried
unanimously on roll call vote. (9-0-0)
APPROVAL of CONTRACT NO. 52490 a three-year labor agreement between the City
of Topeka and Teamsters Local No. 696, representing street maintenance employees, was
presented.
Tony Trower, Public Works Deputy Director, reported approval would provide the terms
and conditions of the employee-employer relationship as tentatively agreed to between
Management and the Union. He stated Staff was recommending approval.
Councilmember Dobler moved to approve the labor agreement. The motion seconded by
Councilmember Valdivia-Alcala carried unanimously on roll call vote. (9-0-0)
ORDINANCE NO. 20531 introduced by the Public Health and Safety Committee
comprised of Councilmembers Karen Hiller, Christina Valdivia-Alcala, David Banks and
Spencer Duncan, concerning pest elimination responsibilities set forth in the 2012 International
Property Maintenance Code, amending 8.60.170 of the Topeka Municipal Code and repealing
the original section, was presented. (The Public Health and Safety Committee recommended
approval on October 23, 2024.)
Councilmember Hiller reported approval would amend the Topeka Municipal Code
concerning pest elimination responsibilities by adding language to clarify the landlord as well as
the tenant has the responsibility when more than one unit in a multi-family property was
affected.
Councilmember Valdivia-Alcala asked the Governing Body to approve the ordinance as
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it supports the City’s Changing Our Culture of Property Maintenance initiative.
Councilmember Hiller moved to adopt the ordinance. The motion seconded by
Councilmember Valdivia-Alcala carried. The Mayor did not vote. (The proposed ordinance
involves a matter of home rule on which the Mayor has veto authority.)
The ordinance was adopted on roll call vote as follows: Ayes: Valdivia-Alcala, Banks,
Kell, Miller, Dobler, Duncan, Hoferer -7. Noes: Hiller -1.
DISCUSSION of design options for the SW Huntoon Street Design Project from Gage
Boulevard to Harrison Street, was presented.
Sandra Lassiter spoke in support of a safe design option for the street. She thanked
Tennessee Town NIA members for staying involved in street design processes. She distributed a
handout regarding sponsorship of the International Academy.
Jeff Lolley, Bartlett & West Engineers Project Manager, stated the City of Topeka and
the Bartlett & West Engineering project team was seeking direction from the Governing Body on
which of the following three design options for the SW Huntoon Street Project:
• Option No. 1: Street Maintenance Only. This option includes utility repair and
replacement, and 'as-is' sidewalk and street repair and replacement. This option does
not include any complete street elements (no bike lanes or shared use paths, and no
lighting, landscaping, or driveway improvements).
• Option No. 2: Full Design with a single-lane configuration plus Complete Streets
elements. This design offers three sub-options including (1) One driving lane + bike
lane; (2) One driving lane + bike lane + on-street parking; and (3) One driving lane +
on-street parking. This option would include lighting, landscaping and driveway
improvements.
• Option No. 3: Full Design with a two-lane configuration + Complete Streets elements
with no bike lane and/or street parking that could be utilized for Huntoon Street. This
option includes lighting, landscaping, and driveway improvements.
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He provided an overview of the Public Involvement Meetings held June 20, 2024, July 23, 2024,
and September 9, 2024. He stated the results of the survey were discussed at the September 9,
2024, meeting and were as follows and they were recommending Option No. 2:
• 3% of respondents voted for Option No. 3. Street Maintenance Only. (No Complete
Streets Elements). Estimated $7 to $9 million for construction in 2024.
• 77% of respondents voted for Option No. 2. Full Design with Single-Lane Road and
Complete Streets Elements. Estimated $13.3 million for construction in 2024 and
$14.9 million for construction in 2027.
• 20% of respondents voted for Option No. 3. Full Design with Two-Lane Road and
Complete Streets Elements. Estimated $12.7 million for construction in 2024.
Estimated $14.2 million for construction in 2027.
Councilmember Kell spoke in support of Option No. 2. He questioned if the design was
studied during rainy conditions and if it would address storm water issues. He also inquired on
the design plan for trees and vegetation.
Braxton Copley, Assistant City Manager, stated the report covers a high-level design
concept and storm water issues would be addressed as needed. He said they would be flexible in
the design and needs of trees and vegetation.
Councilmember Ortiz entered the room.
Councilmember Hoferer expressed concern with the proposed concept and how it will
impact homeowners as it relates to responsibilities such as snow removal. She stated she
understands the need for an upgrade to the water line. She spoke in opposition of the “bump out”
parking concept and the close proximity of the shared 10-foot use path. She requested an option
that would offer a compromise and address her concerns.
Councilmember Ortiz expressed concern with residents understanding what they are
responsible for as it relates to the proposed design and maintenance of trees.
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Councilmember Hiller thanked Mr. Lolley for providing a detailed presentation. She
stated she supports the Complete Streets Concept; however, she was unsure about reducing the
street from two-lanes to one-lane.
Mayor Padilla thanked Staff and Bartlett & West for the detailed report and engaging the
residents in the design process.
DISCUSSION regarding the 2025 City of Topeka Legislative Agenda, was
presented. (The Policy and Finance Committee recommended approval on October 22, 2024.)
Steve Vogel referenced the Housing Priority and spoke in opposition of infringing on
personal property rights as it relates to compliant driven code compliance issues and housing.
Councilmember Duncan, Policy and Finance Committee Chair, reported the Committee
recommended approval of the proposed resolution and highlighted the new items being proposed
as follows:
• Property Tax Valuation: City of Topeka has a vested interest in an equitable and
sustainable valuation system to include using a rolling average system.
• Revenue Neutral Process: The State of Kansas should be transparent and abide by the
same limitations, restrictions, and requirements which includes taking a vote to exceed
the revenue neutral rate. Ask the State to work together on innovative approaches to
reduce property taxes.
• Sales Tax: The City of Topeka to have voter approved local sales taxes without
interference from the county and continue to be able to determine voter-approved local
sales tax allocations.
• Firefighter Helmet Cameras: Support the ability of local governments to determine when
and how helmet cameras and drone audio/visual recordings will be used.
• Law Enforcement Officer Age Requirement: Allow individuals to enter the law
enforcement academy if the individual will meet the current minimum age of 21 when the
individual graduates from the academy.
• Metropolitan Topeka Airport Authority (MTAA): Supports legislative to receive a
budgetary appropriation for expansion into the field of aircraft maintenance, repair and
overhaul (MRO).
• CROWN Act: Supports the State to pass Creating a Respectful and Open World for
Natural Hair Act.
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• Housing: Giving support for legislation allowing cities to require mandatory inspection
for landlords plus giving cities additional tools to deal with vacant and abandoned
housing.
• Local Government Employment Grants: Supports legislation to create programs that
incentive individuals in hard to fill professions.
Councilmember Valdivia-Alcala thanked the Committee for proposing priorities that are
on point for the City. She spoke to the importance of collaborating with the Shawnee County
Delegation to address the priorities that are vital to the City of Topeka to thrive and making sure
the City of Topeka was being heard at the state level.
Whitney Damron, City of Topeka Lobbyist, reported the Shawnee County Delegation
Chair remains actively involved in the interests of municipalities.
Amanda Stanley, City Attorney, stated they spend a significant amount of time in
presession meetings with all delegates as well as continued communication through the
legislative session.
Councilmember Valdivia-Alcala referenced the proposed legislative agenda and noted
these types of issues are happening to all municipalities across the state of Kansas. She spoke of
the importance of making sure the voice of Topeka was being heard.
Whitney Damron noted that the resolution being proposed includes 5 of the 7 priorities of
the League of Kansas Municipalities.
Councilmember Hiller referenced the unfunded mandates of the Polk-Quincy Viaduct and
the removal of Lead Pipe Waterlines and hoped these will be included on the Legislative Agenda.
She spoke to the importance of Property Tax evaluations and suggested there be an option of
payment in leu of taxes for vacant buildings. She questioned the need for the Housing Inspection
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priority and referenced Federal programs assigned to conduct annual inspections, and how it
relates to the City’s ability to enter homes and inspect if a problem was observed.
Councilmember Valdivia-Alcala pointed out that many multi-family dwellings have
fallen between the cracks due to Federal programs failing to sufficiently conduct inspections.
City Attorney Stanley reported Federal agencies do not have the resources or time for the
inspections, and without a change in the law, the City does not have the authority to conduct
mandatory and/or necessary inspections.
PUBLIC COMMENT was provided by the following individual:
Chance Larimar thanked Governing Body members for serving their constituents. He
spoke in support of hiring Major Russell Klumpp as the next Topeka Police Chief.
ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF
THE COUNCIL;
Councilmember Hoferer recognized recent Topeka Police Academy graduates.
Councilmember Hiller recognized Mayor Padilla for his participation in the 2024 State of
Community Address. She questioned if the Police Department could create and distribute a list
of places that provides headlights for bicyclists.
Councilmember Ortiz thanked veterans and active duty military for their service.
Councilmember Kell recognized the 249th Birthday of the United States Marine Corps.
He thanked Hotel Topeka for hosting recent events for hotel customers and area residents and
noted, it was a great way to generate revenue for the Hotel.
Mayor Padilla announced the Governing Body was seeking five civically minded
individuals who shall be as representative of the City as possible to serve on the Citizen
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Government Review Committee. This Committee would be tasked with studying and reviewing
the City of Topeka’s form of government and making recommendations to the Governing Body
for amendments and modifications. The Mayor’s Office will be accepting applications for the
Committee until Monday, December 2, 2024. Required qualifications, the person must be a
registered voter that resides within city limits; and be available between January and June of
2025 for a substantial time commitment to meet and complete the required report to the
Governing Body. In addition to the qualifications, it is preferred that applicants have a basic
understanding of the City’s current form of government; demonstrate the ability to be impartial
and objective; possess sound communication and listening skills as well as lead and function
well in a group. Applicants can apply online at www.topeka.org/mayor/boards-commissions;
call the Mayor’s office at 785-368-3895; or email the Mayor’s Office at mayor@topeka.org. He
stated if the Mayor’s Office receives sufficient applications by the December 2, 2024, deadline
five appointments will be considered for approval by the Governing Body on December 10,
2024; and the resolution convening the Committee will be considered for approval by the
Governing Body on December 17, 2024.
Following a 10-minutes recess, Councilmember Dobler moved to recess into executive
session for a time not to exceed 1-hour to discuss personnel matters involving an individual
employee as allowed under KSA 75-4319(b)(1). The open meeting will resume in the City
Council Chambers. The following individuals will be necessary to aid the Governing Body in its
discussion, City Manager Dr. Robert M. Perez and anyone else he deems necessary. The motion
was seconded by Councilmember Kell.
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Mayor Padilla asked all those in favor of recessing into executive session to indicate so
by verbally saying “yea” and those opposing to indicate so verbally by saying “no.” The motion
carried unanimously on voice vote. (10-0-0)
At the conclusion of the executive session, the meeting reconvened into open session and
Mayor Padilla announced no action was taken during the executive session.
Councilmember Ortiz moved to extend the meeting past 10:00 p.m. The motion was
seconded by Councilmember Duncan.
Mayor Padilla asked all those in favor of extending the meeting past 10:00 p.m. to
indicate so by verbally saying “yea” and those opposing to indicate so verbally by saying “no.”
The motion carried unanimously on voice vote. (10-0-0)
Councilmember Duncan moved to recess into executive session for a time not to exceed
45 minutes to discuss applicants for the Chief of Police as allowed under KSA 74-319(b)(1). The
open meeting will resume in the City Council Chambers. The following individuals will be
necessary to aid the Governing Body in its discussion, City Manager Dr. Robert M. Perez and
anyone else he deems necessary. The motion was seconded by Councilmember Dobler.
Mayor Padilla asked all those in favor of recessing into executive session to indicate so
by verbally saying “yea” and those opposing to indicate so verbally by saying “no.” The motion
carried on voice vote. Councilmember Ortiz voted “no.” (9-1-0)
At the conclusion of the executive session, the meeting reconvened into open session and
Mayor Padilla announced no action was taken during the executive session.
NO FURTHER BUSINESS appearing the meeting adjourned at 10:14 p.m.
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(SEAL)
Brenda Younger City Clerk
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Agenda
City Council Chambers 214 SE 8th
Street, 2nd Floor Topeka KS 66603
https://www.topeka.org
Governing Body Agenda
November 12, 2024
6:00 PM
Mayor: Michael A. Padilla
Councilmembers
Karen A. Hiller District No. 1 Marcus D.L. Miller District No. 6
Christina Valdivia-Alcala District No. 2 Neil Dobler District No. 7
Sylvia E. Ortiz District No. 3 Spencer Duncan District No. 8
David Banks District No. 4 Michelle Hoferer District No. 9
Brett D. Kell District No. 5
City Manager: Dr. Robert M. Perez
Addressing the Governing Body: Public comment for the meeting will be available via Zoom or in-person. Individuals
must contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org by no later than 5:00 p.m. on the
date of the meeting, after which the City Clerk's Office will provide Zoom link information and protocols prior to the
meeting. View the meeting online at https://www.topeka.org/communications/live-stream/ or at
https://www.facebook.com/cityoftopeka/.
Written public comment may also be considered to the extent it is personally submitted at the meeting or to the City
Clerk's Office located at 215 SE 7th Street, Room 012B, Topeka, Kansas, 66603 or via email at cclerk@topeka.org on or
before the date of the meeting for attachment to the meeting minutes.
If you need any accommodations for the meeting, please contact the City ADA Coordinator at 785-368-4470. Kansas
Relay Service at 800-766-3777. Please provide a 48 Hour Notice if possible. Assistive listening devices are available for
use in the community forum.
Agendas are available by 5:00 p.m. on Thursday in the City Clerk's Office, 215 SE 7th Street, Room 012B, Topeka,
Kansas, 66603 or on the City's website at https://www.topeka.org.
CALL TO ORDER:
INVOCATION:
PLEDGE OF ALLEGIANCE:
1. ROLL CALL:
2. APPOINTMENTS:
A. Board Appointment - Topeka Board of Zoning Appeals
BOARD APPOINTMENT recommending the reappointment of Carole Jordan to the Topeka
Board of Zoning Appeals to fill a term ending December 1, 2027. (Council District No. 1)
B. Board Appointment - Board of Plumbing Appeals
BOARD APPOINTMENT recommending the reappointment of Doug Snook to the Board of
Plumbing Examiners for a term ending December 31, 2026. (Council District No. 7)
C. Board Appointment - Board of Building and Fire Appeals
BOARD APPOINTMENT recommending the appointment of Toby Taggart to the Board of
Building and Fire Appeals for a term ending September 6, 2026. (Outside City Limits)
3. PRESENTATIONS:
City of Topeka Fire Medical Transport Analysis Report
4. CONSENT AGENDA:
A. Professional Engineering Contract Amendment - Recreation Engineering & Planning - Kansas
Weir Project Project 281255.04
APPROVAL of a Utilities Engineering Contract Amendment between the City of Topeka and
Recreation Engineering & Planning, in an amount not to exceed $89,800 for engineering
services.
(Approval will authorize the City Manager to sign and execute the contract amendment to advance
the preliminary design to detailed design, conduct floodplain impact analysis, and develop select
permit application documents to support the Kansas River Weir Improvements Project 281255.04.)
B. Professional Engineering Contract - Bartlett and West, Inc. - Hydraulic Water Model Upgrades
281245.18
APPROVAL of a Utilities Engineering Contract between the City of Topeka and
Bartlett and West, Inc., in an amount not to exceed $175,000 for engineering services.
(Approval will authorize the City Manager to sign and execute the contract to provide for hydraulic
water modeling upgrades to the GIS integrated water distribution system project 281245.18.)
C. MINUTES of the regular meeting of October 15, 2024
D. APPLICATIONS:
5. ACTION ITEMS:
A. Resolution - Amending the 2025-2034 CIP and 2025-2027 CIB - Lead Service Line Replacement
Project No. 281361
RESOLUTION introduced by the Public Infrastructure Committee comprised of
Councilmembers Sylvia Ortiz, David Banks and Neil Dobler, amending the 2025-2034 Capital
Improvement Plan (CIP) and 2025-2027 Capital Improvement Budget (CIB) to include Project
No. 281361. (The Public Infrastructure Committee recommended approval on October 15, 2024.)
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval would amend the CIP/CIB to add the project and authorize the total project budget in
the amount of $74,280,000.)
B. Public Hearing and Resolution - State Revolving Fund Loan for costs related to inventorying
or replacing lead service lines
PUBLIC HEARING concerning a proposed loan in an amount not to exceed $74,280,000 to be
taken by the City of Topeka from the Kansas Public Water Supply Loan Fund administered by
Kansas Department of Health and Environment (KDHE) pursuant to KSA 65-163c et seq.
RESOLUTION introduced by City Manager Dr. Robert M. Perez, authorizing the filing of
an application to the Kansas Department of Health and Environment regarding a loan from the
Kansas Public Water Supply Loan Fund.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval would authorize City staff to proceed with the preparation and execution of a loan
agreement with KDHE for the purposes of permanently financed costs related to inventorying or
replacing lead service lines.)
C. Kansas Department Of Transportation (KDOT) Real Estate Conveyance - City Fleet Garage
CONVEYANCE of real estate to the State of Kansas for $3,685,887.76.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval would convey the current light duty fleet garage located 210 SE 4th Street, adjacent to the
Law Enforcement Center to the State of Kansas.)
D. Labor Agreement - Teamsters Local No. 696
APPROVAL of a three-year labor agreement between the City of Topeka and
Teamsters Local No. 696, representing street maintenance employees.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval will provide the terms and conditions of the employee-employer relationship as tentatively
agreed to between Management and the Union and authorize the City Manager to execute the
agreement effective January 2025 through December 2027.)
E. Ordinance - Pest Elimination Amendments
ORDINANCE introduced by the Public Health and Safety Committee comprised of
Councilmembers Hiller, Valdivia-Alcala, Banks and Duncan, concerning pest elimination
responsibilities set forth in the 2012 International Property Maintenance Code, amending
8.60.170 of the Topeka Municipal Code and repealing the original section. (The Public Health
and Safety Committee recommended approval on October 23, 2024.)
Voting Requirement: Action requires at least five (5) votes of the City Council. Mayor does not
vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority.
(Approval would amend the TMC concerning pest elimination responsibilities by adding language
that clarifies the landlord as well as the tenant has responsibility when more than one unit in a
multifamily property is affected.)
6. NON-ACTION ITEMS:
A. Discussion - SW Huntoon Street Reconstruction Project Design
DISCUSSION of design options for the SW Huntoon Street, Street Design Project from Gage
Boulevard to Harrison Street.
(Staff is seeking direction from the Governing Body on which design option to choose for the SW
Huntoon Street Improvement Project.)
B. Discussion - 2025 Legislative Agenda
DISCUSSION regarding the 2025 City of Topeka Legislative Agenda. (The Policy and
Finance Committee recommended approval on October 22, 2024.)
(Proposed priorities relate to Finance and Taxation, Public Safety Welfare, Community and
Economic Development.)
7. PUBLIC COMMENT:
Public comment for the meeting will be available via Zoom or in-person.
Individuals must contact the City Clerk's Office at 785-368-3940 or via email at
cclerk@topeka.org by no later than 5:00 p.m. on the date of the meeting, after
which the City Clerk's Office will provide Zoom link information and protocols
prior to the meeting. Written public comment may also be considered to the
extent it is personally submitted at the meeting or to the City Clerk's Office
located at 215 SE 7th Street, Room 012B, Topeka, Kansas, 66603 or via email at
cclerk@topeka.org on or before the date of the meeting for attachment to the
meeting minutes. View the meeting online at
https://www.topeka.org/communications/live-stream/ or at
https://www.facebook.com/cityoftopeka/.
8. ANNOUNCEMENTS:
9. EXECUTIVE SESSION:
Executive Sessions are closed meetings held in accordance with the provisions of the Kansas
Open Meetings Act.
(Executive sessions will be scheduled as needed and may include topics such as personnel
matters, considerations of acquisition of property for public purposes, potential or pending litigation
in which the city has an interest, employer-employee negotiations and any other matter provided for
in K.S.A. 75-4319.)
10. ADJOURNMENT:
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
November 12, 2024
DATE: November 12, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Carole Jordan Board of PROJECT #:
Zoning Appeals
Appointment
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
BOARD APPOINTMENT recommending the reappointment of Carole Jordan to the Topeka Board of
Zoning Appeals to fill a term ending December 1, 2027. (Council District No. 1)
VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. Mayor does not vote.
POLICY ISSUE:
The board of zoning appeals shall administer the details of appeals from or other matters referred to it regarding
the application of the zoning regulations in accordance with the general rules set forth in the Topeka Municipal
Code.
STAFF RECOMMENDATION:
Councilmember Hiller nominates and Mayor Padilla recommends the reappointment of Carole Jordan for a three-
year term ending December 1, 2027.
BACKGROUND:
This is a City-created board requiring the Council nominate and the Mayor appoint. If no Council nominations
are received the Mayor may appoint. The Board of Zoning Appeals shall consist of seven members appointed by
the Mayor. None of the members shall hold any other public office by the City except two members may be
members of the Topeka Planning Commission. The appointees shall reside inside the corporate area of the city of
Topeka. Members shall be appointed for terms of three years each. Ms. Jordan does not hold a public office for
the City and she resides within the corporate area of the city as required.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
C, Jordan - Application
City of Topeka Boards and Commissions
Application
Submitted on 12 September 2024, 9:07AM
Receipt number 270
Related form version 8
Profile
First Name Carole
Last Name Jordan
Email Address carolejordan53@yahoo.com
Street Address 134 Southwest Broadmoor Avenue
Suite or Apt 134 SW Broadmoor Ave
City Topeka
State Kansas
Zip 66606-1257
Are you a resident of the City of Topeka? Yes
What district do you live in? District 1
Primary Phone 7854099982
Alternate Phone 7853544933
Employer retired
Job Title
Which Board would you like to apply for? Board of Zoning Appeals
Are you a registered voter? Yes
Are you currently a full or part-time employee of the City of No
Topeka?
Which department do you work for?
1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?
Who are you related to and how are you related?
Are you or have you been a party to any civil litigation No
involving the City of Topeka?
Please explain the litigation and your role in it:
Are you delinquent in payment of any taxes, fees, fines, or No
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?
Please explain your delinquent payment situation.
Please state why you are interested in serving on this board or This would be my third term. Although it doesn't meet often, it is an
commission: important venue for citizens to appeal decisions they feel strongly about.
Interests & Experiences
Please describe your education, experience, and expertise I served two terms on the planning commission. I have a masters in
including any honors, awards, civic, cultural, charitable or public administration, am a past president of the league of women voters
professional organization memberships that relate to the and volunteered with Heartland Visioning, Kansas Leadership Center,
position you are seeking. NOTO and other groups. In my last job I managed Kansas' CDBG grants
to rural communities.
List any professional licenses you hold in Kansas and advise if NA
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)
**Please upload a resume or any additional information you caroleresume2024.docx
believe may be helpful in considering your application.
Voluntary Self Identification
Ethnicity Caucasian/Non-Hispanic
Gender Female
Acknowledgements and Verification
Purpose of Information being submitted. I Agree
The information I am submitting is true and correct. I Agree
Your electronic signature
Link to signature
2 of 3
Alternative electronic signature Carole Jordan
Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
attach are public records and, as such, are available to the public, upon
request, pursuant to the Kansas Open Records Act.
If you are appointed to the position, your application and resume will be
included in the governing body meeting agenda which is posted online.
3 of 3
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
November 12, 2024
DATE: November 12, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Doug Snook Board of PROJECT #:
Plumbing Appeals
Appointment
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
BOARD APPOINTMENT recommending the reappointment of Doug Snook to the Board of Plumbing
Examiners for a term ending December 31, 2026. (Council District No. 7)
VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. Mayor does not vote.
POLICY ISSUE:
The Board of Plumbing Examiners reviews applications and approves the issuance of licenses in accordance
with City Code. The board is empowered to hear and determine interpretations of applicable codes and to permit
exceptions, variances or waivers.
STAFF RECOMMENDATION:
Councilmember Dobler nominates and Mayor Padilla recommends the appointment of Doug Snook to the Board
of Plumbing to an expired term ending December 31, 2026. This position may be filled by a licensed master
plumber and must live within the city. Mr. Snook meets these requirements.
BACKGROUND:
This is a City-created board where the City Council nominates and the Mayor appoints. The board shall be
comprised of five members; two licensed master plumbers, one engineer or equivalent practicing in the particular
trade, and two persons who shall be a licensed journeyman, licensed master, or an engineer practicing in the
particular trade. Members shall be appointed by the mayor and serve two-year terms.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
D. Snook - Application
City of Topeka Boards and Commissions
Application
Submitted on 24 September 2024, 9:24AM
Receipt number 272
Related form version 8
Profile
First Name Douglas
Last Name Snook
Email Address doug@pcikansas.com
Street Address 4125 SW Misty Harbor Ave
Suite or Apt
City Topeka
State Kansas
Zip 66610
Are you a resident of the City of Topeka? Yes
What district do you live in? District 7
Primary Phone 785-845-6701
Alternate Phone
Employer Piping Contractor
Job Title Plumbing Foreman
Which Board would you like to apply for? Board of Plumbing Appeals
Are you a registered voter? Yes
Are you currently a full or part-time employee of the City of No
Topeka?
Which department do you work for?
1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?
Who are you related to and how are you related?
Are you or have you been a party to any civil litigation No
involving the City of Topeka?
Please explain the litigation and your role in it:
Are you delinquent in payment of any taxes, fees, fines, or No
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?
Please explain your delinquent payment situation.
Please state why you are interested in serving on this board or Renewing my term
commission:
Interests & Experiences
Please describe your education, experience, and expertise
including any honors, awards, civic, cultural, charitable or Board of Plumbing Appeals Member
professional organization memberships that relate to the
position you are seeking.
List any professional licenses you hold in Kansas and advise if Master Plumber
they are current. (We reserve the right to request a copy of Backflow Certified
your license prior to approval of your appointment.)
**Please upload a resume or any additional information you
believe may be helpful in considering your application.
Voluntary Self Identification
Ethnicity Caucasian/Non-Hispanic
Gender Male
Acknowledgements and Verification
Purpose of Information being submitted. I Agree
The information I am submitting is true and correct. I Agree
Your electronic signature
Link to signature
2 of 3
Alternative electronic signature
Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
attach are public records and, as such, are available to the public, upon
request, pursuant to the Kansas Open Records Act.
If you are appointed to the position, your application and resume will be
included in the governing body meeting agenda which is posted online.
3 of 3
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
November 12, 2024
DATE: November 12, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Toby Taggart Board of PROJECT #:
Building and Fire
Appeals Appointment
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
BOARD APPOINTMENT recommending the appointment of Toby Taggart to the Board of Building and
Fire Appeals for a term ending September 6, 2026. (Outside City Limits)
VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. Mayor does not vote.
POLICY ISSUE:
The City of Topeka Board of Building and Fire Appeals (BBFA) is responsible for reviewing and deciding on
appeals relative to the application and interpretation of the currently adopted commercial and residential building
and fire codes utilized within the Topeka jurisdiction. The BBFA has authority to hear and decide upon proposed
alternatives, equivalencies and performance measures that may not be specifically prescribed by these codes. To
be approved, any proposal must comply with the intent of the provisions of these codes. The BBFA does not have
the authority to waive the requirements of these codes.
STAFF RECOMMENDATION:
Councilmember Hiller nominates and Mayor Padilla recommends the appointment of Toby Taggart to the Board of
Building and Fire Appeals for a two-year term that will end September 6, 2026.
BACKGROUND:
This is a City-created board where the City Council nominates and the Mayor appoints. If no nominations
are received, the Mayor may appoint.
The board shall be comprised of seven members who shall be currently licensed or engaged in or have
substantial past experience in the following fields or professions: licensed professional engineer, licensed
architect, licensed commercial contractor, or other experienced professional working in a field related to building
construction. The board shall always consist of at least two engineers, two architects, and one contractor. A board
member who is otherwise qualified but does not reside in the City may be appointed if the candidate resides in
Shawnee County and is employed or operates a business within the City and will serve a two-year term.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
T. Taggart - Application
City of Topeka Boards and Commissions
Application
Submitted on 8 October 2024, 10:26AM
Receipt number 278
Related form version 8
Profile
First Name Toby
Last Name Taggart
Email Address toby.taggart@certusse.com
Street Address 9530 SE ADAMS ST
Suite or Apt
City Wakarusa
State Kansas
Zip 66546
Are you a resident of the City of Topeka? No
What district do you live in? Other/Outside City Limits
Primary Phone 7852910400
Alternate Phone 7852174861
Employer Certus Structural Engineers
Job Title Principal
Which Board would you like to apply for? Board of Building and Fire Appeals
Are you a registered voter? Yes
Are you currently a full or part-time employee of the City of No
Topeka?
Which department do you work for?
1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?
Who are you related to and how are you related?
Are you or have you been a party to any civil litigation No
involving the City of Topeka?
Please explain the litigation and your role in it:
Are you delinquent in payment of any taxes, fees, fines, or No
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?
Please explain your delinquent payment situation.
Please state why you are interested in serving on this board or I would like to offer my expertise in structural engineering to help make
commission: decisions regarding interpretation and variances of the building code that
may affect the safety the citizens of Topeka.
Interests & Experiences
Please describe your education, experience, and expertise BS - Civil Engineering - Kansas State University
including any honors, awards, civic, cultural, charitable or Secondary Major - Natural Resources & Environmental Science -
professional organization memberships that relate to the Kansas State University
position you are seeking. Employed as licensed Structural Engineering Consultant for over
20years
Currently serving as Advisor for BSA Aviation Explorer Post 8
American Society of Civil Engineers (member)
Kansas Society of Professional Engineers (member)
List any professional licenses you hold in Kansas and advise if Professional Engineer 16809 (current)
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)
**Please upload a resume or any additional information you
believe may be helpful in considering your application.
Voluntary Self Identification
Ethnicity Caucasian/Non-Hispanic
Gender Male
Acknowledgements and Verification
Purpose of Information being submitted. I Agree
The information I am submitting is true and correct. I Agree
Your electronic signature
Alternative electronic signature Toby R Taggart
2 of 3
Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
attach are public records and, as such, are available to the public, upon
request, pursuant to the Kansas Open Records Act.
If you are appointed to the position, your application and resume will be
included in the governing body meeting agenda which is posted online.
3 of 3
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
November 12, 2024
DATE: November 12, 2024
CONTACT PERSON: Isabel Ebersole, Tom DOCUMENT #:
Jenkins and Jeremy
Wade, Wichita State
University
SECOND PARTY/SUBJECT: City of Topeka Fire PROJECT #:
Medical Transport
Analysis Report
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
City of Topeka Fire Medical Transport Analysis Report
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
BUDGETARY IMPACT:
SOURCE OF FUNDING:
ATTACHMENTS:
Description
Topeka Fire Department - Presentation
Topeka Fire Department - Continued Support Final Report
Continued Support: Fire
Medical
Title SlideTransport Analysis
Subhead
City of Topeka | City Council | November 12, 2024
Background, Purpose, and
Process
2
Previous Work | 2022 Review & Assessment
Provided information on
Identified potential service
department structure, best
enhancements, specific
practices, and innovative
emphasis on EMS
community examples
Conducted data analysis
Developed 12
and stakeholder
recommendations
engagement
3
1. What is an appropriate level of
EMS service delivery to the
community from the TFD?
2. What recommendations should
be implemented to achieve this
service level over a reasonable
timeframe?
4
Process
Leadership Data Requests Engagement
Team
• Topeka Fire • Lessons learned • City Council
• City • New AMR/GMR members
• Ambulance Provider report established • County Chief’s
• Rural fire departments • Summary data Association
• Local hospitals provided
• Medical Director
• Community members
5
No Perfect Solution
Ultimate Goal: The closest and
most appropriate emergency
resources meet industry standards
for response time when a time
sensitive emergency occurs
6
Complications
Intergovernmental service area of the ambulance provider
Dissimilar organizations providing the service
The tiered response system
9-1-1 call management capabilities
Limited resources for expansion and innovation
7
Recommendations
8
Three Focus Areas
Interagency
Leadership & Coordination Response &
Accountability & Deployment
Cooperation
9
Leadership & Accountability
a. Establish a Collaborative Contract
representing Shawnee County and the City
of Topeka with AMR/GMR
i. Require a minimum of 5 advance life support
ambulances inside the city limits
ii. Embrace incremental implementation of
systems and methods as recommended
10
Leadership & Accountability
b. Assemble an EMS Advisory Board to serve as an intentional point of
connection and provide a collaborative framework
Duties: Recommended stakeholder groups for representation:
• Collective contract management 1. Shawnee County
• Resolve emergency healthcare needs 2. City of Topeka
• Analyze data from AMR/GMR and TFD 3. Topeka Fire
• Research programs for implementation 4. County Fire Official
• Periodically evaluate the EMS delivery model 5. Local Healthcare Representative
6. Citizen-at-large
7. Contracted Ambulance Provider
8. Medical Director (Ex-Officio, Non-Voting)
11
Interagency Coordination & Cooperation
a. Resize the Geospatial Boundaries currently
used to measure performance
i. The city should require performance reporting
using geospatial boundaries that match fire
station first-due areas or city council districts.
This two-fold analysis would allow for more
precise problem-solving strategies for future
issues.
12
Interagency Coordination & Cooperation
b. Evaluate Emergency Communications at the Shawnee County 9-1-1-
Center to identify opportunities for enhanced call surveillance and
processing
c. Implement Public Engagement Apps to provide an enhanced level of
bystander intervention and help with interagency awareness &
coordination
13
Response & Deployment
a. Develop the TFD workforce by implementing a program of Emergency
Medical Technician – Advance & Paramedic Trainings for firefighters
• Attempt to train between 12 and 18
b. Develop the workforce of County Fire Departments by pursuing EMT-A
and Paramedic programs
c. Incrementally Move to Advance Life Support within existing TFD fire
companies at the approximate rate of one per year until every TFD
station has EMT-A/Paramedic level capability
14
Response & Deployment
d. Staff and Implement Fire Department Ambulances,
specifically three TFD ambulances available and in
service by the second quarter of 2027.
• These ambulances would support the existing EMS system
and only respond to high priority medical call types and
specific incidents associated with the fire department
i. These should be initially staffed as EMT-Basic
level resources, with migration to EMT-
Paramedic level resources by the fourth
quarter of 2028
15
Chief T.C. Jenkins, PPMC Project Associate
Title Slide Chief Jeremy Wade, PPMC Project Associate
Isabel Ebersole, Research Project Manager
Subhead
www.Wichita.edu/PPMC
Tom Jenkins, Project Associate/Technical Expert
Jeremy Wade, Project Associate/Technical Expert
Isabel Ebersole, Research Project Manager
Lucas Jonker, Student Assistant
Continued Support: Fire Medical
Transport Analysis
City of Topeka | November 2024
Contents
Contents .......................................................................................................................... 2
Acknowledgments ........................................................................................................... 3
Disclaimer ....................................................................................................................... 3
Introduction ..................................................................................................................... 4
Background ................................................................................................................. 4
Purpose ....................................................................................................................... 5
Process........................................................................................................................ 5
Challenge Summation ................................................................................................. 7
Recommendations .......................................................................................................... 8
EMS Service Level Evaluation ...................................................................................... 12
EMS System Surveys ................................................................................................ 13
City of Topeka – Contractual Ambulance Provider .................................................... 18
Stakeholder Engagement .............................................................................................. 21
City Council ............................................................................................................... 21
Familiarity with the Subject .................................................................................... 22
Quantitative Understanding of Performance .......................................................... 22
Geographic Representation ................................................................................... 22
Long-Term Planning and Collaboration.................................................................. 23
County Fire Chiefs Association .................................................................................. 23
Conclusion .................................................................................................................... 25
Appendix ....................................................................................................................... 26
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 2
Acknowledgments
The Public Policy and Management Center (PPMC) would like to thank the members of
the Leadership Team who assisted with input into this report, especially:
• Randall Phillips, City of Topeka, Fire Chief
• Antony Standifer, City of Topeka, Deputy Fire Chief
• Jon Antrim, Global Medical Response (GMR), Regional Director
• Charles Huber, American Medical Response (AMR), Operations Manager
• Kevin Flory, Shawnee Heights Fire District, Fire Chief
• Keith Warta, Community Member
Additional thanks to the City Council members who had input into this report:
• Neil Dobler, Council District 7
• Spencer Duncan, Council District 8
• Karen Hiller, Council District 1
• Michelle Hoferer, Council District 9
• Marcus Miller, Council District 6
• Christina Valdivia-Alcalá, Council District 2
Disclaimer
This study was conducted by the PPMC at Wichita State University. The PPMC is an
independent research body unaffiliated with the City of Topeka. This report was
prepared by the research team and data collected from external sources. PPMC’s
findings are based on assumption of data accuracy received from internal and external
sources. The findings represent the findings, views, opinions, and conclusions of the
research team using input and information from various internal stakeholders. The
report does not express the official or unofficial policy of Wichita State University.
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 3
Introduction
Background
In 2022, the PPMC began work to understand and improve emergency medical
response within the Topeka Fire Department (TFD). This included a review and
assessment of the (TFD) with specific emphasis given to emergency medical services
(EMS) and potential service enhancements that complimented all elements of an all-
hazard response. The PPMC provided information on the department’s current
structure, best practices, and innovative community examples. The PPMC also
conducted data analysis and stakeholder engagement. This work culminated in twelve
recommendations (See Appendix). The nature of the emergency medical system in
Topeka, specifically the interaction among the city, county, contractual ambulance
provider and area fire departments left other items for consideration. Questions
remained about what other recommendations might help transform the current system
into one better suited for the needs of the city and surrounding areas. The City Council
requested the PPMC provide continued support through a second analysis contained
within this report.
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 4
Purpose
The purpose of this project was intentionally broad and targeted at the TFD and its
emergency medical service delivery model. PPMC developed two overarching research
questions:
1. What is an appropriate level of EMS service delivery to the community from the
TFD?
2. What recommendations should be implemented to achieve this service level over
a reasonable timeframe?
While the governing body or city officials did not provide a specific timeframe, PPMC
focused on recommendations attainable within the next five years throughout the
report's development.
Process
Starting in April 2024, the PPMC met regularly with a Leadership Team comprised of
representatives from TFD, the City, the contractual ambulance provider (AMR/GMR),
rural fire departments, local hospitals, and community members. The first focus of the
Team was to determine what data would be helpful for the project. While the scope of
the deliverable would be recommendations directly associated with the TFD,
understanding emergency medical call types, frequency, and location was necessary.
An official request for data under the City’s franchise agreement with AMR/GMR for
2022 to 2023 was made during the research phase of the project. The request included:
1. Distribution of emergency calls by time of day and day of week
2. Geospatial distribution of calls
3. Information on provider impression or call type (chest pains, falls, motor vehicle
collisions, etc.)
4. Any information on performance relating to cardiac arrest
5. Any information regarding percentage transports by destination
6. Summary information on the number of ambulances and capability (ALS or BLS)
for each day
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 5
Through communication with AMR/GMR representatives, the Team learned their data
systems did not geographically track Topeka-specific, since the contract evaluates
compliance based on county-wide zones that do not follow city limit boundaries. Most of
the city is in an AMR/GMR geographic area referred to as “Zone 1”, with some portions
in “Zone 2”. AMR/GMR worked swiftly to establish a new capability to collect information
in a city-specific boundary. The report was available starting on June 1, 2024, but was
unable to be utilized retroactively for the purposes of this work due to the small size of
the dataset.
AMR/GMR provided summary data due to concerns about Protected Health
Information. Data shared included:
Total calls for service
o Advanced Life Support (ALS) and Basic Life Support (BLS)
o Emergency and non-emergency
Calls meeting contractual response time requirements
Calls not meeting contractual response time requirements
o Advanced Life Support (ALS) and Basic Life Support (BLS)
o Emergency and non-emergency
Annual total average response times
o Emergency and non-emergency
Average response times by month
Nurse navigation utilization
o Daily transaction breakout (April 2023 through June 2024)
o EMS override breakout (September 2023 through June 2024)
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 6
Concurrent with the data request and research, the Team interviewed elected City
Council members to better understand their experience with the EMS system and
pertinent feedback from their constituents. Additionally, the PPMC also met with the
County Chief’s Association to gain insight of their similar, but unique, perspective on the
county-wide EMS system. Information from these meetings is outlined later in this report
in the section Stakeholder Engagement.
Challenge Summation
Through the regular leadership meetings, data analysis, and stakeholder engagement,
the Team surmised there is no perfect solution for blending the capability of the TFD
with the contractual ambulance provider. Many cities of similar size struggle with the
same variables and questions that are encountered within Shawnee County and the
City of Topeka. Fundamentally, the system works as designed when the closest and
most appropriate emergency resources meet industry standards for response time
when a time sensitive medical emergency occurs. Complicating this goal are the
intergovernmental service area of the ambulance provider, dissimilar organizations
providing the service, the tiered response system, 9-1-1 call management capabilities,
and limited resources for expansion and innovation.
The final recommendations, using information gathered throughout the process, were
designed, shaped, and informed by the Leadership Team and the PPMC into three
identified focus areas:
1. Leadership and Accountability
2. Interagency Coordination and Cooperation
3. Response and Deployment
While other recommendations and ideas for improvement could be discussed and
included, it was the intent of this report to identify actionable items that could provide
strategic progress and establish foundational measures for future system
enhancements and integrations. The recommendations contained in this report are
anticipated for implementation over the next five years.
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 7
Recommendations
The recommendations contained in this report exist as tangible results of a collaborative
effort for the purpose of the improvement of emergency medical performance,
capability, and capacity within the City of Topeka to best serve residents. While outside
the formal scope of this project, some of the recommendations are applicable to
Shawnee County and the fire departments that construct the tiered response system in
those areas. The process of recommendation development was iterative and involved
all stakeholders of the Leadership Team. In many cases, discussion and modification to
recommendations occurred to help create consensus. The following are the
recommendations:
1. Focus Area: Leadership and Accountability
a. Collaborative Contract: A collaborative contract representing both Shawnee
County and the City of Topeka should be established between those entities and
the contracted ambulance provider to address the needs and response
complexity of the ambulance service areas.
i. The contract should require a minimum of five (5) advanced life
support ambulances inside the city limits, as recommended in the
previous PPMC report, and supported by the regional analysis
conducted as part of this scope of work.
ii. The contract should embrace incremental implementation of systems
and methods to address community healthcare needs and non-
emergency medically related calls for service in evidence-based
strategies as recommended by the ambulance contractor and/or TFD.
b. EMS Advisory Board: While both the ambulance service and TFD serve to
provide key time-sensitive services to the community, they lack fundamental
connection and collaborative framework.
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 8
As part of the contract, an advisory board should collectively manage the
contract, and provide direction for emergency medical responses, to both
organizations. The EMS Advisory Board (EMSAB) should include single
representative parties appointed from the following stakeholder groups serving
terms in accordance with policies and procedures established by the board
subsequent to its formation:
1. Shawnee County
2. City of Topeka
3. Topeka Fire
4. County Fire Official
5. Local Healthcare Representative
6. Citizen-at-large
7. Contracted Ambulance Provider
8. Medical Director (Ex-Officio, Non-Voting)
The EMSAB should exist to resolve emergency healthcare needs, analyze data
presented from both the contractual ambulance provider and the TFD, research
programs for implementation and periodically evaluate the EMS delivery model of
the city/county.
2. Focus Area: Interagency Coordination and Cooperation
a. Resize Geospatial Boundaries: The geospatial boundaries currently used to
measure performance are too large to conduct analysis of performance at a
granular level (e.g., city council district, neighborhood, etc.).
i. The City, as part of Recommendation 1a, should require performance
from the ambulance contractor using geospatial boundaries that match fire
station first-due areas or city council districts. This two-fold analysis would
allow a more precise problem-solving strategy to future issues by
identifying specific areas of concern(s).
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 9
b. Evaluate Emergency Communication: The Shawnee County 9-1-1 Center should
be evaluated to identify efficiency and effectiveness opportunities that would
allow for enhanced call surveillance and processing as it relates to the fire
department’s emergency medical program.
c. Implement Public Engagement Apps: The City of Topeka should consider public
engagement apps, like PulsePoint, to provide an enhanced level of bystander
intervention and help with interagency awareness and coordination.
3. Focus Area: Response and Deployment
a. TFD Workforce Development: The Topeka Fire Department should implement a
program of Emergency Medical Technician – Advanced and Paramedic Training
for its firefighters. This program would provide for long-term staffing of advanced
life support apparatus. At a minimum, this program should attempt to train
between 12 and 18 firefighters each year. This, when allowing for normal public
safety organization attrition, should allow for long-term expansion of advanced
EMS service delivery by the TFD.
b. County Workforce Development: County Fire Departments should pursue EMT-A
and Paramedic programs to standardize EMS response for the contractor.
c. Move to Advanced Life Support: The department should incrementally convert
existing fire companies from Basic Life Support to Advanced Life Support (EMT-
A or Paramedic) at an approximate rate of one per year until every TFD station
has EMT-A/Paramedic level capability. This could be accomplished through one
company having this capability in two company firehouses.
d. Staff and Implement Fire Department Ambulances: The department should staff
and implement three (3) fire department ambulances to be available and in
service by the second quarter of 2027.
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 10
These ambulances, while operated as fire department assets, would support
the existing EMS system provided by the ambulance contractor and only respond
to high priority medical call types and specific incidents associated with the fire
department (structure fires, hazardous materials releases, etc.). These resources
would be available for dispatch by the contractor’s dispatch center and
supplement the overall ambulance ecosystem.
i. These fire department operated ambulances should be initially staffed as
EMT-Basic level resources, with migration to EMT-Paramedic level
resources by the fourth quarter of 2028.
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 11
EMS Service Level Evaluation
A perfect formula for the deployment
of ambulances across a community
does not exist. Instead, the issue is
complex and requires an
understanding of a multitude of
variables that impact emergency
medical response. These include:
● Community demographics
(population size, density,
poverty levels)
● Geographic area, occupancies
of high demand (e.g., skilled
nursing facilities)
● Response model
● Level of service (EMT-Basic,
EMT-Advanced, EMT-Paramedic)
To evaluate the deployment model for Topeka, the National Fire Protection Association
(NFPA) Standard 1710 Standard for the Organization and Deployment of Fire
Suppression Operations, Emergency Medical Operations, and Special Operations to the
Public by Career Fire Departments was utilized. Standard 1710 gives guidance on
response times for medical calls and the necessary number of emergency responders
necessary to operate such a model. This standard was utilized in previous consultant
reports done by Emergency Services Consulting International (ESCI) and the
International City Management Association (ICMA).
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 12
While this standard does specify response time expectations and staffing requirements,
it does not directly contribute to determining how many ambulances might be necessary
to protect Topeka, or what level of service the TFD should provide in a system in which
the ambulances are operated by a third-party. This leaves the question – what is the
appropriate EMS service level for Topeka? – without a complete answer.
EMS System Surveys
Because of the inability to apply a standard to the City and the limited access to primary
data representing the problem(s) described by stakeholders, a survey was conducted to
help further depict potential solutions.
This survey was an effort to identify and analyze municipalities across the region of
similar size to help gain insight to ambulance deployment, utilization, and distribution
across a variety of service areas.
The criteria utilized for selecting cities for the survey included:
● Must have publicly available data for analysis
● Population of at least 100,000
● Located in the Central Time Zone
Nineteen different cities met the criteria listed above and were used by the PPMC as
part of the survey.
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 13
Figure 1: Map Showing Cities Used for Regional Ambulance Survey by PPMC (2024)
While not intended from the onset, all the cities participating in the survey were from
fire-based EMS systems. The PPMC originally desired to include both fire and non-fire
ambulance data, however the availability of data from the non-fire-based systems were
extremely limited and it was not possible to generate a representative sample.
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 14
The survey was utilized to gather important data metrics to help compare and contrast
the various communities to help frame recommendations for Topeka. Those data points
gathered included:
1. Number of ambulances deployed daily
2. Annual call volume
3. Population of the service area
4. Service area size
5. Total budget
6. Total personnel
Computing these various data points allows comparison of the model used in the City of
Topeka. These standards can be used to assist in answering three major questions for
the city of Topeka.
1. What is the range of ambulance quantity that should be expected for a city the
geographic size of Topeka?
2. What range of population and call volume necessitate additional ambulances in
the system?
3. Are there noticeable gaps in coverage models between Topeka and other
municipalities in the survey?
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 15
The data analysis revealed the following.
Table 1: Regional Survey Results for Ambulance Provision
Population Per Response Area (sq. mi.) Annual Calls
Ambulance per ambulance* per ambulance
N=19 N=17 N=19
Minimum 16,667 5.18 1086
Average 22,361 10.05 2741
Maximum 39,166 24.33 5744
For the square mile per ambulance comparison information, the cities of Odessa, TX and Midland, TX were removed
because their total coverage area of responsibility was over 900 square miles, skewing the data provided.
Using data from the Topeka Fire Department and applying it to the various minimum,
average and benchmark attributes of the representative sample help to identify
minimum quantities of ambulances needed by the variables shown.
Table 2: Recommendation for Topeka from Ambulance Survey
Ambulances Ambulances Ambulances
Recommended by Recommended by Recommended by
Population Response Area Call Volume
Minimum 3 6 5
Average 5 7 10
Benchmark 8 12 17
The table above shows what quantity of ambulances would be necessary to protect the
City of Topeka, using information from the regional survey. The following is the
methodology used to determine:
● The minimum quantity of ambulances is calculated by taking the associated
metric for the City of Topeka (population, response area, call volume) and
dividing it by the maximum value found in the survey.
● The benchmark quantity of ambulances is calculated by taking the same metrics
and dividing it by the minimum value per ambulance found in the survey.
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 16
Determining whether the minimum, average or benchmark quantity of ambulances is an
inexact science and involves careful consideration of other variables, such as response
time standards, unit recoil time (how long it takes to respond, treat, transport and return
an ambulance unit to service), staffing considerations, and other variables. For
example, assuming an annual call volume of 25,434 emergency medical calls, utilizing
the minimum number of ambulances suggested by the survey for population size would
mean that each of the three ambulances would respond to over 20 emergency calls in a
24-hour period. A call volume of this size would have a detrimental impact on the EMS
crews.
On the opposite end of the spectrum, utilizing the benchmark number of ambulances
suggested by the survey for call volume would mean that each of the 17 ambulances
would respond to just four calls in a 24-hour period. This level of service, while desirable
from some perspectives in likely cost prohibitive and difficult from a staffing perspective.
