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City of Arkansas City Board of City Commissioners

Agenda

Regular Meeting Monday, January 13, 2020 @ 5:30 PM

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

I. Routine Business

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

II. Awards and Proclamations

III. Recognition of Visitors

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

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

V. Consent Agenda (Voice Vote)

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

1. Approve the December 17, 2019, regular meeting minutes and December 23, 2019, special

meeting minutes as written. 2. Approve personnel policy update.

VI. Old Business Presentation by Mayor Warren to outgoing Commissioner Jim Sybrant Adjourn Sine Die City Clerk Shook will administer the Oath of Office to Commissioners-elect Kanyon Gingher, Duane Oestmann and Scott Rogers Roll Call VII. New Business

1. Select Mayor for 2020. (Voice Vote) 2. Recognize and honor leadership and service of past mayor Jay Warren.

3. Select Vice Mayor for 2020. (Voice Vote) 4. Appoint three members of the Governing Body to serve as Arkansas City’s representatives on

the Strother Field Commission. (Voice Vote) 5. Designate one member of the Governing Body to serve as a representative to Cowley First.

(Voice Vote) 6. Appoint one member of the Governing Body to serve on the Arkansas City Public Library Board

of Trustees. (Voice Vote) 7. Appoint one member of the Governing Body to serve on the Visit Ark City Board of Trustees.

(Voice Vote) 8. Designate one member of the Governing Body to serve as a representative on the Traffic Safety

Committee. (Voice Vote) 9. Designate one member of the Governing Body to serve as representative on the Cherokee Strip

Land Rush Museum Board of Trustees. (Voice Vote) 10. Designate the official City newspaper for the publication of legal notices. (Voice Vote) 11. Designate RCB Bank as primary depository for banking services and all other eligible banks in

the community as potential depositories for City funds. (Voice Vote) 12. Consider a Resolution approving a personal services agreement contract between the City of

Arkansas City and Osenbaugh Consulting to assist with the search for a new City Manager. (Voice Vote)

13. Consider a Resolution amending the City of Arkansas City Cafeteria Plan. (Voice Vote) VIII. City Manager Updates

1. 2020 legislative session begins 2. RISE Cowley health coalition meeting 3. Cowley County Legislative Committee meeting 4. Cowley County Service Alliance meeting 5. City Commission study session 6. Martin Luther King Jr. Day Celebration of Unity 7. Land Bank Board of Trustees meeting 8. Wilson Park Master Plan Phase 1

IX. Other Business

1. Reports: a. City Advisory Board Reports b. City Holidays Calendar for 2020 c. City Meetings Calendar for 2020

X. Adjourn for Mayors’ Reception

Item for City Commission Action Section V Item 1

Meeting Date 1/13/2020

Department/Division City Manager

Staff Contact Andrew Lawson

Title: Consent Agenda Item: Approve the December 17, 2019, regular meeting minutes and December 23, 2019, special meeting minutes as written. Description: Please see attached document. Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Approved for Agenda by:

City Manager

City Commission of Arkansas City – Regular Meeting Minutes

December 17, 2019 Page 1

The Arkansas City Board of City Commissioners met in regular session at 5:30 p.m. Tuesday, December 17, 2019, in the Commission Room at City Hall, located at 118 W. Central Ave. Mayor Jay Warren called the meeting to order. Commissioners also present at roll call were Commissioners Kanyon Gingher, Duane L. Oestmann, Jim Sybrant and Karen Welch. City employees present were City Manager Nick Hernandez, City Attorney Larry Schwartz, City Clerk Lesley Shook, Public Information Officer Andrew Lawson, Management Assistant Mike Crandall, Finance Director Kathy Cornwell, Fire Chief Bobby Wolfe, Police Chief Dan Ward, Environmental Services Superintendent Rod Philo and Human Resources Manager Marla McFarland. Citizens in attendance were Commissioner-elect Scott Rogers and Cowley CourierTraveler reporter John Shelman. Mayor Warren offered the opening prayer and led the audience in the Pledge of Allegiance. Agenda Approval Commissioner Oestmann made a motion to approve the agenda as presented. Commissioner Sybrant seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the agenda approved as presented. Consent Agenda Commissioner Oestmann made a motion to approve the consent agenda, including the following:

1. Approving the December 3, 2019, regular meeting minutes as written. 2. Approving Resolution No. 2019-12-3298, authorizing City Manager Nickolaus J.