Further analysis using a fourth data point was conducted based on feedback from the
ambulance contractor and TFD relating to the frequency and intensity of ambulance
utilization by some demographics of Topeka’s population. The call volume for each of
the survey departments was collected and compared to Topeka’s to calculate the
annual call volume per capita.
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 17
Table 3: Regional Survey Calls per 1000 Residents
Annual EMS calls per Capita
N=19
Minimum 0.06
Average 0.12
Maximum 0.20
Topeka 0.20
Using data from Topeka Fire Department, there are approximately .20 calls per year for
each citizen, matching the maximum found in the survey (Kansas City, KS). This part of
the analysis supports the information derived from stakeholders and highlights the need
for sufficient resources for the city, based on the utilization by the population.
While the described minimum, average, and benchmark levels of service from the
survey, when applied to the City of Topeka provide just general assessment, they also
serve as a “litmus test” to any current or future ambulance deployment to a regional
standard. Despite only being gathered from fire-based ambulance services, the data
can be applied to other ambulance service types, such as private and hospital-based
models.
City of Topeka – Contractual Ambulance Provider
This study also included insight into the baseline metrics and performance of the
contractual ambulance provider. The information acquired was for calendar years 2022
and 2023.
The information on individual calls for service was unavailable for granular analysis of
location, criticality and other attributes due to the privacy of the data. Additionally, the
various zones used by the ambulance provider do not necessarily align with city limit
boundaries, making the interpretation of performance for the City of Topeka difficult.
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 18
The ambulance provider utilizes a nationally recognized medical dispatching system to
interrogate 9-1-1 callers requiring emergency medical response to prioritize and classify
the calls accordingly. Calls are classified into advanced and basic life support
categorizes based on the chief complaint or problem described by the caller.
Contractually, emergency calls require a nine-minute response (travel) time measure
from time an ambulance is dispatched until it arrives. Non-emergency calls are
permitted a fifteen-minute response time.
Table 4: Ambulance Provider Emergency Incident Data (2022-2023)
Average
Emergency ALS BLS Response Time Response Time
Calls Calls Calls Compliance (Emergency Calls)
10,731 9,295 6:52
2022 20,026 17,268 (86.2%)
(53.5%) (46.5%) n=5,186
10,956 9,194 649
2023 20,150 17,759 (88.1%)
(54.4%) (45.6%) n=5,258
In 2023, a total of 2,391 calls were classified as “late” in accordance with the contract
between the ambulance provider and Shawnee County. This included 767 (3.8 percent)
emergency calls of an advanced life support nature. Only 556 advanced life support
calls classified as emergency received a response time of greater than ten minutes,
representing just 2.7 percent of those categorized incidents.
In 2022, a total of 2,758 calls were classified as “late” in accordance with the contract
between the ambulance provider and Shawnee County. This included 789 (3.9 percent)
emergency calls of an advanced life support nature. Only 248 advanced life support
calls classified as emergency received a response time of greater than ten minutes,
representing just 1.2 percent of those categorized incidents.
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 19
Average response times for each month during the years of 2022 and 2023 are shown
in Figure 2. These response times, and the other attributes of the macro data discussed
above, show overall compliance and dependability with the emergency medical system.
It is important to note that average response times are a measure of central
tendency of a data set and do not measure performance in the same manner as
the NFPA Standard 1710 previously mentioned, which uses a fractile
measurement at the 90th percentile.
The City should consider utilizing percentile measurement of response times to help
align with the governing standard and provide a more conservative analysis of response
times. Coupled with geographic information identifying where long response times
regularly occur, this information would help to target areas of Topeka that would need
response time improvement.
Figure 2: Ambulance Provider Average Response Times by Call Priority (2022-2023)
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 20
Stakeholder Engagement
The work done by PPMC included
the engagement of various
stakeholders, from elected officials to
other key operators in the emergency
medical system, to gather the input,
context, and help understand the
impacts of the current deployment
model. These engagements helped
frame the recommendations.
City Council
The PPMC conducted three focus groups/interviews with seven of City Council
members. All nine were invited to participate. With their geographic representation
across the city, and important role in improving/changing the emergency medical
response model, their input was vital to help guide the project. A secondary purpose of
these meetings was to provide information to the council on comparable EMS models
for their general knowledge and to improve future discussion. The PPMC developed a
handout based on the information previously discussed in the section “Defining
Appropriate EMS Service Level” to facilitate the discussion.
Following are the themes and observations that emerged from discussions with the City
Council, in no priority order:
● There is a wide spectrum of knowledge and background on TFD and EMS
depending on the interests, tenure, and personal experience of the elected
official.
● Many of the council members indicated a need to have regular information
updates regarding TFD and AMR’s performance.
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 21
● Each city council member is most familiar with the needs and concerns of the
constituents in their district.
● The council members desire various options that include low-cost and/or no-cost
changes and those that require greater investment by the City.
● The officials desire solutions/recommendations that support strategic goals of the
TFD, but also desire for both the fire department and ambulance provider to work
together in a productive way.
Familiarity with the Subject
Discussions revealed council members have varying knowledge on TFD, the City’s
EMS system, and the relationship between the two entities. Much of the familiarity with
the issues and those agencies depends on the tenure of the individual member with the
City Council. Some of the elected officials possess institutional knowledge associated
with previous work of the fire department through reports published or work from the
previous fire commission. Regardless of the individual’s depth of familiarity, there was a
desire for a better understanding of the issues, performance of the system, and future
improvement.
Quantitative Understanding of Performance
Council members said they want to receive regular and enhanced updates on TFD and
the ambulance provider’s performance. However, there was some concern about the
reliability or neutrality of information that comes directly from the sources. Council
members wanted to know whether both services were meeting response times and
were interested in the various types of calls handled by the entities.
Geographic Representation
Since members of the City Council are elected to represent geographic divisions of the
city, their thoughts and perspective were often framed from the lenses of their
constituents. A better understanding of the system’s functional needs and service areas,
rather than political boundaries, will allow for council members to have more strategic
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 22
conversations and provide policy direction to better the overall system and meet
community needs. As noted in the recommendations, future improvements to the
system include more granular information about performance within various geographic
polygons of the city.
Long-Term Planning and Collaboration
In addition to the recommendations that come from this project, Council members were
curious about the long-term plans of the department. Recognizing the importance of
continued investment in the fire and EMS services. Council members felt it was
important to integrate this current work into a larger planning initiative. Ultimately,
Council members expressed an appreciation for the services provided and recognize
the value of each. However, they feel there has been division between the organizations
and want to see the services collaborate better.
County Fire Chiefs Association
While not directly in the scope of the report, it was regularly mentioned by various
stakeholders that it was important to include and communicate with other fire entities
outside of Topeka. Members of the County Fire Chiefs Association provided feedback
on the following topics:
1. Elements working satisfactorily with the current EMS system
2. Concerns about and priorities for service delivery
3. Feedback from constituents, residents, and partners
4. Important issues to be communicated to key leaders within the City of Topeka
regarding EMS delivery
The County Fire Chiefs felt communication, training, and response times from the
ambulance provider and have improved but were concerned about the following topics:
● Staffing levels
● Readiness of staffing, specifically the experience of some medical providers
● Appropriateness of dispatching BLS units in certain situations
● Utilization of medical dispatching system (“ProQA”)
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 23
Their priorities for service delivery were timeliness, type of response,
communication, and training. The Chiefs described their own frustrations, as well as
those of their constituents, over their lack of influence in the EMS system.
Participants suggested the only option for the county fire officials was to encourage
citizens to reach out to county elected officials or the ambulance provider directly
when concerns were identified. Chiefs felt limited in their ability to make change to
the system and were described as consumers of the system, rather than
participants. They felt it is in the best interest of the community for fire service to
continue to achieve higher levels of EMS training to supplement and compliment the
ambulance provider.
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 24
Conclusion
This report aimed to better
understand what necessarily
capabilities and future strategy
needed to be integrated into the TFD
to enhance the broader emergency
medical system within the City of
Topeka and Shawnee County. The
proposed changes focus on three
critical areas: Leadership and Accountability, Interagency Coordination and
Cooperation, and Response and Deployment. By fostering collaboration between the
City, County, and the contracted ambulance provider, and by refining data-driven
strategies, the recommendations set a clear path forward for improving response times,
service delivery, and coordination.
Given the complexity of ambulance deployment, which involves numerous variables
such as community demographics and geographic area, a flexible and adaptive
approach is essential. Continuous evaluation and adjustment will be key to ensuring
that the system remains responsive to the community’s evolving needs. The proposed
recommendations are actionable items, attainable over the next five years, which will
lay the groundwork for continued progress in meeting the growing healthcare and
emergency response needs of the greater Topeka area.
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 25
Appendix
The 2024 TFD report is built on the 2022 study conducted by the PPMC. Information
provided in the initial study is listed below to provide context for all of the
recommendations of this report.
1. In 2022, 68 percent of the 23,762 emergency incidents received by the
department were for medical emergencies.
2. All TFD firefighters are certified to the EMT-Basic level. There are 21 firefighters
certified at an EMT-A or Paramedic level that can provide ALS care.
3. The city of Topeka staffs 4 ALS engine companies.
4. The dispatch centers for both TFD and AMR are located at Shawnee County
Emergency Communications Center (SCECC). Medical calls are handled by the
AMR dispatchers located in the center.
5. AMR utilizes between six and eight ambulances each day, working 12-hour
shifts, to provide service to the City and County.
Table 5: AMR Performance in Zone 1 (2020-2023)
Attribute 2020 2021 2022 2023
Total Calls 16,459 17,242 20,147 18,564
On Time Arrival 15,083 15,587 17,300 16,210
Late Arrival 1,376 1,655 2,847 2,354
Fines Issued 418 658 716 745
Percentage Late 8.4% 9.6% 14.1% 12.7%
Percentage
2.5% 3.8% 3.6% 4.0%
Fined
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 26
The initial study of TFD conducted in 2022 gave 12 recommendations for the City of
Topeka to implement. These recommendations are listed below:
1. Evaluate the current placement of advanced life support (ALS) fire companies
taking into consideration the frequented posts of AMR ambulances, call patterns,
and response time performance that exceeds 480 seconds travel time for an ALS
resource (NFPA 1710 4.1.2.1).
2. Consider adding additional ALS fire companies into under-served areas of the
City as performance issues are identified (ALS response greater than 480
seconds, 90 percent of the time, NFPA 1710 4.1.2.1).
3. Prioritize four-person staffing of ALS fire companies to allow the company’s quick
recoil after high-acuity EMS calls.
4. Consider establishing an EMS supervisor position on each shift and adding EMS
staff positions to provide the leadership, training, and system reliability support to
the EMS program.
5. Create a regular and productive communication framework to integrate the
continuum of care provided by AMR and TFD, in accordance with Section 6 (B) of
the City’s franchise agreement. Leaders of these organizations should regularly
meet to steer the EMS program with a defined agenda.
6. Modify the franchise agreement in 2024 to ensure a minimum of five ALS
ambulances are available each day. Furthermore, at least 80% of on-duty
ambulance resources should be ALS in capability.
a. ALS resources should be automatically sent to all first-alarm or greater
structure fires in the City.
7. Create a process for automatic notification of “Status 0” to the TFD jointly with
AMR and TFD input. Sharing this status will allow awareness of extended
response times and prompt the dispatch of ALS companies in the absence of
available ambulances.
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 27
8. Establish common nomenclature for the identification of ALS and BLS
ambulances. Share estimated times of arrival between AMR and TFD using a
CAD-to-CAD interface or similar process, so that the information on unit location
is easily accessible to field responders.
9. Review 15% of medical calls receiving an EMD determinant code of “Delta” or
“Echo” by an AMR EMD-Q. Share the results of each occurrence with TFD.
10. Complete a critical task analysis by TFD to tier its response to medical calls
based on the complexity and task. This should be completed with medical
director input and comment.
11. The City should create or improve incentives for the attainment of EMS training,
including EMT-Advanced and EMT-Paramedic certification. These incentives 9
should be targeted at ensuring competitiveness with the area departments used
by TFD for contract negotiation.
12. The City should begin an aggressive campaign to train approximately 15-25
firefighters each year in a paramedic program. Consideration should be given to
online programs, as allowed by the Kansas Board of Emergency Medical
Services, due to their compatibility with firefighter schedules. Consideration
should be given to training contracts for individual firefighters that would require
them to continue employment with the TFD for a certain number of years.
Public Policy & Management Center at WSU | 1845 Fairmount St. Box 211 | Wichita, KS 67260 | 316-978-6526 28
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
November 12, 2024
DATE: November 12, 2024
CONTACT PERSON: Sylvia Davis, Director DOCUMENT #:
of Utilities
SECOND PARTY/SUBJECT: Recreation Engineering PROJECT #: 281255.04
and Planning
CATEGORY/SUBCATEGORY 007 Contracts and Amendments / 005 Professional Services
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
APPROVAL of a Utilities Engineering Contract Amendment between the City of Topeka and Recreation
Engineering & Planning, in an amount not to exceed $89,800 for engineering services.
(Approval will authorize the City Manager to sign and execute the contract amendment to advance the
preliminary design to detailed design, conduct floodplain impact analysis, and develop select permit application
documents to support the Kansas River Weir Improvements Project 281255.04.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the contract for professional services. Pursuant to TMC 3.30.010, all contracts for
professional services exceeding $50,000 must be approved by the Governing Body.
STAFF RECOMMENDATION:
Staff recommends the Governing Body approve the contract amendment as part of the consent agenda.
BACKGROUND:
On April 3, 2024 the City executed Contract No. 52029 for an amount of $40,000 for Professional Engineering
Services. Services included providing for the preliminary design and feasibility analysis relating to re-installation
of the stop log or another design solution to increase water surface elevations upstream of the weir during low
river flow conditions, while maintaining the benefits of the previously completed weir improvements project. City
staff recommend and request approval of a contract amendment to advance from preliminary design and
feasibility to detailed design with the most qualified consultant for the project.
BUDGETARY IMPACT:
$89,800
SOURCE OF FUNDING:
2024 Capital Improvement Plan
Resolution 9425
Water Operations Fund
ATTACHMENTS:
Description
Proposed Contract Amendment
Contract No. 52029 (April 3, 2024)
Recreation Engineering & Planning Scope of Work
2024 CIP Page 281255.00
CITY OF TOPEKA
CONTRACT NO. ____________
AMENDMENT NO. 1 TO CITY OF TOPEKA CONTRACT NO. 52029
This Amendment No. 1 to City of Topeka Contract No. 52029 is entered into on this
October 8, 2024, by and between the City of Topeka, Kansas, a duly organized municipal
corporation, hereinafter referred to as "City" and Recreation Engineering & Planning, hereinafter
referred to as "Engineer
WHEREAS, City and Engineer entered into Contract No. 52029 on April 3, 2024, as
amended by Amendment No. 1 , for the purpose of Kansas River Weir Improvements
Project ; and
WHEREAS, City desires Engineer to perform certain additional consulting work.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. The total amount of compensation set forth in ATTACHMENT B of Contract No. 52029
shall increase by forty nine thousand eight hundred ($49,800.00) for a total not to exceed
amount of eighty nine thousand eight hundred ($89,800).
2. The payment for the additional services to be performed under this Amendment shall be
based on the 2024 Schedule of Hourly Charges set forth in ATTACHMENT F of City of
Topeka Contract No. 52029.
3. The Scope of Services as set forth in Contract No. 52029 shall be amended to as follows:
A. Advance the preliminary design to detailed design, conduct floodplain impact
analysis, and develop select permit application documents to support the Kansas
River Weir Improvements Project. See attached REP scope dated September 13,
2024.
4. All other terms and conditions of City of Topeka Contract No. 52029 not specifically
amended herein shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereto executed this Amendment as of the day
and year first above written.
Page 1 of 2 10/8/2024 9:09:03 AM
CITY OF TOPEKA, KANSAS RECREATION ENGINEERING &
PLANNING
Robert M. Perez, Ph.D., City Manager Gary Lacy, President
ATTEST:
APPROVED AS TO FORM AND LEGALITY
________________________________
DATE______________BY____________
Brenda Younger, City Clerk
C&P DIRECTOR
___________
Page 2 of 2 10/8/2024 9:09:03 AM
Scope of Work for Professional Services
Kansas River Weir Improvements
Topeka, Kansas
By Recreation Engineering & Planning (REP)
September 13, 2024
The following scope of work is for professional services to complete detailed design (60%),
floodplain impact analysis, and the development of select permit application documents to
support the Kansas River Weir Improvements Project. REP designed the weir modifications that
were constructed in two phases from August 2020 through May 2022. The constructed weir
improvements included a boat passage and fish passage channel, weir safety improvements,
and river access. The project was identified as City of Topeka project # T-281058.01.
Project Understanding
The weir improvements project included a lowering of the upstream water surface, primarily
due to the removal of the stop log from the low notch channel through the south side of the
weir. In the time since construction of the project, City of Topeka water plant operators have
noted cavitation in some of their pumps during periods of low river flows coupled with high
water demand.
REP completed an investigation into the re-installation of the stop log or another design solution
to increase water surface elevations upstream of the weir during low river flow conditions, while
maintaining the benefits of the weir improvements project, including public safety at the weir,
fish passage, and boat passage. The results of the investigation are summarized in the technical
memo dated 7/10/2024 and briefly summarized as follows. The reinstallation of the stoplog is
not cost efficient for the service life and a more robust design solution was advanced to
preliminary design and included in the technical memo package. This design solution is referred
to as the construction of a new crest cap structure.
Based on our understanding of the project and the current needs, the approach outlined below
includes estimated pricing to perform the required services through permit application
submittal and limited follow up responses and analysis and development of permit level (60%)
design plans. Additional and/or unanticipated permitting effort not included, final design, and
construction services will be required and are not included in this scope. Hours are estimated
not to exceed, only actual hours and expenses will be billed. A detailed fee breakdown by task
and personnel is attached.
Schedule
The work for this scope is anticipated to begin upon execution of this contract. If a notice to
proceed is not received within 6 months of the date of this proposal, REP reserves the right to
update rates and fees. The submittal of permit applications is time sensitive. Receiving permit
September 2024 Kansas River Weir Improvements Project Design Scope
Recreation Engineering and Planning 1
authorizations from relevant permitting agencies is expected to take 4 6 months or longer and
will be a driver of overall project schedule.
REP has prepared this scope to prioritize the path to permit application submittals. In-water
work cannot commence until permits are received.
Final design, technical specification development, and bidding can commence prior to receiving
permit authorizations. Therefore, these tasks have been excluded from this scope but can be
completed in a subsequent work authorization.
Task 1 Detailed Design (60% Design Development)
REP will advance the preliminary design plans dated 6/12/2024 to a 60% level to be delivered as
a PDF plan set. These plans will include sufficient detail for permit applications but not for
bidding or construction. The plans will include cross-sections, profiles, materials, construction
access / dewater details, etc. REP will develop a list of anticipated technical specifications.
Senior engineers to perform QA/QC. One virtual meeting to walk through the 60% design and
explain process and rationale, and one round of review and comment by the City is included.
Detailed Design Plans: The design will include detailed project layout, dimensions, geometry,
elevations, and materials sufficient to estimate quantities, and allow for review by the City.
Permit level staging, access, and water control plan will be included. The design will be
developed in AutoCAD software and will be delivered as PDF design plans.
60% Construction Cost Estimate: Development of an updated estimate of construction costs
based on estimated materials quantities and other construction costs including dewatering and
mobilization. At the 60% design stage, the cost estimate will be a Class 3 construction cost
estimate (AACE classification, expected accuracy range -20% to +30%).
Deliverables: Detailed design (60%) PDF plans, 60% construction cost estimate
Task 1 Labor - $16,620
Task 2 - Floodplain Impact Modeling
REP will perform hydraulic analysis to quantify floodplain impacts from the proposed project
and provide a no-rise certification if the proposed design meets the requirements. REP will
update the proposed conditions model to be consistent with the proposed design, perform an
updated floodplain impact hydraulic analysis, and develop a floodplain impact report detailing
the hydraulic analysis performed, and any floodplain impacts as a result of the proposed project.
The project will be designed to meet no-rise requirements if possible, and a no-rise certification
is included in this task.
For the purposes of this scope, we assume that a 1D HEC-RAS model of the appropriate reach of
the Kansas River is available and represents existing conditions reasonably well. It is assumed
that all floodplain analysis will be completed utilizing 1D HEC-RAS. It is assumed that the City will
provide REP with the most recent hydraulic model available for the reach.
September 2024 Kansas River Weir Improvements Project Design Scope
Recreation Engineering and Planning 2
Deliverables: No-Rise certification, Modeling Results.
Task 2 Labor - $13,980
Task 3 Permit Application Document Development
Permit Application Support: This scope assumes the City of Topeka will apply for all required
permits with REP listed as the agent. A 404 permit or modification from the US Army Corps of
Engineers (USACE) will be required. It is assumed that the project will be permitted through a
formal existing permit modification and an individual permit application will not be required. A
water structures permit will be required from the Kansas Division of Water Resources (DWR). An
action permit will be required from the Kansas Department of Wildlife, Parks, & Tourism
(KDWPT). It is anticipated a Floodplain Development Permit administered by the City of Topeka
will be required, supported by a no-rise analysis. REP will support the City with the following in
conjunction with each permit application:
US Army Corps of Engineers (USACE)
Request for permit modification: Previous Permit from 2020 - NWK-0-02211
Submit a formal permit modification request to Corps Permit NWK-0-02211.
Provide a written summary of the proposed modifications, purpose and need of such
changes.
Summary of temporary fills and removal of those fills, and summary/quantification of
any new/additional permanent fill along the river bank (linear feet) and within the river
bed (acreage) that are necessary to complete the modifications.
Permit level plansheets
Coordination with USACE.
Kansas Division of Water Resources (DWR)
Water Structure No. SSN-0078-L Modification & LSN-0203-S
60 % design plans
No-rise analysis
September 2024 Kansas River Weir Improvements Project Design Scope
Recreation Engineering and Planning 3
Kansas Department of Wildlife, Parks, & Tourism (KDWPT) Action Permit
Previous Action Permit No. 2017-21 (Amended in 2020)
New application for action permit
City of Topeka Floodplain Permit
Coordination with City representatives
No rise certification
Floodplain permit application
*This scope does not include KDHE Stormwater Permit To be completed by selected qualified
contractor.
Deliverables: Permit Application Documents
Additional Permitting Support: Following the submittal of the permit applications, it will be
necessary to answer agency questions and provide additional information as requested during
the permit application review process. This task includes up to 30 hours of additional permitting
support. If additional permitting support hours are required beyond 30 hours, REP will provide a
fee estimate to complete additional services at that time.
Task 3 Labor - $19,200
Total Tasks 1-3: $49,800
September 2024 Kansas River Weir Improvements Project Design Scope
Recreation Engineering and Planning 4
Professional Services Cost Estimate Kansas River Weir Improvements Recreation Engineering and Planning
September 2024
Name Gary Lacy, PE Mason Lacy, PE Jake Kabler, PE Riley Gelatt, PE
President / Principal
Role Project Engineer Project Engineer Project Engineer
Engineer
Billing Rate $ 240.00 $ 180.00 $ 180.00 $ 180.00
Total Hrs Total Fee
Kansas River Weir Improvements
Task 1 Detailed Design (60% Design Development)
Detailed Design Plans 2 25 25 25 77 $ 13,980
60% Construction Cost Estimate 2 2 5 5 14 $ 2,640
TOTAL Task 1 4 27 30 30 91 $ 16,620
Task 2 Floodplain Impact Modeling
Modeling Results 0 10 25 25 60 $ 10,800
No-Rise Certification 2 5 5 5 17 $ 3,180
TOTAL Task 2 2 15 30 30 77 $ 13,980
Task 3 Permit Application Document Development
Project meetings 2 5 5 5 17 $ 3,180
Pre-application coordination with agencies 0 5 2 2 9 $ 1,620
Permit Application Document Development 0 10 20 20 50 $ 9,000
Post submittal permitting support 0 10 10 10 30 $ 5,400
TOTAL Task 3 2 30 37 37 106 $ 19,200
Total Expenses: $ -
TOTAL PROJECT COSTS: $ 49,800
Note: The fees are estimated not to exceed. Each item will be billed at the hourly rates. Only actual expenses will be billed.
Contract No.
Project No.
CITY OF TOPEKA
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
STANDARD AGREEMENT
FOR
ENGINEERING SERVICES
THIS AGREEMENT, is between the City of Topeka, Kansas (Owner) and Recreation Engineering and Planning
(Engineer);
WITNESSETH:
WHEREAS, the Owner wishes to employ the Engineer to perform professional engineering services on the Kansas
River Weir Improvements Project. These services include providing engineering design and construction documents
for the preliminary design and feasibility analysis relating to re-installation of the stop log or another design solution
to increase water surface elevations upstream of the weir during low river flow conditions, while maintaining the
benefits of the previously completed weir improvements project (T-281058.01), including public safety at the weir,
fish passage, and boat passage (the Project); and,
WHEREAS, the Owner requires certain engineering services in connection with the Project (the Services);
and,
WHEREAS, the Engineer is prepared to provide the Services;
NOW THEREFORE, in consideration of the promises contained in this Agreement, the Owner and Engineer.
agree to the following:
ARTICLE 1 - EFFECTIVE DATE
The effective date of this Agreement shall be the date of the last signature below.
ARTICLE 2 - GOVERNING LAW
This Agreement shall be governed by the laws of the State of Kansas and the codes of the City of Topeka
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ARTICLE 3 - SERVICES TO BE PERFORMED BY ENGINEER
Engineer shall perform the Services described in Attachment A, Scope of Services, in accordance with applicable
sections of the City of Topeka Design Criteria and Drafting Standards of latest revision.
ARTICLE 4 - COMPENSATION
Owner shall pay Engineer in accordance with the Attachment B, Compensation.
ARTICLE 5
Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities.
ARTICLE 6 - SUPPLEMENTAL AGREEMENTS
The provisions set forth in Attachment D, Supplemental Agreements shall be incorporated into this Agreement.
ARTICLE 7 - PROJECT SCHEDULE
The provisions set forth in the Attachment E, Project Schedule shall be incorporated into this Agreement.
ARTICLE 8 - STANDARD OF CARE
Engineer shall exercise the same degree of care, skill, and diligence in the performance of Services as is ordinarily
possessed and exercised by a professional engineer under similar circumstances.
ARTICLE 9 - INDEMNIFICATION AND INSURANCE
Engineer hereby agrees to fully indemnify and hold harmless Owner and any of its departments, divisions, agencies,
fees and other expenses of litigation incurred by or on behalf of the Owner and any of its officers, employees or
elected officials arising out of Engineer's negligent performance of Services under this Agreement. Engineer
specifically agrees that this duty to indemnify and hold harmless will apply to the following:
a. Claims, suits, or action of every kind and description when such suits or actions arise from the
alleged negligent acts, errors, or omissions of the Engineer, its employees, agents, or
subcontractors.
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b. Injury or damages received or sustained by any party because of the negligent acts, errors, or
omissions of the Engineer, its employees, agents, or subcontractors.
Engineer shall purchase and maintain during the life of this Agreement, insurance coverage which will
satisfactorily insure him against claims and liabilities which arise because of the execution of this Agreement.
The insurance coverages are as follows:
(1) Commercial General Liability Insurance, with a limit of $1,000,000 for each occurrence and $2,000,000 in
the general aggregate.
(2) Automobile Liability Insurance, with a limit of $1,000,000 for each accident, combined single limit for
bodily injury and property damage. The Engineer agrees to obtain such insurance should any automobiles
be acquired.
(3) Worker's Compensation Insurance and Employer's Liability Insurance, in accordance with statutory
requirements, with a limit of $1,000,000 for each accident.
(4) Professional Liability Insurance, with a limit of $1,000,000 for each claim and $2,000,000 in the general
aggregate.
Prior to issuance of the Notice to Proceed by Owner, Engineer shall have on file with Owner certificates of insurance
acceptable to Owner. Said certificates of insurance shall be filed with Owner in January of each year or may be
submitted with each agreement.
Engineer shall also maintain valuable papers insurance to assure the restoration of any plans, drawings, field notes
or other similar data relating to the work covered by this agreement, in the event of their loss or destruction, until
such time as the work has been delivered to the Owner.
Upon completion of all Services, obligations, and duties provided for in this Agreement, or if this Agreement is
terminated for any reason, the terms and conditions of this Article shall survive.
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ARTICLE 10 - LIMITATIONS OF RESPONSIBILITY
Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety
precautions and programs in connection with the Project, (2) the failure of any contractor, subcontractor, vendor, or
other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the Owner or to
comply with federal, state or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses
required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A,
Scope of Services.
ARTICLE 11 - OPINIONS OF COST AND SCHEDULE
Since Engineer has no control over the cost of labor, materials, or equipment furnished by others, or over the
resources provided by others to meet Project construction schedules, Engineer's opinion of probable construction
costs and of construction schedules shall be made on the basis of experience and qualifications as a professional
engineer. Engineer does not guarantee that proposals, bids, or actual Project construction costs will not vary from
Engineer's cost estimates or that actual construction schedules will not vary from Engineer's projected schedules.
ARTICLE 12 - REUSE OF DOCUMENTS
All documents, including, but not limited to, drawings, specifications, and computer software prepared by Engineer
pursuant to the Agreement are instruments of service in respect to the Project. They are not intended or represented
to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without
prior written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and
without liability or legal exposure to Engineer. Any verification or adaptation requested by Owner shall entitle
Engineer to compensation at rates to be agreed upon by Owner and Engineer.
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ARTICLE 13 - OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Except as otherwise provided herein, engineering documents, drawings, and specifications prepared by Engineer as
part of the Services shall become the sole property of Owner, however, that both Owner and Engineer shall have the
unrestricted right to their use. Engineer shall retain its rights in its standard drawing details, specifications, data
bases, computer software, and other proprietary property protected under the copyright laws of the United States.
Rights to intellectual property developed, utilized, or modified in the performance of services shall remain the
property of Engineer. Owner shall have the unlimited right to the use of intellectual property developed, utilized,
or modified in the performance of the Services at no additional cost to the Owner.
ARTICLE 14 - TERMINATION
This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other
party to perform in accordance with the terms of this Agreement. The nonperforming party shall have fifteen
calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other
party. Owner may terminate or suspend performance of this Agreement for Owner's convenience upon written
notice to Engineer. Engineer shall terminate or suspend performance of the Services on a schedule acceptable to
Owner. If termination or suspension is for Owner's convenience, Owner shall pay Engineer for all Services
performed prior to the date of the termination notice. Upon restart, an adjustment acceptable to Owner and Engineer
shall be made to Engineer's compensation.
ARTICLE 15 - DELAY IN PERFORMANCE
Neither Owner nor Engineer shall be considered in default of the Agreement for delays in performance caused by
circumstances beyond the reasonable control of the nonconforming party. For purposes of this Agreement, such
circumstances include abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, or other civil
disturbances; sabotage, judicial restraint, and inability to procure permits, licenses, or authorizations from any local,
state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either
Owner or Engineer under this Agreement.
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Should such circumstances occur, the nonconforming party shall, within a reasonable time of being prevented from
performing, give written notice to the other party describing the circumstances preventing continued performance
and the efforts being made to resume performance of the Agreement.
For delays in performance by Engineer, as set forth in Attachment E, Project Schedule, which are caused by
circumstances which are within its control, such delays shall be documented on the Engineer's Project Performance
Evaluation form. Said form shall be completed at the conclusion of Project and acknowledged by both Owner and
Engineer. Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant
selection for City projects.
In the event Engineer is delayed in the performance of Services because of delays caused by Owner, Engineer shall
have no claim against Owner for damages or contract adjustment other than an extension of time.
ARTICLE 16 - COMMUNICATIONS
Any communication required by this Agreement shall be made in writing to the address specified below:
Engineer: Gary Lacy, President
Recreation Engineering and Planning
485 Arapahoe Ave.
Boulder, CO 80302
(303) 545-5883
Owner: City of Topeka Engineering Division
620 SE Madison, 2nd Floor
Topeka, KS 66607
(785) 368-3842
Nothing contained in the Article shall be construed to restrict the transmission of routine communications
between representatives of Engineer and Owner.
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ARTICLE 17 - WAIVER
A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall not
affect the waiving party's rights with respect to any other or further breach.
ARTICLE 18 - SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event
rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any
other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and
the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular
portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions
of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of
this Agreement be determined void.
ARTICLE 19 - INTEGRATION
This Agreement represents the entire and integrated agreement between Owner and Engineer. All prior and
contemporaneous communications, representations, and agreements by Engineer, whether oral or written, relating
to the subject matter of this Agreement, as set forth in Attachment D, Supplemental Agreements are hereby
incorporated into and shall become a part of this Agreement
ARTICLE 20 - SUCCESSORS AND ASSIGNS
Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators,
assigns, and legal representatives to the other party of this Agreement and to the directors, officers, partners,
successors, executors, administrators, assigns, and legal representatives of such other party in respect to all
provisions of this Agreement.
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ARTICLE 21 - ASSIGNMENT
Neither Owner nor Engineer shall assign any rights or duties under this Agreement without the prior written consent
of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will release or
discharge the assignor from any obligation under this Agreement. Nothing contained in this Article shall prevent
Engineer from employing independent consultants, associates, and subcontractors to assist in the performance of the
Services; however, other agreements to the contrary notwithstanding, in the event Engineer employs independent
consultants, associates, and subcontractors to assist in performance of the Services, Engineer shall be solely
responsible for the negligent performance of the independent consultants, associates, and subcontractors so
employed.
ARTICLE 22 - THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Engineer.
ARTICLE 23 RELATIONSHIP OF PARTIES
Nothing contained herein shall be construed to hold or to make the Owner a partner, joint venturer, or associate of
Engineer, nor shall either party be deemed the agent of the other, it being expressly understood and agreed that the
relationship between the parties hereto is and shall at all times remain contractual as provided by the terms and
conditions of this Agreement.
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IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement.
CITY OF TOPEKA Recreation Engineering and Planning
Owner Engineer
By: Richard U. Nienstedt By: Gary Lacy
Interim City Manager President
Title Title
Date: Date:
Attest: Attest:
City Clerk, Brenda Younger
APPROVED AS TO FORM AND LEGALITY
DATE______________ BY___________________
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ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Recreation Engineering and Planning
Project Number & Name: Kansas River Weir Improvements Project
SCOPE OF SERVICES
BASIC SERVICES
The project is specifically defined below:
The project is for professional services to complete preliminary design and analysis to support the Kansas River
Weir Improvements Project. Recreation Engineering and Planning (REP) designed the dam modifications that
were constructed in two phases from August 2020 through May 2022. The constructed weir improvements
included a boat passage and fish passage channel, weir safety improvements, and river access. The project was
identified as City of Topeka project # T- 281058.01.
The weir improvements project included a lowering of the upstream water surface, primarily due to the removal of
the stop log from the low notch channel through the south side of the weir. In the time since construction of the
project, City of Topeka water plant operators have noted cavitation in some of their pumps during periods of low
river flows.
The City of Topeka has requested a proposal to investigate re-installation of the stop log or another design solution
to increase water surface elevations upstream of the weir during low river flow conditions, while maintaining the
benefits of the weir improvements project, including public safety at the weir, fish passage, and boat passage.
Based on our understanding of the project and the current needs, the approach outlined below includes estimated
pricing to perform the required services through feasibility analysis and development of preliminary design plans.
Permitting, final design, and construction services will be required and are not included in this scope.
The Engineer agrees to provide the following services.
Task 1 Site Visit and Data Collection
Since construction of the project, the river has adjusted with major sand deposition and revised low flow paths. A
site visit is necessary to assess the current conditions, install water level logger(s) and meet on-site with City staff.
This task includes two REP engineers traveling to the site and completing the field investigation. A water level
logger will be installed downstream of the weir structure to log tailwater surface hourly. A second logger may be
installed upstream of the weir structure near the intake, or the USGS gage (Site ID 06888990) data at the site may
be sufficient.
Field investigations will include a visual assessment of the necessary variables relevant to the project. Aerial
imagery will be captured using a DJI Mavic Air 2.
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This scope assumes that after data has been logged over the desired flow range, City staff will retrieve instruments
from logger fixtures, package and ship back to REP in Colorado for data download and processing. Please be
advised that there is a risk that the loggers may be damaged, vandalized, stolen etc. and there is some level of data
loss risk inherent in this task.
Task 1 Labor - $10,800 Task 1 Expenses - $2,200
Task 2 Preliminary Design
REP will develop preliminary design plans based on the site field investigation, coordination with City staff, and
previous work at the site.
Preliminary Design Plans: The design will include preliminary project layout, dimensions, geometry, elevations,
and materials sufficient to estimate quantities, and allow for review by the City. Preliminary staging, access, and
water control plan will be included. The design will be developed in AutoCAD software and will be delivered as
PDF design plans.
Preliminary Construction Cost Estimate: Development of an estimate of construction costs based on estimated
materials quantities and other construction costs including dewatering and mobilization. At this design stage, it
will be a Class 4 construction cost estimate (AACE classification, expected accuracy range -30% to +50%).
Deliverables: Preliminary design PDF plans, preliminary construction cost estimate
Task 2 Labor - $14,400
Task 3 Feasibility Analysis and Memo
Concurrent with development of the preliminary design, REP will assess feasibility based on previous experience
at the site, intake water surface elevations, navigational safety, constructability, permitting considerations, and
other factors. This includes initial contact with regulatory agencies including the US Army Corps of Engineers and
Kansas Division of Water Resources (DWR) to determine necessary permits and timelines. Permit applications are
not included in this scope.
REP will prepare a technical memorandum summarizing the feasibility assessment and preliminary design
developed, including recommendations for next steps and timeline.
Deliverables: Technical memorandum
Task 3 Labor - $12,600
SUPPLEMENTAL SERVICES
Any work requested by the Owner that is not included in the Basic Services will be classified as Supplemental
Services. Supplemental Services shall include, but are not limited to the following.
Permitting, final design, and construction services.
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ATTACHMENT B
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Recreation Engineering & Planning
Project Number & Name: Kansas River Weir Improvements Project
COMPENSATION
For the services covered by this Agreement, the Owner agrees to pay the Engineer as follows:
A. For the Basic Services described in Attachment A, $40,000. Payments shall be made monthly in amounts
which are consistent with the amount of engineering services provided, as determined by the Engineer.
B. Compensation for Supplemental Services shall be made as defined below, when authorized in writing by
the Owner. The maximum limit for each item of additional service shall be established individually and
specifically agreed to by the Owner as stated below, unless the service is included in a subsequent
agreement.
Hourly rates for each classification as defined by the Engineer's rate schedule, see Attachment F. Hourly
charge rates are subject to adjustment annually on January 1. Overtime, when authorized by the Owner,
will be billed at 1.0 times the rates listed (non-engineer time only).
Reimbursable charges will be considered the amount of actual costs of expenses or charges, including
such items as staking materials, equipment rental, equipment hourly charges, mileage, toll telephone
calls, reproduction and similar project related expenses.
D. The entire amount of each statement shall be due and payable upon receipt by the Owner.
E. It is understood and agreed:
1. That the Engineer shall start the performance of Services within 10 days of receipt of a notice to
proceed and shall complete the work in accordance with the contract times set forth in Attachment
E, Project Schedule.
2. That the Engineer shall keep records on the basis of generally accepted accounting practice of
costs and expenses which records shall be available for inspection at all reasonable times.
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ATTACHMENT C
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Recreation Engineering & Planning
Project Number & Name: Kansas River Weir Improvements Project
OWNER'S RESPONSIBILITIES
The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items:
1. Make available to the Engineer all records, reports, maps, and other data pertinent to provision of the
services required under this contract.
2. Examine all plans, specifications and other documents submitted by the Engineer and render decisions
promptly to prevent delay to the Engineer.
3. Designate one City of Topeka employee as the Owner representative with respect to all services to be
rendered under this agreement. This individual shall have the authority to transmit instructions, receive
information and to interpret and define the Owner's policies and decisions pertinent to the Engineer's
services.
4. Issue notices to proceed to the Engineer for each phase of the design services.
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ATTACHMENT D
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Recreation Engineering & Planning
Project Number & Name: Kansas River Weir Improvements Project
SUPPLEMENTAL AGREEMENTS
Owner and Engineer agree that the following communications, representations, and agreements by Engineer,
whether oral or written, relating to the subject matter of the Agreement are hereby incorporated into and shall
become a part of the Agreement as set forth in ARTICLE 19 - INTEGRATION.
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ATTACHMENT E
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Recreation Engineering & Planning
Project Number & Name: Kansas River Weir Improvements Project
PROJECT SCHEDULE
Owner and Engineer recognize that time is of the essence of the Agreement and that Owner will suffer financial loss
if the work is not completed within the times stipulated herein, plus any extensions thereof. Accordingly, Engineer
has established time intervals, in calendar days, for submittals at various stages of the project as detailed below. As
each actual submittal date occurs, Engineer shall meet with Owner to discuss the progress of the work and the actual
submittal date shall be documented. If project is behind schedule, the reason shall be recorded. Engineer shall not
be responsible for the time required by Owner's representative to review Engineer's submittal. When review is
complete, Owner shall, in writing, authorize Engineer to proceed to the next submittal date. After final submittal
date, Engineer and Owner shall meet to evaluate Engineer's performance with regard to design schedule. An
Engineer's Project Performance Evaluation form shall be completed and acknowledged by both Owner and Engineer.
Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant selection for
City projects. Past performance shall be accounted for on the evaluation sheet used to rank consultants during the
interview process.
1. Schedule:
Work is anticipated to begin immediately upon receipt of a signed contract.
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ATTACHMENT F
TO
AGREEMENT FOR ENGINEERING SERVICES
Recreation Engineering & Planning 2024 Rate Schedule
Title Hourly Billing Rate
President / Principal Engineer $ 240.00
Senior Designer $ 180.00
Project Engineer $ 180.00
Graduate Engineer $ 180.00
2024 IRS Expense Reimbursement Rates
Mileage Rate (per mile) $ 0.670
Daily Lodging Rate $ 107.00
Meals & Total Daily $ 59.00
Incidentals First & Last Day of Travel $ 44.25
Direct expenses will be billed with no markup.
2024 Rate Schedule
Recreation Engineering and Planning
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-
POLICY JECT LOC PRODUCTS - COMP/OP AGG $
OTHER: $
COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTH-
STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-
POLICY JECT LOC PRODUCTS - COMP/OP AGG $
OTHER: $
COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTH-
STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
Scope of Work for Professional Services
Kansas River Weir Improvements
Topeka, Kansas
By Recreation Engineering & Planning (REP)
September 13, 2024
The following scope of work is for professional services to complete detailed design (60%),
floodplain impact analysis, and the development of select permit application documents to
support the Kansas River Weir Improvements Project. REP designed the weir modifications that
were constructed in two phases from August 2020 through May 2022. The constructed weir
improvements included a boat passage and fish passage channel, weir safety improvements,
and river access. The project was identified as City of Topeka project # T-281058.01.
Project Understanding
The weir improvements project included a lowering of the upstream water surface, primarily
due to the removal of the stop log from the low notch channel through the south side of the
weir. In the time since construction of the project, City of Topeka water plant operators have
noted cavitation in some of their pumps during periods of low river flows coupled with high
water demand.
REP completed an investigation into the re-installation of the stop log or another design solution
to increase water surface elevations upstream of the weir during low river flow conditions, while
maintaining the benefits of the weir improvements project, including public safety at the weir,
fish passage, and boat passage. The results of the investigation are summarized in the technical
memo dated 7/10/2024 and briefly summarized as follows. The reinstallation of the stoplog is
not cost efficient for the service life and a more robust design solution was advanced to
preliminary design and included in the technical memo package. This design solution is referred
to as the construction of a new crest cap structure.
Based on our understanding of the project and the current needs, the approach outlined below
includes estimated pricing to perform the required services through permit application
submittal and limited follow up responses and analysis and development of permit level (60%)
design plans. Additional and/or unanticipated permitting effort not included, final design, and
construction services will be required and are not included in this scope. Hours are estimated
not to exceed, only actual hours and expenses will be billed. A detailed fee breakdown by task
and personnel is attached.
Schedule
The work for this scope is anticipated to begin upon execution of this contract. If a notice to
proceed is not received within 6 months of the date of this proposal, REP reserves the right to
update rates and fees. The submittal of permit applications is time sensitive. Receiving permit
September 2024 Kansas River Weir Improvements Project Design Scope
Recreation Engineering and Planning 1
authorizations from relevant permitting agencies is expected to take 4 6 months or longer and
will be a driver of overall project schedule.
REP has prepared this scope to prioritize the path to permit application submittals. In-water
work cannot commence until permits are received.
Final design, technical specification development, and bidding can commence prior to receiving
permit authorizations. Therefore, these tasks have been excluded from this scope but can be
completed in a subsequent work authorization.
Task 1 Detailed Design (60% Design Development)
REP will advance the preliminary design plans dated 6/12/2024 to a 60% level to be delivered as
a PDF plan set. These plans will include sufficient detail for permit applications but not for
bidding or construction. The plans will include cross-sections, profiles, materials, construction
access / dewater details, etc. REP will develop a list of anticipated technical specifications.
Senior engineers to perform QA/QC. One virtual meeting to walk through the 60% design and
explain process and rationale, and one round of review and comment by the City is included.
Detailed Design Plans: The design will include detailed project layout, dimensions, geometry,
elevations, and materials sufficient to estimate quantities, and allow for review by the City.
Permit level staging, access, and water control plan will be included. The design will be
developed in AutoCAD software and will be delivered as PDF design plans.
60% Construction Cost Estimate: Development of an updated estimate of construction costs
based on estimated materials quantities and other construction costs including dewatering and
mobilization. At the 60% design stage, the cost estimate will be a Class 3 construction cost
estimate (AACE classification, expected accuracy range -20% to +30%).
Deliverables: Detailed design (60%) PDF plans, 60% construction cost estimate
Task 1 Labor - $16,620
Task 2 - Floodplain Impact Modeling
REP will perform hydraulic analysis to quantify floodplain impacts from the proposed project
and provide a no-rise certification if the proposed design meets the requirements. REP will
update the proposed conditions model to be consistent with the proposed design, perform an
updated floodplain impact hydraulic analysis, and develop a floodplain impact report detailing
the hydraulic analysis performed, and any floodplain impacts as a result of the proposed project.
The project will be designed to meet no-rise requirements if possible, and a no-rise certification
is included in this task.
For the purposes of this scope, we assume that a 1D HEC-RAS model of the appropriate reach of
the Kansas River is available and represents existing conditions reasonably well. It is assumed
that all floodplain analysis will be completed utilizing 1D HEC-RAS. It is assumed that the City will
provide REP with the most recent hydraulic model available for the reach.
September 2024 Kansas River Weir Improvements Project Design Scope
Recreation Engineering and Planning 2
Deliverables: No-Rise certification, Modeling Results.
Task 2 Labor - $13,980
Task 3 Permit Application Document Development
Permit Application Support: This scope assumes the City of Topeka will apply for all required
permits with REP listed as the agent. A 404 permit or modification from the US Army Corps of
Engineers (USACE) will be required. It is assumed that the project will be permitted through a
formal existing permit modification and an individual permit application will not be required. A
water structures permit will be required from the Kansas Division of Water Resources (DWR). An
action permit will be required from the Kansas Department of Wildlife, Parks, & Tourism
(KDWPT). It is anticipated a Floodplain Development Permit administered by the City of Topeka
will be required, supported by a no-rise analysis. REP will support the City with the following in
conjunction with each permit application:
US Army Corps of Engineers (USACE)
Request for permit modification: Previous Permit from 2020 - NWK-0-02211
Submit a formal permit modification request to Corps Permit NWK-0-02211.
Provide a written summary of the proposed modifications, purpose and need of such
changes.
Summary of temporary fills and removal of those fills, and summary/quantification of
any new/additional permanent fill along the river bank (linear feet) and within the river
bed (acreage) that are necessary to complete the modifications.
Permit level plansheets
Coordination with USACE.
Kansas Division of Water Resources (DWR)
Water Structure No. SSN-0078-L Modification & LSN-0203-S
60 % design plans
No-rise analysis
September 2024 Kansas River Weir Improvements Project Design Scope
Recreation Engineering and Planning 3
Kansas Department of Wildlife, Parks, & Tourism (KDWPT) Action Permit
Previous Action Permit No. 2017-21 (Amended in 2020)
New application for action permit
City of Topeka Floodplain Permit
Coordination with City representatives
No rise certification
Floodplain permit application
*This scope does not include KDHE Stormwater Permit To be completed by selected qualified
contractor.
Deliverables: Permit Application Documents
Additional Permitting Support: Following the submittal of the permit applications, it will be
necessary to answer agency questions and provide additional information as requested during
the permit application review process. This task includes up to 30 hours of additional permitting
support. If additional permitting support hours are required beyond 30 hours, REP will provide a
fee estimate to complete additional services at that time.
Task 3 Labor - $19,200
Total Tasks 1-3: $49,800
September 2024 Kansas River Weir Improvements Project Design Scope
Recreation Engineering and Planning 4
Professional Services Cost Estimate Kansas River Weir Improvements Recreation Engineering and Planning
September 2024
Name Gary Lacy, PE Mason Lacy, PE Jake Kabler, PE Riley Gelatt, PE
President / Principal
Role Project Engineer Project Engineer Project Engineer
Engineer
Billing Rate $ 240.00 $ 180.00 $ 180.00 $ 180.00
Total Hrs Total Fee
Kansas River Weir Improvements
Task 1 Detailed Design (60% Design Development)
Detailed Design Plans 2 25 25 25 77 $ 13,980
60% Construction Cost Estimate 2 2 5 5 14 $ 2,640
TOTAL Task 1 4 27 30 30 91 $ 16,620
Task 2 Floodplain Impact Modeling
Modeling Results 0 10 25 25 60 $ 10,800
No-Rise Certification 2 5 5 5 17 $ 3,180
TOTAL Task 2 2 15 30 30 77 $ 13,980
Task 3 Permit Application Document Development
Project meetings 2 5 5 5 17 $ 3,180
Pre-application coordination with agencies 0 5 2 2 9 $ 1,620
Permit Application Document Development 0 10 20 20 50 $ 9,000
Post submittal permitting support 0 10 10 10 30 $ 5,400
TOTAL Task 3 2 30 37 37 106 $ 19,200
Total Expenses: $ -
TOTAL PROJECT COSTS: $ 49,800
Note: The fees are estimated not to exceed. Each item will be billed at the hourly rates. Only actual expenses will be billed.
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
November 12, 2024
DATE: November 12, 2024
CONTACT PERSON: Sylvia Davis, Director DOCUMENT #:
of Utilities
SECOND PARTY/SUBJECT: Bartlett and West, Inc. PROJECT #: 281245.18
CATEGORY/SUBCATEGORY 007 Contracts and Amendments / 005 Professional Services
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
APPROVAL of a Utilities Engineering Contract between the City of Topeka and Bartlett and
West, Inc., in an amount not to exceed $175,000 for engineering services.