Hernandez, Finance Director Kathleen A. Cornwell and City Treasurer Jennifer C. Waggoner to act as authorized signers on City bank accounts.

3. Approving Resolution No. 2019-12-3299, authorizing the City to execute a Generally Accepted Accounting Principles (GAAP) waiver for the 2020 fiscal year.

4. Approving renewal Cereal Malt Beverage (CMB) licenses for 2020. 5. Approving Resolution No. 2019-12-3300, authorizing the City to enter into a Professional

Services Agreement with N.M. Iverson Jr. for Arkansas City Municipal Court judge services. 6. Approving Resolution No. 2019-12-3301, authorizing the issuance by the Cowley County

Commission of its Taxable Industrial Revenue Bonds (IRBs) to pay the costs of the acquisition, improving and equipping of an existing commercial facility to be leased to 22765 Smyer Street LLC, a facility located within the limits of Strother Field Airport/Industrial Park.



7. Approving Resolution No. 2019-12-3302, authorizing a public meeting of the Governing Body to attend a Land Bank Board of Trustees meeting at 5 p.m. Tuesday, January 21, 2020, in the Commission Room at City Hall, located at 118 W. Central Ave. in Arkansas City.

8. Approving Resolution No. 2019-12-3303, canceling a public meeting of the Governing Body scheduled for noon Friday, January 3, 2020, in the City Manager’s Office at City Hall.

9. Ratifying Mayor Warren's reappointments of Robin Henderson to the Beautification and Tree Advisory Board, Kim Hager and Arleta Rice to the Community Spirit Award Committee, James Fry and Tammy Lanman-Henderson to the Equal Opportunity and Accessibility Advisory Board, and Arty Hicks and Shawn Silliman to the Visit Ark City Board of Trustees.

Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the consent agenda approved as presented. Old Business

Uniform Public Offense Code Ordinance No. 2019-12-4504

City Clerk Shook presented for discussion a second reading of an ordinance adopting by reference the 2019 Uniform Public Offense Code. City Attorney Schwartz said both the 2019 Uniform Public Offense Code and the Standard Traffic Ordinance have been state law since July 1, 2019. He recommended adopting both law books. Mayor Warren made a motion to approve the ordinance. Commissioner Welch seconded the motion. A roll call vote resulted in four yea votes and one nay vote, with Commissioner Gingher dissenting. Mayor Warren declared the ordinance approved and given Ordinance No. 2019-12-4504.

Standard Traffic Ordinance Ordinance No. 2019-12-4505

City Clerk Shook presented for discussion a second reading of an ordinance adopting by reference the 2019 Standard Traffic Ordinance. Commissioner Welch made a motion to approve the ordinance. Commissioner Oestmann seconded the motion. A roll call vote was unanimous in favor of the motion. Mayor Warren declared the ordinance approved and given Ordinance No. 2019-12-4505.



New Business Rescheduling Budget Hearing Resolution No. 2019-12-3304

City Clerk Shook presented for discussion a resolution rescheduling a public hearing to amend the 2019 budget for the City from 5:30 p.m. Tuesday, December 17, 2019, to a special meeting at noon Monday, December 23, 2019, in the Commission Room at City Hall, located at 118 W. Central Ave. Finance Director Cornwell explained that the postponement of the hearing was necessary due to a publication delay, but urged commissioners to go ahead and accept any public comment that night. Mayor Warren opened the floor for public comment on the proposed amendments. No one spoke. Mayor Warren made a motion to approve the resolution. Commissioner Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the resolution approved and given Resolution No. 2019-12-3304.

Comprehensive Fee Schedule Resolution No. 2019-12-3305

City Clerk Shook presented for discussion a resolution adopting by reference the City’s 2019/2020 Comprehensive Fee Schedule and repealing Resolution No. 2018-12-3223. City Manager Hernandez provided an overview of the proposed fee increases, most of them minor. Mayor Warren made a motion to approve the resolution. Commissioner Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the resolution approved and given Resolution No. 2019-12-3305.

Water Treatment Plant Demolition Resolution No. 2019-12-3306

City Clerk Shook presented for discussion a resolution authorizing the City to enter into a contract with Bradburn Wrecking Company, Inc., of Wichita, for demolition of the old Water Treatment Plant, for an amount not to exceed $135,900.00. Environmental Services Superintendent Philo said 19 firms were contacted for bids, with six responding and Bradburn presenting the lowest bid. The old Water Treatment Plant needs to be demolished to make way for a new Evergy transmission line, with Evergy reimbursing City costs.



Commissioner Sybrant made a motion to approve the resolution. Commissioner Welch seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the resolution approved and given Resolution No. 2019-12-3306.

WTP Demo Inspection Services Resolution No. 2019-12-3307

City Clerk Shook presented for discussion a resolution authorizing the City to enter into a contract with Smith & Oakes, Inc. to provide construction administration and inspection services for the demolition of the old Water Treatment Plant, for an amount not to exceed $36,525.00. Commissioner Sybrant made a motion to approve the resolution. Mayor Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the resolution approved and given Resolution No. 2019-12-3307. City Manager Updates City Manager Hernandez provided the commissioners with the following reminders and updates:

• Officers with the Arkansas City Police Department will be host to “Cocoa with a Cop” from 9 to 10:30 a.m. December 20 at the Ark City Public Library, located at 120 E. Fifth Ave.

• There will be a special City Commission meeting at noon December 23 in the commission room at City Hall. The only agenda item is the public hearing to amend the 2019 budget.

• City Hall will close early at noon December 24 so employees can leave early for Christmas travel. City Hall and other City offices will remain closed on December 25 in observance of Christmas Day. City offices will reopen for normal business hours at 8 a.m. December 26. Utility payments will not be late until after 5 p.m. December 26, due to the holiday closure.

• City Hall and other City offices also will be closed January 1, 2020, in observance of New Year’s Day. City offices will reopen for normal business hours at 8 a.m. January 2, 2020.

• The next monthly meeting of the Arkansas City Area Complete Count Committee will be at 1:30 p.m. January 2, 2020, at the Water Treatment Facility, located at 400 W. Madison Ave.

• The next quarterly Traffic Safety Committee meeting will be at 10 a.m. January 10, 2020, in the city manager’s office at City Hall, located at 118 W. Central Ave.

• The City Commission’s annual reorganization meeting for 2020 was rescheduled automatically by Resolution No. 2018-12-3222 from January 7, 2020 to 5:30 p.m. January 13, 2020. A reception for Mayor Warren and incoming Mayor Welch will follow at 6:30 p.m.

• The next City Commission study session will be at noon January 17 in the city manager’s office at City Hall. Possible topics include North Summit Street or Wilson Park Master Plan.

• Hernandez presented some information about an expected increase in landfill fees in 2020.



Adjournment Commissioner Oestmann made a motion to adjourn the meeting. Mayor Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the meeting adjourned at 6:08 p.m. THE CITY OF ARKANSAS CITY BOARD OF CITY COMMISSIONERS ____________________________ Jay Warren, Mayor ATTEST: ____________________________ Lesley Shook, City Clerk Prepared by: _____________________________________ Andrew Lawson, Public Information Officer

City Commission of Arkansas City — Special Meeting Minutes

November 22, 2019 Page 1

The Arkansas City Board of City Commissioners met in special session at noon Monday, December 23, 2019, in the Commission Room at City Hall, located at 118 W. Central Ave. in Arkansas City. Mayor Jay Warren called the meeting to order. Commissioners also present at roll call were Commissioners Kanyon Gingher, Duane L. Oestmann, Jim Sybrant and Karen Welch. City employees present were City Manager Nick Hernandez and Finance Director Kathy Cornwell. Business