(Approval will authorize the City Manager to sign and execute the contract to provide for hydraulic water
modeling upgrades to the GIS integrated water distribution system project 281245.18.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the contract for professional services. Pursuant to TMC 3.30.010, all contracts for
professional services exceeding $50,000 must be approved by the Governing Body.
STAFF RECOMMENDATION:
Staff recommends the Governing Body approve the contract as part of the consent agenda.
BACKGROUND:
The City Utilities' water distribution system relies on computer-based hydraulic water models to conduct scientific
analyses for various operational and planning purposes, including master planning, water age and quality studies,
system optimization, water availability studies, ISO ratings for fire department hydrant pressures, emergency
scenario testing, and system flush planning. However, the current water model has not been regularly updated or
maintained since its initial development. It operates on a software platform that is no longer fully supported,
making the system outdated and inadequate to meet current and future needs. Given these challenges, it is
critical to upgrade the hydraulic water model promptly to ensure system reliability and performance.
Bartlett & West, Inc., which performed the original design work in 1998, has provided intermittent updates and
maintenance over the years. In the best interest of the City, staff recommend approval of a contract with Bartlett &
West, Inc., the most qualified consultant for this project, to complete the necessary upgrade. Their familiarity with
the existing model and expertise will help ensure a seamless transition to a modern, functional system. Approval of
this contract will allow the City to restore critical capabilities and optimize water distribution operations for
improved service delivery.
BUDGETARY IMPACT:
$175,000
SOURCE OF FUNDING:
2023 Capital Improvement Plan
Resolution 9226/9318
Rev Bonds
ATTACHMENTS:
Description
Proposed Contract
2023 CIP Pg 39 Project 281245
Contract 29432 (October 10, 1998)
Contract No.
Project No. 281245.18
CITY OF TOPEKA
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
STANDARD AGREEMENT
FOR
ENGINEERING SERVICES
THIS AGREEMENT, is between the City of Topeka, Kansas (Owner) and Bartlett & West, Inc. (Engineer);
WITNESSETH:
WHEREAS, the Owner wishes to employ the Engineer to perform professional engineering services on 281245.18
Hydraulic Water Model Upgrade. These services include the development of a new, GIS-integrated hydraulic model
of the water distribution system (the Project); and,
WHEREAS, the Owner requires certain engineering services in connection with the Project (the Services);
and,
WHEREAS, the Engineer is prepared to provide the Services;
NOW THEREFORE, in consideration of the promises contained in this Agreement, the Owner and Engineer.
agree to the following:
ARTICLE 1 - EFFECTIVE DATE
The effective date of this Agreement shall be
ARTICLE 2 - GOVERNING LAW
This Agreement shall be governed by the laws of the State of Kansas and the codes of the City of Topeka
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Contract No.
Project No. 281245.18
ARTICLE 3 - SERVICES TO BE PERFORMED BY ENGINEER
Engineer shall perform the Services described in Attachment A, Scope of Services, in accordance with applicable
sections of the City of Topeka Design Criteria and Drafting Standards of latest revision.
ARTICLE 4 - COMPENSATION
Owner shall pay Engineer in accordance with the Attachment B, Compensation.
ARTICLE 5
Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities.
ARTICLE 6 - SUPPLEMENTAL AGREEMENTS
The provisions set forth in Attachment D, Supplemental Agreements shall be incorporated into this Agreement.
ARTICLE 7 - PROJECT SCHEDULE
The provisions set forth in the Attachment E, Project Schedule shall be incorporated into this Agreement.
ARTICLE 8 - STANDARD OF CARE
Engineer shall exercise the same degree of care, skill, and diligence in the performance of Services as is ordinarily
possessed and exercised by a professional engineer under similar circumstances.
ARTICLE 9 - INDEMNIFICATION AND INSURANCE
Engineer hereby agrees to fully indemnify and hold harmless Owner and any of its departments, divisions, agencies,
officers, employees and elected officials from all loss, damage, cost, or expenses
fees and other expenses of litigation incurred by or on behalf of the Owner and any of its officers, employees or
elected officials arising out of Engineer's negligent performance of Services under this Agreement. Engineer
specifically agrees that this duty to indemnify and hold harmless will apply to the following:
a. Claims, suits, or action of every kind and description when such suits or actions arise from the
alleged negligent acts, errors, or omissions of the Engineer, its employees, agents, or
subcontractors.
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Contract No.
Project No. 281245.18
b. Injury or damages received or sustained by any party because of the negligent acts, errors, or
omissions of the Engineer, its employees, agents, or subcontractors.
Engineer shall purchase and maintain during the life of this Agreement, insurance coverage which will
satisfactorily insure him against claims and liabilities which arise because of the execution of this Agreement.
The insurance coverages are as follows:
(1) Commercial General Liability Insurance, with a limit of $1,000,000 for each occurrence and $2,000,000 in
the general aggregate.
(2) Automobile Liability Insurance, with a limit of $1,000,000 for each accident, combined single limit for
bodily injury and property damage.
(3) Worker's Compensation Insurance and Employer's Liability Insurance, in accordance with statutory
requirements, with a limit of $500,000 for each accident.
(4) Professional Liability Insurance, with a limit of $1,000,000 for each claim and aggregate.
Prior to issuance of the Notice to Proceed by Owner, Engineer shall have on file with Owner certificates of insurance
acceptable to Owner. Said certificates of insurance shall be filed with Owner in January of each year or may be
submitted with each agreement.
Engineer shall also maintain valuable papers insurance to assure the restoration of any plans, drawings, field notes
or other similar data relating to the work covered by this agreement, in the event of their loss or destruction, until
such time as the work has been delivered to the Owner.
Upon completion of all Services, obligations, and duties provided for in this Agreement, or if this Agreement is
terminated for any reason, the terms and conditions of this Article shall survive.
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Contract No.
Project No. 281245.18
ARTICLE 10 - LIMITATIONS OF RESPONSIBILITY
Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety
precautions and programs in connection with the Project, (2) the failure of any contractor, subcontractor, vendor, or
other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the Owner or to
comply with federal, state or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses
required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A,
Scope of Services.
ARTICLE 11 - OPINIONS OF COST AND SCHEDULE
Since Engineer has no control over the cost of labor, materials, or equipment furnished by others, or over the
resources provided by others to meet Project construction schedules, Engineer's opinion of probable construction
costs and of construction schedules shall be made on the basis of experience and qualifications as a professional
engineer. Engineer does not guarantee that proposals, bids, or actual Project construction costs will not vary from
Engineer's cost estimates or that actual construction schedules will not vary from Engineer's projected schedules.
ARTICLE 12 - REUSE OF DOCUMENTS
All documents, including, but not limited to, drawings, specifications, and computer software prepared by Engineer
pursuant to the Agreement are instruments of service in respect to the Project. They are not intended or represented
to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without
prior written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and
without liability or legal exposure to Engineer. Any verification or adaptation requested by Owner shall entitle
Engineer to compensation at rates to be agreed upon by Owner and Engineer.
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Project No. 281245.18
ARTICLE 13 - OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Except as otherwise provided herein, engineering documents, drawings, and specifications prepared by Engineer as
part of the Services shall become the sole property of Owner, however, that both Owner and Engineer shall have the
unrestricted right to their use. Engineer shall retain its rights in its standard drawing details, specifications, data
bases, computer software, and other proprietary property protected under the copyright laws of the United States.
Rights to intellectual property developed, utilized, or modified in the performance of services shall remain the
property of Engineer. Owner shall have the unlimited right to the use of intellectual property developed, utilized,
or modified in the performance of the Services at no additional cost to the Owner.
ARTICLE 14 - TERMINATION
This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other
party to perform in accordance with the terms of this Agreement. The nonperforming party shall have fifteen
calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other
party. Owner may terminate or suspend performance of this Agreement for Owner's convenience upon written
notice to Engineer. Engineer shall terminate or suspend performance of the Services on a schedule acceptable to
Owner. If termination or suspension is for Owner's convenience, Owner shall pay Engineer for all Services
performed prior to the date of the termination notice. Upon restart, an adjustment acceptable to Owner and Engineer
shall be made to Engineer's compensation.
ARTICLE 15 - DELAY IN PERFORMANCE
Neither Owner nor Engineer shall be considered in default of the Agreement for delays in performance caused by
circumstances beyond the reasonable control of the nonconforming party. For purposes of this Agreement, such
circumstances include abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, or other civil
disturbances; sabotage, judicial restraint, and inability to procure permits, licenses, or authorizations from any local,
state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either
Owner or Engineer under this Agreement.
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Contract No.
Project No. 281245.18
Should such circumstances occur, the nonconforming party shall, within a reasonable time of being prevented from
performing, give written notice to the other party describing the circumstances preventing continued performance
and the efforts being made to resume performance of the Agreement.
For delays in performance by Engineer, as set forth in Attachment E, Project Schedule, which are caused by
circumstances which are within its control, such delays shall be documented on the Engineer's Project Performance
Evaluation form. Said form shall be completed at the conclusion of Project and acknowledged by both Owner and
Engineer. Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant
selection for City projects.
In the event Engineer is delayed in the performance of Services because of delays caused by Owner, Engineer shall
have no claim against Owner for damages or contract adjustment other than an extension of time.
ARTICLE 16 - COMMUNICATIONS
Any communication required by this Agreement shall be made in writing to the address specified below:
Engineer: Cory P. Schoffelman, P.E.
1200 SW Executive Drive, Topeka, Kansas 66615
(785) 272-2252
Owner: City of Topeka City Clerk
215 SE 7th Street, Room 166
Topeka, KS 66603
(785) 368-3940
With a Copy to: City of Topeka Utilities Department
3245 NW Waterworks Drive
Topeka, KS 66606
(785) 368-3111
Nothing contained in the Article shall be construed to restrict the transmission of routine communications
between representatives of Engineer and Owner.
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Project No. 281245.18
ARTICLE 17 - WAIVER
A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall not
affect the waiving party's rights with respect to any other or further breach.
ARTICLE 18 - SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event
rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any
other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and
the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular
portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions
of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of
this Agreement be determined void.
ARTICLE 19 - INTEGRATION
This Agreement represents the entire and integrated agreement between Owner and Engineer. All prior and
contemporaneous communications, representations, and agreements by Engineer, whether oral or written, relating
to the subject matter of this Agreement, as set forth in Attachment D, Supplemental Agreements are hereby
incorporated into and shall become a part of this Agreement
ARTICLE 20 - SUCCESSORS AND ASSIGNS
Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators,
assigns, and legal representatives to the other party of this Agreement and to the directors, officers, partners,
successors, executors, administrators, assigns, and legal representatives of such other party in respect to all
provisions of this Agreement.
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Project No. 281245.18
ARTICLE 21 - ASSIGNMENT
Neither Owner nor Engineer shall assign any rights or duties under this Agreement without the prior written consent
of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will release or
discharge the assignor from any obligation under this Agreement. Nothing contained in this Article shall prevent
Engineer from employing independent consultants, associates, and subcontractors to assist in the performance of the
Services; however, other agreements to the contrary notwithstanding, in the event Engineer employs independent
consultants, associates, and subcontractors to assist in performance of the Services, Engineer shall be solely
responsible for the negligent performance of the independent consultants, associates, and subcontractors so
employed.
ARTICLE 22 - THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Engineer.
ARTICLE 23 RELATIONSHIP OF PARTIES
Nothing contained herein shall be construed to hold or to make the Owner a partner, joint venturer, or associate of
Engineer, nor shall either party be deemed the agent of the other, it being expressly understood and agreed that the
relationship between the parties hereto is and shall at all times remain contractual as provided by the terms and
conditions of this Agreement.
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Contract No.
Project No. 281245.18
IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement.
CITY OF TOPEKA BARTLETT & WEST, INC
Owner Engineer
By: Robert M. Perez, Ph.D. By:
City Manager
Title Title
Date: Date:
Attest: Attest:
City Clerk, Brenda Younger
APPROVED AS TO FORM AND LEGALITY
DATE______________ BY___________________
C&P DIRECTOR
___________
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Contract No.
Project No. 281245.18
ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 281245.18 Hydraulic Water Model Upgrade
SCOPE OF SERVICES
The project is specifically defined below:
The Engineer will develop a GIS-integrated hydraulic model of the water distribution system using
customer usage data.
BASIC SERVICES
The Engineer agrees to provide the following basic services.
Task 1. Construct GIS-Integrated Model
Coordinate with Owner to review existing GIS Water layers, determine which layers will be integrated
into the hydraulic model, and determine what data will be conveyed from GIS to the hydraulic model.
Following the initial and check transfers, provide the Owner with a summary of potential GIS
changes/corrections flagged by the software (Owner to make corrections).
Task 2. Characterize Pipes and Special Elements
Assign every pipe a C factor (i.e. friction coefficient) based on pipe material, pipe age, and C factors
assigned in the existing model.
Characterize tanks, reservoirs, pumps, and control valves using relevant information included in the
existing hydraulic model (e.g. elevations, dimensions, pumping curves, operational set points, etc).
Review and update tank, reservoir, pump, and control valve characteristics, including gaging tables,
performance curves, and operational set-points, as provided by the Owner.
Task 3. Define Junction Elevations
Assign an elevation to all junctions using the latest Shawnee County digital elevation map (DEM) or
Owner-provided elevation data source.
Task 4. Allocate System Demands
Format Owner-provided usage data for import into model. Individual data points must include a unique
identifier (e.g. water meter number, parcel number, or street address).
Develop -
using the unique identifier.
Allocate system demands.
Manually assign unrelated demands; 570 anticipated (i.e. 0.1%).
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Contract No.
Project No. 281245.18
custom demand curves for those users as necessary.
Task 5. Optimize Model Output
Compare the output from the model to the Owner-provided SCADA data and fire hydrant flow testing
results.
Optimize model performance by making local and/or global adjustments to C factors
data.
Provide Owner with a summary of the results from optimization.
Task 6. Setup s
Develop an extended period simulation (EPS) scenarios for the current
demands.
Task 7. Output Review and Delivery
Review output from new hydraulic model and compare to output from existing hydraulic model.
Summarize notable differences between output from new hydraulic model and output from existing
hydraulic model.
Develop standard operating procedure for future model updates.
Transfer one (1) copy of electronic modeling files to Owner.
ALTERNATE SERVICES
If required and/or requested by the Owner to complete the BASIC SERVICES, the Engineer will provide the
following ALTERNATE SERVICES at the fee amounts listed in Attachment B.
A. Make GIS Changes/Corrections
Review each item included in the initial summary of the potential GIS changes/corrections prepared as
part of Task 1 and determine if a change or correction is necessary.
Meet with City staff to review proposed changes/corrections.
all verified changes/corrections (maximum of 500).
B. Fire Hydrant Flow Testing
Coordinate with Owner to identify 50 locations for fire hydrant flow testing.
Develop fire hydrant flow testing data forms.
Provide a team of two to perform 50 fire hydrant flow tests. Provide two pressure gauges and a means for
measuring flow.
diffuser as necessary.
SUPPLEMENTAL SERVICES
Any work requested by the Owner that is not included in the Basic Services or Alternate Services will be classified
as Supplemental Services. Supplemental Services shall include, but are not limited to the following.
Making changes to GIS layers other than those changes identified during initial model construction.
Field investigations other than fire hydrant flow testing.
Final calibration of the model (i.e. any effort required to calibrate the model or portions of the model
beyond making local and/or global adjustments to C factors).
the data points).
Review of individual customer usage history beyond that included in Basic Services.
Review of and revisions to customer-specific demand curves beyond that included in Basic Service.
Page 11 of 16 10/16/2024 6:22:53 AM
Contract No.
Project No. 281245.18
Development of new customer-specific demand curves.
Development of any other scenarios including future demand scenarios, future improvement scenarios,
ios.
Future model updates and transfer of updated electronic modeling files to Owner on an annual basis or
semi-annual basis.
Review and utilization of City-obtained fire hydrant pressure and/or flow information to check model
calibration during future model updates.
Page 12 of 16 10/16/2024 6:22:53 AM
Contract No.
Project No. 281245.18
ATTACHMENT B
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 281245.18 Hydraulic Water Model Upgrade
COMPENSATION
For the services covered by this Agreement, the Owner agrees to pay the Engineer as follows:
A1. For the Basic Services described in Attachment A, an amount equal to the cumulative hours charged to the
or each applicable
billing class, plus reimbursable expenses. The total fee shall not exceed $108,000.00.
A2. For the Alternative Services an amount equal to the cumulative hours
charged to the project by each class of Engi
each applicable billing class, plus reimbursable expenses. The total fee shall not exceed $22,000.00.
A3. an amount equal to the cumulative hours charged
applicable billing class, plus reimbursable expenses. The total fee shall not exceed $45,000.00.
B. Compensation for Supplemental Services shall be made as defined below, when authorized in writing by
the Owner. The maximum limit for each item of additional service shall be established individually and
specifically agreed to by the Owner as stated below, unless the service is included in a subsequent
agreement.
C. Hourly rates for each classification as defined by the Engineer's rate schedule, see Attachment F. Hourly
charge rates are subject to adjustment annually on January 1. Overtime, when authorized by the Owner,
will be billed at 1.5 times the rates listed (non-engineer time only).
Reimbursable charges will be considered the amount of actual costs of expenses or charges, including
such items as staking materials, equipment rental, equipment hourly charges, mileage, toll telephone
calls, reproduction and similar project related expenses.
D. The entire amount of each statement shall be due and payable upon receipt by the Owner.
E. It is understood and agreed:
1. That the Engineer shall start the performance of Services within 10 days of receipt of a notice to
proceed and shall complete the work in accordance with the contract times set forth in Attachment
E, Project Schedule.
2. That the Engineer shall keep records on the basis of generally accepted accounting practice of
costs and expenses which records shall be available for inspection at all reasonable times.
Page 13 of 16 10/16/2024 6:22:53 AM
Contract No.
Project No. 281245.18
ATTACHMENT C
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 281245.18 Hydraulic Water Model Upgrade
OWNER'S RESPONSIBILITIES
The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items:
1. Make available to the Engineer all records, reports, maps, and other data pertinent to provision of the
services required under this contract.
2. Examine all plans, specifications and other documents submitted by the Engineer and render decisions
promptly to prevent delay to the Engineer.
3. Designate one City of Topeka employee as the Owner representative with respect to all services to be
rendered under this agreement. This individual shall have the authority to transmit instructions, receive
information and to interpret and define the Owner's policies and decisions pertinent to the Engineer's
services.
4. Issue notices to proceed to the Engineer for each phase of the design services.
5. Personnel for making all necessary corrections to GIS layers that are not specifically addressed by the
Engineer as part of the Basic services or Alternate Services.
6. Historical customer usage data (12 months minimum) in an .xlsx file (Excel) or .gdb file (goedatabase).
7. Personnel and equipment necessary for completing the fire hydrant flow testing that are not provided by
the Engineer.
8. Design characteristics for existing storage and pumping facilities including gauging tables, pump design
points, and pump performance curves.
9. Current operational parameters (i.e. pump on/off set points, PRV set points, zone boundary limits, etc.).
10. SCADA data corresponding to each fire hydrant flow test.
Page 14 of 16 10/16/2024 6:22:53 AM
Contract No.
Project No. 281245.18
ATTACHMENT D
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 281245.18 Hydraulic Water Model Upgrade
SUPPLEMENTAL AGREEMENTS
Owner and Engineer agree that the following communications, representations, and agreements by Engineer,
whether oral or written, relating to the subject matter of the Agreement are hereby incorporated into and shall
become a part of the Agreement as set forth in ARTICLE 19 - INTEGRATION.
Page 15 of 16 10/16/2024 6:22:53 AM
Contract No.
Project No. 281245.18
ATTACHMENT E
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 281245.18 Hydraulic Water Model Upgrade
PROJECT SCHEDULE
Owner and Engineer recognize that time is of the essence of the Agreement and that Owner will suffer financial loss
if the work is not completed within the times stipulated herein, plus any extensions thereof. Accordingly, Engineer
has established time intervals, in calendar days, for submittals at various stages of the project as detailed below. As
each actual submittal date occurs, Engineer shall meet with Owner to discuss the progress of the work and the actual
submittal date shall be documented. If project is behind schedule, the reason shall be recorded. Engineer shall not
be responsible for the time required by Owner's representative to review Engineer's submittal. When review is
complete, Owner shall, in writing, authorize Engineer to proceed to the next submittal date. After final submittal
date, Engineer and Owner shall meet to evaluate Engineer's performance with regard to design schedule. An
Engineer's Project Performance Evaluation form shall be completed and acknowledged by both Owner and Engineer.
Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant selection for
City projects. Past performance shall be accounted for on the evaluation sheet used to rank consultants during the
interview process.
1. Schedule: Engineer will construct the hydraulic model and deliver to Owner based on the following
schedule:
a. Tasks 1 thru 3 Engineer will complete Tasks 1 thru 3 within 90 days of receipt of the Notice to Proceed
by Owner. Assumes two weeks for Owner to complete changes/corrections flagged by the software
b. Tasks 4 and 5 Engineer will complete Tasks 4 and 5 within 30 days of completing Task 3. Assumes
Owner has provided all documentation outlined in Attachment C.
c. Tasks 6 and 7 Engineer will complete Tasks 6 and 7 within 30 days of completing Task 5.
Page 16 of 16 10/16/2024 6:22:53 AM
x x
10.03.2024 12.31.2025
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-
POLICY JECT LOC PRODUCTS - COMP/OP AGG $
OTHER: $
COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTH-
STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-
POLICY JECT LOC PRODUCTS - COMP/OP AGG $
OTHER: $
COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTH-
STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
Capital Improvement Project Summary
Project Name: Annual Water Main Replacement Program Council Priority: Investing in Infrastructure
Project Number: 281245.00 Project Year(s): 2023-2032
Department: Utilities Estimated Useful Life: 100 Year(s)
Division: Water Contact: Duncan Theuri
Council District(s): Multiple New to CIP? No
Type: Repair/Replace If Not New, First Year in CIP: Prior to 2010
Project Status: Construction Previously Approved in CIB: $13,250,000
Primary Funding Source: Revenue Bonds New Money in CIB: $4,873,750
Estimated Operating Cost Total Current CIB: $18,123,750
CIP Years 4-10: $52,040,000 Total Project Cost: $70,163,750
Project Description:
The Water Main Replacement Program focuses on restoring water mains located in areas with extensive break and repair histories. In recent years, water main breaks have become more prevalent
due to the aging infrastructure. In recent years, water main breaks have become more prevalent due to the aging infrastructure. Based on historic studies and experience in the United States, the
average useful life for water mains ranges between 75-100 years, depending upon local soil and environmental conditions. Beyond this period, failure is imminent. This project will also involve
activities to improve public education on risks from lead while evaluating materials throughout the distribution system to ensure that customers are receiving the highest quality water. The Lead
and Copper Rule Revisions (LCRR) encompasses water quality evaluations, distribution system materials assessment and replacements in both public and private water service lines.
Project Justification:
Data obtained using Fracta, a technology solution which utilizes information on the City's pipelines in combination with other data to determine the probability of failure for each segment of main throughout the
water system, is used to assist in determining projects in the program. Citizen and Council requests vary annually, but they are common place as citizens are highly inconvenienced by water main breaks.
Replacement program efforts will also focus on needed replacements associated with half cent sales tax and other priority street improvement projects to be implemented by the City Engineering Division. There is
approximately $3.38M remaining in previous annual programs, however, all but $754K of this is accounted for in planned projects. Grant money may be available through the American Rescue Plan Act for the water
main program. Replacing aged water infrastructure improves water quality throughout the City and improves fire flow protection. Employing a proactive approach to replacing water mains will result in reduced
operations costs as the number of emergency repairs are reduced. Sub-projects in the CIP period are planned to include but not limited to: SW 17th St, MacVicar to I-470, Montara Northway and Woodglen St,
between Arvonia Pl and 38th Pl.
History:
Topeka's water distribution system consists of nearly 890 miles of transmission and neighborhood distribution water mains ranging in size from 2 to 48 inches in diameter. Assuming the optimal
asset life span of 100 years, an annual replacement program approaching nine (9.0) miles per year is required to mitigate continued progressive water main break rates. On average, Topeka has
experienced a break rate of 3.8 times that of the AWWA average over the last five years. Breaks increase operational costs.
Measures Time/Location Infrastructure Council Priority Impact on Budget Equity External Funding Total Score (0-100)
Score 2.25 3.75 3.5 2.75 1.5 2.5 70
Project Estimates 2023 2024 2025 2026 2027 2028-2032 Total CIP
Design/Admin Fees $ 642,385 $ 550,000 $ 550,000 $ 557,895 $ 711,360 $ - $ 3,011,640
Right of Way $ 16,352 $ 135,000 $ 135,000 $ 150,203 $ 191,520 $ - $ 628,074
Construction/Service Fees $ 5,841,263 $ 4,315,000 $ 4,315,000 $ 4,291,902 $ 5,472,120 $ 40,200,000 $ 64,435,285
Contingency $ - $ - $ - $ - $ - $ - $ -
Technology $ - $ - $ - $ - $ - $ - $ -
Financing Costs (Temp Notes) $ - $ - $ - $ - $ - $ - $ -
Cost of Issuance (Rev/GO Bonds) $ 119,625 $ 80,000 $ 46,000 $ 19,000 $ 58,500 $ - $ 323,125
Debt Reserve Fund (Rev Bond) $ 598,125 $ 400,000 $ 380,000 $ 95,000 $ 292,500 $ - $ 1,765,625
Capitalized Interest $ - $ - $ - $ - $ - $ - $ -
Totals $ 7,217,750 $ 5,480,000 $ 5,426,000 $ 5,114,000 $ 6,726,000 $ 40,200,000 $ 70,163,750
Financing Sources 2023 2024 2025 2026 2027 2028-2032 Total CIP
G.O. Bonds and or ARPA $ - $ - $ - $ - $ - $ - $ -
Revenue Bonds and or ARPA $ 6,699,000 $ 4,480,000 $ 4,226,000 $ 1,064,000 $ 3,276,000 $ - $ 19,745,000
Fix Our Streets Sales Tax $ - $ - $ - $ - $ - $ - $ -
Countywide JEDO Sales Tax $ - $ - $ - $ - $ - $ - $ -
Operating Fund General $ - $ - $ - $ - $ - $ - $ -
Operating Fund Facilities $ - $ - $ - $ - $ - $ - $ -
Operating Fund Fleet $ - $ - $ - $ - $ - $ - $ -
Operating Fund IT $ - $ - $ - $ - $ - $ - $ -
Operating Fund Parking $ - $ - $ - $ - $ - $ - $ -
Operating Fund Stormwater $ - $ - $ - $ - $ - $ - $ -
Operating Fund Wastewater $ - $ - $ - $ - $ - $ - $ -
Operating Fund Water $ 518,750 $ 1,000,000 $ 1,200,000 $ 4,050,000 $ 3,450,000 $ 40,200,000 $ 50,418,750
Federal Funds $ - $ - $ - $ - $ - $ - $ -
G.O. Bonds - Special $ - $ - $ - $ - $ - $ - $ -
Totals $ 7,217,750 $ 5,480,000 $ 5,426,000 $ 5,114,000 $ 6,726,000 $ 40,200,000 $ 70,163,750
34
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
November 12, 2024
DATE: November 12, 2024
CONTACT PERSON: Sylvia Davis, Utilities DOCUMENT #:
Department Director
SECOND PARTY/SUBJECT: Amending the 2025- PROJECT #: 281361
2034 CIP and 2025-2027
CIB to include Project
for Lead Service Line
Replacement Project
CATEGORY/SUBCATEGORY 020 Resolutions / 004 Public Improvements
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
RESOLUTION introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia
Ortiz, David Banks and Neil Dobler, amending the 2025-2034 Capital Improvement Plan (CIP) and 2025-
2027 Capital Improvement Budget (CIB) to include Project No. 281361. (The Public Infrastructure
Committee recommended approval on October 15, 2024.)
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval would amend the CIP/CIB to add the project and authorize the total project budget in the
amount of $74,280,000.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to adopt the committee’s recommendation.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
At its meeting on October 15, 2024, the Public Infrastructure Committee approved the request to amend the
Capital Improvement Plan (CIP) and Capital Improvement Budget (CIB) to include Project No. 281361 related to
Lead Service Line Replacement.
BUDGETARY IMPACT:
$74,280,000 is the maximum amount. Based on the the current status of the lead service line inventory, we will not
need all of the funding that is available. It is possible 50% of the loan principle could be forgiven.
SOURCE OF FUNDING:
Kansas Public Water Supply Loan Fund
ATTACHMENTS:
Description
Resolution & Exhibit A
PHS Committee Report (October 15, 2024)
PHS Committee Excerpt (October 15, 2024)
1 RESOLUTION NO. ___________
2
3 A RESOLUTION introduced by the Public Infrastructure Committee comprised of
4 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler,
5 amending the 2025-2034 CIP and the 2025-2027 CIB for the Lead
6 Service Line Replacement Project.
7
8 WHEREAS, the Governing Body adopted Resolution No. 9520 approving the 2025-
9 2033 Capital Improvement Program (CIP) and the 2025-2027 Capital Improvement Budget
10 (CIB); and
11 WHEREAS, staff has requested to add an additional project; and
12 WHEREAS, at its meeting on October 15, 2024, the Public Infrastructure Committee
13 favorably considered staff’s request to amend the CIP/CIB.
14 NOW, THEREFORE, BE IT RESOLVED, BY THE GOVERNING BODY OF THE
15 CITY OF TOPEKA, KANSAS, that the 2025-2034 CIP and 2025-2027 CIB, as approved by
16 Resolution No. 9520, be amended to include Project No. 281361 for the Lead Service Line
17 Replacement Project as further described by the project summary attached herein and
18 incorporated by reference in Exhibit A.
19 ADOPTED and APPROVED by the Governing Body on _____________________.
20 CITY OF TOPEKA, KANSAS
21
22
23
24 Michael A. Padilla, Mayor
25 ATTEST:
26
27
28 ______________________________
29 Brenda Younger, City Clerk
RES/Amend 2025-2027 CIP-CIB 9/27/24 1
LSL Replacement
EXHIBIT A
COMMITTEE REFERRAL SHEET
COMMITTEE REPORT
Name of Public Infrastructure
Committee:
Title: RESOLUTION – Lead Service Line Replacement and
Amendment of the 2025 CIP Project No. 281361.00
Date referred
from Council
meeting:
Date referred October 15, 2024
from
Committee:
Committee MOTION: Committee member Ortiz made a motion to
Action: approve the request for Resolution amending the 2025-
2034 CIP and the 205-2027 CIB for the Lead Service Line
Replacement Project. Committee member Banks seconded.
Approved 2-0-0.
Comments: Committee member Dobler was absent.
Amendments:
Members of Councilmembers Sylvia Ortiz (Chair), David Banks, and
Committee: Neil Dobler
Agenda Date November 12, 2024
Requested:
CITY OF TOPEKA
CITY COUNCIL Tonya Bailey, Sr Executive Assistant
City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
(785) 368-3710 www.topeka.org
EXCERPT
CITY OF TOPEKA, Topeka, Kansas, Tuesday, October 15, 2024. The Public
Infrastructure Committee members met at 11:00 A.M. with the following Committee members
present: Sylvia Ortiz (Chair), and David Banks. Absent: Committee member Neil Dobler.
The following is an excerpt of the draft minutes from the meeting:
APPROVAL of the Resolution amending the 2025-2034 CIP and the 2025-2027 CIB for
the Lead Service Line Replacement Project.
Lead Service Line replacement and Amendment of the 2025 CIP Project No. 281361.00
Sylvia Davis, Utilities Director, reported the Lead & Copper Rule Revisions (LCRR)
announcement was presented at the Governing Body meeting October 1, 2024. She added the
City would receive a $74 million State Revolving Fund Loan with a 50% fund match
requirement from the City of Topeka. There is a need for Resolution to amend the 2025-2034
and the 2025-2027 CIB for the Lead Service Line Replacement Project. She added the program
is set for a ten-year program, and coincides with the compliance schedule.
MOTION: Committee member Ortiz made a motion to approve the request. Committee member
Banks seconded. Approved 2-0-0.
***************************
Presented at the November 12, 2024 Governing Body Meeting Page 1
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
November 12, 2024
DATE: November 12, 2024
CONTACT PERSON: Sylvia Davis, Utilities DOCUMENT #:
Department Director
SECOND PARTY/SUBJECT: Kansas Public Water PROJECT #:
Supply Loan Fund
administered by KDHE
CATEGORY/SUBCATEGORY 020 Resolutions / 004 Public Improvements
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
PUBLIC HEARING concerning a proposed loan in an amount not to exceed $74,280,000 to be taken by
the City of Topeka from the Kansas Public Water Supply Loan Fund administered by Kansas
Department of Health and Environment (KDHE) pursuant to KSA 65-163c et seq.
RESOLUTION introduced by City Manager Dr. Robert M. Perez, authorizing the filing of an application
to the Kansas Department of Health and Environment regarding a loan from the Kansas Public Water
Supply Loan Fund.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval would authorize City staff to proceed with the preparation and execution of a loan agreement with
KDHE for the purposes of permanently financed costs related to inventorying or replacing lead service lines.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to authorize City staff to proceed with the preparation and execution of a loan agreement with KDHE for
the purposes of permanently financed costs related to inventorying or replacing lead service lines.
STAFF RECOMMENDATION:
Staff recommends the Governing Body conduct the public hearing and approve the resolution.
BACKGROUND:
The loan will permanently finance Utilities Project No. 281361 up to the amount of $74,280,000 from the Kansas
Public Water Supply Loan Fund (KPW SLF), with an estimated $37,585,680 in loan forgiveness.
BUDGETARY IMPACT:
Debt service for permanently financed inventorying or replacing lead service lines projects would be scheduled
over a 20-year period and payments would be structured through the appropriate utility fund.
SOURCE OF FUNDING:
Debt service will be paid through the water utility fund and is funded by associated fees.
ATTACHMENTS:
Description
Public Hearing Notice (September 30, 2024)
Resolution
State Revolving Fund Loan Project Listing
Proof of Publication - Topeka Metro Newspaper September 30, 2024
KPWSLF Loan Application
(Published in the Topeka Metro Newspaper September 30, 2024)
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Governing Body of the City of Topeka, Kansas, will conduct
a public hearing on November 12, 2024, at 6:00 PM at the following location:
Cyrus K. Holliday Building
620 SE Madison Street
First Floor Conference Room (Holliday West)
Topeka, Kansas, 66603
regarding a proposed loan in an amount not to exceed $74,280,000 (the “Loan”) to be taken by the
City of Topeka from the Kansas Public Water Supply Loan Fund (the “Fund”) administered by
the Kansas Department of Health and Environment (“KDHE”) pursuant to K.S.A. 65-163c et seq.
The City of Topeka has made preliminary application to KDHE for the Loan, the proceeds of
which will be used by the City of Topeka to finance certain modifications and improvements (the
“Project”) to the City of Topeka’s water supply and distribution system (the “System”), and to pay
interest during construction of the Project. Further information regarding the nature and scope of
the Project, the source of revenues pledged to secure the Loan, the City of Topeka’s financial
information, the City of Topeka’s water conservation plan, environmental impact information
which could qualify for a categorical exclusion, the proposed Loan documents, and the schedule
of rates proposed by the Governing Body to enable the City of Topeka to meet its financial
obligations for the Loan are available for public inspection and copying at any time during normal
business hours at the address set forth below.
The Governing Body will not adopt a resolution authorizing the completion of the Loan
application and the execution and delivery of the Loan documents until after the conclusion of the
public hearing described in this Notice.
All persons having an interest in this matter will be given an opportunity to be heard at the
time and place herein specified.
Dated: September 30, 2024
City Clerk’s Office,
215 SE 7th Street, Room 012B
Topeka, Kansas, 66603
City of Topeka, KANSAS
/s/ Brenda Younger_____________
Brenda Younger, City Clerk
RESOLUTION NO.__________
A RESOLUTION introduced by City Manager Dr. Robert M. Perez authorizing the
completion of an application to the Kansas Department of Health and
Environment regarding a loan from the Kansas Public Water Supply
Loan Fund.
WHEREAS, the City of Topeka Kansas (the “[City/District]”) is a duly incorporated
City of the First Class, organized under the laws of the state of Kansas (the “State”) which
operates a public water supply and distribution system (the” System”); and
WHEREAS, the City Council (the “Governing Body”) of the City has heretofore
determined in to be in the best needs of the customers of the System to undertake certain
modifications and improvements (the “Project”) to the System; and
WHEREAS, the pursuant to K.S.A. 65-163c et seq. (the “Act”), the Kansas
Department of Health and Environment (“KDHE”) administers the Kansas Public Water
Supply Loan Fund (the “Fund”) from which loans are made to certain qualified Municipalities
(as said term is defined in the Act) to finance modification and improvements to public water
supply systems; and
WHEREAS, the City has heretofore made an application to KDHE for a loan in an
amount not to exceed $74,280,000 (the “Loan”) to finance the Project; and
WHEREAS, the Governing Body has conducted a public hearing on November 12,
2024, on the advisability of proceeding with the completion of the application for the Loan
and desires to authorize the appropriate officials of the City to accomplish the completion
process.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF TOPEKA,
KANSAS, AS FOLLOWS:
RES/KPWSLF application 10/22/2024 1
Section 1. Loan Application. The Mayor, City Manager or designee of the City are
hereby authorized to cause to be prepared and to execute a Loan Application, including all
attachments thereto (jointly, the “Application”); in substantially the form presented to the
Governing Body this date, in order to provide financing for the Project. The Application shall
be forwarded to KDHE as soon as possible.
Section 2. Further Proceedings. The Mayor, City Clerk, City Manager, and the other
officers and representatives of the City are hereby authorized and directed to take such other
action as may be necessary to complete the Application and to coordinate processing of a
loan agreement for the Loan (the “Loan Agreement”); provided that the authorization to
execute the Loan Agreement shall be subject to further resolution of the Governing Body.
Section 3. Further Authority. This Resolution shall be in full force and effect from and
after its adoption.
ADOPTED and APPROVED by the Governing Body on ______________________.
CITY OF TOPEKA, KANSAS
Michael A. Padilla, Mayor
ATTEST:
______________________________
Brenda Younger, City Clerk
RES/KPWSLF application 10/22/2024 2
Capital Improvement Project Summary
Project Name: LSL Replacement Department: Utilities
Project Number: 281361.00 Division: Water
Primary Funding Source: SRF Contact: Duncan Theuri
Multiple Funds: No New Project? Yes
Council District(s): Multiple 1st CIP Year:
Type: Project
Project Description & Justification:
The Lead Service Line Replacement Project aims to replace lead service lines throughout the City of Topeka. The project will address both city-owned and privately-owned service lines. Specifically, it will target the
replacement of 135 known city-owned lead service lines, as well as up to an additional 1,598 city-owned service lines where the material is currently being determined through ongoing inventory processes. In addition to city-
owned lines, the project is exploring the possibility of offering financial assistance for the replacement of customer-owned lead service lines with assistance targeted to households that meet LMI requirements. The amount of
assistance available will be dependent on the number of qualifying households, and the amount of SRF loan forgiveness, which is estimated at 50% . There are 219 customer-owned lead service lines that have been identified,
as well as approximately 4,600 customer-owned lines of unknown material that are being determined though ongoing inventory processes. Replacing these lines in accordance with the Revised Lead and Copper Rule reduces
health risks associated with potential lead exposure and modernizes water infrastructure.
Measures Time/Location Infrastructure Priority Budget Impact Equity Ext. Funding Total Score
Score 0
Project Estimates >2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Total Cost
Design/Admin Fees $ - $ - $ 1,243,500 $ 1,243,500 $ 1,243,500 $ 1,243,500 $ 1,243,500 $ 1,243,500 $ 1,243,500 $ 1,243,500 $ 1,243,500 $ 1,243,500 $ 12,435,000
Right of Way $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Construction/Service Fees $ - $ - $ 4,516,554 $ 4,516,554 $ 4,516,554 $ 4,516,554 $ 4,516,554 $ 4,516,554 $ 4,516,554 $ 4,516,554 $ 4,516,554 $ 4,516,554 $ 45,165,536
Contingency $ - $ - $ 785,500 $ 785,500 $ 785,500 $ 785,500 $ 785,500 $ 785,500 $ 785,500 $ 785,500 $ 785,500 $ 785,500 $ 7,855,000
Technology $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Financing Costs (Temp Notes) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Cost of Issuance (SRF) $ - $ - $ 148,560 $ 148,560 $ 148,560 $ 148,560 $ 148,560 $ 148,560 $ 148,560 $ 148,560 $ 148,560 $ 148,560 $ 1,485,600
Debt Reserve Fund (SRF) $ - $ - $ 733,886 $ 733,886 $ 733,886 $ 733,886 $ 733,886 $ 733,886 $ 733,886 $ 733,886 $ 733,886 $ 733,886 $ 7,338,864
Capitalized Interest $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Totals $ - $ - $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 74,280,000
Financing Sources >2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Total Cost
G.O. Bonds $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Revenue Bonds $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
SRF $ - $ - $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 74,280,000
Fix Our Streets Sales Tax $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Countywide Sales Tax $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Operating Fund General $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Operating Fund Facilities $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Operating Fund Fleet $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Operating Fund IT $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Operating Fund Parking $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Operating Fund Stormwater $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Operating Fund Wastewater $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Operating Fund Water $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Federal Funds Exchange $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Federal Funds (Other) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Cash $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
CDBG $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Totals $ - $ - $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 7,428,000 $ 74,280,000
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
November 12, 2024
DATE: November 12, 2024
CONTACT PERSON: Braxton Copley, DOCUMENT #:
Assistant City Manager
SECOND PARTY/SUBJECT: Kansas Department of PROJECT #: 70-89 KA-1266-04
Transportation Fleet
Garage Purchase
CATEGORY/SUBCATEGORY 007 Contracts and Amendments / 010 State of Kansas
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
CONVEYANCE of real estate to the State of Kansas for $3,685,887.76.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval would convey the current light duty fleet garage located 210 SE 4th Street, adjacent to the Law
Enforcement Center to the State of Kansas.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the agreement with the State of Kansas Department Of Transportation.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the Conveyance of real estate to the State of Kansas for
$3,685,887.76.
BACKGROUND:
The State of Kansas is going to be constructing a new viaduct to replace the existing Polk Quincy viaduct. The
new alignment will be directly over the existing light duty fleet facility. KDOT has negotiated the purchase price of
$3,685,887.76 to compensate the City for the real estate and improvements. This amount is separate from
relocation assistance estimated to be $3.19 million which will be reimbursed to the City once it has physically
relocated to the new facility.
BUDGETARY IMPACT:
$3,685,887.76
SOURCE OF FUNDING:
Kansas Department of Transportation
ATTACHMENTS:
Description
Disbursement of Proceeds
Temporary Easement
Contract for Conveyance of Real Estate
Deed
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
November 12, 2024
DATE: November 12, 2024
CONTACT PERSON: Tony Trower, Deputy DOCUMENT #:
Public Works Director
SECOND PARTY/SUBJECT: Teamsters Local No. PROJECT #:
696 Labor Agreement
2025-2027
CATEGORY/SUBCATEGORY 007 Contracts and Amendments / 020 Employee Agreements
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
APPROVAL of a three-year labor agreement between the City of Topeka and Teamsters Local
No. 696, representing street maintenance employees.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval will provide the terms and conditions of the employee-employer relationship as tentatively agreed to
between Management and the Union and authorize the City Manager to execute the agreement effective
January 2025 through December 2027.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Pursuant to Topeka Municipal Code Section 2.115.020(a) approval of employee agreements between the city and
a recognized employee organization is approved by the city council and signed by the city manager.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the labor agreement.
BACKGROUND:
The current contract expires December 31, 2024. A tentative agreement has been reached for a 3-year contract.
A summary of the contract changes is attached.
BUDGETARY IMPACT:
The proposed agreement includes the following:
3% matrix increase for 2025, 2% matrix increase for 2026, 2% matrix increase for 2027. With this,
there is also an increase from 5% to 8% in the grade change from Maintenance Worker to
Maintenance Worker Specialist
Increase in Meal Allowance during overtime from $10 to $15
Increase Retirement Sick Leave payout from 35% to 50%
SOURCE OF FUNDING:
Special Highway/Motor Fuel Fund
ATTACHMENTS:
Description
Labor Agreement
Labor Agreement (REDLINED Version)
Finance Memo
Summary of Contract Changes
CITY OF TOPEKA CONTRACT # _______
AGREEMENT
between
CITY OF TOPEKA
and
EMPLOYEES
of the
CITY OF TOPEKA STREET MAINTENANCE SECTION
TEAMSTERS UNION, LOCAL NO. 696
JANUARY 2025 - DECEMBER 2027
Table of Contents
ARTICLE 1 RECOGNITION AND UNION SECURITY ............................................................. 1
Section 1. Preamble. .......................................................................................................... 1
Section 2. Employee Rights. .............................................................................................. 1
Section 3. City Ordinances................................................................................................. 1
Section 4. Bargaining Unit. ................................................................................................ 1
Section 5. Check-off. ......................................................................................................... 2
Section 6. Visits by Union Representatives. ...................................................................... 3
Section 7. Bulletin Boards. ................................................................................................ 3
Section 8. New Employees. ............................................................................................... 4
ARTICLE 2 GENERAL PROVISIONS AND MISCELLANEOUS BENEFITS .......................... 5
Section 1. Code of Ethics and Pledge Against Discrimination and Coercion. .................. 5
Section 2. Work Rules. ...................................................................................................... 5
Section 3. Policies, Rules, and Regulations not Contained in this Agreement. ................. 6
Section 4. Uniforms. .......................................................................................................... 7
Section 5. Protective Equipment. ....................................................................................... 7
Section 6. Return of City Property. .................................................................................... 8
Section 7. Night Security. .................................................................................................. 9
Section 8. Performance Assessments. ................................................................................ 9
Section 9. Distribution of the Memorandum of Agreement. ............................................. 9
Section 10. Job Studies. ..................................................................................................... 9
Section 11. Union/Management Meetings. ...................................................................... 10
Section 12. Employee Assistance Programs. ................................................................... 10
Section 13. Driver's License/Insurability Requirements. ................................................. 10
Section 14. Cafeteria Benefit Plan. .................................................................................. 12
Section 15. Deferred Compensation. ............................................................................... 12
Section 16. Employee Development. ............................................................................... 12
Section 17. Mileage Reimbursement. .............................................................................. 14
Section 18. Employee Wellness Development Program.................................................. 14
Section 19. Benefits Committee. ..................................................................................... 14
Section 20. Personal Day. ................................................................................................ 14
Section 21. Residency. ..................................................................................................... 15
Section 22. City Issued Cell Phones. ............................................................................... 15
ARTICLE 3 DEFINITIONS ......................................................................................................... 16
ARTICLE 4 MANAGEMENT RIGHTS...................................................................................... 18
ARTICLE 5 GRIEVANCE PROCEDURE .................................................................................. 20
Section 1. Definition. ....................................................................................................... 20
Section 2. Applicability.................................................................................................... 20
Section 3. Representation................................................................................................. 20
Section 4. Union Grievances............................................................................................ 20
Section 5. Steward System. .............................................................................................. 20
Section 6. Procedure. ....................................................................................................... 22
Section 7. Arbitration. ...................................................................................................... 24
Section 8. Authority of Arbitrator. ................................................................................... 24
Section 9. Arbitration Expenses. ...................................................................................... 25
Section 10. Effect of Time Limits. ................................................................................... 25
Section 11. Expedited Grievance Procedure. ................................................................... 25
i
ARTICLE 6 DISCIPLINE AND DISCHARGE ........................................................................... 26
Section 1. Policy. ............................................................................................................. 26
Section 2. Procedure. ....................................................................................................... 27
Section 3. Grounds for Suspension or Termination. ........................................................ 28
Section 4. Manner of Discipline. ..................................................................................... 30
Section 5. Notification of Disciplinary Action. ............................................................... 31
Section 6. Form and Measure of Disciplinary Action...................................................... 31
Section 7. Personnel File.................................................................................................. 31
ARTICLE 7 HOURS OF WORK ................................................................................................. 33
Section 1. Regular Hours. ................................................................................................ 33
Section 2. Work Schedules. ............................................................................................. 33
Section 3. Rest & Meal Periods. ...................................................................................... 34
Section 4. Post-trip Inspection/Clean-up. ........................................................................ 35
Section 5. Time and Place for Reporting for Work. ........................................................ 36
Section 6. Reporting Time. .............................................................................................. 36
Section 7. Call/Show-up Time and Work from Home. ................................................... 36
Section 8. Shift Differential. ............................................................................................ 37
Section 9. Exceptions. ...................................................................................................... 37
Section 10. Standby.......................................................................................................... 37
ARTICLE 8 OVERTIME ............................................................................................................. 40
Section 1. Policy and Practice. ......................................................................................... 40
Section 2. Distribution of Overtime Work. ...................................................................... 40
Section 3. Employee's Obligation to Accept Overtime Work.......................................... 41
Section 4. Definition of Pay Status. ................................................................................. 41
Section 5. Compensatory Time. ....................................................................................... 42
Section 6. Inclement Weather Declaration....................................................................... 42
ARTICLE 9 SENIORITY ............................................................................................................. 43
Section 1. Definition. ....................................................................................................... 43
Section 2. Loss of Seniority. ............................................................................................ 43
Section 3. Seniority List. .................................................................................................. 44
ARTICLE 10 PROBATIONARY EMPLOYEES ........................................................................ 45
Section 1. Definition. ....................................................................................................... 45
Section 2. Initial Probation. ............................................................................................. 45
Section 3. Interim Probation. ........................................................................................... 46
ARTICLE 11 VACANCIES-TRANSFERS-PROMOTIONS - DEMOTIONS ........................... 47
Section 1. Definitions....................................................................................................... 47
Section 2. Posting of vacancies. ....................................................................................... 47
Section 3. Selection process. ............................................................................................ 48
Section 4. Promotion........................................................................................................ 48
Section 5. Demotion......................................................................................................... 49
ARTICLE 12 LAYOFF PROCEDURE........................................................................................ 50
Section 1. Layoff Determination. ..................................................................................... 50
Section 2. Required Notice. ............................................................................................. 50
Section 3. Recall. ............................................................................................................. 50
Section 4. Layoff Options. ............................................................................................... 51
ARTICLE 13 SICK LEAVE ......................................................................................................... 52
Section 1. Accumulation. ................................................................................................. 52
ii
Section 2. Requests. ......................................................................................................... 52
Section 3. Acceptable Use. .............................................................................................. 53
Section 4. Year-end Reconciliation/Payment Upon Retirement. ..................................... 54
Section 5. Return to Work. .............................................................................................. 54
Section 6. Excessive Use of Sick Leave. ......................................................................... 55
Section 7. Leave Requiring Medical Attention. ............................................................... 55
Section 9. Incentive for Non-Use of Sick Leave. ............................................................. 56
Section 10. Non-City Employment Injury and Use of Leaves. ........................................ 57
Section 11. Effect of Inter/Intra-Departmental Transfers on Sick Leave Accrual. .......... 57
Section 12. Light Duty for Injury On or Off The Job. ..................................................... 57
ARTICLE 14 HOLIDAYS............................................................................................................ 58
Section 1. Holidays Recognized and Observed. .............................................................. 58
Section 2. Eligibility Requirements. ................................................................................ 59
Section 3. Holiday Work. ................................................................................................. 60
ARTICLE 15 VACATION ........................................................................................................... 61
Section 1. Eligibility and Allowance. .............................................................................. 61
Section 2. Vacation Pay. .................................................................................................. 61
Section 3. Choice and Selection of Vacation Period. ...................................................... 62
Section 4. Holiday During Vacation Period. .................................................................... 63
Section 5. Vacation Right in Case of Layoff, Separation, or Retirement. ....................... 63
ARTICLE 16 LEAVES OF ABSENCE ....................................................................................... 61
Section 1. Eligibility Requirements. ................................................................................ 64
Section 2. Leave of Absence Without Pay; Obligations of Employee. ............................ 64
Section 3. Leave of Absence Without Pay; Conditions. .................................................. 64
Section 4. Military Leaves. .............................................................................................. 65
Section 5. Funeral/Family Crisis Leave. .......................................................................... 66
Section 6. Jury Duty/Court Appearances. ........................................................................ 66
Section 7. Leave Agreements. .......................................................................................... 67
Section 8. Medical Disability Leave. ............................................................................... 67
Section 9. Voting Time. ................................................................................................... 69
Section 10. Civic Duty. .................................................................................................... 69
Section 11. Union Leave. ................................................................................................. 70
ARTICLE 17 HEALTH AND SAFETY ...................................................................................... 72
Section 1. Safety. ............................................................................................................. 72
Section 2. Healthcare Benefits. ........................................................................................ 73
Section 3. Pension. ........................................................................................................... 73
ARTICLE 18 WAGES.................................................................................................................. 74
Section 1. Pay Plan........................................................................................................... 74
Section 2. Pay Period. ...................................................................................................... 75
Section 3. Step Movement. .............................................................................................. 76
Section 4. Classification Placement and Progression. ..................................................... 76
ARTICLE 19 CLOSING AND SAVINGS CLAUSE .................................................................. 78
Section 1. Closing Clause. ............................................................................................... 78
Section 2. Savings Clause. ............................................................................................... 78
ARTICLE 20 TERMINATION AND AMENDMENTS ............................................................. 79
iii
ARTICLE 1
RECOGNITION AND UNION SECURITY
Section 1. Preamble.