Amending 2019 City Budget Ordinance No. 2019-12-4506

City Manager Hernandez presented for discussion a first reading of an ordinance to amend specified funds in the budget for the City of Arkansas City for the year beginning January 1, 2019. Finance Director Cornwell said the public notice of a budget hearing was published December 12. She said a public hearing must be held prior to adopting the amended 2019 budget, which alters Tourism Fund receipts. It also establishes the new Health Care Sales Tax Fund and Unpledged Health Care Sales Tax Fund, neither of which existed when the budget originally was approved. Mayor Warren opened a public hearing. No one spoke. Mayor Warren closed the public hearing. After an extended discussion about the distribution of Compensating Use Tax funds, Mayor Warren made a motion to approve the ordinance. Commissioner Oestmann seconded the motion. A roll call vote was unanimous in favor of the motion. Mayor Warren declared the ordinance approved and given Ordinance No. 2019-12-4506. Adjournment Commissioner Welch made a motion to adjourn the meeting. Commissioner Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the meeting adjourned at 1:08 p.m.

City Commission of Arkansas City — Special Meeting Minutes

November 22, 2019 Page 2

THE CITY OF ARKANSAS CITY BOARD OF CITY COMMISSIONERS ____________________________ Jay Warren, Mayor ATTEST: ____________________________ Lesley Shook, City Clerk Prepared by: _____________________________________ Andrew Lawson, Public Information Officer

Item for City Commission Action Section V Item 2


Department/Division City Manager / Human Resources

Staff Contacts Andrew Lawson / Marla McFarland

Title: Consent Agenda Item: Approve personnel policy update. Description: Please review and adopt changes and updates to the following policies, procedures, rules or regulations:

1.12 Employee Council o Due to the 2019 reorganization of the Public Works Department into separate

Environmental Services and Public Services departments, some restructuring of the Employee Council is necessary. Based on staffing numbers and current staggering terms, staff determined the easiest and fairest way to restructure is by adding one (1) member:

The Environmental Services Department will receive one (1) additional representative, to be appointed in even-numbered years (starting next month);

The Parks & Facilities Division, Sanitation Division, and Street & Stormwater Division each will retain their own individual representative, as done before.

o Updated all references to account for expansion to ten (10) Employee Council members. o Updated provision regarding appointing members from different shifts and restricting

representation to no more than one (1) administrative employee to apply to all departments with multiple representatives, not just Fire-EMS and Police departments.

o Added a statement to clarify that replacements finish unexpired terms of predecessors. o Updated number of 1st- and 2nd-year members to reflect even distribution of five (5)

each. o Increased number of Council members required for a quorum to hold a meeting to six

(6). Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Approved for Agenda by:

City Manager

1.12

ARKANSAS CITY HUMAN RESOURCE DIVISION

SUBJECT: Employee Council NUMBER: 1.12

EFFECTIVE DATE: 32/1/1920 REVIEW: Biennially

AMENDS/SUPERSEDES:

1.12 Employee Council, January 1, 2019

APPROVED:

____________________ City Manager

EMPLOYEE COUNCIL

The City of Arkansas City values its employees as the most significant resource available to City government. It is committed to candid, open communication among City staff. An ongoing communication process is vital to a healthy, progressive and trusting attitude within the municipal organization. In order to enhance communication on an ongoing basis, the Employee Council has been established.

The Council is represented by members of several departments/divisions and is chaired by a second-year member who is selected in February by the Council’s voting membership. Specific guidelines are listed below.

Purpose and Definition The Employee Council is an advisory group whose purpose is to provide input to the City Manager and management staff regarding general employee issues, suggestions or concerns. The Council may make recommendations from time to time, suggesting improvements in City policies and procedures. The Council also serves as a sounding board for management’s ideas or concerns, and to communicate goals and plans to all employees. Additionally, the Council serves as a focus group for developing and maintaining ongoing programs for employee appreciation and recognition, including but not limited to quarterly breakfasts or luncheons, holiday-related promotions and the annual employee Christmas party.