This Agreement is by and between the City of Topeka, Kansas, hereinafter referred to as the
“City,” the “Employer,” or “Management” and the City of Topeka Street Section of the International
Brotherhood of Teamsters, Local No. 696, hereinafter referred to as “Teamsters” or “Union.”
Section 2. Employee Rights.
Public employees shall have the right to form, join, and participate in the activities of
employee organizations of their own choosing, for the purpose of meeting and conferring with public
employers or their designated representatives with respect to grievances and conditions of
employment. In accordance with existing state laws, public employees shall also have the right to
refuse to join or participate in the activities of employee organizations.
Section 3. City Ordinances.
The parties agree that all ordinances now in force which are not in conflict with any provision
of this Agreement shall apply to members of the bargaining unit. Any ordinances hereafter enacted
may also be applied to employees of the bargaining unit covered by this Agreement, provided that
both parties consent to such application.
Section 4. Bargaining Unit.
The Employer recognizes the Union as the exclusive agent for employees in the collective
bargaining unit. As defined in the State of Kansas Public Employee Relations Board Case No. 75-
UCA-2-2000, that unit shall consist of employees in the Street Maintenance Section holding part-
time and full-time permanent and probationary positions as Maintenance Worker Trainee,
Maintenance Worker, Maintenance Worker Senior and Maintenance Worker Specialist.
1
The City agrees to advise the Union in advance of any changes in or additions to the above
classifications and to meet and confer with the Union before the institution of any change to the
terms and conditions of employment of the employees covered by the provisions of this Agreement.
Section 5. Check-off.
The Employer agrees to deduct the Union membership initiation fee assessments, dues,
and/or representation fees once each month on the first pay day from the wages of those employees
who personally request in writing such deductions be made. The written authorization for the above
deductions shall be received in the Human Resources Department at least thirty (30) days prior to the
day that said deductions are to be made. The amounts to be deducted shall be certified to the
Employer by the official Treasurer of the Union. The aggregate deductions of all employees shall be
remitted together with a computer printout to the official Treasurer of the Union by the end of the
succeeding month after such deductions are made by the Department of Financial Services. The
computer printout shall consist of a listing of every employee for which current Union deductions are
withheld.
To partially offset the administrative costs associated with the check-off service, the
Employer is authorized to charge and receive reimbursement from the Union in the amount of $.10
per bargaining unit member per deduction and $.60 for the processing of any change. For the
purpose of administering this provision, “change” shall mean in the amount of a deduction or in the
addition or removal of someone from the check-off computer printout. Although monthly
itemizations shall accompany such regular printout, the annual total of check-off administrative fees
for the prior calendar year shall be billed to the Union Treasurer each January.
The Union will notify the Director of Financial Services in writing whenever any employee
has elected to rescind his or her authorized deduction for Union membership. Such a withdrawal of
2
authorization shall become effective with the first full pay period following the date of receipt of
the notice.
All withholding and benefit deductions shall be made before the Union check-off is taken
from the employee's wages. In the event no wages are left in any pay period to meet the Union
check-off, the City is not obligated to process the deduction. Neither is it responsible for keeping
track of or retroactively deducting check-offs when the employee's pay becomes sufficient to cover
them. No Union check-off shall be made if an employee is on unpaid leave.
Section 6. Visits by Union Representatives.
Non-employee Union representatives will be permitted to come on the premises of the
Employer for the purpose of investigating grievances, discussing alleged violations of the
Memorandum of Agreement, and fulfilling their exclusive representative obligations to members of
the bargaining unit, provided they report to the Street Operations Manager and give the following
information: (a) The name of the employee to be visited and (b) the approximate time needed for
and purpose of the visit.
The Street Operations Manager will determine whether the employee's duties are such that
the employee can be made available at the time to talk to the Union representative. If the Street
Operations Manager determines that the employee's duties are such that he/she cannot be released at
that time, the Union representative will be told when the employee will be available.
Section 7. Bulletin Boards.
The official bulletin boards provided for posting notices to employees in the Division and/or
Section may be made available to appropriate Union officials for the purpose of posting notices of
Union meetings, results of elections, and Union activities. Such notices shall be dated and on Union
stationery. The Union agrees to furnish a copy of any such notice to the Street Operations Manager
3
prior to its posting.
Section 8. New Employees.
The City will introduce new bargaining unit employees to a Union Steward on the job.
4
ARTICLE 2
GENERAL PROVISIONS AND MISCELLANEOUS BENEFITS
Section 1. Code of Ethics and Pledge Against Discrimination and Coercion.
The Union hereby commits itself and all bargaining unit members to abide by the provisions
of the City of Topeka Code of Ethics as adopted by the City Council on March 27, 2007, as may be
amended, and made applicable to all elected and appointed officials and employees.
The provisions of this Agreement shall be applied equally to all employees without
discrimination as to age, familial status, race, religion, gender, color, creed, sexual orientation,
national origin or ancestry, political affiliation, or disability that does not affect job performance.
The Union shall share equally with the Employer the responsibility for applying this provision of the
Agreement.
All references to employees in this Agreement designate both sexes, and wherever just the
male gender is used it shall be construed to include male and female employees.
The Employer agrees not to interfere with the right of employees to become members of the
Union. There shall be no discrimination, interference, restraint, or coercion by the Employer or any
Employer representative against any employee of the Union membership.
There shall be no coercion exercised upon any employee in an attempt to persuade them to
join the Union. Likewise, there shall be no discrimination, interference, threats or restraint exercised
upon any non-union employee. The Union recognizes its responsibility as bargaining agent and
agrees to represent all employees within the bargaining unit, without discrimination, interference,
restraint, or coercion, whether or not they belong to the Union.
Section 2. Work Rules.
It is understood that work rules and/or regulations will not be inconsistent with the provisions
5
of this Agreement. Work rules and/or regulations will be reasonable and uniformly applied in like
circumstances.
Existing work rules and regulations pertaining to the performance of work and the conduct of
employees shall be available in the Street Section for review by employees. One copy of the rules
and regulations shall be made available to the Union. When existing work rules are changed or new
rules established, they shall be posted prominently on the Street Section bulletin board for a period of
seven (7) consecutive calendar days before implementation. In the event the Union does not agree to
a proposed new or changed rule or regulation which would materially affect a condition of
employment, it shall not take effect until the parties have met to discuss the issue. Such a meeting
shall take place within fifteen (15) days of receipt by the City of the Union’s written objection to the
proposal.
During an emergency as declared by the Public Works Director or his/her designee, existing
work rules may be temporarily suspended.
Section 3. Policies, Rules, and Regulations not Contained in this Agreement.
The parties agree that all City policies and programs, as well as the administrative rules and
regulations implementing them, now in force or hereafter enacted in accordance with the Topeka
City Code and Personnel Code and not in conflict with any provision of this Agreement, shall apply
to all employees covered by this Agreement. The City will provide written notice of proposed new
policies, programs, and rules or regulations, or material changes to existing policies, programs, and
rules or regulations, to the Union prior to presentation for public comment. In the event the Union
does not agree to a proposed policy, program, rule, or regulation which would materially affect a
condition of employment, it will not apply to employees covered by this Agreement. Any additional
benefits and/or rights granted to all City employees by any such policy or program or the
6
administrative rules and regulations implementing it, however, will also be applied to employees
covered by this Agreement.
Section 4. Uniforms.
If employees are required to wear a uniform as a condition of employment, such uniforms
shall be furnished to the employee by the Employer. The Employer agrees to provide employees of
the Street Section with the following uniform items in the quantities listed:
High Visibility T-shirts (7)
Jeans or bib overalls (7)
Denim work shirts (7)
Heavy Coat with hood (1)
Insulated bib overalls (1)
Hooded High Visibility Sweatshirt Jacket (1)
High Visibility Work cap/hat (baseball style) (1)
High Visibility Work cap/hat (stocking) (1)
High Visibility Work cap/hat (safari or wide brim) (1)
Additional or replacement uniforms shall be subject to a "repair or replace" program
administered by the Employer. In the event of lost clothing or damage due to carelessness, the
employee shall pay for the replacement. Employees are expected to exercise diligence in the care of
uniforms. Laundry services will be provided for all clothing (jeans, work shirts, etc.) supplied by the
contracted rental company. It is the employee’s responsibility to launder and maintain their high
visibility t-shirts and sweatshirts.
Section 5. Protective Equipment.
Employees are required to wear Personal Protective Equipment (PPE) which include protective
7
clothing and safety-toe work boots and other certain protective equipment as a condition of employment.
Such Personal Protective Equipment (PPE) protective clothing or protective equipment shall be furnished
to the employee by the Employer. Employees are required to wear safety-toe work boots of at least six
inches (6”) in height. Employees may wear rubber boots for specific applications (such as when working
with concrete) with the approval of Management. The City will pay up to one hundred seventy-five
dollars ($175.00) toward the purchase of authorized footwear including toward the purchase of an
employee’s first pair and any Management authorized replacement pairs. Additional or replacement work
boots shall be subject to a “repair or replace” program administered by the Employer.
The Employer agrees to provide safety glasses to all employees who are required to wear them.
The Employer agrees to pay up to a total of one hundred fifty dollars ($150.00) annually toward the
purchase or repair of such prescription safety glasses. The Employer agrees to provide respirator masks
that are resistant to oil particulates for employees that work with the mastic machine.
The requirement for any type of protective clothing or equipment shall be determined by the
Employer. In the event of loss or damage due to carelessness, the employee shall pay for the replacement.
Employees are expected to exercise diligence in the care of protective clothing or equipment. Assigned
Personal Protective Equipment (vests, hats, etc.) shall be stored on-site in the employee’s assigned locker.
Section 6. Return of City Property.
Employees shall return any property belonging to the City upon separation. Such property
shall include, but not be limited to, the following:
A. Uniforms furnished to the employee by the City;
B. Any tools, equipment, and/or materials belonging to the City;
C. ID Badges, cell phones, keys, etc., that could be used to gain access to City property
and all copies made thereof; and
D. Protective devices or clothing furnished by the City.
8
Upon termination of employment, the employee agrees to return all City property. The
employee also agrees to return all uniform items when uniforms are updated or replaced. Failure to
return all City property will result in the cost of such property being deducted from the employee’s
final check provided the deduction does not reduce wages below the minimum wage. When the
value of unreturned City property exceeds $250.00 and such value has not been deducted from the
final check, the City may pursue civil remedies to recover such property or its value.
Section 7. Night Security.
The Employer will regularly check on all employees working by themselves to assure their
health and safety.
Section 8. Performance Assessments.
All employees shall be given copies of their annual job evaluations immediately after signing.
No changes shall be made on evaluations after copies have been provided. All employees shall be
entitled to fair and impartial evaluations. Accidents shall not cause an employee to be rated
downward in the event the accident is found to be no fault of the employee.
Section 9. Distribution of the Memorandum of Agreement.
Unless advised differently by the Union prior to printing, the Employer will make available to
the Union one copy of this Agreement for each employee in the bargaining unit within one week
after receiving the reproduced copies. If the City provides a copy for each bargaining unit employee,
the printing cost shall be shared equally between the Union and the City. Stewards will be
authorized to distribute copies of the Memorandum of Agreement to employees.
Section 10. Job Studies.
Union requests for job reclassification studies shall be considered on an individual, case-by-
case basis. If the Human Resources Director and/or the Public Works Director determine that a job
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study is warranted, the study shall be conducted by the Human Resources Department. As a result of
the study, the Director of Human Resources shall make a recommendation to the City Manager, who
shall make the final determination whether any reclassifications are approved.
Section 11. Union/Management Meetings.
At the request of either the Union or the Employer, meetings shall be held for the purpose of
considering matters of mutual interest other than grievances, provided that mutually acceptable
arrangements as to time and place can be made. Employees designated as representatives of the
Union, not to exceed four (4), shall not suffer a loss of time or pay when absent from their assigned
work schedules for the purpose of attending said meetings.
Section 12. Employee Assistance Programs.
The City and Union agree to cooperate in encouraging employees who are in need of
counseling and/or assistance in such areas as alcoholism, drug abuse, financial and/or legal
difficulties, family problems, and similar areas to undergo programs directed to their rehabilitation.
An employee may be required to seek appropriate remedial counseling if, in the determination of the
Street Operations Manager, the employee's personal behavior and/or activity is interfering with job
performance. Referrals for assistance may be arranged confidentially through either the Human
Resources Department, the Deputy Public Works Director or designee or the Union.
Section 13. Driver's License/Insurability Requirements.
A. All bargaining unit members who are required to obtain or maintain a valid Commercial
Driver’s License (CDL) will be provided up to two (2) hours of on-duty time to take the initial CDL
test or to renew an existing license.
B. The Employer agrees to reimburse employees for the cost of required endorsements, as
determined by Management, pursuant to State requirements for a CDL. The City shall reimburse
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employees for the first attempts to acquire or renew their CDLs, but all fees associated with
subsequent attempts will be the responsibility of the employee.
C. Employees shall notify their supervisors in the event their personal driver’s licenses or
CDLs are suspended, revoked, or otherwise confiscated or when they are charged with any driving
infraction. Such notification shall be made to the supervisor prior to the start of the next scheduled
work period. Under no circumstances shall a Street Section employee whose driver’s or CDL license
has been suspended, revoked, or otherwise confiscated operate a City vehicle prior to supervisory
notification of the restrictive action. Failure to report the license encumbrance or the operation of a
City vehicle prior to supervisory notification thereof shall be grounds for immediate disciplinary
action up to and including termination from City employment.
D. An employee who suffers the loss of his or her license for a period of ninety (90) calendar
days or less or becomes uninsurable under the City’s current policy coverage shall be assigned to
non-driving duties for a period of thirty (30) calendar days. Thereafter, an employee will be assigned
to non-driving duties for which the employee is qualified for an additional sixty (60) calendar days,
but will be paid at the rate for the position into which he or she is assigned. Employees may use
accrued vacation, personal leave, or compensatory time during this sixty (60) calendar day period. If
an employee’s license is reinstated or he or she becomes insurable during this overall ninety (90)
calendar day period, the employee shall be reinstated to his or her former position.
E. Unless there exists a non-driving position to which he or she can continue to be assigned
without any special accommodation, an employee who suffers the loss of his or her license or
remains uninsurable under the City’s current policy coverage for a period of time greater than ninety
(90) calendar days shall be removed from his or her position with the Street Section but kept on the
City rolls with continued benefits at the minimum salary level necessary to cover the deductions
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therefor in an otherwise non-duty, non-pay status for an additional ninety (90) calendar days while
competing for positions which have no license and/or insurability requirements. Employees may use
accrued vacation, personal leave, or compensatory time during this ninety (90) calendar day period,
however, to continue receiving full pay.
Section 14. Cafeteria Benefit Plan.
All benefit-eligible bargaining unit members may participate in the Cafeteria Benefit Plan,
established and recognized as a qualified Internal Revenue Service Section 125 Plan. Bargaining
unit members shall have the same benefits, rights, and obligations as all other City employees who
are members of this plan, as well as be subject to any changes in the plan that would affect those
other employees.
Section 15. Deferred Compensation.
All benefit-eligible employees may participate in the Deferred Compensation Plan as defined
by the City of Topeka.
Section 16. Employee Development.
The purpose of the City's employee development program is to promote improved
productivity in City services.
A. Only full-time, benefit-eligible employees may be reimbursed for tuition expenses for
academic or technical courses pursued through recognized accredited educational institutions.
B. The course must directly relate to the employee's current job duties or be an outside-
the-major electives required for a degree or certificate in a field to which the
employee would have a reasonable expectation of being promoted while employed at
the Street Section.
C. Up to one thousand dollars ($1000.00) annually may be authorized and reimbursed
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for eligible employees.
D. An employee must complete the request for tuition reimbursement form as provided
by the Human Resources Department and have the concurrence and signatures of Management as
required on the form before the employee can be reimbursed. The approved request form must be
received by the Human Resources Department within one month after the beginning date of the
course which the employee desires to attend. Evidence of completion with a passing grade of "C"
(70th percentile) or above and proof of payment for the course must be received by the Human
Resources Department within two months after the ending date of the semester/session/quarter in
which it was taken in order for the employee to receive reimbursement.
E. The City will not reimburse employees for non-credit special interest courses
completed by examination only; continuing education courses; late fees; lab fees; extracurricular
fees; textbooks; or other course-related materials and tuition covered by other sources such as
government assistance to a veteran (GI Bill), grants, scholarships, and similar programs.
F. An employee attending a course pursuant to these guidelines during working hours
may arrange with his/her supervisor to utilize compensatory time, vacation time or time without pay
as scheduling/staffing allows as determined by Management for the time utilized to attend the
course(s).
G. The Deputy Public Works Director or designee shall make every effort to budget for
and approve reimbursement for academic courses for employees. The Deputy Public
Works Director or designee shall approve courses on a first-come, first served basis
in a non-discriminatory manner. Approval will be subject to budgetary constraints.
H. American Concrete Institute (ACI) certification or recertification will be paid by
employer.
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Section 17. Mileage Reimbursement.
Reimbursement to an employee for the use of his or her private vehicle for City business shall
be conditioned upon approval by the Deputy Public Works Director or designee prior to such use.
Requests for approval after the use shall only be honored in extraordinary circumstances where pre-
authorization was not feasible -- and in any event at the total discretion of the Deputy Public Works
Director or designee. Approved reimbursement shall be at the rate established by the City.
Section 18. Employee Wellness Development Program.
To encourage policies and practices that enable employees to achieve optimal physical and
mental health, the City shall offer a physical fitness facility to bargaining unit employees. All those
wishing to participate in a physical fitness program must apply through the City Wellness Center
prior to the start of a class. This program may be subject to budgetary restrictions.
Section 19. Benefits Committee.
The Union shall be entitled to select one (1) employee from the bargaining unit as a
representative on any City Employees Benefits Committee. Such representative shall receive his/her
regular rate of pay for the time spent in meetings during regularly scheduled hours of employment,
not to exceed two (2) hours per month. The Deputy Public Works Director or designee may,
however, authorize additional time on a case-by-case basis upon written request from the employee
representative.
Section 20. Personal Day.
All bargaining unit employees shall, upon successful completion of their initial employment
probationary periods (minimum 6 months, maximum 9 months), be granted one (1) discretionary
personal day off with pay per calendar year. Employees must schedule such personal days off with
their Supervisor. This personal day cannot be carried over from one (1) calendar year to the next
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except due to extenuating circumstances as approved by the Supervisor. However, in all instances
the Personal Day must be used by June 30th of the next calendar year or be lost.
a) Personnel, while working five day - 8 hour shifts will be granted 8 hours for their
personal day.
b) Personnel, while working four day – 10 hour shifts will be granted 10 hours for their
personal day.
Section 21. Residency.
All bargaining unit members shall be subject to the residency requirements as set forth in
Ordinance 20370 passed on September 6, 2022 and any amendments to or repeal of the current code.
Section 22. City Issued Cell Phones.
In the event an employee is provided with a cell phone, the restrictions on and rates per
minute for personal use will be commensurate with City policy.
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ARTICLE 3
DEFINITIONS
The following terms, when used in this Agreement, shall have the meaning ascribed to them
unless the context clearly indicates otherwise:
A. Full-time Employee is one who works 40 hours per week on a regular and continuing
basis.
B. Part-time Employee is one who works less than 40 hours per week on a regular and
continuing basis.
C. Regular Employee is a benefit-eligible, full- or part-time employee who has
satisfactorily completed a probationary period as stated in Article 10, Section 2.
D. Temporary Employee is one who works on an irregular or non-permanent basis.
E. Overtime shall mean work approved by the Management in excess of 40 hours per
week in pay status.
F. Classifications shall be defined as the categories into which employees are grouped
and which are specified in Section 4 of Article 1 of this Agreement.
G. Permanent Employee is a benefit eligible, full-time or part-time employee, if they
have satisfactorily completed a probationary period.
H. Probation shall mean that period of time that supervisors assess the work of an
individual in order to determine the ability of the individual to perform the required responsibilities
of the assigned position and continue employment in the assigned position.
I. Probation Initial Hire shall apply to all newly hired employees and shall constitute a
period of time not less than 1040 work hours which may be extended in accordance with Article 10.
J. Probation Interim shall apply to all newly promoted, transferred and/or voluntarily
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demoted employees and shall constitute a period of time not less than 1040 work hours which may
be extended in accordance with Article 10.
K. Emergency is defined as an unexpected occurrence requiring immediate action or
attention such as a utility failure in the roadway, local disaster, a weather event, snow emergency, or
other public disaster that may cause the need for the clearing of streets and alleys.
L. Weather Event is a weather occurrence such as snow, sleet, strong damaging winds,
tornado, flooding, etc. that may cause the need to close or clear roadways, bridges, and overpasses.
M. Personal Protective Equipment (PPE) is protective clothing, equipment, gear or other
device required to be worn by the employee to provide protection. Such equipment and devices are
ANSI certified. Equipment are considered to be but not limited to safety vests, hats, safety-toe work
boots, etc.
N. Business Day is any weekday (Monday through Friday) when City of Topeka offices
are open for business.
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ARTICLE 4
MANAGEMENT RIGHTS
Except where limited by express provisions elsewhere in this Agreement, nothing in this
Agreement shall be construed to restrict, limit, or impair the rights, powers, and authority of the
Employer as granted to it under the laws of the State of Kansas and the Municipal Code. The rights,
powers, and authority include, but are not limited to, the following:
a) Direct the work of its employees;
b) Hire, promote, demote, transfer, assign, recall, and retain employees in positions
within the Section or Division;
c) Discipline, suspend, demote, or discharge employees for just cause;
d) Maintain the effectiveness, productivity, and efficiency of governmental operation;
e) Relieve employees from duties because of lack of work or for other legitimate
reasons;
f) Take actions as may be necessary to carry out the mission of the City in emergencies
as declared by Management; and
g) Determine the methods, means, and personnel by which operations are to be carried
on.
The provisions of this Article shall not, however, be used for the purpose of undermining the
Union.
The work performed by supervisory/Management personnel in responding to various
urgent/emergency situations during their on-call duty period is not to be used by Management as a
means of laying off bargaining unit personnel or refusing to fill a bargaining unit position vacated by
termination, retirement, or other forms of attrition. The parties agree that, if Management is aware
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that there is a need for overtime work (other than the types of work routinely performed by on-call
Management personnel during their on-call duty periods), then the work shall be performed by a
bargaining unit employee, subject to the provisions of Article 8 of this Agreement. The parties also
agree that work that will result in a continuation of a regular work schedule shall be performed by a
bargaining unit employee, subject to the provisions of Article 8 of this Agreement.
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ARTICLE 5
GRIEVANCE PROCEDURE
Section 1. Definition.
A grievance is defined to be any matter in which an employee maintains that his or her rights
or privileges have been violated by reason of the City's interpretation or application of the provisions
of this Agreement. Such matter(s) shall be resolved exclusively in accordance with the procedure
herein provided. Both parties agree to keep the grievance procedure free of non-meritorious claims.
Section 2. Applicability.
This process shall apply to permanent employees in the bargaining unit. Initial probationary
employees may utilize the procedure for benefit issues only.
Section 3. Representation.
The Union shall be the exclusive representative of all the employees in the bargaining unit for
purposes of presenting to and discussing with the City grievances arising from their employment.
Section 4. Union Grievances.
Union Officers or Stewards who are members of the bargaining unit shall have the right to
initiate a grievance when any provision of this Agreement is alleged to have been violated or when
the Employer’s interpretation of the terms and provisions of this Agreement is different from the
Union’s.
Section 5. Steward System.
The Employer agrees to recognize stewards who have been designated by the Union to serve
in this capacity. The number of stewards, selected from among regular employees in the bargaining
unit, will not exceed three (3), subject to modification by mutual agreement of the parties. One of
the stewards in the Street Section selected by the Union shall be designated as the Chief Steward.
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The Union agrees to provide the Employer a list of all stewards, designating their
assignments as a regular or alternate steward. The Employer agrees to provide a list of all
supervisors, designating the areas in which they serve. The Chief Steward is not restricted to any
area in performing assigned functions. The steward list will be maintained on a current basis.
Stewards shall be allowed reasonable time during working hours, without loss of pay or
leave, for the purpose of investigating grievances in the unit represented by the steward. Reasonable
time for this purpose shall be interpreted to mean not more than forty five (45) minutes per week. If
there are two (2) or more grievances filed in any one (1) week period, however, the investigating
steward shall have one (1) hour to investigate them. Requests to the Deputy Public Works Director
or designee for extensions of this time limit will normally be granted. Before leaving the assigned
work area, the Steward will notify the appropriate Supervisor and advise:
1. That the absence will involve Union business as it relates to possible grievances; and
2. The location to which the Steward is going.
It is understood that the work and service provided by the Employer are the primary concern
and that such requests for absences on Union business will reflect that concern. If the Supervisor
feels that the Steward cannot be excused at the requested time, the Supervisor will make
arrangements for him/her to be excused as soon as practical. On arriving at the destination, the
Steward will seek out the person in charge and advise the following:
1. The purpose of the Steward's visit; and
2. The name of the employee to be seen.
The Supervisor normally will make the employee available. If that cannot be done because of
work demands, the Supervisor will arrange to make the employee available as soon as possible.
Alternate stewards will function as stewards in the absence of the regular stewards and will
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observe the procedures set forth in this Section.
The Chief Steward will observe the procedures set forth in this Article except that he or she
will be allowed one and a half (1½ ) hours per week for investigating grievances.
An employee desiring to leave his or her assigned work area to discuss a grievance/complaint
with a steward will obtain prior permission from the immediate Supervisor. Permission will not be
unduly denied.
Section 6. Procedure.
The City and the Union agree to the following steps, time limits, and conditions for
presenting and adjusting grievances:
STEP 1: A grievance must be taken to the Supervisor within fourteen (14) calendar days
following knowledge of the problem and discussed among that Supervisor, the aggrieved
employee(s), and the Union Steward. If the grievance is not settled within ten (10) calendar days
following this discussion, the grievance shall be reduced to writing on forms provided by the City
and submitted to the next step.
STEP 2: In the event Step One does not resolve the matter, the written grievance shall be
forwarded to the Operations Manager within the above ten (10) calendar day period. The grievance
shall be signed by the employee and the Union Steward and set forth the facts of the dispute, the
relief sought, and the specific provision or provisions of the Contract alleged to have been violated.
Second step grievance discussions shall take place at a meeting with Operations Manager, grievant,
and Union Steward. Such meeting shall be scheduled and held within ten (10) calendar days of
receipt by the Operations Manager. The City shall give its written answer within seven (7) calendar
days after the close of discussion.
STEP 3: In the event Step Two does not resolve the matter, the written grievance shall be
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forwarded to the Deputy Public Works Director within the ten (10) calendar day period following
receipt of the City’s answer. The grievance shall be signed by the employee and the Union Steward
and set forth the facts of the dispute, the relief sought, and the specific provision or provisions of the
Contract alleged to have been violated. Third step grievance discussions shall take place at a
meeting among the Deputy Public Works Director, the grievant, and the Union Steward. Such
meeting shall be scheduled and held within ten (10) calendar days of receipt by the Deputy Public
Works Director. The City shall give its written answer within seven (7) calendar days after the close
of discussion.
STEP 4: Such answer shall be final unless the grievance is appealed by written notice to the
Director of Public Works within seven (7) calendar days after receipt of the City's third step answer.
Fourth Step grievance discussions shall take place at a meeting among the Director of Public Works
or designee, the Deputy Public Works Director, the grievant, and the Union representatives. Such
meeting shall be scheduled and held within ten (10) calendar days of receipt of the appeal by the
Director of Public Works. The City shall give its written answer within seven (7) calendar days after
the close of discussion.
STEP 5: Only the Union may advance a grievance beyond Step 4. The answer of the
Director of Public Works at the Step 4 level shall be final unless the Union appeals the decision by
filing the grievance with the Human Resources Director within seven (7) calendar days after receipt
of the answer from the Director of Public Works. The City Manager or designee (limited to
Assistant City Manager, Deputy City Manager, or Human Resources Director) shall investigate and
conduct an informal hearing into the matter. The City Manager or designee shall provide a final
answer for the Union within fifteen (15) calendar days of receipt of the appeal.
STEP 6: The answer of the City Manager or designee shall be final unless the Union appeals
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the grievance to arbitration by giving written notice of a desire to arbitrate to the Human Resources
Department within ten (10) calendar days after receipt of the City's fifth step answer. The union will
provide payment for one-half of the expense to obtain a roster of arbitrators within ten (10) calendar
days of the notification of the intent to arbitrate. Failure to submit payment for the roster within ten
(10) calendar days of filing a notice of intent to arbitrate will result in a withdrawal of the notice and
the matter will be considered settled on the basis of the City’s last answer.
Section 7. Arbitration.
If the grievance is appealed to arbitration, the parties shall first meet to agree upon an
arbitrator. This meeting shall take place within ten (10) calendar days of receipt of the notice
specified in Step Six. Failing such agreement, the parties shall jointly ask the Federal Mediation and
Conciliation Service to submit a list of five (5) arbitrators. Should the first list of arbitrators be
unacceptable, either party may request that a second list of arbitrators be provided. The party
requesting arbitration shall strike the first name and each party shall strike one name alternately until
one arbitrator is left. The arbitrator shall be notified of his/her selection and a request shall be made
that the arbitrator set a time and place for the hearing subject to the availability of City and Union
representatives. The parties shall attempt to stipulate to the issue(s) before the arbitrator. At any time
upon mutual agreement from both parties there may be an extension of any timelines within this
Article.
Section 8. Authority of Arbitrator.
Only one grievance may be decided by an arbitrator at any hearing unless the parties mutually
agree to waive this requirement. The arbitrator shall have no right to add to, subtract from, nullify,
ignore, or modify any of the terms of this Agreement or expand the issue(s). The arbitrator shall
consider and decide only the particular issue(s) presented in writing by the City and the Union. The
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arbitrator's decision shall be based solely upon his/her interpretation of the terms of the Agreement.
If the matter sought to be arbitrated does not, in the arbitrator’s judgment, involve an interpretation
of the terms or provisions of this Agreement, he/she shall so rule. The decision of the arbitrator shall
be final and binding on the City, the Union, and the employee or employees involved.
Section 9. Arbitration Expenses.
The expenses of the arbitrator, including fees, shall be shared equally by the City and the
Union. Each party shall be responsible for its own arbitration expenses. When an employee of the
bargaining unit is subpoenaed by either party in an arbitration case, that employee may appear
without loss of pay if he/she appears during his/her regularly scheduled hours of work.
Section 10. Effect of Time Limits.
The parties agree to follow each of the foregoing steps in the processing of a grievance. If, in
any step, the City's representative fails to give a written answer within the time limit specified, the
grievance shall automatically be transferred to the next step at the expiration of such time limit. Any
grievance not moved by the Union to the next step within the time limits provided following the
City's answer will be considered settled on the basis of the City's last answer. The number of days to
answer or move a grievance may be extended by mutual agreement.
Section 11. Expedited Grievance Procedure.
In the event of an actual or proposed termination, the Union may bypass Steps 1, 2, 3, and 4
and file the grievance directly with the Director of Human Resources, as indicated in Step 5, who
will make the final determination on behalf of the City. All arbitration procedures thereafter shall be
in accordance with the provisions of Sections 7 and 8 of this Article.
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ARTICLE 6
DISCIPLINE AND DISCHARGE
Section 1. Policy.
The City reserves the right to, with just cause, discharge, suspend or otherwise discipline
employees for violations of City and/or departmental rules and regulations. All disciplinary and
corrective actions shall be subject to the provisions of the grievance procedure contained in this
Agreement. The seriousness of an offense will often vary with the circumstances prevailing at the
time of the occurrence and the motives which prompted the offense. Related and mitigating factors
shall be considered when determining the appropriate action to be taken. The disciplinary process
involves four steps of progressive discipline for infractions of a similar nature and which are of a
nature not serious enough to constitute just cause for immediate suspension or discharge. The
progressive steps are:
Caution Counseling -- Verbal discussion documented as to issue addressed, initialed by both
the supervisor and the employee, with a copy provided thereto, and placed in the employee’s
personnel file.
Written Reprimand -- Signed by the supervisor and the employee, to acknowledge receipt
thereof, witnessed by a Union Steward, and placed in the employee’s personnel file.
Suspension -- Notice in writing of a removal from pay status for a specified period of time,
with, at the employee’s discretion (subject to Deputy Public Works Director concurrence), an
alternative forfeiture of the equivalent amount of accrued vacation leave (provided, however, that
decisions regarding such substitutions, while deserving of an explanation, shall not themselves be
grieveable.)
Discharge -- Notice in writing of termination of employment with the City of Topeka for an
26
offense(s) or recurrence of offenses serious enough to warrant such.
In the event an employee refuses to acknowledge receipt of a copy of any action, it shall be
noted by the Supervisor and initialed by the Union Steward. Employee assistance measures may be
utilized if deemed appropriate by Management. (See Article 2, Section 12).
Section 2. Procedure.
The progressive disciplinary system listed is intended to serve as warning to the employee
that he/she needs to improve in the listed area and that repeated incidents may result in suspension or
termination. The steps of progressive discipline are intended as a guideline for the application of
discipline but the City may apply any level of discipline commensurate with the seriousness of the
offense committed.
The City shall have the right to discipline employees up to and including termination;
provided, however, that all actions to terminate employees shall require the approval of the Human
Resources Director of the City. The City may place the employee to be terminated on administrative
leave with or without pay pending the resolution of an appeal filed under the provisions of Article 5
of this Agreement.
Offenses not normally considered serious enough to warrant immediate suspension or
termination:
1. destruction or loss of City property;
2. improperly using or obtaining leave time;
3. tardiness;
4. absence without permission or proper notice;
5. interference with the regular conduct of City business;
6. using City vehicles, property or equipment for personal use;
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7. consistent or continual unavailability for work;
8. engaging in habits that interfere with the individual's or any other employee's
performance on the job;
9. violations of any work rule governing a management’s right or Administrative Rule
and Regulation which governs a mandatory subject not contained within this
Agreement.
The above list does not constitute a complete and total listing of offenses but is for illustrative
purposes only.
Section 3. Grounds for Suspension or Termination.
Compliance with Department and Section rules is necessary to a safe and efficient workplace
and to maintaining sound relationships with employees. Below is a listing of offenses (not all-
inclusive) which are of such a serious nature as to warrant immediate discharge or suspension and for
which the Employer shall have the absolute right to take such actions without prior notice. With
offenses of this nature an employee may be placed on unpaid administrative leave while an
investigation is being conducted. If the investigation lasts longer than one week (five regular work
days), the employee will be put on paid administrative leave until the investigation is concluded.
Related and mitigating factors may be considered, however, when determining the appropriate
response to misconduct. The City reserves the right to determine that any violation of rules and/or
regulations may constitute just cause for immediate suspension or termination depending on the
circumstances relating to the offense.
Examples of offenses which may constitute sufficient and just cause for immediate
suspension or termination are as follows.
1. Refusing to perform work assignments.
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2. Leaving work assignment and/or City property without permission.
3. Insubordination.
4. Removal of any City property from City premises for the employee's personal use
and/or the disposal of any property without the written approval of the Deputy Public Works Director
or designee.
5. Theft of property belonging to the City
6. Knowingly falsifying information to the City or knowingly making false statements in
matters relative to employment.
7. Dishonesty in any form or degree.
8. Fighting, including striking a fellow employee or supervisor, or threatening a fellow
employee or supervisor with apparent intent to cause bodily harm.
9. Soliciting or performing during duty hours work not authorized or directed by or
otherwise beneficial to the City.
10. Performing non-City related activities during paid work time (e.g. sleeping,
performing personal activities such as artwork or online or catalog shopping).
11. Consumption of alcohol or possession or use of illegal drugs during working hours or
the inability to perform duties because of being under the influence of either or any other violation of
the City’s Alcohol and Controlled Substance Policy.
12. Willful and/or reckless neglect of duty.
13. Accident or injury caused by failure to follow safety procedures or by inattentiveness
of the employee.
14. Failure to return to work after an approved leave of absence or failure to return to the
job after any other approved departure.
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15. The use of unreasonable and abusive language or unacceptable treatment of a client,
citizen or other individual in the community, or City employee on the City payroll.
16. Violation of the City’s No Harassment or Discrimination Policy.
17. Solicitation or acceptance of money or anything of value to influence decisions in
public matters or as a reward for such decisions.
18. Possession of any type of firearm, explosive or concealed weapon without specific
authority.
19. Possession, sale, consumption or being under the influence of any alcoholic, narcotic
or other non-prescription substance while on the work site, except to the extent governed by the City
Substance Abuse Policy.
20. Other violations of a similar nature.
The above list does not constitute a complete and total listing of offenses but is for illustrative
purposes only.
The preceding list does not limit Management's right to take appropriate corrective or
disciplinary actions for just cause as necessary. Employees may request the presence of a Union
Steward at all disciplinary proceedings.
A permanent employee, as defined in Article 3, Paragraph C, of this Agreement, may be
removed for just cause. Any employee so removed shall be given written notice of his/her dismissal
with the reason(s) therefor. Any terminated employee shall be taken off the payroll immediately.
Section 4. Manner of Discipline.
If the Employer has reason to discipline an employee, it shall be done if at all possible in a
manner that will not embarrass the employee in front of other employees or the public.
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Section 5. Notification of Disciplinary Action.
For all proposed disciplinary actions, the Employer shall notify both the Union Business
Agent, Steward, and the employee involved that a corrective measure is being contemplated and
why. With that notification, employees shall be informed of their right to Union representation if
they so choose. It is the responsibility of the employee, however, to make the representation request.
The employee may waive Union representation, but must do so in writing. If waived, the employee
and/or the Union representative shall be given the opportunity at the ensuing meeting to rebut or
clarify the reasons for such possible discipline. Such meeting shall occur within fourteen (14) days
of Management’s having knowledge of the underlying problem, unless the Chief Union Steward is
advised within that time frame that an extension is necessary and why.
Section 6. Form and Measure of Disciplinary Action.
In the event disciplinary action is taken against an employee, the Employer shall promptly
furnish the employee, Union Business Agent and the Union Steward, (if representation has been
requested) a clear and concise statement in writing of the disciplinary action and reasons therefor.
Once the measure of discipline is determined and imposed, the Employer shall not increase it for the
particular act of misconduct. An employee shall continue to be entitled to the presence of a Union
representative at any phase of a disciplinary action, even if previously waived. If there is no Union
representation in a disciplinary matter, no resulting penalty can be used as a precedent for the
handling of a similar incident in the future.
Section 7. Personnel File.
A copy of any adverse action shall be given to the employee. All records of disciplinary
actions of a nature not serious enough to warrant immediate suspension or discharge shall remain on
file and shall not be used for progressive disciplinary purposes after eighteen (18) months from the
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date of the underlying incident if there has been continuous service free from additional disciplinary
actions for violations of a similar nature. Records of disciplinary actions involving immediate
suspensions shall remain in the personnel file and may be considered along with future violations of
a similar nature for disciplinary purposes for thirty-six (36) months from the date of the underlying
incident. Disciplinary actions involving policy violations of a harassing, discriminatory, or workplace
violence nature will remain on file and may be considered along with future violations of a similar
nature for the duration of employment.
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ARTICLE 7
HOURS OF WORK
Section 1. Regular Hours.
The normal work week for full-time employees in the bargaining unit shall be forty (40)
hours in a regularly recurring period of one hundred sixty-eight (168) hours in the form of seven (7)
consecutive twenty-four (24) hour periods. The normal work day for full-time employees shall be
eight (8) hours within a twenty-four (24) hour period. The Employer agrees to meet with the Union
during the life of this contract to work alternative work schedules to include 10-hour workdays
within a 24-hour period in four (4) consecutive days (Monday – Thursday or Tuesday – Friday). All
employees shall be assigned to a regular work shift and each work shift shall have a regular starting
and quitting time.
Section 2. Work Schedules.
(a) General.
Work schedules are defined as an employee's assigned hours, days of the week, days off, and
shift rotations. All work schedules showing employees’ shifts, work days, and hours shall be posted
on applicable departmental bulletin boards.
The Employer shall provide five (5) calendar days’ written notice to the Union and the
affected employees prior to making permanent changes in work schedules. Employees will not be
sent home early for the purpose of avoiding overtime.
Work schedules will not require employees to work split shifts or consecutive shifts, except
in emergencies as stated in Section 9.
In the situation of a weather event or emergency, management shall have the discretion to
assign staff for a work shift outside of their normal work shift until the work for that event is
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completed. Management will notify staff as soon as practicable if they are being assigned to an
alternate work shift due to a weather event or an emergency. Employees shall be allowed sufficient
time not to exceed one (1) hour without pay to report to an emergency shift. This does not apply in
cases of extreme emergencies.
Supervisors shall cooperate with employees required to work overtime in making
arrangements for contingencies such as daycare and shared rides.
(b) Shift Selection.
A general bidding for shift assignments will be held twice per year. Shift Selection will be
done by September 15 and March 15. Bid sheets will be posted for two weeks prior to Shift
Selection. A total of five (5) night shift spots will be bid. Seniority shall be utilized in selection of
the employee’s preferred shift, provided that at least one employee on the shift meets the certification
requirements set by Management. Any non bidded positions shall be filled by reverse seniority. Shift
bid assignments shall be controlling for a period of six (6) months, unless employee finds another
qualified employee for replacement. Management will provide opportunities for temporary shift
reassignments to allow for training opportunities when it will not interfere with the business
operations of the City at the sole discretion of Management. A shift vacancy caused by illness, injury,
self-downgrade, retirement or termination which is anticipated to be six (6) months or more in
duration shall be re-bid. Shift assignments will commence the first full pay period after Shift
Selection has been completed.
Section 3. Rest & Meal Periods.
A. Breaks/Rest Periods. All employee work schedules shall provide, where applicable,
for a fifteen (15) minute rest period during each one-half shift. The rest period shall be at the job site
or in close proximity (no more than two (2) miles away from the job site). Rest periods are intended
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to allow employees a brief break from work activities. When the work being done is incidental to an
emergency declared by the Public Works Director or designee, employees shall not be entitled to rest
periods until the emergency work has been completed.
B. Meal Periods. All employees shall be granted an on-duty, paid meal period during
each work shift. Those meal periods shall be as near the middle of the shift as possible. Employees
are expected to take only a minimal amount of time for the purpose to eat a meal and only when
work allows. Such meal period shall not exceed 20 minutes. Meal periods shall be at the job site or
in close proximity (no more than two (2) miles away from the job site); however, the supervisor can
grant exceptions to this rule concerning length of time and proximity to the worksite.
C. Overtime Breaks and Meal Periods. Employees called back or required to work
outside of normal work hours shall be given paid fifteen (15) minute rest periods after each two (2)
continuous hours of work and/or paid thirty (30) minute combination rest and meal periods after each
four (4) continuous hours of work.
D. Meal Allowance. The City will provide either an actual meal itself or a single
allowance of fifteen dollars ($15.00) to an employee who is required to work four (4) or more
continuous hours of unscheduled overtime beyond a normal shift.
Section 4. Post-trip Inspection/Clean-up.
Employees shall be granted forty-five (45) minutes at the end of each shift to arrive at the
yard, clean-up equipment, fuel up, perform post-trip inspections, complete paperwork, and brief their
supervisor on work accomplished. Employees may use up to fifteen (15) minutes at the end of each
shift for personal clean-up, provided that the tasks listed above and all work for the shift are
complete and that employees remains ready to work until the end of shift. If there is a need to arrive
at the yard earlier than 45 minutes before the end of the shift, permission must be granted by
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Management.
Section 5. Time and Place for Reporting for Work.
Employees shall be ready to commence work or depart from their reporting stations for job
assignments at the beginning of each work schedule and work until the end of their work shift
excluding the allowed clean up time per the bargaining unit agreement. Employees are required to
use a time capture device and must clock in before the beginning of any work shift and clock out at
the end of the shift. The employee must call the designated phone number no later than one-half (1/2)
hour before the start of the shift if they will be absent or late. Employees are not authorized to leave
the work site early without Supervisor’s approval of authorization to leave prior to the end of the
shift. Each employee is responsible for ending his or her work shift at the appropriate time.
Section 6. Reporting Time.
Any employee who presents himself/herself for work as scheduled shall be assigned to at
least one (1) hour of work on the job for which he/she was scheduled.
Section 7. Call/Show-up Time and Work from Home.
A. Any employee called to work outside of his/her regularly scheduled shift shall be paid
for a minimum of three (3) hours “show-up” time or the actual number of hours worked, whichever
is greater, at his/her scheduled hourly rate. Only one show-up allowance may be paid an employee
per 24-hour period, after which compensation will be for actual hours worked.
B. In the event an employee is called at home to perform work that may be accomplished
there, he or she shall be compensated by the payment of one (1) hour of call back pay at his/her
scheduled hourly rate for the first call received and fifteen (15) minutes, or the actual time worked,
whichever is greater, for each ensuing call during the same contiguous off-duty period ending with
the employee's next regular reporting time.
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Section 8. Shift Differential.
Full time employees of the Street Section shall be eligible for Shift Differential of three
dollars ($3.00) per hour as follows:
1. Shift work starting at or after 7:00 p.m. but before 5:00 a.m. shall qualify for the
differential.
2. As an exception to the normal requirement that shift work be regular and recurring,
those who bid on and are assigned to pre-established “night” shifts for emergency snow removal
shall also receive the differential for hours worked in that contingency capacity.
3. If an employee volunteers for or is otherwise assigned to project work or to fill-in on a
temporary basis on shifts that would ordinarily satisfy the criteria of subsection 1 above, that
employee shall be entitled to the differential for all hours worked in that assignment.
4. For the purposes of either standby actually worked, or overtime performed, in
conjunction with an underlying qualifying night schedule, Shift Differential, as a premium pay, shall
be added prior to calculation of one and one-half (1½) times the employee’s regular hourly rate.
5. Payment of Shift Differential shall only be for actual hours worked and not applied to
non-duty status compensation for vacation; sick, funeral, or emergency leave; compensatory or
holiday time; and any related absence with pay.
Section 9. Exceptions.
When the Deputy Public Works Director or designee has determined that an emergency
exists, the Union agrees that the provisions of this Article may be temporarily suspended in order to
control the situation which has caused the emergency.
Section 10. Standby.
Any employee selected by Management as being on standby and specifically designated as a
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standby employee shall be compensated one hour at straight time for each of the below blocks of
time that the employee is on standby. Standby shall be scheduled for the following blocks:
Sunday from 3:00 pm to 10:30 pm
Monday from 3:00 pm to 10:30 pm
Tuesday from 3:00 pm to 10:30 pm
Wednesday from 3:00 pm to 10:30 pm
Thursday from 3:00 pm to 10:30 pm
Friday from 3:00 pm to 11:00 pm
Friday from 11:00 pm to 7:00 am on Saturday
Saturday from 7:00 am to 3:00 pm
Saturday from 3:00 pm to 11:00 pm
Saturday from 11:00 pm to 7:00 am on Sunday
Sunday from 7:00 am to 3:00 pm
On the holidays recognized and observed in Article 14, standby will also be scheduled for any
additional blocks of time when no regularly scheduled shift is on duty.
In the event that standby causes an employee to accrue hours in excess of forty (40) in a work
week, then those hours shall be treated as overtime hours and subject to the same rules that apply in
Section 8.
• Employees are assigned to standby on a seven-day rotational basis using a standby /call list.
This person will be utilized for all work calls received after normal duty hours, on weekends
and holidays.
• Once an employee is assigned a standby assignment, it shall be the employee’s responsibility
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to complete the work assignment. In the event an employee cannot complete the work
assignment for personal reasons after the normal quitting time, it shall be that employee’s
responsibility to find another standby eligible employee to complete the assignment. If an
employee covers for a standby employee, a minimum of 24 hours must be exchanged by the
employees. Any employee excused or deferred from standby will have the amount of time
and pay deducted for the time they were not available to respond. The employee that filled in
for the scheduled standby employee would receive the any overtime pay and the standby pay
for the period they worked.
• If an employee is not able to fulfill the assigned standby due to a personal medical issue or
work-related injury and is not able to find a replacement, management will assign the next
person on the seniority/ call list as a replacement for the scheduled standby.
• Eligibility. Employees must be classified as Senior Maintenance Worker or have been
deemed eligible prior to January 1, 2019, to be eligible to be on standby.
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ARTICLE 8
OVERTIME
Section 1. Policy and Practice.
A. Definition. Overtime is defined as all hours in pay status in excess of forty (40) hours
in any scheduled work week and the hours/days identified in Section 4 of this Article. Overtime
work must be approved by the Street Operations Manager.
B. Holdover. Employee(s) with relevant skills involved in work that requires them to be
held over in order to complete the assignments will be offered that opportunity for overtime without
regard to the normal seniority list.
C. Rate of Pay. Compensation for overtime work shall be at one and one-half (1½) times
the employee's regular rate of pay.
D. Eligible Employees. For the purposes of this Article, only those employees in a non-
leave pay status are eligible for overtime work and need to be called, provided, however, that an
employee on approved vacation leave may ask to be retained on a particular overtime list for
emergencies only.
Section 2. Distribution of Overtime Work.
A. Overtime work shall be offered equally to employees who are qualified to do the
work.
B. Snow removal shifts will be determined by seniority bid of qualified employees in
each classification for day or night shift in October of each year. Once shifts have been established,
necessary overtime due to inclement weather will utilize the day call or night call process. When
overtime begins within three (3) hours of the start of the day shift, the day shift will be called for
overtime work. When the overtime begins within three (3) hours of the start of the night shift, the
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night shift will be called for overtime work. The provisions of section C do not apply for holdover
and emergency snow removal situations.
C. When an overtime assignment becomes available, except for holdover or emergency
snow removal situations, efforts will be made to contact the first qualified person at the top of the list
to offer him/her the opportunity to work. Anytime the contacted employee is available and accepts
an overtime assignment his/her name is placed at the bottom of the list. Anytime an employee is
contacted and declines an overtime assignment or does not answer, the employee’s name is placed on
the bottom of the list. Any employee who has been called out for and is still on an overtime
assignment will be required to finish that assignment before being considered for another
opportunity.
D. After a list of eligible employees has been exhausted, the least senior employee
qualified to perform the work in question will be required to accept the overtime assignment.
E. Supervisors shall cooperate with employees required to work overtime in making
arrangements for contingencies such as daycare or shared rides.
Section 3. Employee's Obligation to Accept Overtime Work.
Except for holdover and emergency snow removal situations, any employee shall have the
right to refuse the first call for overtime work on an individual overtime job, but must accept the
assignment on the second call.
Section 4. Definition of Pay Status.
For the purposes of this Article, the following shall be considered hours worked pursuant to
Fair Labor Standards Act (FLSA) requirements for calculation of overtime:
1. Holiday time
2. Vacation time
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3. Up to 3 additional days that are provided for Perfect Attendance Incentive
Section 5. Compensatory Time.
Compensatory time shall be given in accordance with the provisions of the FLSA, but all
employee requests for such shall require supervisory approval. All unused, accrued compensatory
time shall be paid out on the final paycheck of September for employees of the bargaining unit hired
on or after January 1, 2016. The compensatory time payouts will be taxed separately from regular
wages. New hire initial probationary employees will not be eligible for compensatory time until they
have successfully completed their probation except for snow removal and emergency overtime. All
overtime for initial probationary employees will be paid at the applicable overtime rate.
Section 6. Inclement Weather Declaration.
Employees directed by management to work during the time frame of the declaration and
who do report to work shall receive Compensatory Time equal to the same number of hours that the
inclement weather declaration coincides with the employee’s scheduled hours of work for that day.
Those employees directed by management to report to work and who do not report to work will be
required to use appropriate leave to cover the entire scheduled shift.
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ARTICLE 9
SENIORITY
Section 1. Definition.
Seniority shall be defined as the total length of uninterrupted service accumulated by an
employee in each of the following categories:
A. City Seniority - The total length of uninterrupted service following initial date of hire
with the City.
B. Division Seniority - The total length of uninterrupted service following the date of
assignment to the specific division where the employee is currently employed.
C. Classification Seniority - The total length of uninterrupted service following the date
of assignment to a specific job classification within a specific division of the City.
Employees shall accrue seniority for time spent on involuntary Military Leave or leave as a
result of an on-the-job injury or as provided elsewhere in this Agreement.
Section 2. Loss of Seniority.
An employee's seniority accumulation shall stop if the employee:
1. Is discharged for just cause (unless reversed and awarded back pay through the
grievance or other legal procedure).
2. Retires.
3. Quits or resigns. Any employee who voluntarily resigns on good terms and returns to
work in the same division within one hundred eighty (180) days shall receive credit for all City
seniority previously accrued. However, unless an employee receives direct compensation from the
City during that 180 day period, he/she shall accrue no further seniority. Divisional and
Classification seniority shall commence on the date the employee returns to work.
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Section 3. Seniority List.
Deputy Public Works Director or designee shall maintain an up-to-date seniority list of all
employees containing the name of each employee, date of hire, date entered the Division, and date
entered the classification.
Every six (6) months the City shall update and post the seniority lists on the official bulletin
boards and submit a copy to the Union. The City and the Union shall be allowed thirty (30) days to
notify one another of any errors they find in the seniority lists as posted.
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ARTICLE 10
PROBATIONARY EMPLOYEES
Section 1. Definition.
Probation shall mean the period of time that supervisors assess the work of an individual in
order to determine the ability of the individual to perform the required responsibilities of the
assigned position and continue employment in the assigned position.
Section 2. Initial Probation.
Each employee, following initial hire, shall be subject to a minimum probationary period of
1,040 work hours. This probationary period may be extended, for just cause, by the Employer for up
to 1040 additional work hours in increments of 520 hours, if the performance demonstrated by the
employee does not conclusively illustrate reasonable ability to complete the expected duties and if
the action to extend the probationary period is taken prior to the end of the initial probationary period
of 1040 work hours. The Employer agrees to notify employees in writing of decisions to extend
initial probationary periods.
All new employees serving in their initial probationary period with the Employer or in a
subsequent employment status interrupted by more than one hundred twenty (120) days shall be
considered probationary employees until they have completed the initial probationary period after
which their seniority shall date back to their most recent date of hire. The Employer shall be the
exclusive judge of a probationary employee's qualifications and ability and shall be the exclusive
judge in deciding whether to continue such an employee's employment. Provided, that Management,
in the interests of the efficient operation of the Division or to increase an employee's chance of
succeeding at this new position, may increase the probationary period up to an additional one
thousand forty (1040) work hours in increments of five hundred twenty (520) hours. An employee
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who does not successfully complete the initial probationary period may be terminated for just cause.
Section 3. Interim Probation.
All employees within the Bargaining Unit shall be eligible for a transfer to a job classification
in the same, lower or higher salary range as their current job classification without regard to race or
sex, provided each employee shall meet the minimum requirements of the classification, and
provided further, that such transfers or voluntary demotions or promotions within or from outside the
bargaining unit shall be on a probationary basis for one thousand forty (1040) work hours.Provided,
however, in the interests of the efficient operation of the Division or to increase an employee's
chance of succeeding at this new position, Management may extend the probationary period up to
one thousand forty (1040) additional work hours in increments of five hundred twenty (520) hours.
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ARTICLE 11
VACANCIES-TRANSFERS-PROMOTIONS - DEMOTIONS
Section 1. Definitions.
A. Vacancies: For the purposes of this Article, a vacancy is created when the
City/division increases the work force and/or chooses to fill an open position created by a
termination, resignation, or promotion.
B. Transfers: For the purpose of this article, a transfer shall be defined as an
interdepartmental or an intradepartmental move into the Street Maintenance Section. Employees
transferring into the Street Maintenance Section will serve an interim probationary period.
C. Promotion: For the purposes of this Article, a promotion is the advancement of an
employee to a higher classification level within the Street Section on a permanent basis.
D. Demotion: The movement or reduction of an employee to a lower classification.
Section 2. Posting of vacancies.
All vacancies to be filled on a permanent basis shall be posted on Union bulletin boards for a
period of five (5) working days prior to filling the vacancy. The posting notice will contain the job
title/description, shift, and any other information as necessary. The Superintendent or designee may
elect to conduct an external recruitment for position vacancies concurrently with the internal posting.
Employees requesting to change shifts must submit request in writing to the Superintendent or
designee when the vacancy is posted. Requests for shift change will be handled on a seniority basis.
Management shall make every effort to fill jobs as expeditiously as possible and shall promptly
notify the Union of decisions not to fill jobs at the time such decisions are made. On request of the
Union, Management shall provide a statement of the status of a position if the position is not posted
within thirty (30) days of the vacancy. Vacancy announcements shall not be required where the
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Employer allows a transfer or demotion to avoid a layoff situation. If a vacancy is not filled within
fourteen (14) days following the posted open bidding period, it may be re-opened for bids. If the
opening is neither filled nor re-opened, Management will notify the Union of and explain the reason
for its decision.
Section 3. Selection process.
Division seniority and qualifications will be used in determining those employees who will
be selected to fill the vacancy. Determinations as to the qualifications shall be reasonably determined
by Management. The selection may be based on the following:
1. Employee possesses the physical and other qualifications to perform the essential
position responsibilities with or without reasonable accommodations.
2. Employee does not have written level or above discipline for availability for work
issues. Past discipline beyond effective time limit will not count against the employee.
3. Employee demonstrates satisfactory performance in current position assignment;
demonstrates ability to maintain harmonious relations with coworkers and supervisors; and observes
City policies, rules and regulations.
The vacancy will be filled by the most qualified employee. When two or more employees
possess substantially equal qualifications, selection will be based on seniority. In the event an
employee is not appointed to a vacancy for which the employee has applied, the employee may
request written reason(s) for the denial.
Section 4. Promotion.
Promotion within the Division will be based on successful completion of the requirements of
the classification.
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Section 5. Demotion.
Involuntary. An employee may be demoted to a lower classification by Management if he or
she is unsuccessful in completing the interim probationary period. The following are examples
giving reason for demotion, not to be taken as an absolute list of all possible justifications for
demotion:
A. Due to continued unsatisfactory performance or their inability to satisfactorily
complete classification requirements.
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ARTICLE 12
LAYOFF PROCEDURE
Section 1. Layoff Determination.
Layoffs shall be defined as a reduction of staff or the elimination of any position to insure the
efficient and economical operation of the Section as determined by the Deputy Public Works
Director, Department Head, and/or the City Manager.
In the event a reduction in force is deemed necessary, employees shall be laid off as follows:
1. The Deputy Public Works Director shall designate where the layoff(s) will occur. In
general, temporary employees or employees who are partially subsidized through specially-budgeted
programs shall be laid off first, followed by benefit-eligible employees on part-time schedules,
followed by benefit-eligible full-time employees.
2. The laying off of benefit-eligible, full-time employees will occur in the inverse order
of their seniority.
Section 2. Required Notice.
Employees who are to be laid off shall be given formal written notice at least fifteen (15)
working days in advance of the date of the layoff. If such notice is not given, the Employer shall pay
to the individual affected one day’s salary for each day fewer than fifteen (15) that the notice was
actually provided. The Union shall be given a copy of the layoff notice.
Section 3. Recall.
Employees shall be recalled from layoff according to their seniority. If there is more than one
employee available to be recalled, Management shall recall the employee with the most seniority,
regardless of the number of skill levels he or she has.
The City shall retain a list of employees who have been laid off. Those who have remained
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on a layoff status for more than twenty-four (24) months shall be stricken from the list and no longer
subject to recall.
Employees on a recall list shall notify the Human Resources Director by Certified Mail
within ten (10) days of any change of address. Any employee failing to provide such a notice shall
have no recourse, legal or otherwise, against the City if a recall occurs and he/she has failed to
receive notice.
The City agrees to advise laid off employees on a recall list of a job vacancy by mailing
notices to the employees’ last known addresses as provided in the manner set forth above.
Any employee who receives notice of a recall and who desires to be considered for a vacancy
shall notify the Human Resources by Certified Mail -- within ten (10) calendar days of the postmark
of the City's notice -- stating the exact date the employee will be available to return to work. The
employee shall be required to be available to return to work within twenty-four (24) days of the
City's notice in order to be considered.
Section 4. Layoff Options.
Public Works Director or designee may recommend alternative cutback areas (to any
anticipated layoff of employees) to the City Manager. Nothing in this Agreement shall prohibit the
City Manager from entering into an arrangement with the Union to minimize the effect of general
layoffs by:
a) Reducing the total number of working hours of employees,
b) Reducing the level of payment to current classifications,
c) Implementing a rotational furlough system, or
d) Utilizing other scheduling variations which may cause minimal impact on services
rendered to the public.
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ARTICLE 13
SICK LEAVE
Section 1. Accumulation.
Employees covered by this Agreement shall accrue sick leave at a rate of 3.70 hours per pay
period for a forty-hour employee. The maximum year-end carry-over for sick leave shall be one
thousand forty (1,040) hours for a full time forty-hour employee. While bargaining unit members
may continue to accrue above that number at their normal rate during the ensuing twelve-month
period, any excess on December 31 will be zeroed out and compensated in accordance with the
provisions of Section 4 below. An employee must be performing assigned duties or on authorized
paid leave or Workers’ Compensation to be eligible to accrue sick leave.
Section 2. Requests.
(a) An employee shall only be allowed to utilize sick leave for approved purposes
pertaining to the provisions of acceptable sick leave use. Requests for use of sick leave shall be
made to the employee’s supervisor in accordance with established procedures. The requests may be
subject to reasonable audit, confirmation, and medical certification before or after approval.
Sick leave shall be available as it is accrued, including during the initial probationary period,
but shall not be allowed in advance of accrual.
(b) Non-emergency use of sick leave shall be requested at least two (2) full business days
in advance of the anticipated absence.
(c) Emergency use of sick leave shall be requested as follows:
(1) The employee shall notify the employee’s supervisor in accordance with
established procedures of the employee’s unavailability for work at least thirty (30) minutes
prior to the start of the work shift, except in extreme extenuating circumstances where
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personal condition of health or family emergency does not permit.
(2) The employee shall request the use of sick leave prior to leaving the work site
in the event the employee becomes ill on the job and, if possible, complete a sick leave
request prior to leaving the job site.
(3) In the case of either 1 or 2 above, the employee must complete and file a sick
leave request form with the employee’s supervisor within two full business days from the
date the employee returns to work or the use of accumulated sick leave shall not be allowed.
Section 3. Acceptable Use.
A. Sick leave may be utilized in minimum one-quarter-hour increments when an
employee is unable to perform duties due to personal sickness or injury or when the illness or injury
of an employee's spouse, child, stepchild, parent, grandparent, or grandchild living with the employee
requires care-giving from the employee. Additionally, sick leave may be used for medical, dental, or
other routine diagnostic or remedial treatment of the employee or the employee's spouse, child,
stepchild, parent, grandparent or grandchild living with the employee when facilitation is necessary
by the employee. In no case, however, shall sick leave granted for such purposes exceed the actual
time necessary for examination, treatment, and travel.
In non-emergency situations, employees shall schedule medical or dental appointments
and/or treatments at times which do not interfere with job-related duties and shall notify supervisors
as soon as the appointments are known. Sick leave may also be allowed or directed if exposure to a
contagious disease may endanger or jeopardize the attendance of other employees.
B. Sick leave may be utilized for elective surgery. If more than three (3) days will be
necessary, however, arrangements must be made in advance with the Supervisor so that the leave
will, to the extent possible, be at a time best suited to the work situation.
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Section 4. Year-end Reconciliation/Payment Upon Retirement.
Employees who at the end of the year have in excess of the number of Sick Leave hours
permitted for carry-over as stipulated in Section 1 above shall have such residual hours zeroed out
and compensated at the rate of fifty percent (50%) of their respective hourly wages on December 31.
Any employee eligible to retire under the Kansas Public Employees Retirement System (KPERS) or
the Social Security System will similarly be paid for thirty-five percent (35%) of eligible accrued
sick leave up to a maximum of three hundred ninety-seven (397) hours at his or her hourly rate
immediately preceding retirement.
Section 5. Return to Work.
Any employee who absents himself or herself on Sick Leave for more than three consecutive
workdays may be required to provide the Human Resources Director with a report from a medical
doctor duly licensed by the State of Kansas indicating the dates the employee has been under
treatment and certifying that he or she is capable of returning to full duty. Failure to provide a
doctor's statement as required may result in a determination that the Sick Leave in question was not
supported by medical opinion, thereby leading to disciplinary action for abuse.
Any employee who is off work as the result of a job-related injury shall, before starting back,
report to the Human Resources Department. The employee shall at that time provide to the Human
Resources Director a statement from a healthcare provider designated by the Human Resources
Director, certifying that the employee is capable of performing full regular duties.
The Human Resources Director may also require any employee appearing to be sick or
injured on the job or coming back to work from extended Sick Leave (more than three consecutive
work days) to report a heath care provider designated by the Human Resources Director for an
independent evaluation, regardless of whether or not a note from that employee’s personal physician
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has been presented. The cost of such an examination shall be paid by the Employer. Any employee
refusing to be examined by the designated health care provider may be subject to a determination that
he/she is not yet cleared to return to duty.
Section 6. Excessive Use of Sick Leave.
Any employee who establishes a pattern that makes it appear the employee is using sick leave
improperly shall receive a written notice from the Street Operations Manager notifying him or her to
report to the Human Resources Department Thereafter, the employee may be required to report to a
health care provider designated by the City for consultation concerning the employee's duty status.
The Human Resources Director or the designated health care provider may require a doctor's
statement certifying:
1. That the employee was treated and the date(s) of that treatment;
2. That the illness or injury was of sufficient seriousness to prevent the employee from
being present at work;
3. That the employee was unable to work on a specified date or dates because of the
illness or injury; and
4. That the employee may return to work to assume his or her regular duties on a date
certain.
Failure to comply with the above Doctor's statement requirement may result in a
determination that the Sick Leave in question was not supported by medical opinion, thereby leading
to disciplinary action for abuse.
Section 7. Leave Requiring Medical Attention.
An employee may remain on the job as long as his/her health permits. As provided in
Sections 3.A and 5 above, however, Management may require any employee to report to the Human
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Resources Department if there is reason to believe that that employee is incapable of performing
his/her duties because of illness or injury. The Human Resources Director may refer the employee to
a designated health care provider for consultation and/or examination to determine the ability of the
employee to perform his/her assigned duties.
Section 8. Employees Receiving Workers’ Compensation Benefits.
Any employee injured as the result of an accident arising out of and in the course of his or her
employment -- and who is receiving Workers’ Compensation benefits while he/she is Temporarily
Totally Disabled and is still employed as a regular employee of the City of Topeka -- may prorate
sick leave in an amount representing the difference between his/her normal base compensation from
the City and the amount received from Workers' Compensation. An employee who is receiving
Workers’ Compensation of any kind shall continue to accrue sick leave.
Section 9. Incentive for Non-Use of Sick Leave.
The purpose of this incentive is to discourage the repetitive use of sick leave by employees.
Upon successful completion of the initial employment probationary period, for each three (3)
consecutive months of perfect attendance, employees shall earn one (1) day of personal leave or the
equivalent in pay, provided, however, that none of the months may overlap into another month
period. The employee may accumulate up to four (4) personal leave days for this purpose annually.
Option 1: Employees may schedule use of the personal leave day with their Supervisor. Any
unused personal leave at the close of each calendar year must be taken during the period of January
1st through April 30th of the following year. An extension may be granted with the approval of
Deputy Public Work Director or designee.
Option 2: For each personal leave day earned, the employee may elect the option of
exchanging the personal leave day for one (1) day of pay at his or her regular hourly rate of pay, but
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only if the employee submits a written request to receive payment within fourteen (14) days after the
personal day is earned.
Section 10. Non-City Employment Injury and Use of Leaves.
Any City employee injured while in the employment of an employer other than the City shall
reimburse the City for any losses sustained by the City through sick or other paid leave usage,
provided both that the employer is insured and that a Workers' Compensation settlement is
consummated between the employee and the other employer. The amount reimbursed shall not
exceed the amount in pay made by the City.
Section 11. Effect of Inter/Intra-Departmental Transfers on Sick Leave Accrual.
Any employee who is transferred, promoted, demoted, reassigned, or otherwise placed in a
different Department shall be entitled to retain accrued sick leave.
Section 12. Light Duty for Injury On or Off The Job.
An employee injured either on or off the job who is unable to perform his or her assigned
duties may be placed on light duty as determined by a healthcare provider designated by the Director
of Human Resources. Street Operations Manager shall determine whether light duty positions exist
and the duties associated with each such activity.
Employees injured on the job shall receive preference in being placed in any available light
duty assignments. Any disputes concerning light duty positions or the right thereto shall be
submitted to the Human Resources Department for resolution. The Human Resources Director may,
with the agreement of the employee, place the employee in a light duty capacity in another
Department.
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ARTICLE 14
HOLIDAYS
Section 1. Holidays Recognized and Observed.
The following days shall be recognized and observed as paid holidays:
1. New Year's Day -- January First
2. Martin Luther King, Jr.'s Birthday -- Third Monday in January
3. Memorial Day -- Last Monday in May
4. Juneteenth – June Nineteenth
5. Independence Day -- July Fourth
6. Labor Day -- First Monday in September
7. Veterans Day -- November eleventh
8. Thanksgiving -- Fourth Thursday in November
9. Friday after Thanksgiving
10. Christmas Eve Day -- December twenty-fourth
11. Christmas Day -- December twenty-fifth
All holidays shall commence at 12:01 a.m. on the day of the designated holiday and shall end
at 12:00 midnight on the day of the designated holiday; except for street maintenance equipment
operators assigned to a regularly scheduled night shift whose holidays shall commence at 12:01 p.m.
on the day of the City designated holiday and shall end at 12:00 p.m. on the day after the City
designated holiday. Eligible employees shall receive a normal day's pay for each of the holidays
listed above on which they perform no work.
Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall
be observed as the holiday.
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Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall
be observed as the holiday.
Should the City designate an alternate day other than the closest Friday or Monday, then that
will become the official holiday for the purposes of this Section. Management and the Union, on
behalf of the street maintenance equipment operators assigned to a regularly scheduled night shift,
may jointly designate an alternate holiday schedule which differs from the holiday schedule
described above, but only if the alternate holiday schedule is submitted to the Human Resources
Director before December 1 of the year preceding implementation.
Those personnel while assigned to 4 day 10 hour shifts:
• Eligible employees shall receive 10 hours pay for each of the holidays listed above on
which they perform no work.
• Eligible employees that normally have Friday off and any of the holidays listed above
shall fall on Saturday or Sunday, the preceding Thursday shall be observed as the holiday.
• If a holiday falls on a Saturday or Sunday, management shall have the discretion to
determine what day the holiday will be observe
Section 2. Eligibility Requirements.
Employees shall be eligible for holiday pay under the following conditions:
a. The employee would have been scheduled to work on such day if it had not been
observed as a holiday, unless the employee is on approved vacation leave, and
b. An employee being paid by Workers' Compensation shall receive holiday pay,
without using sick or other types of leave, in a pro-rated amount in order to equate to a full day of
pay when added to the amount of pay received from Workers' Compensation.
If the holiday is observed on an employee's scheduled day off or during his/her vacation, the
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employee shall be paid for the un-worked holiday at straight time only.
Section 3. Holiday Work.
If an employee is required to work on any one of the eleven designated holidays, as
determined in accordance with Section 1 above, he/she will be paid double time for all hours worked
in addition to his/her normal pay for the holiday. The employee may choose compensatory time, at
the same rate, in lieu of pay. When an alternate holiday is designated in accordance with Section 1,
work on a City designated holiday will be paid at the employee’s regular rate of pay.
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ARTICLE 15
VACATION
Section 1. Eligibility and Allowance.
Benefit-eligible employees shall earn vacation by pay periods according to the following
chart, prorated in relation to the average number of hours worked per week, provided the employee
works at least an average of twenty (20) hours per pay period:
Length of Service Hours Earned Per Days Earned Per Hours Earned Per
Pay Period Year Year
1-4 years 3.70 12 96
5-9 years 4.62 15 120
10-14 years 5.54 18 144
15-19 years 6.47 21 168
20-24 years 7.39 24 192
25-29 years 8.31 27 216
30 years & thereafter 9.24 30 240
The maximum carry-over from year to year for any forty-hour employee shall be two hundred
forty (240) hours.
Employees shall be allowed use of accrued vacation time in minimum one quarter (1/4) hour
increments.
An employee who is receiving Workers’ Compensation of any kind shall continue to accrue
vacation leave.
Section 2. Vacation Pay.
Vacation pay shall be the employee's regular straight time rate in effect for his/her regular job
on the day immediately preceding the vacation period.
Employees who request vacation while working 10 hour shifts, must use 10 hours of
vacation.
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Employees may convert up to a maximum eighty (80) hours of accrued vacation leave
annually into the equivalent in hourly rate compensation, with requests therefore being due by
December 1. Payments will be made with the final pay period of the calendar year, but in no case
will such lump sum buy-backs be treated as hours worked for the purposes of overtime calculation.
1. Twelve (12) full months of continuous service immediately prior to December 31 of the
year in which vacation buyback is applied.
2. Have Supervisor approval.
3. A “Meets Expectations” or better performance rating on their most recent performance
assessment and not be subject to disciplinary action at the time the vacation buyback is
requested.
4. Eligible to use, or be scheduled to use, at least 40 hours of vacation by December 31, of
the year in which vacation buyback is requested/
5. Retain a vacation balance, after the vacation buyback and vacation used during the year
are applied, of at least 80 hours but nor more than 240 hours.
Section 3. Choice and Selection of Vacation Period.
(a) All employee vacation choices and selections shall be by seniority and subject to
Divisional operational needs as determined by Street Operations Manager. Vacation requests shall
be made in advance to the Street Operations Manager or designee in writing in accordance with
established procedures. Once approved, vacations shall only be canceled for just cause.
Vacation requests will not be arbitrarily denied and will be based on operational needs.
(b) Requests for five (5) or more consecutive work days of vacation leave shall be made
at least seven (7) full business days in advance of the requested leave except for extreme emergency
situations. The supervisor shall either approve or deny in writing the vacation request as soon as
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reasonably possible but no later than two (2) full business days after the day the vacation request is
made by the employee.
(c) Requests for the use of less than five (5) consecutive work days of vacation leave
shall be made, whenever possible, at least two (2) full business days prior to the requested leave
except for extreme emergency situations. As soon as reasonably possible, but no later than one (1)
business day after the request is made by the employee, the supervisor shall either approve or deny
the vacation request made by the employee. Requests made within two (2) full business days may
and should be granted if the needs of the Department or Division so permit.
Section 4. Holiday During Vacation Period.
If a designated holiday, as provided in Article 14 of this Agreement, occurs during the work
week in which vacation is taken by an employee, the number of hours charged against the employee's
vacation period shall be reduced by the number of holiday hours that have occurred.
Section 5. Vacation Right in Case of Layoff, Separation, or Retirement.
a. Retirement. Any employee retiring without taking all of his or her earned vacation
shall be compensated for the unused hours.
b. Separation. Any employee separated from his/her employment after satisfactorily
completing the initial probationary period shall be compensated for all unused accrued vacation.
c. Laid-Off Employees. Any employee who is laid off after completion of his/her initial
probationary period shall be paid for any unused accrued vacation. Any employee temporarily laid
off may, at his/her option, "bank" unused accrued vacation pending a recall.
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ARTICLE 16
LEAVES OF ABSENCE
Section 1. Eligibility Requirements.
Employees shall be eligible for leaves of absence after completing their initial probationary
periods.
Section 2. Leave of Absence Without Pay; Obligations of Employee.
A leave of absence without pay is a predetermined amount of time away from work requested
by the employee and approved by the Department Head or designee.
While such a leave is permissible, approval is not obligatory. A leave of absence without
pay, except one brought about by a disciplinary action, is a privilege. As such, the best interests of
both the City and the employee shall be considered in determining whether such leave will be
granted. An approved leave of absence may later be canceled for just cause.
When an employee is granted a leave of absence without pay, he/she may return to work at
the end of the leave to the position left. If business necessity requires the City to fill the position of
an employee on an approved leave of absence, a temporary employee may be hired.
When granted a leave of absence without pay, the employee makes a commitment to return to
work at the end of the leave. Failure to return to work or to receive an extension of the leave from
the Department Head shall be considered a resignation.
Section 3. Leave of Absence Without Pay; Conditions.
A. During a leave of absence without pay, the employee:
1. Shall not receive pay from the City;
2. Shall not accrue any leave;
3. Shall not pay retirement contributions nor be credited time toward retirement for any
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time the employee is not is pay status;
4. Shall pay total health or other insurance falling due except as provided in Section 9
below;
5. Shall, upon return to work, carry over sick leave accrued prior to commencement of
the leave without pay; and
6. Shall not receive any other benefits during the absence.
B. Requests for unpaid leaves shall be made, in writing, to the Street Operations
Manager or designee prior to the requested leave.
C. Provisions of the Family and Medical Leave Act (FMLA) shall govern this Article
when the leave of absence qualifies for such purpose.
Section 4. Military Leaves.
An employee who is a member of a military reserve organization or a National Guard unit
shall be eligible for military leave benefits. A forty (40) hour employee may receive up to a
maximum of eighty (80) hours of Military Pay annually for temporary training and/or extended
military leave. An employee shall be paid only for those days he/she would normally have worked
during the time of the military assignment. Employees should notify management and the Human
Resources Department of the need for Military Leave as far in advance as possible. Written notice is
preferred, but not required under the law.
For extended military leave, employees are encouraged to complete a Military Leave of
Absence form and meet with Human Resources personnel to review the employees pay and benefits
prior to the commencement of leave. Subject to certain exceptions under the Uniformed Services
Employment and Reemployment Rights Act (USERRA) military leave benefits are limited to five (5)
years of leave of absence.
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Section 5. Funeral/Family Crisis Leave.
A. Forty (40) hour employees shall receive three (3) working days per occurrence (not to
be deducted from any hourly accruals) for funeral leave and a maximum of three (3) working days
for family crisis leave specifically for:
1. Making arrangements for and/or attending a funeral of an employee's spouse,
child, stepchild, parent, stepparent, grandparent, grandchild, sibling, spouse's parent, spouse's
sibling, son-in-law, daughter-in-law, aunt, uncle, or a family member of the immediate
household permanently residing under the same roof.
2. Attending to recovery (or in limited cases of advance warning, preventive)
measures associated with a disaster such as a fire, flood, or tornado or life threatening
emergency health problem. In addition, the City and the Union agree that the City may
require that an employee requesting such usage supply a statement from the attending
physician verifying that the health problem is both an emergency and life threatening.
3. In cases requiring travel in excess of two hundred and fifty (250) miles, the
employee may be granted up to 3 additional days off with pay at the discretion of the
Manager.
B. Determinations of eligibility for Funeral/Family Crisis leave use shall be made by the
Street Operations Manager and/or duly authorized supervisor, exercising reasonable discretion and
judgment consistent with personnel guidelines and the guidelines set forth in this section. Additional
time, if needed, approved, and justified, may be allowed from other leave accruals or pursuant to
leave of absence provisions.
Section 6. Jury Duty/Court Appearances.
An employee called to serve on jury duty or required to be a court witness, but not as a party
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in a civil matter or defendant in a criminal case, shall be paid an amount equal to the difference
between the wages which would have been earned on a given day and the compensation received as
a witness or juror. Alternatively, an employee may sign witness/juror fees over to the City in order
to receive regular pay.
An employee on jury duty/court appearance leave shall return to work for the balance of a
work day if the employee is excused by the court.
An employee shall not have deductions made from accrued leave for the purpose of this
provision, unless the employee is a party in a civil matter or defendant in a criminal case or appears
as a voluntary expert witness.
An employee appearing in court under this provision may retain any travel, lodging, and/or
meal reimbursements.
Section 7. Leave Agreements.
An employee shall enter into a written leave agreement with the Deputy Public Works
Director if the leave exceeds two (2) calendar weeks (including a leave of absence to pursue Union
Business). The agreement shall specify the conditions of the leave, whether it is with or without pay,
and what the employment status, salary, and other benefits will be.
The agreement shall be approved by the Human Resources Director prior to the
commencement of the leave. A copy of the leave agreement, excluding confidential information,
shall be provided to the Union.
Section 8. Medical Disability Leave.
A written request for a leave of absence with or without pay due to medical reasons must be
filed with the Human Resources Department prior to the effective date of the requested medical
leave. The request must be accompanied by a conclusive medical statement concerning the problem,
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the probable extent of incapacitation, and any prognosis of when the employee could resume full
responsibilities. The Human Resources Director may request an interim evaluation of the employee's
condition during such a leave.
In the event the employee is receiving Workers’ Compensation benefits as a result of an
injury sustained in City employment -- and such incapacitation is total and temporary but not
exceeding three (3) months' duration, the City may make contributions to the employee's health
benefits upon recommendation of the Deputy Public Works Director and approval of the Human
Resources Director, provided the employee is normally eligible for such benefits.
Physical incapacitation, including but not limited to pregnancy, miscarriage, abortion,
childbirth, or other related medical conditions and recovery therefrom, shall be considered as
temporary medical disabilities and treated as such under applicable leave provisions.
If Management believes that an employee's health or condition may be endangered by
continuing employment or that the employee cannot perform regular and necessary duties of the job,
it shall refer the employee to the Human Resources Department. The Human Resources Director may
further refer the employee to the CHCP, who may require the employee to provide a statement of
medical condition. The employee shall return to work at the conclusion of the medical disability
leave, contingent upon a statement from the CHCP indicating that the employee is medically able to
return to work. Consistent with the provisions of Article 13, Section 12, a light duty assignment may
be an option at the discretion of the Street Operations Manager.
An employee may use accrued sick leave on those occasions the employee is physically
unable to complete the duties of his/her employment. An employee desiring to use accrued sick
leave for a medical disability leave in excess of five (5) working days shall, if requested, provide a
medical statement from his/her physician to the Human Resources Department. Such medical
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statement may be reviewed by a medical advisor designated by the City -- and further information
pertaining to the specific condition may be requested from the attending physician. An employee
returning from approved medical leave shall be reinstated to the position held immediately prior to
the medical leave without loss of seniority, subject to medical clearance to perform those duties.
Section 9. Voting Time.
An employee who is eligible and registered to vote in a primary, general, or special election
held within the state shall, on the day of such election, be entitled to absent himself/herself from
employment with the City for a period not to exceed two (2) consecutive hours between the time of
opening and closing of the polls, provided, however, that if the polls are open before commencing
work or after terminating work but the period the polls are so open is less than two (2) consecutive
hours, the employee shall only be entitled to be absent from City employment for such period of time
which, when added to the period of time the polls are open, will not exceed two (2) hours. An
employee shall not, because of so absenting himself/herself, be subject to any penalty, nor shall
deductions be made on account of such absence from the employee's usual salary or wages.
Management may specify the particular times during the day which employees may absent
themselves for voting, except such times shall not include the regular lunch period. The
Management may require employees to show current voter registration cards in order to be eligible
for paid time off for voting.
Section 10. Civic Duty.
Employees appointed to a committee of the Topeka United Way shall be granted leave with
pay to attend committee meetings during their scheduled work hours as long as staffing levels are
being met, as determined by the Street Operations Manager.
Employees elected to any political or legislative positions who request leaves of absence for
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the time periods of their elected political or legislative positions shall be granted such without pay if
approved by the City Manager.
Section 11. Union Leave.
A. Up to five (5) members of the bargaining unit shall be allowed to attend Union
functions, such as but not limited to: Steward school, labor conventions, or organizational drives;
provided that staffing levels are not unreasonably and unduly affected as determined by
Management. Any such time off shall be without pay.
B. A pool of forty-eight (48) regular hours with pay will be provided each contract year
for bargaining unit members to attend State and/or National Union meetings. It is agreed that time
off for State and/or National Union meetings shall be paid as straight time and will not be considered
hours worked for the computation of overtime.
C. Up to five (5) members of the bargaining unit shall be granted paid time from duty for
attending any scheduled negotiation sessions. It is agreed that time off for Union-City joint
meetings, including reasonable travel time, shall be paid as straight time and will not be considered
hours worked for the computation of overtime.
D. Time spent in labor/management meetings called by management and time spent
conducting steward responsibilities will be considered regular hours worked for purposes of
overtime.
E. Union Official. Any one employee may be granted a leave of absence of up to three
(3) years, without loss of seniority, to serve as a Union official. The employee shall continue to
accrue seniority while on the leave of absence. Upon return, the employee shall return to the step the
employee would have attained if the employee had been continuously employed. The employee
must give thirty (30) days notice before the leave of absence is to begin. The thirty (30) day period of
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notification may be waived by mutual consent. The leave must be requested in writing. All vacation
leave shall be paid on the last pay period the employee is in pay status prior to leave of absence
commencing. The employee must give at least thirty (30) days advance notification of intent to
return to City employment to the Director of Human Resources. If the employee is returning within
three (3) years, the returning employee shall be placed in a like or similar position, if available, with
all corresponding rights of seniority. If no current City position is available and the employee is
returning within three (3) years, the employee shall be notified of the next vacancy for which they are
qualified. For Union Leaves of Absence which exceed three (3) years, there will be no rights to
seniority. The employee will be carried on a Recall List. Employees on the Recall List may refuse
two (2) jobs. After two (2) jobs are refused, the City has no obligation to notify the employee of
further vacancies and the employee may compete for other jobs within the City.
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ARTICLE 17
HEALTH AND SAFETY
Section 1. Safety.
It is the express policy of the Employer and the Union to cooperate in an effort to continue to
improve health and safety matters. The parties agree that it is in the best interests of the City, the
Union, and the Citizens that equipment should be operated properly and safely and that all safety
precautions and devices should be utilized at all times. In the furtherance of this policy, a joint
Union-Management health and safety committee may be established and meet upon request of either
party.
Such committee shall be comprised of two (2) employees from the bargaining unit selected
by the Union and two (2) representatives of the Employer, with one of those from each side serving
as Co-Chairman. The committee shall consider health and safety matters relating to all employees
within the Division. Union participants will receive their regular rates of pay for time spent in the
meetings during their regularly scheduled hours of employment, as approved by the Deputy Public
Works Director. This committee shall have the responsibility for reporting all health and safety
problems to the Deputy Public Works Director or designee, who may initiate such actions as
necessary to get them corrected.
Safety/Health Rules and Regulations shall be recommended by the joint committee to the
Deputy Public Works Director or designee, who shall have the right to approve, reject, or revise
them. There shall not be any rules or regulations implemented until approved by the Deputy Public
Works Director. Said rules and regulations shall cover, but not be limited to: training; personal
protection; conduct; work standards; equipment; appurtenances; and sanctions for willful disregard
or omissions.
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Committee members pledge to do whatever they can to direct employees who are suspected
of abusing alcohol or drugs to professional counselors, including those in the Employee Assistance
Program (EAP). If an employee’s apparent drug or alcohol abuse persists, committee members
further pledge to inform the Director of Human Resources in a timely manner.
Section 2. Healthcare Benefits.
The Employer agrees to make group healthcare benefits available to all employees who are
eligible -- as set forth in the provisions of the Employer's group health care benefits plan and who
sign up for such healthcare benefits. The Employer retains the authority to define group health
insurance coverage and select the carrier to maintain a cost effective program.
The Employer and Union agree to discuss and consider changes in coverage in continuing
efforts to contain and control escalating costs of group healthcare benefits. These discussions will
take place through the Healthcare Advisory Committee.
The Employer and the Union have agreed to cost-sharing for healthcare benefits as set forth
within the current Joint Memorandum of Agreement between the City of Topeka, this Union and
other bargaining units recognized by the City.
Section 3. Pension.
The Employer agrees to operate under the Kansas Public Employees Retirement System Act
(K.S.A. 74-4901, et seq.), as may be amended from time to time.
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ARTICLE 18
WAGES
Section 1. Pay Plan.
A. Classification and Pay Grade. Employees shall be paid according to the following
classifications and grades:
CLASSIFICATION GRADE
Maintenance Worker Trainee 1
Maintenance Worker 2
Maintenance Worker Senior 3
Maintenance Worker Specialist 4
B. Matrix Adjustments. Effective the first full pay period of January 2025, there shall be
a three percent (3%) across the board adjustment to the pay matrix. Effective the first full pay period
of January 2026 and January 2027 there shall be a two percent (2%) across the board adjustment to
the pay matrix. C. Pay Matrices.
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Section 2. Pay Period.
Employees shall be paid on every other Friday, twenty-six times per year. However, when a
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payday falls on a holiday, employees may be paid according to the published payroll schedule for the
city.
Section 3. Step Movement.
Employees shall be rated by their Supervisors during the month of January for the previous
calendar year. If an overall satisfactory (“Meets Expectations”) rating is achieved on such an annual
performance evaluation, employees who have successfully completed their initial hire probation shall
advance one step at the beginning of the first full pay period in February for 2025, 2026 and 2027.
An employee that has not received their annual performance appraisal since his or her last hiring date
anniversary shall be deemed to have been rated at least a “Meets Expectations.” Employees hired
into the Maintenance Worker classification shall advance one step upon successful completion of
initial hire probation.
Section 4. Classification Placement and Progression.
A. Placement for new hires. Employees hired after January 1, 2019, will be hired as a
Maintenance Worker Trainee. Management may consider prior verifiable experience and hire a new
employee as a Maintenance Worker who shall be subject to all the provisions of Initial Probation in
Article 10.
B. Classification progression.
1. Maintenance Worker Trainees will advance to Maintenance Worker upon
successful completion of probation and all classification requirements.
2. Maintenance Workers who have met the requirements to move to the
Maintenance Worker Senior classification will advance on the first full pay period after
attaining the requirements set forth in the program guidelines.
3. Maintenance Worker Specialist positions shall be filled in accordance with
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Article 11.
4. Employees who promote to new classification will be placed in the new pay
grade at the same step they have attained at the time of the promotion.
C. Competency Program Incentive.
1. Maintenance Worker. At the beginning of the pay period following
completion of a non-mandatory category in the competency training program for
Maintenance Worker Senior, Maintenance Worker employees in Steps 1-20 will receive a
one-quarter percent (.25%) adjustment to their current rate of pay and Maintenance Worker
employees in Step 21 will receive a three-quarter percent (.75%) adjustment to their current
rate of pay.
2. Maintenance Worker Senior. At the beginning of the pay period following
completion of a non-mandatory category in the competency training program for
Maintenance Worker Specialist, the employee will receive a one-quarter percent (.25%)
adjustment to their current rate of pay and employees in Step 21 will receive a one percent
(1%) adjustment to their current rate of pay.
3. Employees may work on and complete competencies for the next
classification level in the categories they have completed; however, adjustments will not be
made to their rate of pay unless and until the employee has advanced to next said
classification.
4. Employees who have completed non-mandatory competency categories prior
to January 1, 2022, will have appropriate adjustments made to their rate of pay pursuant to
paragraph 1 and 2 above, effective the first full pay period of January 2022.
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ARTICLE 19
CLOSING AND SAVINGS CLAUSE
Section 1. Closing Clause.
The parties acknowledge that this Memorandum of Understanding (MOU) shall represent the
complete Agreement between the Employer and the Union, with the exception of Section 2 or as
otherwise indicated within this Agreement.
The parties stipulate that during the negotiations which resulted in this Agreement, each had
the unlimited right and opportunity to make requests and proposals with respect to any subject or
matter not removed by law; further, the complete understandings and agreements arrived at by the
parties after the exercise of that right and opportunity are set forth in this Contract.
Section 2. Savings Clause.
Should any part of this Agreement or any provision contained herein be declared invalid by a
tribunal of competent jurisdiction, such action shall not impact the remaining portions hereof, their
continuing to remain in full force and effect. Any invalidated provision, however, shall be subject to
the meet and confer procedure.
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ARTICLE 20
TERMINATION AND AMENDMENTS
This Agreement shall be effective for three years beginning January 1, 2025, through
December 31, 2027. It shall then be automatically renewed from year to year thereafter unless either
party shall notify the other, in writing, at least sixty (60) days prior to the expiration date that it
desires to modify the terms. In that event, negotiations shall begin not later than thirty (30) days
after the notice is given. It shall further remain in full force and effect during any period of
negotiations and until a new contract is implemented, unless notice of termination is provided.
In the event either the City or the Union does decide to so terminate this Agreement, written
notice must be given to the other party at least sixty (60) days prior to the desired termination date,
which shall not be before the expiration date set forth in the preceding paragraph.
At any time specific Articles within this Agreement may be re-opened with mutual consent of
the parties.
79
DATED AND ACKNOWLEDGED THIS _____ DAY OF ______________, 2024, IN THE CITY
OF TOPEKA, KANSAS.
CITY OF TOPEKA, KANSAS
_________________________________________
Robert M. Perez, Ph.D., City Manager
ATTEST:
_______________________________
Brenda Younger, City Clerk
TEAMSTERS UNION LOCAL 696
_________________________________________
Michael Scribner, Business Representative
80
CITY OF TOPEKA CONTRACT # _______
AGREEMENT
between
CITY OF TOPEKA
and
EMPLOYEES
of the
CITY OF TOPEKA STREET MAINTENANCE SECTION
TEAMSTERS UNION, LOCAL NO. 696
JANUARY 20222025 - DECEMBER 20242027
Table of Contents
ARTICLE 1 RECOGNITION AND UNION SECURITY ............................................................. 1
Section 1. Preamble. .......................................................................................................... 1
Section 2. Employee Rights. .............................................................................................. 1
Section 3. City Ordinances................................................................................................. 1
Section 4. Bargaining Unit. ................................................................................................ 1
Section 5. Check-off. ......................................................................................................... 2
Section 6. Visits by Union Representatives. ...................................................................... 3
Section 7. Bulletin Boards. ................................................................................................ 3
Section 8. New Employees. ............................................................................................... 4
ARTICLE 2 GENERAL PROVISIONS AND MISCELLANEOUS BENEFITS .......................... 5
Section 1. Code of Ethics and Pledge Against Discrimination and Coercion. .................. 5
Section 2. Work Rules. ...................................................................................................... 5
Section 3. Policies, Rules, and Regulations not Contained in this Agreement. ................. 6
Section 4. Uniforms. .......................................................................................................... 7
Section 5. Protective Equipment. ....................................................................................... 7
Section 6. Return of City Property. .................................................................................... 8
Section 7. Night Security. .................................................................................................. 9
Section 8. Performance Assessments. ................................................................................ 9
Section 9. Distribution of the Memorandum of Agreement. ............................................. 9
Section 10. Job Studies. ..................................................................................................... 9
Section 11. Union/Management Meetings. ...................................................................... 10
Section 12. Employee Assistance Programs. ................................................................... 10
Section 13. Driver's License/Insurability Requirements. ................................................. 10
Section 14. Cafeteria Benefit Plan. .................................................................................. 12
Section 15. Deferred Compensation. ............................................................................... 12
Section 16. Employee Development. ............................................................................... 12
Section 17. Mileage Reimbursement. .............................................................................. 14
Section 18. Employee Wellness Development Program.................................................. 14
Section 19. Benefits Committee. ..................................................................................... 14
Section 20. Personal Day. ................................................................................................ 14
Section 21. Residency. ..................................................................................................... 15
Section 22. City Issued Cell Phones. ............................................................................... 15
Section 23. CDL Medical Examinations. ........................................................................ 15
ARTICLE 3 DEFINITIONS ......................................................................................................... 18
ARTICLE 4 MANAGEMENT RIGHTS...................................................................................... 20
ARTICLE 5 GRIEVANCE PROCEDURE .................................................................................. 22
Section 1. Definition. ....................................................................................................... 22
Section 2. Applicability.................................................................................................... 22
Section 3. Representation................................................................................................. 22
Section 4. Union Grievances............................................................................................ 22
Section 5. Steward System. .............................................................................................. 22
Section 6. Procedure. ....................................................................................................... 24
Section 7. Arbitration. ...................................................................................................... 26
Section 8. Authority of Arbitrator. ................................................................................... 26
Section 9. Arbitration Expenses. ...................................................................................... 27
Section 10. Effect of Time Limits. ................................................................................... 27
i
Section 11. Expedited Grievance Procedure. ................................................................... 27
ARTICLE 6 DISCIPLINE AND DISCHARGE ....................................................................... 2928
Section 1. Policy. ......................................................................................................... 2928
Section 2. Procedure. ................................................................................................... 3029
Section 3. Grounds for Suspension or Termination. .................................................... 3130
Section 4. Manner of Discipline. ................................................................................. 3332
Section 5. Notification of Disciplinary Action. ........................................................... 3433
Section 6. Form and Measure of Disciplinary Action.................................................. 3433
Section 7. Personnel File.............................................................................................. 3433
ARTICLE 7 HOURS OF WORK ............................................................................................. 3635
Section 1. Regular Hours. ............................................................................................ 3635
Section 2. Work Schedules. ......................................................................................... 3635
Section 3. Rest & Meal Periods. ...................................................................................... 36
Section 4. Post-trip Inspection/Clean-up. .................................................................... 3837
Section 5. Time and Place for Reporting for Work. .................................................... 3937
Section 6. Reporting Time. .......................................................................................... 3937
Section 7. Call/Show-up Time and Work from Home. ............................................... 3937
Section 8. Shift Differential. ........................................................................................ 4038
Section 9. Exceptions. .................................................................................................. 4039
Section 10. Standby...................................................................................................... 4039
ARTICLE 8 OVERTIME ......................................................................................................... 4341
Section 1. Policy and Practice. ..................................................................................... 4341
Section 2. Distribution of Overtime Work. .................................................................. 4341
Section 3. Employee's Obligation to Accept Overtime Work...................................... 4442
Section 4. Definition of Pay Status. ............................................................................. 4442
Section 5. Compensatory Time. ................................................................................... 4543
Section 6. Inclement Weather Declaration................................................................... 4543
ARTICLE 9 SENIORITY ......................................................................................................... 4644
Section 1. Definition. ................................................................................................... 4644
Section 2. Loss of Seniority. ........................................................................................ 4644
Section 3. Seniority List. .............................................................................................. 4745
ARTICLE 10 PROBATIONARY EMPLOYEES .................................................................... 4846
Section 1. Definition. ................................................................................................... 4846
Section 2. Initial Probation. ......................................................................................... 4846
Section 3. Interim Probation. ....................................................................................... 4947
ARTICLE 11 VACANCIES-TRANSFERS-PROMOTIONS - DEMOTIONS ....................... 5048
Section 1. Definitions................................................................................................... 5048
Section 2. Posting of vacancies. ................................................................................... 5048
Section 3. Selection process. ........................................................................................ 5149
Section 4. Promotion.................................................................................................... 5149
Section 5. Demotion..................................................................................................... 5250
ARTICLE 12 LAYOFF PROCEDURE.................................................................................... 5351
Section 1. Layoff Determination. ................................................................................. 5351
Section 2. Required Notice. ......................................................................................... 5351
Section 3. Recall. ......................................................................................................... 5351
Section 4. Layoff Options. ........................................................................................... 5452
ARTICLE 13 SICK LEAVE ..................................................................................................... 5553
ii
Section 1. Accumulation. ............................................................................................. 5553
Section 2. Requests. ..................................................................................................... 5553
Section 3. Acceptable Use. .......................................................................................... 5654
Section 4. Year-end Reconciliation/Payment Upon Retirement. ................................. 5755
Section 5. Return to Work. .......................................................................................... 5755
Section 6. Excessive Use of Sick Leave. ..................................................................... 5856
Section 7. Leave Requiring Medical Attention. ........................................................... 5956
Section 8. Employees Receiving Workers’ Compensation Benefits. .......................... 5957
Section 9. Incentive for Non-Use of Sick Leave. ......................................................... 5957
Section 10. Non-City Employment Injury and Use of Leaves. .................................... 6058
Section 11. Effect of Inter/Intra-Departmental Transfers on Sick Leave Accrual. ...... 6058
Section 12. Light Duty for Injury On or Off The Job. ................................................. 6058
ARTICLE 14 HOLIDAYS........................................................................................................ 6259
Section 1. Holidays Recognized and Observed. .......................................................... 6259
Section 2. Eligibility Requirements. ............................................................................ 6360
Section 3. Holiday Work. ............................................................................................. 6461
ARTICLE 15 VACATION ....................................................................................................... 6562
Section 1. Eligibility and Allowance. .......................................................................... 6562
Section 2. Vacation Pay. .............................................................................................. 6562
Section 3. Choice and Selection of Vacation Period. .................................................. 6663
Section 4. Holiday During Vacation Period. ................................................................ 6664
Section 5. Vacation Right in Case of Layoff, Separation, or Retirement. ................... 6764
ARTICLE 16 LEAVES OF ABSENCE ................................................................................... 6865
Section 1. Eligibility Requirements. ............................................................................ 6865
Section 2. Leave of Absence Without Pay; Obligations of Employee. ........................ 6865
Section 3. Leave of Absence Without Pay; Conditions. .............................................. 6865
Section 4. Military Leaves ........................................................................................... 6966
Section 5. Funeral/Family Crisis Leave. ...................................................................... 7067
Section 6. Jury Duty/Court Appearances. .................................................................... 7067
Section 7. Leave Agreements. ...................................................................................... 7168
Section 8. Medical Disability Leave. ........................................................................... 7168
Section 9. Voting Time. ............................................................................................... 7370
Section 10. Civic Duty. ................................................................................................ 7370
Section 11. Union Leave. ............................................................................................. 7471
ARTICLE 17 HEALTH AND SAFETY .................................................................................. 7673
Section 1. Safety. ......................................................................................................... 7673
Section 2. Healthcare Benefits. .................................................................................... 7774
Section 3. Pension. ....................................................................................................... 7774
ARTICLE 18 WAGES.............................................................................................................. 7875
Section 1. Pay Plan....................................................................................................... 7875
Section 2. Pay Period. .................................................................................................. 8276
Section 3. Step Movement. .......................................................................................... 8277
Section 4. Classification Placement and Progression. ................................................. 8277
ARTICLE 19 CLOSING AND SAVINGS CLAUSE .............................................................. 8579
Section 1. Closing Clause. ........................................................................................... 8579
Section 2. Savings Clause. ........................................................................................... 8579
ARTICLE 20 TERMINATION AND AMENDMENTS ......................................................... 8680
iii
ARTICLE 1
RECOGNITION AND UNION SECURITY
Section 1. Preamble.