Composition and Qualifications The Employee Council is a function of the Human Resource Division within the City Manager Department. The City Manager and Human Resource Manager facilitate the overall function of the Council, but do not vote.

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Also present at Council meetings as nonvoting members are the Public Information Officer/Special Projects Coordinator and Human Resource Administrative Assistant. In addition to these four nonvoting staff members, the Council is composed of nine ten (910) voting members, representing the following departments/divisions:

1. Environmental Services Department — two (2) representatives;

1.2.Finance Department — one (1) representative;

2.3.Fire-Emergency Medical Services Department — two (2) representatives;

3. Parks & Facilities Division — one (1) representative;

4. Police Department — two (2) representatives;

5. Public Works Services Department — one (1) representative each for the Environmental ServicesParks & Facilities Division, Sanitation Division, and Street & Stormwater Division, for a total of three (3) representatives.

At a minimum, a member of the Council must be:

A good listener.

Able to communicate well with other employees and engage in constructive dialogue.

Interested in doing what is best for the City and all of its employees.

A team player who is willing and enthusiastic to volunteer some of his or her personal time for the benefit of the City and the Council’s activities.

Membership on this Council is a privilege and an honor. Members represent their peers and coworkers in an important function of the City’s employee base. Consistent attendance and assistance with Council activities is expected. Member Selection and Terms Department/Division Heads, except the City Manager and Human Resource Manager, are ineligible for appointment to or inclusion on the Employee Council. All voting members of the Council must be employees who are not supervisors and/or do not fulfill a supervisory function. On a biannual basis, City employees will be given an opportunity to nominate two (2) non-supervisory employees from their department/division for consideration of membership on the Council to fill one of the nine ten (910) seats. The City Manager, or his or her designee, will determine the final membership of the Council from these nominations, based on several factors, including but not limited to diversity, broad departmental representation and blend of personnel.

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Whenever possible, any new appointee from the Environmental Services, Fire-EMS and, Police and Public Services departments either should be on a shift that differs from the other departmental member’s shift or an administrative employee who is not part of that department’s front-line workforce. No more than one (1) such administrative employee from each department shall serve on the Council at any given time. If a member resigns or is removed before his or her term expires, a replacement shall be selected by the City Manager from the employees previously nominated, if a suitable number remains available for consideration. Otherwise, the process shall begin anew as previously stated. Replacement members shall be appointed to finish the unexpired term of their predecessors. Terms on the Council are for two (2) years, starting in February and ending in January two (2) years later. Council members may not serve consecutive two-year (2) terms. The City Manager may make an exception, however, if a department/division is small enough that a sufficient pool of candidates does not exist without consideration of a current Council member, or if that member is the only suitable candidate for appointment to the seat that is scheduled to open. Only second-year Council members are eligible to serve as chairperson. The chairperson shall be selected by a majority of the voting members of the Council to serve a one-year (1) term from February through January of the following year. In order to provide a suitable pool of candidates for chairperson, terms on the Council shall be staggered so that no more than five (5) members shall be first-year members in any given year and so there are always at least four five (45) second-year members. The following staggered rotation schedule of terms shall be in effect:

In February of odd-numbered years, new representatives shall be appointed from the Environmental Services DivisionDepartment, Fire-EMS Department, Parks & Facilities Division, Police Department, and Sanitation Division.

In February of even-numbered years, new representatives shall be appointed from the Environmental Services Department, Finance Department, Fire-EMS Department, Police Department, and Street & Stormwater Division.

Meetings The Employee Council generally meets on the first Tuesday of each month, unless there is some business that necessitates a special meeting or there is no business to be discussed that month, at which point the meeting may be canceled by the City Manager or Human Resource Manager.

1.12

To hold a meeting, a quorum of the Council must be present, which is hereby defined as a minimum of five six (56) members of the Council. If only four five (45) or fewer members are present at the start of the regular meeting time, the meeting is considered automatically canceled and must be rescheduled. Minutes of each meeting shall be recorded by the Public Information Officer/Special Projects Coordinator. In his or her absence, minutes shall be recorded by the Human Resource Administrative Assistant or another designated staff member.