This Agreement is by and between the City of Topeka, Kansas, hereinafter referred to as the
“City,” the “Employer,” or “Management” and the City of Topeka Street Section of the International
Brotherhood of Teamsters, Local No. 696, hereinafter referred to as “Teamsters” or “Union.”
Section 2. Employee Rights.
Public employees shall have the right to form, join, and participate in the activities of
employee organizations of their own choosing, for the purpose of meeting and conferring with public
employers or their designated representatives with respect to grievances and conditions of
employment. In accordance with existing state laws, public employees shall also have the right to
refuse to join or participate in the activities of employee organizations.
Section 3. City Ordinances.
The parties agree that all ordinances now in force which are not in conflict with any provision
of this Agreement shall apply to members of the bargaining unit. Any ordinances hereafter enacted
may also be applied to employees of the bargaining unit covered by this Agreement, provided that
both parties consent to such application.
Section 4. Bargaining Unit.
The Employer recognizes the Union as the exclusive agent for employees in the collective
bargaining unit. As defined in the State of Kansas Public Employee Relations Board Case No. 75-
UCA-2-2000, that unit shall consist of employees in the Street Maintenance Section holding part-
time and full-time permanent and probationary positions as Maintenance Worker Trainee,
Maintenance Worker, Maintenance Worker Senior and Maintenance Worker Specialist.
1
The City agrees to advise the Union in advance of any changes in or additions to the above
classifications and to meet and confer with the Union before the institution of any change to the
terms and conditions of employment of the employees covered by the provisions of this Agreement.
Section 5. Check-off.
The Employer agrees to deduct the Union membership initiation fee assessments, dues,
and/or representation fees once each month on the first pay day from the wages of those employees
who personally request in writing such deductions be made. The written authorization for the above
deductions shall be received in the Human Resources Department at least thirty (30) days prior to the
day that said deductions are to be made. The amounts to be deducted shall be certified to the
Employer by the official Treasurer of the Union. The aggregate deductions of all employees shall be
remitted together with a computer printout to the official Treasurer of the Union by the end of the
succeeding month after such deductions are made by the Department of Financial Services. The
computer printout shall consist of a listing of every employee for which current Union deductions are
withheld.
To partially offset the administrative costs associated with the check-off service, the
Employer is authorized to charge and receive reimbursement from the Union in the amount of $.10
per bargaining unit member per deduction and $.60 for the processing of any change. For the
purpose of administering this provision, “change” shall mean in the amount of a deduction or in the
addition or removal of someone from the check-off computer printout. Although monthly
itemizations shall accompany such regular printout, the annual total of check-off administrative fees
for the prior calendar year shall be billed to the Union Treasurer each January.
The Union will notify the Director of Financial Services in writing whenever any employee
has elected to rescind his or her authorized deduction for Union membership. Such a withdrawal of
2
authorization shall become effective with the first full pay period following the date of receipt of
the notice.
All withholding and benefit deductions shall be made before the Union check-off is taken
from the employee's wages. In the event no wages are left in any pay period to meet the Union
check-off, the City is not obligated to process the deduction. Neither is it responsible for keeping
track of or retroactively deducting check-offs when the employee's pay becomes sufficient to cover
them. No Union check-off shall be made if an employee is on unpaid leave.
Section 6. Visits by Union Representatives.
Non-employee Union representatives will be permitted to come on the premises of the
Employer for the purpose of investigating grievances, discussing alleged violations of the
Memorandum of Agreement, and fulfilling their exclusive representative obligations to members of
the bargaining unit, provided they report to the Street Operations Manager and give the following
information: (a) The name of the employee to be visited and (b) the approximate time needed for
and purpose of the visit.
The Street Operations Manager will determine whether the employee's duties are such that
the employee can be made available at the time to talk to the Union representative. If the Street
Operations Manager determines that the employee's duties are such that he/she cannot be released at
that time, the Union representative will be told when the employee will be available.
Section 7. Bulletin Boards.
The official bulletin boards provided for posting notices to employees in the Division and/or
Section may be made available to appropriate Union officials for the purpose of posting notices of
Union meetings, results of elections, and Union activities. Such notices shall be dated and on Union
stationery. The Union agrees to furnish a copy of any such notice to the Street Operations Manager
3
prior to its posting.
Section 8. New Employees.
The City will introduce new bargaining unit employees to a Union Steward on the job.
4
ARTICLE 2
GENERAL PROVISIONS AND MISCELLANEOUS BENEFITS
Section 1. Code of Ethics and Pledge Against Discrimination and Coercion.
The Union hereby commits itself and all bargaining unit members to abide by the provisions
of the City of Topeka Code of Ethics as adopted by the City Council on March 27, 2007, as may be
amended, and made applicable to all elected and appointed officials and employees.
The provisions of this Agreement shall be applied equally to all employees without
discrimination as to age, familial status, race, religion, gender, color, creed, sexual orientation,
national origin or ancestry, political affiliation, or disability that does not affect job performance.
The Union shall share equally with the Employer the responsibility for applying this provision of the
Agreement.
All references to employees in this Agreement designate both sexes, and wherever just the
male gender is used it shall be construed to include male and female employees.
The Employer agrees not to interfere with the right of employees to become members of the
Union. There shall be no discrimination, interference, restraint, or coercion by the Employer or any
Employer representative against any employee of the Union membership.
There shall be no coercion exercised upon any employee in an attempt to persuade them to
join the Union. Likewise, there shall be no discrimination, interference, threats or restraint exercised
upon any non-union employee. The Union recognizes its responsibility as bargaining agent and
agrees to represent all employees within the bargaining unit, without discrimination, interference,
restraint, or coercion, whether or not they belong to the Union.
Section 2. Work Rules.
It is understood that work rules and/or regulations will not be inconsistent with the provisions
5
of this Agreement. Work rules and/or regulations will be reasonable and uniformly applied in like
circumstances.
Existing work rules and regulations pertaining to the performance of work and the conduct of
employees shall be available in the Street Section for review by employees. One copy of the rules
and regulations shall be made available to the Union. When existing work rules are changed or new
rules established, they shall be posted prominently on the Street Section bulletin board for a period of
seven (7) consecutive calendar days before implementation. In the event the Union does not agree to
a proposed new or changed rule or regulation which would materially affect a condition of
employment, it shall not take effect until the parties have met to discuss the issue. Such a meeting
shall take place within fifteen (15) days of receipt by the City of the Union’s written objection to the
proposal.
During an emergency as declared by the Public Works Director or his/her designee, existing
work rules may be temporarily suspended.
Section 3. Policies, Rules, and Regulations not Contained in this Agreement.
The parties agree that all City policies and programs, as well as the administrative rules and
regulations implementing them, now in force or hereafter enacted in accordance with the Topeka
City Code and Personnel Code and not in conflict with any provision of this Agreement, shall apply
to all employees covered by this Agreement. The City will provide written notice of proposed new
policies, programs, and rules or regulations, or material changes to existing policies, programs, and
rules or regulations, to the Union prior to presentation for public comment. In the event the Union
does not agree to a proposed policy, program, rule, or regulation which would materially affect a
condition of employment, it will not apply to employees covered by this Agreement. Any additional
benefits and/or rights granted to all City employees by any such policy or program or the
6
administrative rules and regulations implementing it, however, will also be applied to employees
covered by this Agreement.
Section 4. Uniforms.
If employees are required to wear a uniform as a condition of employment, such uniforms
shall be furnished to the employee by the Employer. The Employer agrees to provide employees of
the Street Section with the following uniform items in the quantities listed:
High Visibility T-shirts (7)
Jeans or bib overalls (7)
Denim work shirts (7)
Heavy Coat with hood (1)
Insulated bib overalls (1)
Hooded High Visibility Sweatshirt Jacket (1)
High Visibility Work cap/hat (baseball style) (1)
High Visibility Work cap/hat (stocking) (1)
High Visibility Work cap/hat (safari or wide brim) (1)
Additional or replacement uniforms shall be subject to a "repair or replace" program
administered by the Employer. In the event of lost clothing or damage due to carelessness, the
employee shall pay for the replacement. Employees are expected to exercise diligence in the care of
uniforms. Laundry services will be provided for all clothing (jeans, work shirts, etc.) supplied by the
contracted rental company. It is the employee’s responsibility to launder and maintain their high
visibility t-shirts and sweatshirts.
Section 5. Protective Equipment.
Employees are required to wear Personal Protective Equipment (PPE) which include protective
7
clothing and safety-toe work boots and other certain protective equipment as a condition of employment.
Such Personal Protective Equipment (PPE) protective clothing or protective equipment shall be furnished
to the employee by the Employer. Employees are required to wear safety-toe work boots of at least six
inches (6”) in height. Employees may wear rubber boots for specific applications (such as when working
with concrete) with the approval of Management. The City will pay up to one hundred seventy-five
dollars ($175.00) toward the purchase of authorized footwear including toward the purchase of an
employee’s first pair and any Management authorized replacement pairs. Additional or replacement work
boots shall be subject to a “repair or replace” program administered by the Employer.
The Employer agrees to provide safety glasses to all employees who are required to wear them.
The Employer agrees to pay up to a total of one hundred fifty dollars ($150.00) annually toward the
purchase or repair of such prescription safety glasses. The Employer agrees to provide respirator masks
that are resistant to oil particulates for employees that work with the mastic machine.
The requirement for any type of protective clothing or equipment shall be determined by the
Employer. In the event of loss or damage due to carelessness, the employee shall pay for the replacement.
Employees are expected to exercise diligence in the care of protective clothing or equipment. Assigned
Personal Protective Equipment (vests, hats, etc.) shall be stored on-site in the employee’s assigned locker.
Section 6. Return of City Property.
Employees shall return any property belonging to the City upon separation. Such property
shall include, but not be limited to, the following:
A. Uniforms furnished to the employee by the City;
B. Any tools, equipment, and/or materials belonging to the City;
C. ID Badges, cell phones, keys, etc., that could be used to gain access to City property
and all copies made thereof; and
D. Protective devices or clothing furnished by the City.
8
Upon termination of employment, the employee agrees to return all City property. The
employee also agrees to return all uniform items when uniforms are updated or replaced. Failure to
return all City property will result in the cost of such property being deducted from the employee’s
final check provided the deduction does not reduce wages below the minimum wage. When the
value of unreturned City property exceeds $250.00 and such value has not been deducted from the
final check, the City may pursue civil remedies to recover such property or its value.
Section 7. Night Security.
The Employer will regularly check on all employees working by themselves to assure their
health and safety.
Section 8. Performance Assessments.
All employees shall be given copies of their annual job evaluations immediately after signing.
No changes shall be made on evaluations after copies have been provided. All employees shall be
entitled to fair and impartial evaluations. Accidents shall not cause an employee to be rated
downward in the event the accident is found to be no fault of the employee.
Section 9. Distribution of the Memorandum of Agreement.
Unless advised differently by the Union prior to printing, the Employer will make available to
the Union one copy of this Agreement for each employee in the bargaining unit within one week
after receiving the reproduced copies. If the City provides a copy for each bargaining unit employee,
the printing cost shall be shared equally between the Union and the City. Stewards will be
authorized to distribute copies of the Memorandum of Agreement to employees.
Section 10. Job Studies.
Union requests for job reclassification studies shall be considered on an individual, case-by-
case basis. If the Human Resources Director and/or the Public Works Director determine that a job
9
study is warranted, the study shall be conducted by the Human Resources Department. As a result of
the study, the Director of Human Resources shall make a recommendation to the City Manager, who
shall make the final determination whether any reclassifications are approved.
Section 11. Union/Management Meetings.
At the request of either the Union or the Employer, meetings shall be held for the purpose of
considering matters of mutual interest other than grievances, provided that mutually acceptable
arrangements as to time and place can be made. Employees designated as representatives of the
Union, not to exceed four (4), shall not suffer a loss of time or pay when absent from their assigned
work schedules for the purpose of attending said meetings.
Section 12. Employee Assistance Programs.
The City and Union agree to cooperate in encouraging employees who are in need of
counseling and/or assistance in such areas as alcoholism, drug abuse, financial and/or legal
difficulties, family problems, and similar areas to undergo programs directed to their rehabilitation.
An employee may be required to seek appropriate remedial counseling if, in the determination of the
Street Operations Manager, the employee's personal behavior and/or activity is interfering with job
performance. Referrals for assistance may be arranged confidentially through either the Human
Resources Department, the Deputy Public Works Director or designee or the Union.
Section 13. Driver's License/Insurability Requirements.
A. All bargaining unit members who are required to obtain or maintain a valid Commercial
Driver’s License (CDL) will be provided up to two (2) hours of on-duty time to take the initial CDL
test or to renew an existing license.
B. The Employer agrees to reimburse employees for the cost of required endorsements, as
determined by Management, pursuant to State requirements for a CDL. The City shall reimburse
10
employees for the first attempts to acquire or renew their CDLs, but all fees associated with
subsequent attempts will be the responsibility of the employee.
C. Employees shall notify their supervisors in the event their personal driver’s licenses or
CDLs are suspended, revoked, or otherwise confiscated or when they are charged with any driving
infraction. Such notification shall be made to the supervisor prior to the start of the next scheduled
work period. Under no circumstances shall a Street Section employee whose driver’s or CDL license
has been suspended, revoked, or otherwise confiscated operate a City vehicle prior to supervisory
notification of the restrictive action. Failure to report the license encumbrance or the operation of a
City vehicle prior to supervisory notification thereof shall be grounds for immediate disciplinary
action up to and including termination from City employment.
D. An employee who suffers the loss of his or her license for a period of ninety (90) calendar
days or less or becomes uninsurable under the City’s current policy coverage shall be assigned to
non-driving duties for a period of thirty (30) calendar days. Thereafter, an employee will be assigned
to non-driving duties for which the employee is qualified for an additional sixty (60) calendar days,
but will be paid at the rate for the position into which he or she is assigned. Employees may use
accrued vacation, personal leave, or compensatory time during this sixty (60) calendar day period. If
an employee’s license is reinstated or he or she becomes insurable during this overall ninety (90)
calendar day period, the employee shall be reinstated to his or her former position.
E. Unless there exists a non-driving position to which he or she can continue to be assigned
without any special accommodation, an employee who suffers the loss of his or her license or
remains uninsurable under the City’s current policy coverage for a period of time greater than ninety
(90) calendar days shall be removed from his or her position with the Street Section but kept on the
City rolls with continued benefits at the minimum salary level necessary to cover the deductions
11
therefor in an otherwise non-duty, non-pay status for an additional ninety (90) calendar days while
competing for positions which have no license and/or insurability requirements. Employees may use
accrued vacation, personal leave, or compensatory time during this ninety (90) calendar day period,
however, to continue receiving full pay.
Section 14. Cafeteria Benefit Plan.
All benefit-eligible bargaining unit members may participate in the Cafeteria Benefit Plan,
established and recognized as a qualified Internal Revenue Service Section 125 Plan. Bargaining
unit members shall have the same benefits, rights, and obligations as all other City employees who
are members of this plan, as well as be subject to any changes in the plan that would affect those
other employees.
Section 15. Deferred Compensation.
All benefit-eligible employees may participate in the Deferred Compensation Plan as defined
by the City of Topeka.
Section 16. Employee Development.
The purpose of the City's employee development program is to promote improved
productivity in City services.
A. Only full-time, benefit-eligible employees may be reimbursed for tuition expenses for
academic or technical courses pursued through recognized accredited educational institutions.
B. The course must directly relate to the employee's current job duties or be an outside-
the-major electives required for a degree or certificate in a field to which the
employee would have a reasonable expectation of being promoted while employed at
the Street Section.
C. Up to one thousand dollars ($1000.00) annually may be authorized and reimbursed
12
for eligible employees.
D. An employee must complete the request for tuition reimbursement form as provided
by the Human Resources Department and have the concurrence and signatures of Management as
required on the form before the employee can be reimbursed. The approved request form must be
received by the Human Resources Department within one month after the beginning date of the
course which the employee desires to attend. Evidence of completion with a passing grade of "C"
(70th percentile) or above and proof of payment for the course must be received by the Human
Resources Department within two months after the ending date of the semester/session/quarter in
which it was taken in order for the employee to receive reimbursement.
E. The City will not reimburse employees for non-credit special interest courses
completed by examination only; continuing education courses; late fees; lab fees; extracurricular
fees; textbooks; or other course-related materials and tuition covered by other sources such as
government assistance to a veteran (GI Bill), grants, scholarships, and similar programs.
F. An employee attending a course pursuant to these guidelines during working hours
may arrange with his/her supervisor to utilize compensatory time, vacation time or time without pay
as scheduling/staffing allows as determined by Management for the time utilized to attend the
course(s).
G. The Deputy Public Works Director or designee shall make every effort to budget for
and approve reimbursement for academic courses for employees. The Deputy Public
Works Director or designee shall approve courses on a first-come, first served basis
in a non-discriminatory manner. Approval will be subject to budgetary constraints.
H. American Concrete Institute (ACI) certification or recertification will be paid by
employer.
13
Section 17. Mileage Reimbursement.
Reimbursement to an employee for the use of his or her private vehicle for City business shall
be conditioned upon approval by the Deputy Public Works Director or designee prior to such use.
Requests for approval after the use shall only be honored in extraordinary circumstances where pre-
authorization was not feasible -- and in any event at the total discretion of the Deputy Public Works
Director or designee. Approved reimbursement shall be at the rate established by the City.
Section 18. Employee Wellness Development Program.
To encourage policies and practices that enable employees to achieve optimal physical and
mental health, the City shall offer a physical fitness facility to bargaining unit employees. All those
wishing to participate in a physical fitness program must apply through the City Wellness Center
prior to the start of a class. This program may be subject to budgetary restrictions.
Section 19. Benefits Committee.
The Union shall be entitled to select one (1) employee from the bargaining unit as a
representative on any City Employees Benefits Committee. Such representative shall receive his/her
regular rate of pay for the time spent in meetings during regularly scheduled hours of employment,
not to exceed two (2) hours per month. The Deputy Public Works Director or designee may,
however, authorize additional time on a case-by-case basis upon written request from the employee
representative.
Section 20. Personal Day.
All bargaining unit employees shall, upon successful completion of their initial employment
probationary periods (minimum 6 months, maximum 9 months), be granted one (1) discretionary
personal day off with pay per calendar year. Employees must schedule such personal days off with
their Supervisor. This personal day cannot be carried over from one (1) calendar year to the next
14
except due to extenuating circumstances as approved by the Supervisor. However, in all instances
the Personal Day must be used by June 30th of the next calendar year or be lost.
a) Personnel, while working five day - 8 hour shifts will be granted 8 hours for their
personal day.
b) Personnel, while working four day – 10 hour shifts will be granted 10 hours for
their personal day.
Section 21. Residency.
Employees hired after December 31, 1981 must either be bona fide residents of Shawnee
County at the time of appointment or establish such residency within six (6) months of completion of
their initial employment probations. Residency shall also be maintained within the limits of
Shawnee County for the duration of City employment. The City Manager may grant one extension,
not to exceed six (6) months, for the establishment of residency for good cause shown. All
bargaining unit members shall be subject to the residency requirements as set forth in Ordinance
20370 passed on September 6, 2022 and any amendments to or repeal of the current code.
Section 22. City Issued Cell Phones.
In the event an employee is provided with a cell phone, the restrictions on and rates per
minute for personal use will be commensurate with City policy.
Section 23. CDL Medical Examinations.
Those employees whose job responsibilities require a Commercial Driver’s License will be
required to complete a Department of Transportation (DOT) Medical Examination every two years
or as prescribed by a certified DOT medical examiner. DOT medical examinations will be at the
expense of the City and completed by a DOT approved medical examiner designated by the City.
Employees will be reimbursed up to $250 for out-of-pocket medical expenses related to the DOT
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medical examination.
(a) If the healthcare provider informs the Human Resources Department that the
employee is temporarily (for a period of 90 days or less) unable to perform the essential job
function of CDL job functions, the following options shall be available:
(1) The employee may request a leave of absence utilizing accrued leave;
or
(2) The Human Resources Department in consultation with the
Department Head may determine a temporary light duty assignment for which the
employee can perform.
(b) If in the judgement of the City’s health care provider, an employee will not,
within the foreseeable future, be able to perform the essential job function of CDL duties, the
Human Resources Department will work with the employee and the department to explore
options which include:
(1) Demote, or transfer to another positon within the department for
which the employee meets the minimum position requirements and can perform all of
the essential job functions of that position;
(2) Demote, or transfer to another positon in another department for
which the employee meets the minimum position requirements and can perform all of
the essential job functions of that position;
(3) Alternatively, the employee may elect to retire, if eligible or seek
medical long-term disability;
(4) If no other positon is available or the employee is not eligible for
retirement or disability, the Human Resources Director may seek termination.
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(c) An employee who fails the required physical exam may, at their own expense
and on their own time, obtain a DOT physical from their own DOT certified medical
examiner; however, the City’s occupational healthcare provider must authorize the findings
before the employee is cleared to perform CDL job functions.
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ARTICLE 3
DEFINITIONS
The following terms, when used in this Agreement, shall have the meaning ascribed to them
unless the context clearly indicates otherwise:
A. Full-time Employee is one who works 40 hours per week on a regular and continuing
basis.
B. Part-time Employee is one who works less than 40 hours per week on a regular and
continuing basis.
C. Regular Employee is a benefit-eligible, full- or part-time employee who has
satisfactorily completed a probationary period as stated in Article 10, Section 2.
D. Temporary Employee is one who works on an irregular or non-permanent basis.
E. Overtime shall mean work approved by the Management in excess of 40 hours per
week in pay status.
F. Classifications shall be defined as the categories into which employees are grouped
and which are specified in Section 4 of Article 1 of this Agreement.
G. Permanent Employee is a benefit eligible, full-time or part-time employee, if they
have satisfactorily completed a probationary period.
H. Probation shall mean that period of time that supervisors assess the work of an
individual in order to determine the ability of the individual to perform the required responsibilities
of the assigned position and continue employment in the assigned position.
I. Probation Initial Hire shall apply to all newly hired employees and shall constitute a
period of time not less than 1040 work hours which may be extended in accordance with Article 10.
J. Probation Interim shall apply to all newly promoted, transferred and/or voluntarily
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demoted employees and shall constitute a period of time not less than 1040 work hours which may
be extended in accordance with Article 10.
K. Emergency is defined as an unexpected occurrence requiring immediate action or
attention such as a utility failure in the roadway, local disaster, a weather event, snow emergency, or
other public disaster that may cause the need for the clearing of streets and alleys.
L. Weather Event is a weather occurrence such as snow, sleet, strong damaging winds,
tornado, flooding, etc. that may cause the need to close or clear roadways, bridges, and overpasses.
M. Personal Protective Equipment (PPE) is protective clothing, equipment, gear or other
device required to be worn by the employee to provide protection. Such equipment and devices are
ANSI certified. Equipment are considered to be but not limited to safety vests, hats, safety-toe work
boots, etc.
N. Business Day is any weekday (Monday through Friday) when City of Topeka offices
are open for business.
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ARTICLE 4
MANAGEMENT RIGHTS
Except where limited by express provisions elsewhere in this Agreement, nothing in this
Agreement shall be construed to restrict, limit, or impair the rights, powers, and authority of the
Employer as granted to it under the laws of the State of Kansas and the Municipal Code. The rights,
powers, and authority include, but are not limited to, the following:
a) Direct the work of its employees;
b) Hire, promote, demote, transfer, assign, recall, and retain employees in positions
within the Section or Division;
c) Discipline, suspend, demote, or discharge employees for just cause;
d) Maintain the effectiveness, productivity, and efficiency of governmental operation;
e) Relieve employees from duties because of lack of work or for other legitimate
reasons;
f) Take actions as may be necessary to carry out the mission of the City in emergencies
as declared by Management; and
g) Determine the methods, means, and personnel by which operations are to be carried
on.
The provisions of this Article shall not, however, be used for the purpose of undermining the
Union.
The work performed by supervisory/Management personnel in responding to various
urgent/emergency situations during their on-call duty period is not to be used by Management as a
means of laying off bargaining unit personnel or refusing to fill a bargaining unit position vacated by
termination, retirement, or other forms of attrition. The parties agree that, if Management is aware
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that there is a need for overtime work (other than the types of work routinely performed by on-call
Management personnel during their on-call duty periods), then the work shall be performed by a
bargaining unit employee, subject to the provisions of Article 8 of this Agreement. The parties also
agree that work that will result in a continuation of a regular work schedule shall be performed by a
bargaining unit employee, subject to the provisions of Article 8 of this Agreement.
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ARTICLE 5
GRIEVANCE PROCEDURE
Section 1. Definition.
A grievance is defined to be any matter in which an employee maintains that his or her rights
or privileges have been violated by reason of the City's interpretation or application of the provisions
of this Agreement. Such matter(s) shall be resolved exclusively in accordance with the procedure
herein provided. Both parties agree to keep the grievance procedure free of non-meritorious claims.
Section 2. Applicability.
This process shall apply to permanent employees in the bargaining unit. Initial probationary
employees may utilize the procedure for benefit issues only.
Section 3. Representation.
The Union shall be the exclusive representative of all the employees in the bargaining unit for
purposes of presenting to and discussing with the City grievances arising from their employment.
Section 4. Union Grievances.
Union Officers or Stewards who are members of the bargaining unit shall have the right to
initiate a grievance when any provision of this Agreement is alleged to have been violated or when
the Employer’s interpretation of the terms and provisions of this Agreement is different from the
Union’s.
Section 5. Steward System.
The Employer agrees to recognize stewards who have been designated by the Union to serve
in this capacity. The number of stewards, selected from among regular employees in the bargaining
unit, will not exceed three (3), subject to modification by mutual agreement of the parties. One of
the stewards in the Street Section selected by the Union shall be designated as the Chief Steward.
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The Union agrees to provide the Employer a list of all stewards, designating their
assignments as a regular or alternate steward. The Employer agrees to provide a list of all
supervisors, designating the areas in which they serve. The Chief Steward is not restricted to any
area in performing assigned functions. The steward list will be maintained on a current basis.
Stewards shall be allowed reasonable time during working hours, without loss of pay or
leave, for the purpose of investigating grievances in the unit represented by the steward. Reasonable
time for this purpose shall be interpreted to mean not more than forty five (45) minutes per week. If
there are two (2) or more grievances filed in any one (1) week period, however, the investigating
steward shall have one (1) hour to investigate them. Requests to the Deputy Public Works Director
or designee for extensions of this time limit will normally be granted. Before leaving the assigned
work area, the Steward will notify the appropriate Supervisor and advise:
1. That the absence will involve Union business as it relates to possible grievances; and
2. The location to which the Steward is going.
It is understood that the work and service provided by the Employer are the primary concern
and that such requests for absences on Union business will reflect that concern. If the Supervisor
feels that the Steward cannot be excused at the requested time, the Supervisor will make
arrangements for him/her to be excused as soon as practical. On arriving at the destination, the
Steward will seek out the person in charge and advise the following:
1. The purpose of the Steward's visit; and
2. The name of the employee to be seen.
The Supervisor normally will make the employee available. If that cannot be done because of
work demands, the Supervisor will arrange to make the employee available as soon as possible.
Alternate stewards will function as stewards in the absence of the regular stewards and will
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observe the procedures set forth in this Section.
The Chief Steward will observe the procedures set forth in this Article except that he or she
will be allowed one and a half (1½ ) hours per week for investigating grievances.
An employee desiring to leave his or her assigned work area to discuss a grievance/complaint
with a steward will obtain prior permission from the immediate Supervisor. Permission will not be
unduly denied.
Section 6. Procedure.
The City and the Union agree to the following steps, time limits, and conditions for
presenting and adjusting grievances:
STEP 1: A grievance must be taken to the Supervisor within fourteen (14) calendar days
following knowledge of the problem and discussed among that Supervisor, the aggrieved
employee(s), and the Union Steward. If the grievance is not settled within ten (10) calendar days
following this discussion, the grievance shall be reduced to writing on forms provided by the City
and submitted to the next step.
STEP 2: In the event Step One does not resolve the matter, the written grievance shall be
forwarded to the Operations Manager within the above ten (10) calendar day period. The grievance
shall be signed by the employee and the Union Steward and set forth the facts of the dispute, the
relief sought, and the specific provision or provisions of the Contract alleged to have been violated.
Second step grievance discussions shall take place at a meeting with Operations Manager, grievant,
and Union Steward. Such meeting shall be scheduled and held within ten (10) calendar days of
receipt by the Operations Manager. The City shall give its written answer within seven (7) calendar
days after the close of discussion.
STEP 3: In the event Step Two does not resolve the matter, the written grievance shall be
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forwarded to the Deputy Public Works Director within the ten (10) calendar day period following
receipt of the City’s answer. The grievance shall be signed by the employee and the Union Steward
and set forth the facts of the dispute, the relief sought, and the specific provision or provisions of the
Contract alleged to have been violated. Third step grievance discussions shall take place at a
meeting among the Deputy Public Works Director, the grievant, and the Union Steward. Such
meeting shall be scheduled and held within ten (10) calendar days of receipt by the Deputy Public
Works Director. The City shall give its written answer within seven (7) calendar days after the close
of discussion.
STEP 4: Such answer shall be final unless the grievance is appealed by written notice to the
Director of Public Works within seven (7) calendar days after receipt of the City's third step answer.
Fourth Step grievance discussions shall take place at a meeting among the Director of Public Works
or designee, the Deputy Public Works Director, the grievant, and the Union representatives. Such
meeting shall be scheduled and held within ten (10) calendar days of receipt of the appeal by the
Director of Public Works. The City shall give its written answer within seven (7) calendar days after
the close of discussion.
STEP 5: Only the Union may advance a grievance beyond Step 4. The answer of the
Director of Public Works at the Step 4 level shall be final unless the Union appeals the decision to by
filing the grievance with the Human Resources Director within seven (7) calendar days after receipt
of the answer from the Director of Public Works. The Human Resources DirectorCity Manager or
designee (limited to Assistant City Manager, Deputy City Manager, or Human Resources Director)
shall investigate and conduct an informal hearing into the matter. The Human Resources
DirectorCity Manager or designee shall provide a final answer for the Union within fifteen (15)
calendar days of receipt of the appeal.
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STEP 6: The answer of the Human Resources DirectorCity Manager or designee shall be
final unless the Union appeals the grievance to arbitration by giving written notice of a desire to
arbitrate to the Human Resources Department within ten (10) calendar days after receipt of the City's
fifth step answer. The union will provide payment for one-half of the expense to obtain a roster of
arbitrators within ten (10) calendar days of the notification of the intent to arbitrate. Failure to submit
payment for the roster within ten (10) calendar days of filing a notice of intent to arbitrate will result
in a withdrawal of the notice and the matter will be considered settled on the basis of the City’s last
answer.
Section 7. Arbitration.
If the grievance is appealed to arbitration, the parties shall first meet to agree upon an
arbitrator. This meeting shall take place within ten (10) calendar days of receipt of the notice
specified in Step Six. Failing such agreement, the parties shall jointly ask the Federal Mediation and
Conciliation Service to submit a list of five (5) arbitrators. Should the first list of arbitrators be
unacceptable, either party may request that a second list of arbitrators be provided. The party
requesting arbitration shall strike the first name and each party shall strike one name alternately until
one arbitrator is left. The arbitrator shall be notified of his/her selection and a request shall be made
that the arbitrator set a time and place for the hearing subject to the availability of City and Union
representatives. The parties shall attempt to stipulate to the issue(s) before the arbitrator. At any time
upon mutual agreement from both parties there may be an extension of any timelines within this
Article.
Section 8. Authority of Arbitrator.
Only one grievance may be decided by an arbitrator at any hearing unless the parties mutually
agree to waive this requirement. The arbitrator shall have no right to add to, subtract from, nullify,
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ignore, or modify any of the terms of this Agreement or expand the issue(s). The arbitrator shall
consider and decide only the particular issue(s) presented in writing by the City and the Union. The
arbitrator's decision shall be based solely upon his/her interpretation of the terms of the Agreement.
If the matter sought to be arbitrated does not, in the arbitrator’s judgment, involve an interpretation
of the terms or provisions of this Agreement, he/she shall so rule. The decision of the arbitrator shall
be final and binding on the City, the Union, and the employee or employees involved.
Section 9. Arbitration Expenses.
The expenses of the arbitrator, including fees, shall be shared equally by the City and the
Union. Each party shall be responsible for its own arbitration expenses. When an employee of the
bargaining unit is subpoenaed by either party in an arbitration case, that employee may appear
without loss of pay if he/she appears during his/her regularly scheduled hours of work.
Section 10. Effect of Time Limits.
The parties agree to follow each of the foregoing steps in the processing of a grievance. If, in
any step, the City's representative fails to give a written answer within the time limit specified, the
grievance shall automatically be transferred to the next step at the expiration of such time limit. Any
grievance not moved by the Union to the next step within the time limits provided following the
City's answer will be considered settled on the basis of the City's last answer. The number of days to
answer or move a grievance may be extended by mutual agreement.
Section 11. Expedited Grievance Procedure.
In the event of an actual or proposed termination, the Union may bypass Steps 1, 2, 3, and 4
and file the grievance directly with the Director of Human Resources, as indicated in Step 5, who
will make the final determination on behalf of the City. All arbitration procedures thereafter shall be
in accordance with the provisions of Sections 7 and 8 of this Article.
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ARTICLE 6
DISCIPLINE AND DISCHARGE
Section 1. Policy.
The City reserves the right to, with just cause, discharge, suspend or otherwise discipline
employees for violations of City and/or departmental rules and regulations. All disciplinary and
corrective actions shall be subject to the provisions of the grievance procedure contained in this
Agreement. The seriousness of an offense will often vary with the circumstances prevailing at the
time of the occurrence and the motives which prompted the offense. Related and mitigating factors
shall be considered when determining the appropriate action to be taken. The disciplinary process
involves four steps of progressive discipline for infractions of a similar nature and which are of a
nature not serious enough to constitute just cause for immediate suspension or discharge. The
progressive steps are:
Caution Counseling -- Verbal discussion documented as to issue addressed, initialed by both
the supervisor and the employee, with a copy provided thereto, and placed in the employee’s
personnel file.
Written Reprimand -- Signed by the supervisor and the employee, to acknowledge receipt
thereof, witnessed by a Union Steward, and placed in the employee’s personnel file.
Suspension -- Notice in writing of a removal from pay status for a specified period of time,
with, at the employee’s discretion (subject to Deputy Public Works Director concurrence), an
alternative forfeiture of the equivalent amount of accrued vacation leave (provided, however, that
decisions regarding such substitutions, while deserving of an explanation, shall not themselves be
grieveable.)
Discharge -- Notice in writing of termination of employment with the City of Topeka for an
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offense(s) or recurrence of offenses serious enough to warrant such.
In the event an employee refuses to acknowledge receipt of a copy of any action, it shall be
noted by the Supervisor and initialed by the Union Steward. Employee assistance measures may be
utilized if deemed appropriate by Management. (See Article 2, Section 12).
Section 2. Procedure.
The progressive disciplinary system listed is intended to serve as warning to the employee
that he/she needs to improve in the listed area and that repeated incidents may result in suspension or
termination. The steps of progressive discipline are intended as a guideline for the application of
discipline but the City may apply any level of discipline commensurate with the seriousness of the
offense committed.
The City shall have the right to discipline employees up to and including termination;
provided, however, that all actions to terminate employees shall require the approval of the Human
Resources Director of the City. The City may place the employee to be terminated on administrative
leave with or without pay pending the resolution of an appeal filed under the provisions of Article 5
of this Agreement.
Offenses not normally considered serious enough to warrant immediate suspension or
termination:
1. destruction or loss of City property;
2. improperly using or obtaining leave time;
3. tardiness;
4. absence without permission or proper notice;
5. interference with the regular conduct of City business;
6. using City vehicles, property or equipment for personal use;
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7. consistent or continual unavailability for work;
8. engaging in habits that interfere with the individual's or any other employee's
performance on the job;
9. violations of any work rule governing a management’s right or Administrative Rule
and Regulation which governs a mandatory subject not contained within this
Agreement.
The above list does not constitute a complete and total listing of offenses but is for illustrative
purposes only.
Section 3. Grounds for Suspension or Termination.
Compliance with Department and Section rules is necessary to a safe and efficient workplace
and to maintaining sound relationships with employees. Below is a listing of offenses (not all-
inclusive) which are of such a serious nature as to warrant immediate discharge or suspension and for
which the Employer shall have the absolute right to take such actions without prior notice. With
offenses of this nature an employee may be placed on unpaid administrative leave while an
investigation is being conducted. If the investigation lasts longer than one week (five regular work
days), the employee will be put on paid administrative leave until the investigation is concluded.
Related and mitigating factors may be considered, however, when determining the appropriate
response to misconduct. The City reserves the right to determine that any violation of rules and/or
regulations may constitute just cause for immediate suspension or termination depending on the
circumstances relating to the offense.
Examples of offenses which may constitute sufficient and just cause for immediate
suspension or termination are as follows.
1. Refusing to perform work assignments.
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2. Leaving work assignment and/or City property without permission.
3. Insubordination.
4. Removal of any City property from City premises for the employee's personal use
and/or the disposal of any property without the written approval of the Deputy Public Works Director
or designee.
5. Theft of property belonging to the City
6. Knowingly falsifying information to the City or knowingly making false statements in
matters relative to employment.
7. Dishonesty in any form or degree.
8. Fighting, including striking a fellow employee or supervisor, or threatening a fellow
employee or supervisor with apparent intent to cause bodily harm.
9. Soliciting or performing during duty hours work not authorized or directed by or
otherwise beneficial to the City.
10. Performing non-City related activities during paid work time (e.g. sleeping,
performing personal activities such as artwork or online or catalog shopping).
11. Consumption of alcohol or possession or use of illegal drugs during working hours or
the inability to perform duties because of being under the influence of either or any other violation of
the City’s Alcohol and Controlled Substance Policy.
12. Willful and/or reckless neglect of duty.
13. Accident or injury caused by failure to follow safety procedures or by inattentiveness
of the employee.
14. Failure to return to work after an approved leave of absence or failure to return to the
job after any other approved departure.
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15. The use of unreasonable and abusive language or unacceptable treatment of a client,
citizen or other individual in the community, or City employee on the City payroll.
16. Violation of the City’s No Harassment or Discrimination Policy.
17. Solicitation or acceptance of money or anything of value to influence decisions in
public matters or as a reward for such decisions.
18. Possession of any type of firearm, explosive or concealed weapon without specific
authority.
19. Possession, sale, consumption or being under the influence of any alcoholic, narcotic
or other non-prescription substance while on the work site, except to the extent governed by the City
Substance Abuse Policy.
20. Other violations of a similar nature.
The above list does not constitute a complete and total listing of offenses but is for illustrative
purposes only.
The preceding list does not limit Management's right to take appropriate corrective or
disciplinary actions for just cause as necessary. Employees may request the presence of a Union
Steward at all disciplinary proceedings.
A permanent employee, as defined in Article 3, Paragraph C, of this Agreement, may be
removed for just cause. Any employee so removed shall be given written notice of his/her dismissal
with the reason(s) therefor. Any terminated employee shall be taken off the payroll immediately.
Section 4. Manner of Discipline.
If the Employer has reason to discipline an employee, it shall be done if at all possible in a
manner that will not embarrass the employee in front of other employees or the public.
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Section 5. Notification of Disciplinary Action.
For all proposed disciplinary actions, the Employer shall notify both the Union Business
Agent, Steward, and the employee involved that a corrective measure is being contemplated and
why. With that notification, employees shall be informed of their right to Union representation if
they so choose. It is the responsibility of the employee, however, to make the representation request.
The employee may waive Union representation, but must do so in writing. If waived, the employee
and/or the Union representative shall be given the opportunity at the ensuing meeting to rebut or
clarify the reasons for such possible discipline. Such meeting shall occur within fourteen (14) days
of Management’s having knowledge of the underlying problem, unless the Chief Union Steward is
advised within that time frame that an extension is necessary and why.
Section 6. Form and Measure of Disciplinary Action.
In the event disciplinary action is taken against an employee, the Employer shall promptly
furnish the employee, Union Business Agent and the Union Steward, (if representation has been
requested) a clear and concise statement in writing of the disciplinary action and reasons therefor.
Once the measure of discipline is determined and imposed, the Employer shall not increase it for the
particular act of misconduct. An employee shall continue to be entitled to the presence of a Union
representative at any phase of a disciplinary action, even if previously waived. If there is no Union
representation in a disciplinary matter, no resulting penalty can be used as a precedent for the
handling of a similar incident in the future.
Section 7. Personnel File.
A copy of any adverse action shall be given to the employee. All records of disciplinary
actions of a nature not serious enough to warrant immediate suspension or discharge shall remain on
file and shall not be used for progressive disciplinary purposes after eighteen (18) months from the
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date of the underlying incident if there has been continuous service free from additional disciplinary
actions for violations of a similar nature. Records of disciplinary actions involving immediate
suspensions shall remain in the personnel file and may be considered along with future violations of
a similar nature for disciplinary purposes for thirty-six (36) months from the date of the underlying
incident. Disciplinary actions involving policy violations of a harassing, discriminatory, or workplace
violence nature will remain on file and may be considered along with future violations of a similar
nature for the duration of employment.
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ARTICLE 7
HOURS OF WORK
Section 1. Regular Hours.
The normal work week for full-time employees in the bargaining unit shall be forty (40)
hours in a regularly recurring period of one hundred sixty-eight (168) hours in the form of seven (7)
consecutive twenty-four (24) hour periods. The normal work day for full-time employees shall be
eight (8) hours within a twenty-four (24) hour period. The Employer agrees to meet with the Union
during the life of this contract to work alternative work schedules to include 10-hour workdays
within a 24-hour period in four (4) consecutive days (Monday – Thursday or Tuesday – Friday). All
employees shall be assigned to a regular work shift and each work shift shall have a regular starting
and quitting time.
Section 2. Work Schedules.
(a) General.
Work schedules are defined as an employee's assigned hours, days of the week, days off, and
shift rotations. All work schedules showing employees’ shifts, work days, and hours shall be posted
on applicable departmental bulletin boards.
The Employer shall provide five (5) calendar days’ written notice to the Union and the
affected employees prior to making permanent changes in work schedules. Employees will not be
sent home early for the purpose of avoiding overtime.
Work schedules will not require employees to work split shifts or consecutive shifts, except
in emergencies as stated in Section 9.
In the situation of a weather event or emergency, management shall have the discretion to
assign staff for a work shift outside of their normal work shift until the work for that event is
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completed. Management will notify staff as soon as practicable if they are being assigned to an
alternate work shift due to a weather event or an emergency. Employees shall be allowed sufficient
time not to exceed one (1) hour without pay to report to an emergency shift. This does not apply in
cases of extreme emergencies.
Supervisors shall cooperate with employees required to work overtime in making
arrangements for contingencies such as daycare and shared rides.
(b) Shift Selection.
A general bidding for shift assignments will be held twice per year. Shift Selection will be
done by September 15 and March 15. Bid sheets will be posted for two weeks prior to Shift
Selection. A total of five (5) night shift spots will be bid. Seniority shall be utilized in selection of
the employee’s preferred shift, provided that at least one employee on the shift meets the certification
requirements set by Management. Any non bidded positions shall be filled by reverse seniority. Shift
bid assignments shall be controlling for a period of six (6) months, unless employee finds another
qualified employee for replacement. Management will provide opportunities for temporary shift
reassignments to allow for training opportunities when it will not interfere with the business
operations of the City at the sole discretion of Management. A shift vacancy caused by illness, injury,
self-downgrade, retirement or termination which is anticipated to be six (6) months or more in
duration shall be re-bid. Shift assignments will commence the first full pay period after Shift
Selection has been completed.
Section 3. Rest & Meal Periods.
A. Breaks/Rest Periods. All employee work schedules shall provide, where applicable,
for a fifteen (15) minute rest period during each one-half shift. The rest period shall be at the job site
or in close proximity (no more than two (2) miles away from the job site). Rest periods are intended
37
to allow employees a brief break from work activities. When the work being done is incidental to an
emergency declared by the Public Works Director or designee, employees shall not be entitled to rest
periods until the emergency work has been completed.
B. Meal Periods. All employees shall be granted an on-duty, paid meal period during
each work shift. Those meal periods shall be as near the middle of the shift as possible. Employees
are expected to take only a minimal amount of time for the purpose to eat a meal and only when
work allows. Such meal period shall not exceed 20 minutes. Meal periods shall be at the job site or
in close proximity (no more than two (2) miles away from the job site); however, the supervisor can
grant exceptions to this rule concerning length of time and proximity to the worksite.
C. Overtime Breaks and Meal Periods. Employees called back or required to work
outside of normal work hours shall be given paid fifteen (15) minute rest periods after each two (2)
continuous hours of work and/or paid thirty (30) minute combination rest and meal periods after each
four (4) continuous hours of work.
D. Meal Allowance. The City will provide either an actual meal itself or a single
allowance of tenfifteen dollars ($10.0015.00) to an employee who is required to work four (4) or
more continuous hours of unscheduled overtime beyond a normal shift.
Section 4. Post-trip Inspection/Clean-up.
Employees shall be granted forty-five (45) minutes at the end of each shift to arrive at the
yard, clean-up equipment, fuel up, perform post-trip inspections, complete paperwork, and brief their
supervisor on work accomplished. Employees may use up to fifteen (15) minutes at the end of each
shift for personal clean-up, provided that the tasks listed above and all work for the shift are
complete and that employees remains ready to work until the end of shift. If there is a need to arrive
at the yard earlier than 45 minutes before the end of the shift, permission must be granted by
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Management.
Section 5. Time and Place for Reporting for Work.
Employees shall be ready to commence work or depart from their reporting stations for job
assignments at the beginning of each work schedule and work until the end of their work shift
excluding the allowed clean up time per the bargaining unit agreement. Employees are required to
use a time capture device and must clock in before the beginning of any work shift and clock out at
the end of the shift. The employee must call the designated phone number no later than one-half (1/2)
hour before the start of the shift if they will be absent or late. Employees are not authorized to leave
the work site early without Supervisor’s approval of authorization to leave prior to the end of the
shift. Each employee is responsible for ending his or her work shift at the appropriate time.
Section 6. Reporting Time.
Any employee who presents himself/herself for work as scheduled shall be assigned to at
least one (1) hour of work on the job for which he/she was scheduled.
Section 7. Call/Show-up Time and Work from Home.