1.12

ARKANSAS CITY HUMAN RESOURCE DIVISION

SUBJECT: Employee Council NUMBER: 1.12

EFFECTIVE DATE: 2/1/20 REVIEW: Biennially

AMENDS/SUPERSEDES:

1.12 Employee Council, January 1, 2019

APPROVED:

____________________ City Manager

EMPLOYEE COUNCIL

The City of Arkansas City values its employees as the most significant resource available to City government. It is committed to candid, open communication among City staff. An ongoing communication process is vital to a healthy, progressive and trusting attitude within the municipal organization. In order to enhance communication on an ongoing basis, the Employee Council has been established.

The Council is represented by members of several departments/divisions and is chaired by a second-year member who is selected in February by the Council’s voting membership. Specific guidelines are listed below.

Purpose and Definition The Employee Council is an advisory group whose purpose is to provide input to the City Manager and management staff regarding general employee issues, suggestions or concerns. The Council may make recommendations from time to time, suggesting improvements in City policies and procedures. The Council also serves as a sounding board for management’s ideas or concerns, and to communicate goals and plans to all employees. Additionally, the Council serves as a focus group for developing and maintaining ongoing programs for employee appreciation and recognition, including but not limited to quarterly breakfasts or luncheons, holiday-related promotions and the annual employee Christmas party.

Composition and Qualifications The Employee Council is a function of the Human Resource Division within the City Manager Department. The City Manager and Human Resource Manager facilitate the overall function of the Council, but do not vote.

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Also present at Council meetings as nonvoting members are the Public Information Officer/Special Projects Coordinator and Human Resource Administrative Assistant. In addition to these four nonvoting staff members, the Council is composed of ten (10) voting members, representing the following departments/divisions:

1. Environmental Services Department — two (2) representatives;

2. Finance Department — one (1) representative;

3. Fire-Emergency Medical Services Department — two (2) representatives;

4. Police Department — two (2) representatives;

5. Public Services Department — one (1) representative each for the Parks & Facilities Division, Sanitation Division, and Street & Stormwater Division, for a total of three (3) representatives.

At a minimum, a member of the Council must be: • A good listener. • Able to communicate well with other employees and engage in constructive dialogue. • Interested in doing what is best for the City and all of its employees. • A team player who is willing and enthusiastic to volunteer some of his or her personal

time for the benefit of the City and the Council’s activities. Membership on this Council is a privilege and an honor. Members represent their peers and coworkers in an important function of the City’s employee base. Consistent attendance and assistance with Council activities is expected. Member Selection and Terms Department/Division Heads, except the City Manager and Human Resource Manager, are ineligible for appointment to or inclusion on the Employee Council. All voting members of the Council must be employees who are not supervisors and/or do not fulfill a supervisory function. On a biannual basis, City employees will be given an opportunity to nominate two (2) non-supervisory employees from their department/division for consideration of membership on the Council to fill one of the ten (10) seats. The City Manager, or his or her designee, will determine the final membership of the Council from these nominations, based on several factors, including but not limited to diversity, broad departmental representation and blend of personnel.

1.12

Whenever possible, any new appointee from the Environmental Services, Fire-EMS, Police and Public Services departments either should be on a shift that differs from the other departmental member’s shift or an administrative employee who is not part of that department’s front-line workforce. No more than one (1) such administrative employee from each department shall serve on the Council at any given time. If a member resigns or is removed before his or her term expires, a replacement shall be selected by the City Manager from the employees previously nominated, if a suitable number remains available for consideration. Otherwise, the process shall begin anew as previously stated. Replacement members shall be appointed to finish the unexpired term of their predecessors. Terms on the Council are for two (2) years, starting in February and ending in January two (2) years later. Council members may not serve consecutive two-year (2) terms. The City Manager may make an exception, however, if a department/division is small enough that a sufficient pool of candidates does not exist without consideration of a current Council member, or if that member is the only suitable candidate for appointment to the seat that is scheduled to open. Only second-year Council members are eligible to serve as chairperson. The chairperson shall be selected by a majority of the voting members of the Council to serve a one-year (1) term from February through January of the following year. In order to provide a suitable pool of candidates for chairperson, terms on the Council shall be staggered so that no more than five (5) members shall be first-year members in any given year and so there are always at least five (5) second-year members. The following staggered rotation schedule of terms shall be in effect: • In February of odd-numbered years, new representatives shall be appointed from the