A. Any employee called to work outside of his/her regularly scheduled shift shall be paid
for a minimum of three (3) hours “show-up” time or the actual number of hours worked, whichever
is greater, at his/her scheduled hourly rate. Only one show-up allowance may be paid an employee
per 24-hour period, after which compensation will be for actual hours worked.
B. In the event an employee is called at home to perform work that may be accomplished
there, he or she shall be compensated by the payment of one (1) hour of call back pay at his/her
scheduled hourly rate for the first call received and fifteen (15) minutes, or the actual time worked,
whichever is greater, for each ensuing call during the same contiguous off-duty period ending with
the employee's next regular reporting time.
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Section 8. Shift Differential.
Full time employees of the Street Section shall be eligible for Shift Differential of three
dollars ($3.00) per hour as follows:
1. Shift work starting at or after 7:00 p.m. but before 5:00 a.m. shall qualify for the
differential.
2. As an exception to the normal requirement that shift work be regular and recurring,
those who bid on and are assigned to pre-established “night” shifts for emergency snow removal
shall also receive the differential for hours worked in that contingency capacity.
3. If an employee volunteers for or is otherwise assigned to project work or to fill-in on a
temporary basis on shifts that would ordinarily satisfy the criteria of subsection 1 above, that
employee shall be entitled to the differential for all hours worked in that assignment.
4. For the purposes of either standby actually worked, or overtime performed, in
conjunction with an underlying qualifying night schedule, Shift Differential, as a premium pay, shall
be added prior to calculation of one and one-half (1½) times the employee’s regular hourly rate.
5. Payment of Shift Differential shall only be for actual hours worked and not applied to
non-duty status compensation for vacation; sick, funeral, or emergency leave; compensatory or
holiday time; and any related absence with pay.
Section 9. Exceptions.
When the Deputy Public Works Director or designee has determined that an emergency
exists, the Union agrees that the provisions of this Article may be temporarily suspended in order to
control the situation which has caused the emergency.
Section 10. Standby.
Any employee selected by Management as being on standby and specifically designated as a
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standby employee shall be compensated one hour at straight time for each consecutive eight-hour of
the below blocks of time that the employee is on standby. Standby shall be scheduled for the
following blocks:
Sunday from 3:00 pm to 10:30 pm
Monday from 3:00 pm to 10:30 pm
Tuesday from 3:00 pm to 10:30 pm
Wednesday from 3:00 pm to 10:30 pm
Thursday from 3:00 pm to 10:30 pm
Friday from 3:00 pm to 11:00 pm
Friday from 11:00 pm to 7:00 am on Saturday
Saturday from 7:00 am to 3:00 pm
Saturday from 3:00 pm to 11:00 pm
Saturday from 11:00 pm to 7:00 am on Sunday
Sunday from 7:00 am to 3:00 pm
The eight-hour blocks of time shall commence at the end of the employee’s scheduled
workday and shall run consecutively thereafter.
On the holidays recognized and observed in Article 14, standby will also be scheduled for any
additional blocks of time when no regularly scheduled shift is on duty.
In the event that standby causes an employee to accrue hours in excess of forty (40) in a work
week, then those hours shall be treated as overtime hours and subject to the same rules that apply in
Section 8.
• Employees are assigned to standby on a seven-day rotational basis using a standby /call list.
This person will be utilized for all work calls received after normal duty hours, on weekends
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and holidays.
• Once an employee is assigned a standby assignment, it shall be the employee’s responsibility
to complete the work assignment. In the event an employee cannot complete the work
assignment for personal reasons after the normal quitting time, it shall be that employee’s
responsibility to find another standby eligible employee to complete the assignment. If an
employee covers for a standby employee, a minimum of 24 hours must be exchanged by the
employees. Any employee excused or deferred from standby will have the amount of time
and pay deducted for the time they were not available to respond. The employee that filled in
for the scheduled standby employee would receive the any overtime pay and the standby pay
for the period they worked.
• If an employee is not able to fulfill the assigned standby due to a personal medical issue or
work-related injury and is not able to find a replacement, management will assign the next
person on the seniority/ call list as a replacement for the scheduled standby.
• Eligibility. Employees must be classified as Senior Maintenance Worker or have been
deemed eligible prior to January 1, 2019, to be eligible to be on standby.
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ARTICLE 8
OVERTIME
Section 1. Policy and Practice.
A. Definition. Overtime is defined as all hours in pay status in excess of forty (40) hours
in any scheduled work week and the hours/days identified in Section 4 of this Article. Overtime
work must be approved by the Street Operations Manager.
B. Holdover. Employee(s) with relevant skills involved in work that requires them to be
held over in order to complete the assignments will be offered that opportunity for overtime without
regard to the normal seniority list.
C. Rate of Pay. Compensation for overtime work shall be at one and one-half (1½) times
the employee's regular rate of pay.
D. Eligible Employees. For the purposes of this Article, only those employees in a non-
leave pay status are eligible for overtime work and need to be called, provided, however, that an
employee on approved vacation leave may ask to be retained on a particular overtime list for
emergencies only.
Section 2. Distribution of Overtime Work.
A. Overtime work shall be offered equally to employees who are qualified to do the
work.
B. Snow removal shifts will be determined by seniority bid of qualified employees in
each classification for day or night shift in October of each year. Once shifts have been established,
necessary overtime due to inclement weather will utilize the day call or night call process. When
overtime begins within three (3) hours of the start of the day shift, the day shift will be called for
overtime work. When the overtime begins within three (3) hours of the start of the night shift, the
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night shift will be called for overtime work. The provisions of section C do not apply for holdover
and emergency snow removal situations.
C. When an overtime assignment becomes available, except for holdover or emergency
snow removal situations, efforts will be made to contact the first qualified person at the top of the list
to offer him/her the opportunity to work. Anytime the contacted employee is available and accepts
an overtime assignment his/her name is placed at the bottom of the list. Anytime an employee is
contacted and declines an overtime assignment or does not answer, his/herthe employee’s name is
placed on the bottom of the list. Any employee who has been called out for and is still on an
overtime assignment will be required to finish that assignment before being considered for another
opportunity.
D. After a list of eligible employees has been exhausted, the least senior employee
qualified to perform the work in question will be required to accept the overtime assignment.
E. Supervisors shall cooperate with employees required to work overtime in making
arrangements for contingencies such as daycare or shared rides.
Section 3. Employee's Obligation to Accept Overtime Work.
Except for holdover and emergency snow removal situations, any employee shall have the
right to refuse the first call for overtime work on an individual overtime job, but must accept the
assignment on the second call.
Section 4. Definition of Pay Status.
For the purposes of this Article, the following shall be considered hours worked pursuant to
Fair Labor Standards Act (FLSA) requirements for calculation of overtime:
1. Holiday time
2. Vacation time
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3. Up to 3 additional days that are provided for Perfect Attendance Incentive
Section 5. Compensatory Time.
Compensatory time shall be given in accordance with the provisions of the FLSA, but all
employee requests for such shall require supervisory approval. All unused, accrued compensatory
time shall be paid out on the final paycheck of September for employees of the bargaining unit hired
on or after January 1, 2016. The compensatory time payouts will be taxed separately from regular
wages. New hire initial probationary employees will not be eligible for compensatory time until they
have successfully completed their probation except for snow removal and emergency overtime. All
overtime for initial probationary employees will be paid at the applicable overtime rate.
Section 6. Inclement Weather Declaration.
Employees directed by management to work during the time frame of the declaration and
who do report to work shall receive Compensatory Time equal to the same number of hours that the
inclement weather declaration coincides with the employee’s scheduled hours of work for that day.
Those employees directed by management to report to work and who do not report to work will be
required to use appropriate leave to cover the entire scheduled shift.
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ARTICLE 9
SENIORITY
Section 1. Definition.
Seniority shall be defined as the total length of uninterrupted service accumulated by an
employee in each of the following categories:
A. City Seniority - The total length of uninterrupted service following initial date of hire
with the City.
B. Division Seniority - The total length of uninterrupted service following the date of
assignment to the specific division where the employee is currently employed.
C. Classification Seniority - The total length of uninterrupted service following the date
of assignment to a specific job classification within a specific division of the City.
Employees shall accrue seniority for time spent on involuntary Military Leave or leave as a
result of an on-the-job injury or as provided elsewhere in this Agreement.
Section 2. Loss of Seniority.
An employee's seniority accumulation shall stop if the employee:
1. Is discharged for just cause (unless reversed and awarded back pay through the
grievance or other legal procedure).
2. Retires.
3. Quits or resigns. Any employee who voluntarily resigns on good terms and returns to
work in the same division within one hundred twenty eighty (120180) days shall receive credit for all
City seniority previously accrued. However, unless an employee receives direct compensation from
the City during that 120180 day period, he/she shall accrue no further seniority. Divisional and
Classification seniority shall commence on the date the employee returns to work.
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Section 3. Seniority List.
Deputy Public Works Director or designee shall maintain an up-to-date seniority list of all
employees containing the name of each employee, date of hire, date entered the Division, and date
entered the classification.
Every six (6) months the City shall update and post the seniority lists on the official bulletin
boards and submit a copy to the Union. The City and the Union shall be allowed thirty (30) days to
notify one another of any errors they find in the seniority lists as posted.
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ARTICLE 10
PROBATIONARY EMPLOYEES
Section 1. Definition.
Probation shall mean the period of time that supervisors assess the work of an individual in
order to determine the ability of the individual to perform the required responsibilities of the
assigned position and continue employment in the assigned position.
Section 2. Initial Probation.
Each employee, following initial hire, shall be subject to a minimum probationary period of
1,040 work hours. This probationary period may be extended, for just cause, by the Employer for up
to 1040 additional work hours in increments of 520 hours, if the performance demonstrated by the
employee does not conclusively illustrate reasonable ability to complete the expected duties and if
the action to extend the probationary period is taken prior to the end of the initial probationary period
of 1040 work hours. The Employer agrees to notify employees in writing of decisions to extend
initial probationary periods.
All new employees serving in their initial probationary period with the Employer or in a
subsequent employment status interrupted by more than one hundred twenty (120) days shall be
considered probationary employees until they have completed the initial probationary period after
which their seniority shall date back to their most recent date of hire. The Employer shall be the
exclusive judge of a probationary employee's qualifications and ability and shall be the exclusive
judge in deciding whether to continue such an employee's employment. Provided, that Management,
in the interests of the efficient operation of the Division or to increase an employee's chance of
succeeding at this new position, may increase the probationary period up to an additional one
thousand forty (1040) work hours in increments of five hundred twenty (520) hours. An employee
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who does not successfully complete the initial probationary period may be terminated for just cause.
Section 3. Interim Probation.
All employees within the Bargaining Unit shall be eligible for a transfer to a job classification
in the same, lower or higher salary range as their current job classification without regard to race or
sex, provided each employee shall meet the minimum requirements of the classification, and
provided further, that such transfers or voluntary demotions or promotions within or from outside the
bargaining unit shall be on a probationary basis for one thousand forty (1040) work hours.Provided,
however, in the interests of the efficient operation of the Division or to increase an employee's
chance of succeeding at this new position, Management may extend the probationary period up to
one thousand forty (1040) additional work hours in increments of five hundred twenty (520) hours.
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ARTICLE 11
VACANCIES-TRANSFERS-PROMOTIONS - DEMOTIONS
Section 1. Definitions.
A. Vacancies: For the purposes of this Article, a vacancy is created when the
City/division increases the work force and/or chooses to fill an open position created by a
termination, resignation, or promotion.
B. Transfers: For the purpose of this article, a transfer shall be defined as an
interdepartmental or an intradepartmental move into the Street Maintenance Section. Employees
transferring into the Street Maintenance Section will serve an interim probationary period.
C. Promotion: For the purposes of this Article, a promotion is the advancement of an
employee to a higher classification level within the Street Section on a permanent basis.
D. Demotion: The movement or reduction of an employee to a lower classification.
Section 2. Posting of vacancies.
All vacancies to be filled on a permanent basis shall be posted on Union bulletin boards for a
period of five (5) working days prior to filling the vacancy. The posting notice will contain the job
title/description, shift, and any other information as necessary. The Superintendent or designee may
elect to conduct an external recruitment for position vacancies concurrently with the internal posting.
Employees requesting to change shifts must submit request in writing to the Superintendent or
designee when the vacancy is posted. Requests for shift change will be handled on a seniority basis.
Management shall make every effort to fill jobs as expeditiously as possible and shall promptly
notify the Union of decisions not to fill jobs at the time such decisions are made. On request of the
Union, Management shall provide a statement of the status of a position if the position is not posted
within thirty (30) days of the vacancy. Vacancy announcements shall not be required where the
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Employer allows a transfer or demotion to avoid a layoff situation. If a vacancy is not filled within
fourteen (14) days following the posted open bidding period, it may be re-opened for bids. If the
opening is neither filled nor re-opened, Management will notify the Union of and explain the reason
for its decision.
Section 3. Selection process.
Division seniority and qualifications will be used in determining those employees who will
be selected to fill the vacancy. Determinations as to the qualifications shall be reasonably determined
by Management. The selection may be based on the following:
1. Employee possesses the physical and other qualifications to perform the essential
position responsibilities with or without reasonable accommodations.
2. Employee does not have written level or above discipline for availability for work
issues. Past discipline beyond effective time limit will not count against the employee.
3. Employee demonstrates satisfactory performance in current position assignment;
demonstrates ability to maintain harmonious relations with coworkers and supervisors; and observes
City policies, rules and regulations.
The vacancy will be filled by the most qualified employee. When two or more employees
possess substantially equal qualifications, selection will be based on seniority. In the event an
employee is not appointed to a vacancy for which the employee has applied, the employee may
request written reason(s) for the denial.
Section 4. Promotion.
Promotion within the Division will be based on successful completion of the requirements of
the classification.
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Section 5. Demotion.
Involuntary. An employee may be demoted to a lower classification by Management if he or
she is unsuccessful in completing the interim probationary period. The following are examples
giving reason for demotion, not to be taken as an absolute list of all possible justifications for
demotion:
A. Due to continued unsatisfactory performance or their inability to satisfactorily
complete classification requirements.
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ARTICLE 12
LAYOFF PROCEDURE
Section 1. Layoff Determination.
Layoffs shall be defined as a reduction of staff or the elimination of any position to insure the
efficient and economical operation of the Section as determined by the Deputy Public Works
Director, Department Head, and/or the City Manager.
In the event a reduction in force is deemed necessary, employees shall be laid off as follows:
1. The Deputy Public Works Director shall designate where the layoff(s) will occur. In
general, temporary employees or employees who are partially subsidized through specially-budgeted
programs shall be laid off first, followed by benefit-eligible employees on part-time schedules,
followed by benefit-eligible full-time employees.
2. The laying off of benefit-eligible, full-time employees will occur in the inverse order
of their seniority.
Section 2. Required Notice.
Employees who are to be laid off shall be given formal written notice at least fifteen (15)
working days in advance of the date of the layoff. If such notice is not given, the Employer shall pay
to the individual affected one day’s salary for each day fewer than fifteen (15) that the notice was
actually provided. The Union shall be given a copy of the layoff notice.
Section 3. Recall.
Employees shall be recalled from layoff according to their seniority. If there is more than one
employee available to be recalled, Management shall recall the employee with the most seniority,
regardless of the number of skill levels he or she has.
The City shall retain a list of employees who have been laid off. Those who have remained
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on a layoff status for more than twenty-four (24) months shall be stricken from the list and no longer
subject to recall.
Employees on a recall list shall notify the Human Resources Director by Certified Mail
within ten (10) days of any change of address. Any employee failing to provide such a notice shall
have no recourse, legal or otherwise, against the City if a recall occurs and he/she has failed to
receive notice.
The City agrees to advise laid off employees on a recall list of a job vacancy by mailing
notices to the employees’ last known addresses as provided in the manner set forth above.
Any employee who receives notice of a recall and who desires to be considered for a vacancy
shall notify the Human Resources by Certified Mail -- within ten (10) calendar days of the postmark
of the City's notice -- stating the exact date the employee will be available to return to work. The
employee shall be required to be available to return to work within twenty-four (24) days of the
City's notice in order to be considered.
Section 4. Layoff Options.
Public Works Director or designee may recommend alternative cutback areas (to any
anticipated layoff of employees) to the City Manager. Nothing in this Agreement shall prohibit the
City Manager from entering into an arrangement with the Union to minimize the effect of general
layoffs by:
a) Reducing the total number of working hours of employees,
b) Reducing the level of payment to current classifications,
c) Implementing a rotational furlough system, or
d) Utilizing other scheduling variations which may cause minimal impact on services
rendered to the public.
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ARTICLE 13
SICK LEAVE
Section 1. Accumulation.
Employees covered by this Agreement shall accrue sick leave at a rate of 3.70 hours per pay
period for a forty-hour employee. The maximum year-end carry-over for sick leave shall be one
thousand forty (1,040) hours for a full time forty-hour employee. While bargaining unit members
may continue to accrue above that number at their normal rate during the ensuing twelve-month
period, any excess on December 31 will be zeroed out and compensated in accordance with the
provisions of Section 4 below. An employee must be performing assigned duties or on authorized
paid leave or Workers’ Compensation to be eligible to accrue sick leave.
Section 2. Requests.
(a) An employee shall only be allowed to utilize sick leave for approved purposes
pertaining to the provisions of acceptable sick leave use. Requests for use of sick leave shall be
made to the employee’s supervisor in accordance with established procedures. The requests may be
subject to reasonable audit, confirmation, and medical certification before or after approval.
Sick leave shall be available as it is accrued, including during the initial probationary period,
but shall not be allowed in advance of accrual.
(b) Non-emergency use of sick leave shall be requested at least forty-eighttwo (482)
hours full business days in advance of the anticipated absence.
(c) Emergency use of sick leave shall be requested as follows:
(1) The employee shall notify his or herthe employee’s supervisor in accordance
with established procedures of the employee’s unavailability for work at least thirty (30)
minutes prior to the start of the work shift, except in extreme extenuating circumstances
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where personal condition of health or family emergency does not permit.
(2) The employee shall request the use of sick leave prior to leaving the work site
in the event the employee becomes ill on the job and, if possible, complete a sick leave
request prior to leaving the job site.
(3) In the case of either 1 or 2 above, the employee must complete and file a sick
leave request form with the employee’stheir supervisor within two workingfull business days
from the date the employee returns to work or the use of accumulated sick leave shall not be
allowed.
Section 3. Acceptable Use.
A. Sick leave may be utilized in minimum one-quarter-hour increments when an
employee is unable to perform duties due to personal sickness or injury or when the illness or injury
of an employee's spouse, child, stepchild, parent, grandparent, or grandchild living with the employee
requires care-giving from the employee. Additionally, sick leave may be used for medical, dental, or
other routine diagnostic or remedial treatment of the employee or the employee's spouse, child,
stepchild, parent, grandparent or grandchild living with the employee when facilitation is necessary
by the employee. In no case, however, shall sick leave granted for such purposes exceed the actual
time necessary for examination, treatment, and travel.
In non-emergency situations, employees shall schedule medical or dental appointments
and/or treatments at times which do not interfere with job-related duties and shall notify supervisors
as soon as the appointments are known. Sick leave may also be allowed or directed if exposure to a
contagious disease may endanger or jeopardize the attendance of other employees.
B. Sick leave may be utilized for elective surgery. If more than three (3) days will be
necessary, however, arrangements must be made in advance with the Supervisor so that the leave
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will, to the extent possible, be at a time best suited to the work situation.
Section 4. Year-end Reconciliation/Payment Upon Retirement.
Employees who at the end of the year have in excess of the number of Sick Leave hours
permitted for carry-over as stipulated in Section 1 above shall have such residual hours zeroed out
and compensated at the rate of thirty-five fifty percent (3550%) of their respective hourly wages on
December 31. Any employee retiringeligible to retire under the Kansas Public Employees
Retirement System (KPERS) or the Social Security System will similarly be paid for thirty-five
percent (35%) of eligible accrued sick leave up to a maximum of three hundred ninety-seven (397)
hours at his or her hourly rate immediately preceding retirement.
Section 5. Return to Work.
Any employee who absents himself or herself on Sick Leave for more than three consecutive
workdays may be required to provide the Human Resources Director with a report from a medical
doctor duly licensed by the State of Kansas indicating the dates the employee has been under
treatment and certifying that he or she is capable of returning to full duty. Failure to provide a
doctor's statement as required may result in a determination that the Sick Leave in question was not
supported by medical opinion, thereby leading to disciplinary action for abuse.
Any employee who is off work as the result of a job-related injury shall, before starting back,
report to the Human Resources Department. The employee shall at that time provide to the Human
Resources Director a statement from the a City Health Care Provider (CHCP)healthcare provider
designated by the Human Resources Director, by whom the employee will have been required to be
treated, certifying that the employee is capable of performing full regular duties.
The Human Resources Director may also require any employee appearing to be sick or
injured on the job or coming back to work from extended Sick Leave (more than three consecutive
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work days) to report to the CHCPa heath care provider designated by the Human Resources Director
for an independent evaluation, regardless of whether or not a note from that employee’s personal
physician has been presented. The cost of such an examination shall be paid by the Employer. Any
employee refusing to be examined by the CHCP designated health care provider may be subject to a
determination that he/she is not yet cleared to return to duty.
Section 6. Excessive Use of Sick Leave.
Any employee who establishes a pattern that makes it appear the employee is using sick leave
improperly shall receive a written notice from the Street Operations Manager notifying him or her to
report to the Human Resources Department Thereafter, the employee may be required to report to the
CHCPa health care provider designated by the City for consultation concerning the employee's duty
status. The CHCPHuman Resources Director or the designated health care provider may require a
doctor's statement certifying:
1. That the employee was treated and the date(s) of that treatment;
2. That the illness or injury was of sufficient seriousness to prevent the employee from
being present at work;
3. That the employee was unable to work on a specified date or dates because of the
illness or injury; and
4. That the employee may return to work to assume his or her regular duties on a date
certain.
Failure to comply with the above Doctor's statement requirement may result in a
determination that the Sick Leave in question was not supported by medical opinion, thereby leading
to disciplinary action for abuse.
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Section 7. Leave Requiring Medical Attention.
An employee may remain on the job as long as his/her health permits. As provided in
Sections 3.A and 5 above, however, Management may require any employee to report to the Human
Resources Department if there is reason to believe that that employee is incapable of performing
his/her duties because of illness or injury. The Human Resources Director may refer the employee to
the CHCPa designated health care provider for consultation and/or examination to determine the
ability of the employee to perform his/her assigned duties.
Section 8. Employees Receiving Workers’ Compensation Benefits.
Any employee injured as the result of an accident arising out of and in the course of his or her
employment -- and who is receiving Workers’ Compensation benefits while he/she is Temporarily
Totally Disabled and is still employed as a regular employee of the City of Topeka -- may prorate
sick leave in an amount representing the difference between his/her normal base compensation from
the City and the amount received from Workers' Compensation. An employee who is receiving
Workers’ Compensation of any kind shall continue to accrue sick leave.
Section 9. Incentive for Non-Use of Sick Leave.
The purpose of this incentive is to discourage the repetitive use of sick leave by employees.
Upon successful completion of the initial employment probationary period, for each three (3)
consecutive months of perfect attendance, employees shall earn one (1) day of personal leave or the
equivalent in pay, provided, however, that none of the months may overlap into another month
period. The employee may accumulate up to four (4) personal leave days for this purpose annually.
Option 1: Employees may schedule use of the personal leave day with their Supervisor. Any
unused personal leave at the close of each calendar year must be taken during the period of January
1st through April 30th of the following year. An extension may be granted with the approval of
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Deputy Public Work Director or designee.
Option 2: For each personal leave day earned, the employee may elect the option of
exchanging the personal leave day for one (1) day of pay at his or her regular hourly rate of pay, but
only if the employee submits a written request to receive payment within fourteen (14) days after the
personal day is earned.
Section 10. Non-City Employment Injury and Use of Leaves.
Any City employee injured while in the employment of an employer other than the City shall
reimburse the City for any losses sustained by the City through sick or other paid leave usage,
provided both that the employer is insured and that a Workers' Compensation settlement is
consummated between the employee and the other employer. The amount reimbursed shall not
exceed the amount in pay made by the City.
Section 11. Effect of Inter/Intra-Departmental Transfers on Sick Leave Accrual.
Any employee who is transferred, promoted, demoted, reassigned, or otherwise placed in a
different Department shall be entitled to retain accrued sick leave.
Section 12. Light Duty for Injury On or Off The Job.
An employee injured either on or off the job who is unable to perform his or her assigned
duties may be placed on light duty as determined by the CHCPa healthcare provider designated by
the Director of Human Resources. Street Operations Manager shall determine whether light duty
positions exist and the duties associated with each such activity.
Employees injured on the job shall receive preference in being placed in any available light
duty assignments. Any disputes concerning light duty positions or the right thereto shall be
submitted to the Human Resources Department for resolution. The Human Resources Director may,
with the agreement of the employee, place the employee in a light duty capacity in another
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Department.
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ARTICLE 14
HOLIDAYS
Section 1. Holidays Recognized and Observed.
The following days shall be recognized and observed as paid holidays:
1. New Year's Day -- January First
2. Martin Luther King, Jr.'s Birthday -- Third Monday in January
3. Memorial Day -- Last Monday in May
4. Juneteenth – June Nineteenth
5. Independence Day -- July Fourth
6. Labor Day -- First Monday in September
7. Veterans Day -- November eleventh
8. Thanksgiving -- Fourth Thursday in November
9. Friday after Thanksgiving
10. Christmas Eve Day -- December twenty-fourth
11. Christmas Day -- December twenty-fifth
All holidays shall commence at 12:01 a.m. on the day of the designated holiday and shall end
at 12:00 midnight on the day of the designated holiday; except for street maintenance equipment
operators assigned to a regularly scheduled night shift whose holidays shall commence at 12:01 p.m.
on the day of the City designated holiday and shall end at 12:00 p.m. on the day after the City
designated holiday. Eligible employees shall receive a normal day's pay for each of the holidays
listed above on which they perform no work.
Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall
be observed as the holiday.
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Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall
be observed as the holiday.
Should the City designate an alternate day other than the closest Friday or Monday, then that
will become the official holiday for the purposes of this Section. Management and the Union, on
behalf of the street maintenance equipment operators assigned to a regularly scheduled night shift,
may jointly designate an alternate holiday schedule which differs from the holiday schedule
described above, but only if the alternate holiday schedule is submitted to the Human Resources
Director before December 1 of the year preceding implementation.
Those personnel while assigned to 4 day 10 hour shifts:
• Eligible employees shall receive 10 hours pay for each of the holidays listed above on
which they perform no work.
• Eligible employees that normally have Friday off and any of the holidays listed above
shall fall on Saturday or Sunday, the preceding Thursday shall be observed as the holiday.
• If a holiday falls on a Saturday or Sunday, management shall have the discretion to
determine what day the holiday will be observe
Section 2. Eligibility Requirements.
Employees shall be eligible for holiday pay under the following conditions:
a. The employee would have been scheduled to work on such day if it had not been
observed as a holiday, unless the employee is on approved vacation leave, and
b. An employee being paid by Workers' Compensation shall receive holiday pay,
without using sick or other types of leave, in a pro-rated amount in order to equate to a full day of
pay when added to the amount of pay received from Workers' Compensation.
If the holiday is observed on an employee's scheduled day off or during his/her vacation, the
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employee shall be paid for the un-worked holiday at straight time only.
Section 3. Holiday Work.
If an employee is required to work on any one of the eleven designated holidays, as
determined in accordance with Section 1 above, he/she will be paid double time for all hours worked
in addition to his/her normal pay for the holiday. The employee may choose compensatory time, at
the same rate, in lieu of pay. When an alternate holiday is designated in accordance with Section 1,
work on a City designated holiday will be paid at the employee’s regular rate of pay.
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ARTICLE 15
VACATION
Section 1. Eligibility and Allowance.
Benefit-eligible employees shall earn vacation by pay periods according to the following
chart, prorated in relation to the average number of hours worked per week, provided the employee
works at least an average of twenty (20) hours per pay period:
Length of Service Hours Earned Per Days Earned Per Hours Earned Per
Pay Period Year Year
1-4 years 3.70 12 96
5-9 years 4.62 15 120
10-14 years 5.54 18 144
15-19 years 6.47 21 168
20-24 years 7.39 24 192
25-29 years 8.31 27 216
30 years & thereafter 9.24 30 240
The maximum carry-over from year to year for any forty-hour employee shall be two hundred
forty (240) hours.
Employees shall be allowed use of accrued vacation time in minimum one quarter (1/4) hour
increments.
An employee who is receiving Workers’ Compensation of any kind shall continue to accrue
vacation leave.
Section 2. Vacation Pay.
Vacation pay shall be the employee's regular straight time rate in effect for his/her regular job
on the day immediately preceding the vacation period.
Employees who request vacation while working 10 hour shifts, must use 10 hours of
vacation.
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Employees may convert up to a maximum eighty (80) hours of accrued vacation leave
annually into the equivalent in hourly rate compensation, with requests therefore being due by
December 1. Payments will be made with the final pay period of the calendar year, but in no case
will such lump sum buy-backs be treated as hours worked for the purposes of overtime calculation.
1. Twelve (12) full months of continuous service immediately prior to December 31 of the
year in which vacation buyback is applied.
2. Have Supervisor approval.
3. A “Meets Expectations” or better performance rating on their most recent performance
assessment and not be subject to disciplinary action at the time the vacation buyback is
requested.
4. Eligible to use, or be scheduled to use, at least 40 hours of vacation by December 31, of
the year in which vacation buyback is requested/
5. Retain a vacation balance, after the vacation buyback and vacation used during the year
are applied, of at least 80 hours but nor more than 240 hours.
Section 3. Choice and Selection of Vacation Period.
(a) All employee vacation choices and selections shall be by seniority and subject to
Divisional operational needs as determined by Street Operations Manager. Vacation requests shall
be made in advance to the Street Operations Manager or designee in writing in accordance with
established procedures. Once approved, vacations shall only be canceled for just cause.
Vacation requests will not be arbitrarily denied and will be based on operational needs.
(b) Requests for five (5) or more consecutive work days of vacation leave shall be made
at least seven (7) workfull business days in advance of the requested leave except for extreme
emergency situations. The supervisor shall either approve or deny in writing the vacation request as
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soon as reasonably possible but no later than two (2) workfull business days after the day the
vacation request is made by the employee.
(c) Requests for the use of less than five (5) consecutive work days of vacation leave
shall be made, whenever possible, at least forty-eight (48) hourstwo (2) full business days prior to the
requested leave except for extreme emergency situations. As soon as reasonably possible, but no
later than twenty-four (24) hoursone (1) business day after the request is made by the employee, the
supervisor shall either approve or deny the vacation request made by the employee. Requests made
within forty-eight (48) hourstwo (2) full business days may and should be granted if the needs of the
Department or Division so permit.
Section 4. Holiday During Vacation Period.
If a designated holiday, as provided in Article 14 of this Agreement, occurs during the work
week in which vacation is taken by an employee, the number of hours charged against the employee's
vacation period shall be reduced by the number of holiday hours that have occurred.
Section 5. Vacation Right in Case of Layoff, Separation, or Retirement.
a. Retirement. Any employee retiring without taking all of his or her earned vacation
shall be compensated for the unused hours.
b. Separation. Any employee separated from his/her employment after satisfactorily
completing the initial probationary period shall be compensated for all unused accrued vacation.
c. Laid-Off Employees. Any employee who is laid off after completion of his/her initial
probationary period shall be paid for any unused accrued vacation. Any employee temporarily laid
off may, at his/her option, "bank" unused accrued vacation pending a recall.
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ARTICLE 16
LEAVES OF ABSENCE
Section 1. Eligibility Requirements.
Employees shall be eligible for leaves of absence after completing their initial probationary
periods.
Section 2. Leave of Absence Without Pay; Obligations of Employee.
A leave of absence without pay is a predetermined amount of time away from work requested
by the employee and approved by the Department Head or designee.
While such a leave is permissible, approval is not obligatory. A leave of absence without
pay, except one brought about by a disciplinary action, is a privilege. As such, the best interests of
both the City and the employee shall be considered in determining whether such leave will be
granted. An approved leave of absence may later be canceled for just cause.
When an employee is granted a leave of absence without pay, he/she may return to work at
the end of the leave to the position left. If business necessity requires the City to fill the position of
an employee on an approved leave of absence, a temporary employee may be hired.
When granted a leave of absence without pay, the employee makes a commitment to return to
work at the end of the leave. Failure to return to work or to receive an extension of the leave from
the Department Head shall be considered a resignation.
Section 3. Leave of Absence Without Pay; Conditions.
A. During a leave of absence without pay, the employee:
1. Shall not receive pay from the City;
2. Shall not accrue any leave;
3. Shall not pay retirement contributions nor be credited time toward retirement for any
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time the employee is not is pay status;
4. Shall pay total health or other insurance falling due except as provided in Section 9
below;
5. Shall, upon return to work, carry over sick leave accrued prior to commencement of
the leave without pay; and
6. Shall not receive any other benefits during the absence.
B. Requests for unpaid leaves shall be made, in writing, to the Street Operations
Manager or designee prior to the requested leave.
C. Provisions of the Family and Medical Leave Act (FMLA) shall govern this Article
when the leave of absence qualifies for such purpose.
Section 4. Military Leaves.
An employee who is a member of a military reserve organization or a National Guard unit
shall be eligible for military leave benefits. A forty (40) hour employee may receive up to a
maximum of eighty (80) hours of Military Pay annually for temporary training and/or extended
military leave. An employee shall be paid only for those days he/she would normally have worked
during the time of the military assignment. Employees should notify management and the Human
Resources Department of the need for Military Leave as far in advance as possible. Written notice is
preferred, but not required under the law.
For extended military leave, employees are encouraged to complete a Military Leave of
Absence form and meet with Human Resources personnel to review the employees pay and benefits
prior to the commencement of leave. Subject to certain exceptions under the Uniformed Services
Employment and Reemployment Rights Act (USERRA) military leave benefits are limited to five (5)
years of leave of absence.
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Section 5. Funeral/Family Crisis Leave.
A. Forty (40) hour employees shall receive three (3) working days per occurrence (not to
be deducted from any hourly accruals) for funeral leave and a maximum of three (3) working days
for family crisis leave specifically for:
1. Making arrangements for and/or attending a funeral of an employee's spouse,
child, stepchild, parent, stepparent, grandparent, grandchild, sibling, spouse's parent, spouse's
sibling, son-in-law, daughter-in-law, aunt, uncle, or a family member of the immediate
household permanently residing under the same roof.
2. Attending to recovery (or in limited cases of advance warning, preventive)
measures associated with a disaster such as a fire, flood, or tornado or life threatening
emergency health problem. In addition, the City and the Union agree that the City may
require that an employee requesting such usage supply a statement from the attending
physician verifying that the health problem is both an emergency and life threatening.
3. In cases requiring travel in excess of two hundred and fifty (250) miles, the
employee may be granted up to 3 additional days off with pay at the discretion of the
Manager.
B. Determinations of eligibility for Funeral/Family Crisis leave use shall be made by the
Street Operations Manager and/or duly authorized supervisor, exercising reasonable discretion and
judgment consistent with personnel guidelines and the guidelines set forth in this section. Additional
time, if needed, approved, and justified, may be allowed from other leave accruals or pursuant to
leave of absence provisions.
Section 6. Jury Duty/Court Appearances.
An employee called to serve on jury duty or required to be a court witness, but not as a party
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in a civil matter or defendant in a criminal case, shall be paid an amount equal to the difference
between the wages which would have been earned on a given day and the compensation received as
a witness or juror. Alternatively, an employee may sign witness/juror fees over to the City in order
to receive regular pay.
An employee on jury duty/court appearance leave shall return to work for the balance of a
work day if the employee is excused by the court.
An employee shall not have deductions made from accrued leave for the purpose of this
provision, unless the employee is a party in a civil matter or defendant in a criminal case or appears
as a voluntary expert witness.
An employee appearing in court under this provision may retain any travel, lodging, and/or
meal reimbursements.
Section 7. Leave Agreements.
An employee shall enter into a written leave agreement with the Deputy Public Works
Director if the leave exceeds two (2) calendar weeks (including a leave of absence to pursue Union
Business). The agreement shall specify the conditions of the leave, whether it is with or without pay,
and what the employment status, salary, and other benefits will be.
The agreement shall be approved by the Human Resources Director prior to the
commencement of the leave. A copy of the leave agreement, excluding confidential information,
shall be provided to the Union.
Section 8. Medical Disability Leave.
A written request for a leave of absence with or without pay due to medical reasons must be
filed with the Human Resources Department prior to the effective date of the requested medical
leave. The request must be accompanied by a conclusive medical statement concerning the problem,
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the probable extent of incapacitation, and any prognosis of when the employee could resume full
responsibilities. The Human Resources Director may request an interim evaluation of the employee's
condition during such a leave.
In the event the employee is receiving Workers’ Compensation benefits as a result of an
injury sustained in City employment -- and such incapacitation is total and temporary but not
exceeding three (3) months' duration, the City may make contributions to the employee's health
benefits upon recommendation of the Deputy Public Works Director and approval of the Human
Resources Director, provided the employee is normally eligible for such benefits.
Physical incapacitation, including but not limited to pregnancy, miscarriage, abortion,
childbirth, or other related medical conditions and recovery therefrom, shall be considered as
temporary medical disabilities and treated as such under applicable leave provisions.
If Management believes that an employee's health or condition may be endangered by
continuing employment or that the employee cannot perform regular and necessary duties of the job,
it shall refer the employee to the Human Resources Department. The Human Resources Director may
further refer the employee to the CHCP, who may require the employee to provide a statement of
medical condition. The employee shall return to work at the conclusion of the medical disability
leave, contingent upon a statement from the CHCP indicating that the employee is medically able to
return to work. Consistent with the provisions of Article 13, Section 12, a light duty assignment may
be an option at the discretion of the Street Operations Manager.
An employee may use accrued sick leave on those occasions the employee is physically
unable to complete the duties of his/her employment. An employee desiring to use accrued sick
leave for a medical disability leave in excess of five (5) working days shall, if requested, provide a
medical statement from his/her physician to the Human Resources Department. Such medical
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statement may be reviewed by a medical advisor designated by the City -- and further information
pertaining to the specific condition may be requested from the attending physician. An employee
returning from approved medical leave shall be reinstated to the position held immediately prior to
the medical leave without loss of seniority, subject to medical clearance to perform those duties.
Section 9. Voting Time.
An employee who is eligible and registered to vote in a primary, general, or special election
held within the state shall, on the day of such election, be entitled to absent himself/herself from
employment with the City for a period not to exceed two (2) consecutive hours between the time of
opening and closing of the polls, provided, however, that if the polls are open before commencing
work or after terminating work but the period the polls are so open is less than two (2) consecutive
hours, the employee shall only be entitled to be absent from City employment for such period of time
which, when added to the period of time the polls are open, will not exceed two (2) hours. An
employee shall not, because of so absenting himself/herself, be subject to any penalty, nor shall
deductions be made on account of such absence from the employee's usual salary or wages.
Management may specify the particular times during the day which employees may absent
themselves for voting, except such times shall not include the regular lunch period. The
Management may require employees to show current voter registration cards in order to be eligible
for paid time off for voting.
Section 10. Civic Duty.
Employees appointed to a committee of the Topeka United Way shall be granted leave with
pay to attend committee meetings during their scheduled work hours as long as staffing levels are
being met, as determined by the Street Operations Manager.
Employees elected to any political or legislative positions who request leaves of absence for
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the time periods of their elected political or legislative positions shall be granted such without pay if
approved by the City Manager.
Section 11. Union Leave.
A. Up to five (5) members of the bargaining unit shall be allowed to attend Union
functions, such as but not limited to: Steward school, labor conventions, or organizational drives;
provided that staffing levels are not unreasonably and unduly affected as determined by
Management. Any such time off shall be without pay.
B. A pool of forty-eight (48) regular hours with pay will be provided each contract year
for bargaining unit members to attend State and/or National Union meetings. It is agreed that time
off for State and/or National Union meetings shall be paid as straight time and will not be considered
hours worked for the computation of overtime.
C. Up to five (5) members of the bargaining unit shall be granted paid time from duty for
attending any scheduled negotiation sessions. It is agreed that time off for Union-City joint
meetings, including reasonable travel time, shall be paid as straight time and will not be considered
hours worked for the computation of overtime.
D. Time spent in labor/management meetings called by management and time spent
conducting steward responsibilities will be considered regular hours worked for purposes of
overtime.
E. Union Official. Any one employee may be granted a leave of absence of up to three
(3) years, without loss of seniority, to serve as a Union official. The employee shall continue to
accrue seniority while on the leave of absence. Upon return, the employee shall return to the step the
employee would have attained if the employee had been continuously employed. The employee
must give thirty (30) days notice before the leave of absence is to begin. The thirty (30) day period of
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notification may be waived by mutual consent. The leave must be requested in writing. All vacation
leave shall be paid on the last pay period the employee is in pay status prior to leave of absence
commencing. The employee must give at least thirty (30) days advance notification of intent to
return to City employment to the Director of Human Resources. If the employee is returning within
three (3) years, the returning employee shall be placed in a like or similar position, if available, with
all corresponding rights of seniority. If no current City position is available and the employee is
returning within three (3) years, the employee shall be notified of the next vacancy for which they are
qualified. For Union Leaves of Absence which exceed three (3) years, there will be no rights to
seniority. The employee will be carried on a Recall List. Employees on the Recall List may refuse
two (2) jobs. After two (2) jobs are refused, the City has no obligation to notify the employee of
further vacancies and the employee may compete for other jobs within the City.
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ARTICLE 17
HEALTH AND SAFETY
Section 1. Safety.
It is the express policy of the Employer and the Union to cooperate in an effort to continue to
improve health and safety matters. The parties agree that it is in the best interests of the City, the
Union, and the Citizens that equipment should be operated properly and safely and that all safety
precautions and devices should be utilized at all times. In the furtherance of this policy, a joint
Union-Management health and safety committee may be established and meet upon request of either
party.
Such committee shall be comprised of two (2) employees from the bargaining unit selected
by the Union and two (2) representatives of the Employer, with one of those from each side serving
as Co-Chairman. The committee shall consider health and safety matters relating to all employees
within the Division. Union participants will receive their regular rates of pay for time spent in the
meetings during their regularly scheduled hours of employment, as approved by the Deputy Public
Works Director. This committee shall have the responsibility for reporting all health and safety
problems to the Deputy Public Works Director or designee, who may initiate such actions as
necessary to get them corrected.
Safety/Health Rules and Regulations shall be recommended by the joint committee to the
Deputy Public Works Director or designee, who shall have the right to approve, reject, or revise
them. There shall not be any rules or regulations implemented until approved by the Deputy Public
Works Director. Said rules and regulations shall cover, but not be limited to: training; personal
protection; conduct; work standards; equipment; appurtenances; and sanctions for willful disregard
or omissions.
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Committee members pledge to do whatever they can to direct employees who are suspected
of abusing alcohol or drugs to professional counselors, including those in the Employee Assistance
Program (EAP). If an employee’s apparent drug or alcohol abuse persists, committee members
further pledge to inform the Director of Human Resources in a timely manner.
Section 2. Healthcare Benefits.
The Employer agrees to make group healthcare benefits available to all employees who are
eligible -- as set forth in the provisions of the Employer's group health care benefits plan and who
sign up for such healthcare benefits. The Employer retains the authority to define group health
insurance coverage and select the carrier to maintain a cost effective program.
The Employer and Union agree to discuss and consider changes in coverage in continuing
efforts to contain and control escalating costs of group healthcare benefits. These discussions will
take place through the Healthcare Advisory Committee.
The Employer and the Union have agreed to cost-sharing for healthcare benefits as set forth
within the current Joint Memorandum of Agreement between the City of Topeka, this Union and
other bargaining units recognized by the City.
Section 3. Pension.
The Employer agrees to operate under the Kansas Public Employees Retirement System Act
(K.S.A. 74-4901, et seq.), as may be amended from time to time.
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ARTICLE 18
WAGES
Section 1. Pay Plan.
A. Classification and Pay Grade. Employees shall be paid according to the following
classifications and grades:
CLASSIFICATION GRADE
Maintenance Worker Trainee 1
Maintenance Worker 2
Maintenance Worker Senior 3
Maintenance Worker Specialist 4
B. Matrix Adjustments. Effective the first full pay period of January 20222025, there
shall be a one-halfthree percent (.53%) across the board adjustment to the pay matrix. Effective the
first full pay period of January 20232026 and January 2027 there shall be a onetwo percent (12%)
across the board adjustment to the pay matrix. Effective the first full pay period after governing body
approval of the contract amendment and the September 15, 2023, Shift Selection, the wage matrix
shall be adjusted as follows:
C. Pay Matrices.
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TEAMSTERS
2022 Pay Matrix
0.5% Increase from 2021
Classification Grade 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
MW Trainee 01 15.38 15.73 16.08 16.45 16.82 17.19 17.58 17.97 18.38 18.79 19.21 19.64 20.08 20.54 21.00 21.47 21.95 22.46 22.96 23.47 24.00
Maintenance Worker 02 16.16 16.52 16.89 17.27 17.65 18.05 18.46 18.87 19.30 19.73 20.18 20.63 21.09 21.57 22.05 22.55 23.06 23.57 24.10 24.65 25.20
02A 16.21 16.57 16.94 17.32 17.70 18.10 18.51 18.92 19.35 19.78 20.24 20.69 21.15 21.63 22.11 22.61 23.12 23.63 24.17 24.72 25.39
02B 16.26 16.62 16.99 17.37 17.75 18.15 18.56 18.97 19.40 19.83 20.30 20.75 21.21 21.69 22.17 22.67 23.18 23.69 24.24 24.79 25.59
02C 16.31 16.67 17.04 17.42 17.80 18.20 18.61 19.02 19.45 19.88 20.36 20.81 21.27 21.75 22.23 22.73 23.24 23.75 24.31 24.86 25.79
02D 16.36 16.72 17.09 17.47 17.85 18.25 18.66 19.07 19.50 19.93 20.42 20.87 21.33 21.81 22.29 22.79 23.30 23.81 24.38 24.93 25.99
02E 16.41 16.77 17.14 17.52 17.90 18.30 18.71 19.12 19.55 19.98 20.48 20.93 21.39 21.87 22.35 22.85 23.36 23.87 24.45 25.00 26.19
MW Senior 03 16.96 17.34 17.73 18.13 18.54 18.96 19.38 19.81 20.27 20.72 21.18 21.66 22.15 22.65 23.16 23.67 24.21 24.76 25.31 25.88 26.47
03A 17.01 17.39 17.78 18.18 18.59 19.01 19.43 19.86 20.33 20.78 21.24 21.72 22.21 22.71 23.22 23.73 24.28 24.83 25.38 25.95 26.74
03B 17.06 17.44 17.83 18.23 18.64 19.06 19.48 19.91 20.39 20.84 21.30 21.78 22.27 22.77 23.28 23.79 24.35 24.90 25.45 26.02 27.01
03C 17.11 17.49 17.88 18.28 18.69 19.11 19.53 19.96 20.45 20.90 21.36 21.84 22.33 22.83 23.34 23.85 24.42 24.97 25.52 26.09 27.29
03D 17.16 17.54 17.93 18.33 18.74 19.16 19.58 20.01 20.51 20.96 21.42 21.90 22.39 22.89 23.40 23.91 24.49 25.04 25.59 26.16 27.57
03E 17.21 17.59 17.98 18.38 18.79 19.21 19.63 20.07 20.57 21.02 21.48 21.96 22.45 22.95 23.46 23.97 24.56 25.11 25.66 26.23 27.85
MW Specialist 04 18.66 19.07 19.50 19.94 20.39 20.85 21.32 21.79 22.29 22.79 23.30 23.82 24.37 24.91 25.47 26.04 26.63 27.23 27.84 28.47 29.11
TEAMSTERS
2023 Pay Matrix
1% Increase from 2022
Classification Grade 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
MW Trainee 01 15.54 15.89 16.25 16.62 16.99 17.37 17.76 18.15 18.57 18.98 19.41 19.84 20.29 20.75 21.21 21.69 22.17 22.69 23.19 23.71 24.24
Maintenance Worker 02 16.33 16.69 17.06 17.45 17.83 18.24 18.65 19.06 19.50 19.93 20.39 20.84 21.31 21.79 22.28 22.78 23.30 23.81 24.35 24.90 25.46
02A 16.38 16.74 17.11 17.50 17.88 18.29 18.70 19.11 19.55 19.98 20.45 20.90 21.37 21.85 22.34 22.84 23.36 23.87 24.42 24.97 25.66
02B 16.43 16.79 17.16 17.55 17.93 18.34 18.75 19.16 19.60 20.03 20.51 20.96 21.43 21.91 22.40 22.90 23.42 23.93 24.49 25.04 25.86
02C 16.48 16.84 17.21 17.60 17.98 18.39 18.80 19.21 19.65 20.09 20.57 21.02 21.49 21.97 22.46 22.96 23.48 23.99 24.56 25.11 26.06
02D 16.53 16.89 17.26 17.65 18.03 18.44 18.85 19.26 19.70 20.15 20.63 21.08 21.55 22.03 22.52 23.02 23.54 24.05 24.63 25.18 26.26
02E 16.58 16.94 17.31 17.70 18.08 18.49 18.90 19.31 19.75 20.21 20.69 21.14 21.61 22.09 22.58 23.08 23.60 24.12 24.70 25.25 26.46
MW Senior 03 17.13 17.52 17.91 18.32 18.73 19.15 19.58 20.01 20.48 20.93 21.40 21.88 22.38 22.88 23.40 23.91 24.46 25.01 25.57 26.14 26.74
03A 17.18 17.57 17.96 18.37 18.78 19.20 19.63 20.07 20.54 20.99 21.46 21.94 22.44 22.94 23.46 23.97 24.53 25.08 25.64 26.21 27.01
03B 17.23 17.62 18.01 18.42 18.83 19.25 19.68 20.13 20.60 21.05 21.52 22.00 22.50 23.00 23.52 24.03 24.60 25.15 25.71 26.28 27.29
03C 17.28 17.67 18.06 18.47 18.88 19.30 19.73 20.19 20.66 21.11 21.58 22.06 22.56 23.06 23.58 24.10 24.67 25.22 25.78 26.35 27.57
03D 17.33 17.72 18.11 18.52 18.93 19.35 19.78 20.25 20.72 21.17 21.64 22.12 22.62 23.12 23.64 24.17 24.74 25.29 25.85 26.42 27.85
03E 17.38 17.77 18.16 18.57 18.98 19.40 19.83 20.31 20.78 21.23 21.70 22.18 22.68 23.18 23.70 24.24 24.81 25.36 25.92 26.49 28.13
MW Specialist 04 18.85 19.27 19.70 20.14 20.60 21.06 21.54 22.01 22.52 23.02 23.54 24.06 24.62 25.16 25.73 26.31 26.90 27.51 28.12 28.76 29.41
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TEAMSTERS
2023 and 2024 Pay Matrix
Effective September 16, 2023
Classification Grade 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
MW Trainee 01 19.00 19.43 19.87 20.32 20.78 21.25 21.73 22.22 22.72 23.24 23.77 24.31 24.86 25.42 26.00 26.59 27.19 27.81 28.44 29.08 29.74
Maintenance Worker 02 19.95 20.40 20.86 21.33 21.81 22.31 22.82 23.34 23.87 24.41 24.96 25.53 26.11 26.70 27.31 27.93 28.56 29.21 29.87 30.55 31.24
02A 20.00 20.46 20.92 21.39 21.87 22.37 22.88 23.40 23.93 24.48 25.03 25.60 26.18 26.77 27.38 28.00 28.64 29.29 29.95 30.63 31.48
02B 20.05 20.52 20.98 21.45 21.93 22.43 22.94 23.46 23.99 24.55 25.10 25.67 26.25 26.84 27.45 28.07 28.72 29.37 30.03 30.71 31.72
02C 20.11 20.58 21.04 21.51 21.99 22.49 23.00 23.52 24.05 24.62 25.17 25.74 26.32 26.91 27.52 28.15 28.80 29.45 30.11 30.79 31.96
02D 20.17 20.64 21.10 21.57 22.05 22.55 23.06 23.58 24.12 24.69 25.24 25.81 26.39 26.98 27.59 28.23 28.88 29.53 30.19 30.87 32.20
02E 20.23 20.70 21.16 21.63 22.11 22.61 23.12 23.64 24.19 24.76 25.31 25.88 26.46 27.05 27.66 28.31 28.96 29.61 30.27 30.95 32.45
MW Senior 03 20.95 21.43 21.92 22.42 22.93 23.45 23.98 24.52 25.08 25.65 26.23 26.83 27.44 28.06 28.70 29.35 30.02 30.70 31.40 32.11 32.84
03A 21.01 21.49 21.98 22.48 22.99 23.51 24.04 24.59 25.15 25.72 26.30 26.90 27.51 28.14 28.78 29.43 30.10 30.78 31.48 32.20 33.17
03B 21.07 21.55 22.04 22.54 23.05 23.57 24.11 24.66 25.22 25.79 26.37 26.97 27.58 28.22 28.86 29.51 30.18 30.86 31.56 32.29 33.51
03C 21.13 21.61 22.10 22.60 23.11 23.63 24.18 24.73 25.29 25.86 26.44 27.04 27.65 28.30 28.94 29.59 30.26 30.94 31.64 32.38 33.85
03D 21.19 21.67 22.16 22.66 23.17 23.69 24.25 24.80 25.36 25.93 26.51 27.11 27.72 28.38 29.02 29.67 30.34 31.02 31.72 32.47 34.19
03E 21.25 21.73 22.22 22.72 23.23 23.75 24.32 24.87 25.43 26.00 26.58 27.18 27.79 28.46 29.10 29.75 30.42 31.10 31.80 32.56 34.54
MW Specialist 04 23.05 23.57 24.11 24.66 25.22 25.79 26.38 26.98 27.59 28.22 28.86 29.51 30.18 30.86 31.56 32.28 33.01 33.76 34.52 35.30 36.10
80
81
Section 2. Pay Period.