Environmental Services Department, Fire-EMS Department, Parks & Facilities Division, Police Department, and Sanitation Division.

• In February of even-numbered years, new representatives shall be appointed from the Environmental Services Department, Finance Department, Fire-EMS Department, Police Department, and Street & Stormwater Division.

Meetings The Employee Council generally meets on the first Tuesday of each month, unless there is some business that necessitates a special meeting or there is no business to be discussed that month, at which point the meeting may be canceled by the City Manager or Human Resource Manager.

1.12

To hold a meeting, a quorum of the Council must be present, which is hereby defined as a minimum of six (6) members of the Council. If only five (5) or fewer members are present at the start of the regular meeting time, the meeting is considered automatically canceled and must be rescheduled. Minutes of each meeting shall be recorded by the Public Information Officer/Special Projects Coordinator. In his or her absence, minutes shall be recorded by the Human Resource Administrative Assistant or another designated staff member.

Item for City Commission Action Section VII Items 1-3



Staff Contacts Nick Hernandez

Title: Select new Mayor and Vice Mayor for 2020, and recognize and honor the leadership and service of past mayor Jay Warren. (Voice Votes) Description: The first order of business to consider when reorganizing the City Commission will be the selection of a new Mayor. In order to ensure legislative familiarity and commission protocol, the selection of a Mayor by the Governing Body should be of a member not in the first year of his or her current term of office. Traditionally, in even-numbered years, the City Commission selects the second-highest vote-getter in the City Commission election (2017) prior to the most recent election (2019) to become the next Mayor. In 2020, that individual would be Commissioner Karen Welch, who currently is serving as Vice Mayor. Following the selection of the new Mayor, the new Mayor will take his or her chair at the center of the dais. The new Mayor’s first order of business will be to recognize outgoing Mayor Jay Warren’s leadership and contributions to the City Commission and community during his past year as Mayor. The next order of business will be to select a new Vice Mayor, who shall serve in the capacity of Mayor when the Mayor is absent or unavailable. Traditionally, in even-numbered years, the highest vote-getter in the most recent City Commission election becomes Vice Mayor after being sworn in, and then ascends to Mayor in the following year. In 2020, that individual would be Commissioner Scott Rogers. This system allows the second-highest vote-getter to become Mayor the following year and provide a bridge of stability through the next election, when up to three (3) new commissioners could be elected. (If the City Commissioners wish to continue this protocol, then the second-highest vote-getter in 2019, Kanyon Gingher, should be selected as Vice Mayor for 2021. She then would become Mayor in 2022.) All Mayoral and Vice Mayoral terms are for one year. These annual reorganization meetings will be held on the first Tuesday in January in odd-numbered years and on the second Monday in January in even-numbered years, when newly elected commissioners are sworn in (as per Charter Ordinance No. 29.) Commission Actions: 1. Select Mayor for 2020. (Voice Vote) 2. Recognize and honor leadership and service of past mayor Jay Warren. 3. Select Vice Mayor for 2020. (Voice Vote)

Approved for Agenda by:

City Manager

Item for City Commission Action Section VII Items 4-11



Staff Contact Nick Hernandez

Title: Annual reorganization of City Commission. (Each item will require a separate motion and Voice Vote.) Description:

4. Strother Field is jointly owned by the cities of Arkansas City and Winfield. It is governed by a seven-member (7) body — three (3) from each City and one (1) from the Cowley County Commission. The Governing Body will need to appoint three (3) of its members to serve