Employees shall be paid on every other Friday, twenty-six times per year. However, when a
payday falls on a holiday, employees may be paid according to the published payroll schedule for the
city.
Section 3. Step Movement.
Employees shall be rated by their Supervisors during the month of January for the previous
calendar year. If an overall satisfactory (“Meets Expectations”) rating is achieved on such an annual
performance evaluation, employees who have successfully completed their initial hire probation shall
advance one step at the beginning of the first full pay period in February for 20222025, 20232026
and 20242027. An employee that has not received their annual performance appraisal since his or her
last hiring date anniversary shall be deemed to have been rated at least a “Meets Expectations.”
Employees hired into the Maintenance Worker classification shall advance one step upon successful
completion of initial hire probation.
Section 4. Classification Placement and Progression.
A. Placement for new hires. Employees hired after January 1, 2019, will be hired as a
Maintenance Worker Trainee. Management may consider prior verifiable experience and hire a new
employee as a Maintenance Worker who shall be subject to all the provisions of Initial Probation in
Article 10.
B. Classification progression.
1. Maintenance Worker Trainees will advance to Maintenance Worker upon
successful completion of probation and all classification requirements.
2. Maintenance Workers who have met the requirements to move to the
Maintenance Worker Senior classification will advance on the first full pay period after
82
attaining the requirements set forth in the program guidelines.
3. Maintenance Worker Specialist positions shall be filled in accordance with
Article 11.
4. Employees who promote to new classification will be placed in the new pay
grade at the same step they have attained at the time of the promotion.
C. Competency Program Incentive.
1. Maintenance Worker. At the beginning of the pay period following
completion of a non-mandatory category in the competency training program for
Maintenance Worker Senior, Maintenance Worker employees in Steps 1-20 will receive a
one-quarter percent (.25%) adjustment to their current rate of pay and Maintenance Worker
employees in Step 21 will receive a three-quarter percent (.75%) adjustment to their current
rate of pay.
2. Maintenance Worker Senior. At the beginning of the pay period following
completion of a non-mandatory category in the competency training program for
Maintenance Worker Specialist, the employee will receive a one-quarter percent (.25%)
adjustment to their current rate of pay and employees in Step 21 will receive a one percent
(1%) adjustment to their current rate of pay.
3. Employees may work on and complete competencies for the next
classification level in the categories they have completed; however, adjustments will not be
made to their rate of pay unless and until the employee has advanced to next said
classification.
4. Employees who have completed non-mandatory competency categories prior
to January 1, 2022, will have appropriate adjustments made to their rate of pay pursuant to
83
paragraph 1 and 2 above, effective the first full pay period of January 2022.
84
ARTICLE 19
CLOSING AND SAVINGS CLAUSE
Section 1. Closing Clause.
The parties acknowledge that this Memorandum of Understanding (MOU) shall represent the
complete Agreement between the Employer and the Union, with the exception of Section 2 or as
otherwise indicated within this Agreement.
The parties stipulate that during the negotiations which resulted in this Agreement, each had
the unlimited right and opportunity to make requests and proposals with respect to any subject or
matter not removed by law; further, the complete understandings and agreements arrived at by the
parties after the exercise of that right and opportunity are set forth in this Contract.
Section 2. Savings Clause.
Should any part of this Agreement or any provision contained herein be declared invalid by a
tribunal of competent jurisdiction, such action shall not impact the remaining portions hereof, their
continuing to remain in full force and effect. Any invalidated provision, however, shall be subject to
the meet and confer procedure.
85
ARTICLE 20
TERMINATION AND AMENDMENTS
This Agreement shall be effective for three years beginning January 1, 20222025, through
December 31, 20242027. It shall then be automatically renewed from year to year thereafter unless
either party shall notify the other, in writing, at least sixty (60) days prior to the expiration date that it
desires to modify the terms. In that event, negotiations shall begin not later than thirty (30) days
after the notice is given. It shall further remain in full force and effect during any period of
negotiations and until a new contract is implemented, unless notice of termination is provided.
In the event either the City or the Union does decide to so terminate this Agreement, written
notice must be given to the other party at least sixty (60) days prior to the desired termination date,
which shall not be before the expiration date set forth in the preceding paragraph.
At any time specific Articles within this Agreement may be re-opened with mutual consent of
the parties.
86
DATED AND ACKNOWLEDGED THIS _____ DAY OF ______________, 20212024, IN THE
CITY OF TOPEKA, KANSAS.
CITY OF TOPEKA, KANSAS
_________________________________________
Brent TroutRobert M. Perez, Ph.D., City Manager
ATTEST:
_______________________________
Brenda Younger, City Clerk
TEAMSTERS UNION LOCAL 696
_________________________________________
Michael Scribner, Business Representative
87
City of Topeka Finance Department budget@topeka.org
215 SE 7th St, Rm 355 785-368-3970
Topeka, KS 66603 www.topeka.org
To: Dr. Robert Perez, City Manager
From: Josh McAnarney, Budget Manager
Date: October 10, 2024
Re: Teamsters Union Agreement
Pursuant to KSA 75-4331, the Chief Financial Officer of the City is required to provide to the
governing body an analysis of the fiscal effects on the City of proposed agreements between the
City and recognized employee organizations. As part of this analysis, we are required to identify
the potential impact on the City’s aggregate tax levy and its operating expense limitations. I have
reviewed the economic terms of the Teamsters agreement pending before the City Council and its
costs to the 2025 Operating Budget. This bargaining unit has 42 members in the Teamsters Union
with expenses coming all from the City-wide Half Cent Sales Tax Fund. All of the measures in the
proposed agreement are aimed at bringing the Union employees to a competitive rate with
surrounding cities.
The proposed agreement includes the following:
3% matrix increase for 2025, 2% matrix increase for 2026, 2% matrix increase for 2027
o With this, there is also an increase from 5% to 8% in the grade change from
Maintenance Worker to Maintenance Worker Specialist
Increase in Meal Allowance during overtime from $10 to $15
Increase Retirement Sick Leave payout from 35% to 50%
The following table (Figure 1) shows the wage and benefits estimations calculated based on the
assumptions listed above.
Categories 2025 2026 2027
Total Employee Cost $2,551,318 $2,615,962 $2,682,408
Difference from Previous Year - $64,444 $66,446
Summary of 2025-2024 Teamsters Contract Changes
Updates contract provision to reference residency requirements established through
Article 2, § 21: Residency
Ordinance
Article 2, § 23: CDL Medical
Brings CDL requirements consistent with state law exemption for local government employers
Examinations
Article 3; Definitions Adds definition for “business day”
Changes the hearing officer in Step 5 of the grievance procedure from the Human Resources
Article 5, § 6: Procedure (Grievance) Director to the City Manager, who can designate the Assistant or Deputy City Manager or the
HR Director to provide final answer
Article 7, § 3: Rest and Meal Periods Increases meal allowance from $12.00 to $15.00
Article 7, § 4: Post-trip Clarifies expectations of the 45 minutes granted at the end of each shift, allowing up to 15
Inspection/Clean-up minutes for personal clean-up
Article 7, § 10: Standby Revises standby to reflect 7 or 8 hours blocks of time for standby coverage
Article 8, § 2: Distribution of Overtime Adds the expectation that if an employee does not answer a call from a supervisor offering an
Work overtime assignment, the supervisor can move down the list
Increases time frame (120 to 180 days) allowed to return to City employment and receive
Article 9, § 2: Loss of Seniority
seniority credit
Article 13, § 2: Requests Revises minimum request period for non-emergency sick leave from 48 hours to two full
(Sick Leave) business days to allow sufficient time to review request
Article 13, § 4: Year-end Clarifies when employee is eligible for payout of sick leave when leaving city employment and
Reconciliation/Payment on Retirement increases percentage of year-end payout from 35% to 50%
Updates references of “City Health Care Provider” to generic reference because there is not a
Article 13, § 3, § 4, § 5 and § 12
singular designated health care provider
Article 15, § 3; Choice and Selection of
Revises time frames to business day references to allow sufficient time to review requests
Vacation Period
--One step increase for eligible employees (meets expectations) in each year of the contract
Article 18: Wages --Across the board increases to matrix: 3% in 2025 plus additional 3% to Senior and
Specialist classification , 2% in 2026 and 2027
Article 20: Termination and
Three year contract term
Amendments
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
November 12, 2024
DATE: November 12, 2024
CONTACT PERSON: Councilmember Karen DOCUMENT #:
Hiller
SECOND PARTY/SUBJECT: Pest Elimination TMC PROJECT #:
Section 8.60.170
Amendment
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 082 Housing
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
ORDINANCE introduced by the Public Health and Safety Committee comprised of Councilmembers
Hiller, Valdivia-Alcala, Banks and Duncan, concerning pest elimination responsibilities set forth in the
2012 International Property Maintenance Code, amending 8.60.170 of the Topeka Municipal Code and
repealing the original section. (The Public Health and Safety Committee recommended approval on
October 23, 2024.)
Voting Requirement: Action requires at least five (5) votes of the City Council. Mayor does not vote. The
proposed ordinance involves a matter of home rule on which the Mayor has veto authority.
(Approval would amend the TMC concerning pest elimination responsibilities by adding language that clarifies
the landlord as well as the tenant has responsibility when more than one unit in a multifamily property is
affected.)
VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. Mayor does not vote. The proposed ordinance involves
a matter of home rule on which the Mayor has veto authority.
POLICY ISSUE:
Whether to approve the Committee's recommendation to amend the code related to pest elimination
responsibilities.
STAFF RECOMMENDATION:
Staff recommends the City Council approve the ordinance.
BACKGROUND:
The proposed changes update the City's current customized 2012 version of the International Property
Maintenance Code (IPMC) to the new 2024 version of the same section. In doing so, the change drops
some problematic language that says tenants (only) are responsible for pests in their units after 30 days
unless the problem is structural and adds language that clarifies that the landlord as well as the tenant
has responsibility when more than one unit in a multifamily property is affected.
The 2012 International Property Maintenance Code (IPMC), retaining the definition of Pest Elimination in
Section 202 of said code and amending 8.60.170 of the Topeka Municipal Code and repealing the original
section.
BUDGETARY IMPACT:
SOURCE OF FUNDING:
This proposal will not need any funding.
ATTACHMENTS:
Description
Ordinance
PH&S Committee Report - October 23, 2024
PH&S Committee Meeting Minutes Excerpt - October 23, 2024
1 (Published in the Topeka Metro News _______________________)
2
3 ORDINANCE NO. _____________
4
5 AN ORDINANCE introduced by the Public Health and Safety Committee comprised of
6 Councilmembers Hiller, Valdivia-Alcala, Banks and Duncan,
7 concerning pest elimination responsibilities set forth in the 2012
8 International Property Maintenance Code, amending 8.60.170 of the
9 Topeka Municipal Code and repealing the original section.
10
11 WHEREAS, the City of Topeka, has adopted the 2012 Edition of the International
12 Property Maintenance Code and Commentary (IPMC) to address the public health,
13 safety, and welfare relative to the use and maintenance of existing structures and
14 premises; and
15 WHEREAS, the following is the currently adopted definition of Pest Elimination:
16 The control and elimination of insects, rodents or other pests by eliminating their
17 harborage places; by removing or making inaccessible materials that serve as their food
18 or water; by other approved pest elimination methods; and
19 WHEREAS, the City desires to adopt the 2024 IPMC Section 309 language with
20 local amendments regarding responsibilities for pest elimination into Topeka Municipal
21 Code Section 8.60.170.
22 NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE
23 CITY OF TOPEKA, KANSAS:
24 Section 1. That section 8.60.170, Section 309 – Pest elimination, of The Code
25 of the City of Topeka, Kansas, is hereby amended to read as follows:
26 Section 309 – Pest elimination.
27 Section 309, Pest elimination, is deleted in its entirety and the following
28 provisions shall be substituted therefor:
ORD/IPMC Pest Elimination 10/30/24 1
29 Section 309.3, Single occupant, is deleted in its entirety and the following
30 provisions shall be substituted therefor:
31 The occupant of a one-family dwelling or of a single-tenant nonresidential
32 structure shall be responsible for extermination on the premises after 30 days of
33 occupancy.
34 Section 309.4, Multiple occupancy, is deleted in its entirety and the following provisions
35 shall be substituted therefor:
36 The owner of a structure containing two or more dwelling units, a multiple
37 occupancy, a rooming house or a nonresidential structure shall be responsible for
38 extermination in the public or shared areas of the structure and exterior property.
39 309.1 Infestation. Structures shall be kept free from insect and rodent infestations.
40 Structures in which insects or rodents are found shall be promptly exterminated by
41 approved processes that will not be injurious to human health. After pest elimination,
42 proper precautions shall be taken to prevent reinfestation.
43 309.2 Owner. The owner of any structure shall be responsible for pest elimination
44 within the structure prior to renting or leasing the structure.
45 309.3 Single occupant. The occupant of a one-family dwelling or of a single-tenant
46 nonresidential structure shall be responsible for pest elimination on the premises.
47 309.4 Multiple occupancy. The owner of a structure containing two or more
48 dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall
49 be responsible for pest elimination in the public or shared areas of the structure and
50 exterior property. If infestation is caused by failure of an occupant to prevent such
51 infestation in the area occupied, the occupant and owner shall be responsible for pest
52 elimination.
ORD/IPMC Pest Elimination 10/30/24 2
53 309.5 Occupant. The occupant of any structure shall be responsible for the
54 continued rodent and pest-free condition of the structure.
55 Exception: Where the infestations are caused by defects in the structure or where
56 one or more units are infested from the infestation spreading from a single source, the
57 owner shall be responsible for pest elimination.
58 Section 3. That original 8.60.170 of The Code of the City of Topeka, Kansas, is
59 hereby specifically repealed.
60 Section 4. This ordinance shall take effect and be in force from and after its
61 passage, approval and publication in the official City newspaper.
62 Section 5. This ordinance shall supersede all ordinances, resolutions or rules,
63 or portions thereof, which are in conflict with the provisions of this ordinance.
64 Section 6. Should any section, clause or phrase of this ordinance be declared
65 invalid by a court of competent jurisdiction, the same shall not affect the validity of this
66 ordinance as a whole, or any part thereof, other than the part so declared to be invalid.
67 PASSED AND APPROVED by the Governing Body on ____________________.
68
69 CITY OF TOPEKA, KANSAS
70
71
72
73 __________________________________
74 Michael A. Padilla, Mayor
75 ATTEST:
76
77
78
79 ________________________________
80 Brenda Younger, City Clerk
ORD/IPMC Pest Elimination 10/30/24 3
COMMITTEE REFERRAL SHEET
COMMITTEE REPORT
Name of Public Health & Safety
Committee:
Title: RESOLUTION – Pest Elimination Amendment
Date referred
from Council
meeting:
Date referred October 23, 2024
from
Committee:
Committee MOTION: Committee member Christina Valdivia-Alcalá made a
Action: motion to approve the Resolution for pest elimination
responsibilities for the Topeka Municipal Code and proceed for
action at the Governing Body meeting November 12, 2024.
Committee member Banks seconded. Approved 3-0-0.
Comments: Committee member Spencer Duncan was absent.
Amendments:
Members of Councilmembers Karen Hiller, Christina Valdivia-Alcalá,
Committee: David Banks, and Spencer Duncan
Agenda Date November 12, 2024
Requested:
CITY OF TOPEKA
CITY COUNCIL Tonya Bailey, Sr Executive Assistant
City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
(785) 368-3710 www.topeka.org
EXCERPT
CITY OF TOPEKA, Topeka, Kansas, Wednesday, October 23, 2024. The Public Health
& Safety Committee members met at 9:30 A.M. with the following Committee members present:
Karen Hiller (Chair), Christina Valdivia-Alcalá, and David Banks.
The following is an excerpt of the draft minutes from the meeting:
APPROVAL of pest elimination responsibilities retaining the definition of Pest
Elimination in Section 202 of said code and amending 8.60.170 of the Topeka Municipal
Code and repealing the original section.
Pest Elimination Amendments
Committee Chair Karen Hiller spoke to the concerning pest elimination responsibilities set forth
in the 2012 International Property Maintenance Code, retaining the definition of the Pest
Elimination in Section 202 of said code and amending 8.60.170 of the Topeka Municipal Code.
Hiller added that the Topeka adopted version of the International Property Maintenance Code is
unclear about what happens and who is responsible in the case where a tenant’s unit is infested in
a multifamily property.
Committee member Christina Valdivia-Alcalá expressed her appreciation for the work of
Committee Chair Karen Hiller has done on the Pest Elimination Amendment. She stated there is
an urgency for this amendment to help families and will enable the City of Topeka to take action
for necessary code compliance.
MOTION Committee member Christina Valdivia-Alcalá made a motion to approve the
Resolution for pest elimination responsibilities for the Topeka Municipal Code and
proceed for action at the Governing Body meeting November 12, 2024. Committee
member Banks seconded. Approved 3-0-0.
***************************
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
November 12, 2024
DATE: November 12, 2024
CONTACT PERSON: Braxton Copley, DOCUMENT #:
Assistant City Manager
SECOND PARTY/SUBJECT: SW Huntoon Street PROJECT #: 701018.00
(Gage to Harrison)
Project Design
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
DISCUSSION of design options for the SW Huntoon Street, Street Design Project from Gage
Boulevard to Harrison Street.
(Staff is seeking direction from the Governing Body on which design option to choose for the SW Huntoon
Street Improvement Project.)
VOTING REQUIREMENTS:
Discussion only. Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Determine which design option the Governing Body would like to select for the SW Huntoon Street (Gage to
Harrison) Street Project.
STAFF RECOMMENDATION:
Staff recommends Option No. 2 which includes full reconstruction with single lane road with Complete Streets
elements.
BACKGROUND:
The City of Topeka and Bartlett & West Engineering project team is seeking direction from the Governing Body,
on which of the following three potential design options it would like for the SW Huntoon Street Project.
Option No. 1
Street Maintenance Only. This option includes utility repair and replacement, and 'as-is' sidewalk and street repair
and replacement. This option does not include any complete street elements (no bike lanes or shared use paths,
and no lighting, landscaping, or driveway improvements).
Option No. 2
Full Design with a single-lane configuration plus Complete Streets elements. This design offers three sub-options
including (1) One driving lane + bike lane; (2) One driving lane + bike lane + on-street parking; and (3) One
driving lane + on-street parking. This option would include lighting, landscaping and driveway
improvements.
Option No. 3
Full Design with a two-lane configuration + Complete Streets elements with no bike lane and/or street parking that
could be utilized for Huntoon Street. This option includes lighting, landscaping, and driveway improvements.
Public Involvement Meetings were held on June 20, 2024, July 23, 2024, and September 9, 2024. Results of the
survey were given at the September 9, 2024 Public Meeting are as follows:
77% of respondents voted for Option No. 2 - Full Design with Single-Lane Road and Complete Streets
Elements.
20% of respondents voted for Option No. 3 - Full Design with Two-Lane Road and Complete Streets
Elements.
3% of respondents voted for Option No. 1 - Street Maintenance Only. (No Complete Streets Elements)
BUDGETARY IMPACT:
$7,000,000 - $13,300,000 depending on the option the Governing Body chooses.
SOURCE OF FUNDING:
Countywide Half-Cent Sales Tax
ATTACHMENTS:
Description
Huntoon Street Bartlett & West Presentation
Public Infrastructure Committee Meeting Minutes Excerpt (October 15, 2024)
Huntoon Project (Nov 12 2024 Governing Body Meeting Presentation)
HUNTOON STREET
GAGE TO HARRISON
COT Project Number 701028.00
Funded by Shawnee County Sales Tax Extension
Huntoon St. Website
HUNTOON STREET – GAGE TO HARRISON
Project Schedule
• 2024
• Planning
• 2025
• Design
• 2026
• Communication, Power, and Gas utility relocation and easement acquisition
• 2027-2029
• Roadway construction
• Includes City of Topeka storm, sanitary, and water utilities
HUNTOON STREET – GAGE TO HARRISON
EXISTING PAVEMENT CONDITIONS
Topeka Blvd. Core
Huntoon St. Cores
Failed Base Concrete Material
HUNTOON STREET – GAGE TO HARRISON
EXISTING PAVEMENT CONDITIONS
HUNTOON STREET – GAGE TO HARRISON
Huntoon St. Pavement Condition Index (PCI) Scores
PCI Ratings
Excellent: 85-100
• 0 segments
Good: 70-84
• 0 segments
At-risk: 50-69
• 27 segments
Poor: 25-49
• 6 segments
Very Poor: 0-24
• 2 segments
HUNTOON STREET – GAGE TO HARRISON
HUNTOON STREET – GAGE TO HARRISON
TRAFFIC STUDY
RESULTS:
Only One (1) Thru Lane is needed on SW Huntoon Ave. from SW Gage to SW Topeka
HUNTOON STREET – GAGE TO HARRISON
Intersection Conflict Points – 2-lane vs. 1-lane
HUNTOON STREET – GAGE TO HARRISON
Intersection Conflict Points – 2-lane vs. 1-lane
HUNTOON STREET – GAGE TO HARRISON
CITY OF TOPEKA FUTURE ROADWAY MAINTENANCE
MAINTENANCE 1 DRIVING LANE
2039 2049 2059 2069 TOTAL
$299,749 $1,232,507 $656,788 $4,182,649 $6,371,693
UBAS Mill & Overlay UBAS Full-depth replacement
MAINTENANCE 2 DRIVING LANES
2039 2049 2059 2069 TOTAL
$599,499 $2,465,014 $1,313,576 $8,365,298 $12,743,387
UBAS Mill & Overlay UBAS Full-depth replacement
*Driving lane maintenance assumed to be on asphalt driving surface only
UBAS – Ultrathin Bonded Asphalt Surface
HUNTOON STREET – GAGE TO HARRISON
City of Topeka Utilities
• Sanitary
• $400,000 to $600,000
• Eligible for funding by Shawnee County sales tax funds
• Water
• $2.7 million to $6.3 million
• Eligible for funding by Shawnee County sales tax funds
• Storm
• $1.5 million estimated construction cost
• Included in overall roadway construction cost estimate
HUNTOON STREET – GAGE TO HARRISON
Project Public Involvement to date
• 12th St. Post-Construction Community Meeting
• Thursday, June 20th, 2024 @ Topeka & Shawnee County Public Library
• Huntoon St. Community Open House
• Tuesday, July 23rd, 2024 @ Topeka & Shawnee County Public Library
• Huntoon St. Public Meeting #1
• Monday, September 9th, 2024 @ Topeka & Shawnee County Public Library
• Ongoing meetings with local businesses and neighborhood associations
HUNTOON STREET – GAGE TO HARRISON
PUBLIC MEETING #1 SURVEY
Option 1 – Street Maintenance Only (No Complete Streets Elements)
Chosen by 3% of respondents
What you get What you don’t get
• Utility work • NO complete street elements
• Replace and repair pavement • NO street lighting
• Sidewalk infill • NO shared use path
• Mill and overlay roadway • NO roadway and pedestrian
• 3 years of construction safety improvements
• NO improvements to private drives
Estimated $7 to 9 million for construction (2024 dollars)
HUNTOON STREET – GAGE TO HARRISON
PUBLIC MEETING #1 SURVEY
Option 3 – Full Design with Two-Lane Road and Complete Streets Elements
Preferred option by 20% of survey respondents
• New roadway and storm sewer
• Shared-use path, sidewalks & ramps
• NO on-street parking, NO bike lane
• Street lighting, landscaping and new traffic signals
• Driver and pedestrian safety improvements to intersections
• Estimated $12.7 million for construction (2024 dollars)
• Estimated $14.2 million for construction (2027 dollars)
• Construction budget - $15.9 million
Typical section fits within existing Right-of-Way
from Gage to Topeka Blvd.
HUNTOON STREET – GAGE TO HARRISON
PUBLIC MEETING #1 SURVEY
Option 2 – Full Design with Single-Lane Road and Complete Streets Elements
Preferred option by 77% of survey respondents
• New roadway and storm sewer
• Shared-use path, sidewalks & ramps, bike lane, and on-street parking
• Street lighting & landscaping
• New traffic signals
• Driver and pedestrian safety improvements to intersections
• Estimated $13.3 million for construction (2024 dollars)
• Estimated $14.9 million for construction (2027 dollars)
• Construction budget - $15.9 million
Typical section fits within existing Right-of-Way
from Gage to Topeka Blvd.
CITY OF TOPEKA
CITY COUNCIL Tonya Bailey, Sr Executive Assistant
City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
(785) 368-3710 www.topeka.org
EXCERPT
CITY OF TOPEKA, Topeka, Kansas, Tuesday, October 15, 2024. The Public
Infrastructure Committee members met at 11:00 A.M. with the following Committee members
present: Sylvia Ortiz (Chair), and David Banks. Absent: Committee member Neil Dobler.
The following is an excerpt of the draft minutes from the meeting:
DISSCUSION ONLY. NO ACTION. Huntoon St Project No. 701028.00.
Huntoon St Project No. 701028.00
Braxton Copley, Assistant City Manager, stated the need to discuss and establish a preliminary
design with an overall high-level cost estimate and also get public engagement for the Huntoon
Street Project (Gage to Harrison Avevue). Bartlett & West, 1200 SW Executive Drive, in
Topeka was contracted as the consultant.
Jeff Lolley, Project Manager, with Bartlett & West provided a presentation for the Huntoon
Street Project -Gage to Harrison Avenue.
• (1) Existing pavement conditions report (2) Existing Utility Review (3) Traffic
study.
• Utilities Considered: (1) Sanitary; costs $400,000 to $600,000 (2) Water; $2.7
million to $6.3 million (3) Storm; $1.5 million estimated construction costs.
• Safety analyses was conducted and after review of the traffic levels it indicated that
a single lane design will improve safety for drivers, pedestrians, and cyclists along
SW Huntoon Ave. from SW Topeka Blvd and SW Gage Blvd.
• Public involvement meetings held; (1) June 20th, 2024 at Topeka & Shawnee
County Public Library (2) July 23rd, 2024 @ Topeka & Shawnee County Public
Library (3) September 9th, 2024 at Topeka & Shawnee County Public Library.
Public Meeting Survey:
• 77% of respondents voted for Option 2 – Full Design with Single-Lane Road and
Complete Streets Elements
• 20% of respondents voted for Option 3–Full Design with Two-Lane Road and
Complete Streets Elements
• 3% of respondents voted for Option 1–Street Maintenance Only (No Complete
Streets Elements)
Presented at the November 12, 2024 Governing Body Meeting Page 1
• Street Maintenance Only Option; 2024 Estimated $7 million to $9 million for
construction-Including replacement of existing utilities and install new utilities,
replace and repair pavement, sidewalk infill, overlay of roadway, time line 3 years of
construction. It does not include; street elements, lighting, shared use path, pedestrian
improvement, or private drives
• Reconstruction Option; New roadway/storm sewer, shared path/sidewalks/ramps/bike
lane/on-street parking, street lighting, landscaping, traffic signals, safety
improvements to intersections. 2024 estimated at $13.4 million for construction with
2027 estimated at $14.9 million
• City of Topeka CIP construction budget in 2024 is $15.9 million
Committee Chair Ortiz asked Jeff Lolley how many businesses attended the public meetings and
how many surveys were collected. He reported 5-6 businesses attended public meetings and
there were 60 surveys that responded. She expressed the importance of watching the budget and
taking full consideration for ways to make cuts. She also inquired about the current Pavement
Condition Index (PCI). Braxton Copley stated he would get that report to Ortiz for Huntoon
Street.
Councilmember Hoferer inquired about locations of the cores that were extracted from the
pavement. Jeff Lolley confirmed all different locations were reviewed. She also asked about the
alley entries. Lolley responded that they are replaced up to the right away of the street. She
stated she does not support 8-10 foot shared use paths and spoke to the difficulty that emergency
responders or large trucks have with raised islands. Lolley stated that it will be the plan to
preserve existing parking and minimize disruption and costs. Hoferer added she does support
completing the underground utilities.
Councilmember Marcus Miller stated that he spoke to many citizens from the College Hill area
and they were in support of the project.
Committee member David Banks and Councilmember Michelle Hoferer expressed their thoughts
about bike trails and that there are already many trails in Topeka.
Braxton Copley, Assistant City Manager, stated that the intent is to take this information to the
Governing Body on November 12th to get guidance on what the design contract will entail.
Options are (1) Do nothing (2) Maintenance work with mill and overlay (3) Full depth
reconstruction.
***************************
Presented at the November 12, 2024 Governing Body Meeting Page 2
November 12 2024
Meeting Presentation HUNTOON STREET
GAGE TO HARRISON
COT Project Number 701028.00
Funded by Shawnee County Sales Tax Extension
Huntoon St. Website
HUNTOON STREET – GAGE TO HARRISON
Project Schedule
• 2024
• Planning
• 2025
• Design
• 2026
• Communication, Power, and Gas utility relocation and easement acquisition
• 2027-2029
• Roadway construction
• Includes City of Topeka storm, sanitary, and water utilities
HUNTOON STREET – GAGE TO HARRISON
EXISTING PAVEMENT CONDITIONS
Topeka Blvd. Core
Huntoon St. Cores
Failed Base Concrete Material
HUNTOON STREET – GAGE TO HARRISON
EXISTING PAVEMENT CONDITIONS
HUNTOON STREET – GAGE TO HARRISON
Huntoon St. Pavement Condition Index (PCI) Scores
PCI Ratings
Excellent: 85-100
• 0 segments
Good: 70-84
• 0 segments
At-risk: 50-69
• 27 segments
Poor: 25-49
• 6 segments
Very Poor: 0-24
• 2 segments
HUNTOON STREET – GAGE TO HARRISON
HUNTOON STREET – GAGE TO HARRISON
TRAFFIC STUDY
RESULTS:
Only One (1) Thru Lane is needed on SW Huntoon Ave. from SW Gage to SW Topeka
HUNTOON STREET – GAGE TO HARRISON
Intersection Conflict Points – 2-lane vs. 1-lane
HUNTOON STREET – GAGE TO HARRISON
Intersection Conflict Points – 2-lane vs. 1-lane
HUNTOON STREET – GAGE TO HARRISON
CITY OF TOPEKA FUTURE ROADWAY MAINTENANCE
MAINTENANCE 1 DRIVING LANE
2039 2049 2059 2069 TOTAL
$299,749 $1,232,507 $656,788 $4,182,649 $6,371,693
UBAS Mill & Overlay UBAS Full-depth replacement
MAINTENANCE 2 DRIVING LANES
2039 2049 2059 2069 TOTAL
$599,499 $2,465,014 $1,313,576 $8,365,298 $12,743,387
UBAS Mill & Overlay UBAS Full-depth replacement
*Driving lane maintenance assumed to be on asphalt driving surface only
UBAS – Ultrathin Bonded Asphalt Surface
HUNTOON STREET – GAGE TO HARRISON
City of Topeka Utilities
• Sanitary
• $400,000 to $600,000
• Eligible for funding by Shawnee County sales tax funds
• Water
• $2.7 million to $6.3 million
• Eligible for funding by Shawnee County sales tax funds
• Storm
• $1.5 million estimated construction cost
• Included in overall roadway construction cost estimate
HUNTOON STREET – GAGE TO HARRISON
Project Public Involvement to date
• 12th St. Post-Construction Community Meeting
• Thursday, June 20th, 2024 @ Topeka & Shawnee County Public Library
• Huntoon St. Community Open House
• Tuesday, July 23rd, 2024 @ Topeka & Shawnee County Public Library
• Huntoon St. Public Meeting #1
• Monday, September 9th, 2024 @ Topeka & Shawnee County Public Library
• Ongoing meetings with local businesses and neighborhood associations
HUNTOON STREET – GAGE TO HARRISON
PUBLIC MEETING #1 SURVEY
Option 1 – Street Maintenance Only (No Complete Streets Elements)
Chosen by 3% of respondents
What you get What you don’t get
• Utility work • NO complete street elements
• Replace and repair pavement • NO street lighting
• Sidewalk infill • NO shared use path
• Mill and overlay roadway • NO roadway and pedestrian
• 3 years of construction safety improvements
• NO improvements to private drives
Estimated $7 to 9 million for construction (2024 dollars)
HUNTOON STREET – GAGE TO HARRISON
PUBLIC MEETING #1 SURVEY
Option 3 – Full Design with Two-Lane Road and Complete Streets Elements
Preferred option by 20% of survey respondents
• New roadway and storm sewer
• Shared-use path, sidewalks & ramps
• NO on-street parking, NO bike lane
• Street lighting, landscaping and new traffic signals
• Driver and pedestrian safety improvements to intersections
• Estimated $12.7 million for construction (2024 dollars)
• Estimated $14.2 million for construction (2027 dollars)
• Construction budget - $15.9 million
Typical section fits within existing Right-of-Way
from Gage to Topeka Blvd.
HUNTOON STREET – GAGE TO HARRISON
PUBLIC MEETING #1 SURVEY
Option 2 – Full Design with Single-Lane Road and Complete Streets Elements
Preferred option by 77% of survey respondents
• New roadway and storm sewer
• Shared-use path, sidewalks & ramps, bike lane, and on-street parking
• Street lighting & landscaping
• New traffic signals
• Driver and pedestrian safety improvements to intersections
• Estimated $13.3 million for construction (2024 dollars)
• Estimated $14.9 million for construction (2027 dollars)
• Construction budget - $15.9 million
Typical section fits within existing Right-of-Way
from Gage to Topeka Blvd.
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
November 12, 2024
DATE: November 12, 2024
CONTACT PERSON: Councilmember DOCUMENT #:
Spencer Duncan, Policy
and Finance Committee
Chairperson
SECOND PARTY/SUBJECT: 2025 Legislative Agenda PROJECT #:
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
DISCUSSION regarding the 2025 City of Topeka Legislative Agenda. (The Policy and Finance
Committee recommended approval on October 22, 2024.)
(Proposed priorities relate to Finance and Taxation, Public Safety Welfare, Community and Economic
Development.)
VOTING REQUIREMENTS:
Discussion only. Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to determine the City's legislative priorities for the 2025 legislative session.
STAFF RECOMMENDATION:
Discussion only. Staff recommends approval of the resolution when considered.
BACKGROUND:
The Policy and Finance Committee held a meeting on October 22, 2024 and recommended approval of
the proposed resolution by a vote of 3-0-0.
New items being proposed include the following:
Sales Tax: The City of Topeka to have voter approved local sales taxes without interference from the
county and continue to be able to determine voter-approved local sales tax allocations.
Property Tax Valuation: City of Topeka has a vested interest in an equitable and sustainable
valuation system to include using a rolling average system.
Revenue Neutral Process: The State of Kansas should be transparent and abide by the
same limitations, restrictions, and requirements which includes taking a vote to exceed the
revenue neutral rate. Ask the State to work together on innovative approaches to reduce
property taxes.
Housing: Giving support for legislation allowing cities to require mandatory inspection for
landlords plus giving cities additional tools to deal with vacant and abandoned housing.
Firefighter Helmet Cameras: Support the ability of local governments to determine when and
how helmet cameras and drone audio/visual recordings will be used.
Law Enforcement Officer Age Requirement: Allow individuals to enter the law enforcement
academy if the individual will meet the current minimum age of 21 when the individual
graduates from the academy.
Metropolitan Topeka Airport Authority (MTAA): Supports legislative to receive a budgetary
appropriation for expansion into the field of aircraft maintenance, repair and overhaul (MRO).
Local Government Employment Grants: Supports legislation to create programs that
incentive individuals in hard to fill professions.
CROWN Act: Supports the State to pass Creating A Respectful and Open World for
Natural Hair Act.
BUDGETARY IMPACT:
To be determined based on priorities.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
Resolution
Policy & Finance Committee Meeting Minutes Excerpt (October 22, 2024)
Policy & Finance Committee Report (October 22, 2024)
1 RESOLUTION NO. _____
2
3 A RESOLUTION introduced by the members of the Policy and Finance Committee
4 relating to the City of Topeka’s legislative agenda for the 2025
5 legislative session.
6
7 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
8 CITY OF TOPEKA, KANSAS, that the following is hereby adopted as the City of Topeka’s
9 legislative agenda for the 2025 legislative session:
10 Home Rule. Consistent with the Home Rule Amendment of the Kansas
11 Constitution approved by voters in 1960, our local Governing Body, as the body closest
12 to the people, is in the best position to make decisions for our community, particularly in
13 regards to local tax and revenue decisions. The City of Topeka strongly supports
14 legislation that respects our constitutional home rule authority.
15 Finance & Taxation.
16 (1) Business Competition. We strongly oppose any state-imposed limits on the taxing
17 and spending authority of cities and legislation that seek to exempt/waive property
18 taxes for some businesses at the expense of the tax base as a whole on the basis
19 of competition.
20 (2) Sales Tax. As the majority of commerce occurs inside city limits, cities should be
21 able to impose voter-approved local sales taxes without interference from the
22 county. The City of Topeka should continue to be able to determine voter-
23 approved local sales tax allocations. While the legislature is granted authority to
24 make decisions relating to statewide sales tax, local voters and their elected
25 officials are vested with that authority for local sales tax. Any sales tax exemptions
26 considered by the legislature should only apply to the state portion of sales tax and
RES/2025 Legislative Agenda 10/22/24 1
27 not eliminate voter-approved local sales taxes.
28 (3) Unfunded Mandates. If the state or federal governments seek to promote particular
29 policy objectives, such mandates should be accompanied by an appropriate level
30 of funding.
31 (4) Property Tax Valuation. The City of Topeka has a vested interest in an equitable
32 and sustainable valuation system. The State should reexamine property valuation
33 laws in Kansas and, in cooperation with local governments, modernize the
34 residential and commercial valuation system. This should include looking at using
35 a rolling average system, similar to that used in Kansas agriculture property
36 valuations.
37 (5) Revenue Neutral Process. All property taxing authorities, including the State should
38 be transparent, and abide by the same limitations, restrictions, and requirements, this
39 includes taking a vote to exceed the revenue neutral rate and looking at all options to
40 decrease the state-wide mill levy. We ask the State to work together with us on
41 innovative approaches to reduce property taxes.
42 Public Safety Welfare.
43 (1) Housing. Recognizing that residents have a right to live in safe, affordable,
44 housing, we support legislation allowing cities to require mandatory inspections
45 for landlords accepting public funds, strengthening protections for enforcement of
46 equitable interest in contract for deed arrangements, and giving cities additional
47 tools to deal with vacant and abandoned housing in order to decrease blight in
48 neighborhoods and return houses to productive use.
49 (2) Mental Health. We support allocating additional resources for mental health
50 programs, including establishment of a state mental health facility in Topeka to
RES/2025 Legislative Agenda 10/22/24 2
51 provide additional bed space for patients with mental health issues.
52 (3) Medicaid Expansion. Kansas is one of only 11 states that has not expanded
53 Medicaid eligibility which is supported by 7 out of 10 Kansas voters. We urge the
54 Legislature to do so in order to provide health care to individuals who cannot afford
55 to access these services.
56 (4) Homelessness. We support allocating a portion of the budget surplus to help
57 cities address homelessness and its underlying causes which include a lack of
58 affordable housing and social services.
59 (5) Firefighter Helmet Cameras. We support the ability of local governments to
60 determine when and how helmet cameras and drone audio/visual recordings will be
61 used by firefighters in the course of responding to public safety calls including the
62 regulation of public access to those recordings, balancing the needs of public safety
63 professionals and the individuals whose images and sounds are captured in the
64 recordings.
65 (6) Law Enforcement Officer Age Requirement. We support efforts to allow
66 individuals to enter the law enforcement academy if the individual will meet the
67 current minimum age of 21 when the individual graduates from the academy.
68 (7) Minimum Wage. We support passage of legislation which would allow cities to
69 utilize their Home Rule power to require employers to pay wages higher than the
70 minimum wage.
71 Community and Economic Development.
72 (1) Broadband. The State should support efforts that invest in broadband as an
73 essential utility for the success of the community.
74 (2) Metropolitan Topeka Airport Authority (MTAA). Recognizing Topeka is located in
RES/2025 Legislative Agenda 10/22/24 3
75 an ideal location to support NIAR initiatives in Wichita and Salina, we support
76 legislative efforts by the MTAA to receive a budgetary appropriation for expansion
77 into the field of aircraft maintenance, repair and overhaul (MRO).
78 (3) Local Government Employment Grants. Vacancies in local government positions
79 negatively impact our community causing delays in services. We support
80 legislation to create programs that incentivize individuals in hard to fill professions
81 to stay in Kansas and work in the public sector.
82 (4) CROWN Act. We support legislative efforts to pass at the state level the Creating
83 A Respectful and Open World for Natural Hair Act prohibiting race-based hair
84 discrimination.
85 League of Kansas Municipalities. We support the League of Kansas
86 Municipalities 2025 Statement of Municipal Policy to the extent the Policy is consistent
87 with the City’s priorities and agenda, including opposing legislation limiting the City’s
88 Home Rule authority.
89 ADOPTED and APPROVED by the Governing Body on ___________________.
90 CITY OF TOPEKA, KANSAS
91
92
93
94
95 Michael A. Padilla, Mayor
96 ATTEST:
97
98
99
100 __________________________________
101 Brenda Younger, City Clerk
RES/2025 Legislative Agenda 10/22/24 4
CITY OF TOPEKA
CITY COUNCIL Tonya Bailey, Sr Executive Assistant
City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
(785) 368-3710 www.topeka.org
EXCERPT
HOLLIDAY 1st FLOOR CONFERENCE ROOM, Topeka, Kansas, Tuesday, October 22,
2024. The Policy & Finance Committee members met at 1:00 P.M., with the following
Committee members present: Duncan (Chair), Marcus Miller, Michelle Hoferer.
The following is an excerpt of the draft minutes from the meeting:
APPROVAL by the Committee for the 2025 Legislative Agenda and get on the
Governing Body Agenda November 12, 2024 Discussion item.
2025 LEGISLATIVE AGENDA
Chairman Duncan expressed his support for the 2025 Legislative Agenda and spoke to the new
items that will be proposed.
• Sales Tax- The City of Topeka to have voter approved local sales taxes without
interference from the county and continue to be able to determine voter-approved local
sales tax allocations.
• Property Tax Valuation- City of Topeka has a vested interest in an equitable and
sustainable valuation system to include using a rolling average system.
• Revenue neutral process- The State of Kansas should be transparent and abide by the
same limitations, restrictions, and requirements which includes taking a vote to exceed
the revenue neutral rate. Ask the State to work together on innovative approaches to
reduce property taxes.
• Housing- Giving support for legislation allowing cities to require mandatory inspection
for landlords plus giving cities additional tools to deal with vacant and abandoned
housing.
• Firefighter Helmet Cameras- Support the ability of local governments to determine when
and how helmet cameras and drone audio/visual recordings will be used.
• Law Enforcement Officer Age Requirement- Allow individuals to enter the law
enforcement academy if the individual will meet the current minimum age of 21 when the
individual graduates from the academy.
• Metropolitan Topeka Airport Authority (MTAA)- Supports legislative to receive a
budgetary appropriation for expansion into the field of aircraft maintenance, repair and
overhaul (MRO).
• Local Government Employment Grants- Supports legislation to create programs that
incentive individuals in hard to fill professions.
Presented at the November 12, 2024 Governing Body Meeting
• CROWN Act- Supports the State to pass Creating A Respectful and Open World for
Natural Hair Act.
Chairman Duncan thanked City Attorney Amanda Stanley for her work on preparing the
proposed resolution.
MOTION: Chairman Duncan made a motion to approve the 2025 Legislative Agenda and get on
the Governing Body Agenda November 12, 2024 for Discussion. Committee member Miller
seconded. Approved 3-0-0.
***************************
Presented at the November 12, 2024 Governing Body Meeting Page 2
COMMITTEE REFERRAL SHEET
COMMITTEE REPORT
Name of Policy & Finance
Committee:
Title: Resolution: 2025 Legislative Agenda
Date referred
from Council
meeting:
Date referred October 22, 2024
from
Committee:
Committee MOTION: Chairman Duncan made a motion to approve the
Action: 2025 Legislative Agenda and get on the Governing Body
Agenda November 12, 2024 for Discussion. Committee
member Miller seconded. Approved 3-0-0.
Comments:
Members of Councilmembers Spencer Duncan (Chair), Marcus Miller,
Committee: Michelle Hoferer
Agenda Date November 12, 2024
Requested:
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
November 12, 2024
DATE: November 12, 2024
CONTACT PERSON: DOCUMENT #:
SECOND PARTY/SUBJECT: Public Comment PROJECT #:
Protocol
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
PUBLIC COMMENT PROTOCOL
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
Governing Body Rule 5.5
(c) Public Comment on a specific agenda item: Comments from members of the public concerning a
specific agenda item will be heard at the time the item is considered. Persons will be limited to addressing the
governing body one (1) time on a particular matter unless otherwise allowed by a vote of six (6) or more members
of the governing body.
(d) General public comment: Requests by members of the public to speak during the public comment portion
of a regular governing body meeting will be placed on the agenda on a "first-come, first-served" basis. The
request should state the name of the individual(s) desiring to be heard. Each such individual shall be limited to
addressing the governing body one (1) time and his or her comments shall be limited to topics directly relevant to
business of the governing body; provided however, that comments pertaining to personnel and litigation matters
shall not be allowed.
Procedures for Addressing the Governing Body
In accordance with Governing Body Rules 5.6 and 5.7, the following protocols for public comment apply:
Each person shall state his or her name and city of residence in an audible tone for the record.
All remarks shall be addressed to the Governing Body as a whole -- not to any individual member.
In order to provide additional time for as many individuals as possible to address the Governing Body, each
individual signed up to speak will need to complete his or her comments within four minutes.
The following behavior will not be tolerated from any speaker:
Uttering fighting words
Slander
Speeches invasive of the privacy of individuals (no mention of names) Unreasonably Loud Speech
Repetitious Speech or Debate
Speeches so disruptive of proceedings that the legislative process is substantially interrupted
Any speaker who engages in this type of behavior will be warned once by the presiding office (Mayor). If the
behavior continues, the speaker will be ordered to cease his or her behavior. If the speaker persists in interfering
with the ability of the Governing Body to carry out its function, he or she will be removed from the City Council
Chambers or Zoom meeting room.
Members of the public, Governing Body and staff are expected to treat one another with respect at all times.
Zoom Meeting Protocol
Make sure your Zoom name, email and/or phone number matches what was submitted to the City Clerk
when you signed up for public comment. Any misnamed or unauthorized users will not be admitted to
Zoom.
Please keep your mic muted and your camera off until you are called by the Mayor to give your comment.
If you are cut off during your comment time due to an internet connection or technical issue, you will need
to submit your comments in writing to the City Clerk atcclerk@topeka.orgor 215 SE 7thStreet, Room
012B, Topeka, KS 66603 for attachment to the minutes.
If you break any of the public comment rules, you will receive one warning from the Mayor. If you continue
any prohibited behavior, you will be removed from the Zoom meeting room and will not be allowed to rejoin.
Public comment is limited to four minutes. You may receive an extension at the discretion of the Governing
Body. The timer will be visible to you in the ‘City of Topeka Admin’ window on the Zoom app. Call-in users
will hear one beep when a minute is remaining and then another beep when time has expired.
Please do not share the Zoom login information with anyone. Any unauthorized users will not be admitted to
the Zoom meeting room.
BUDGETARY IMPACT:
SOURCE OF FUNDING: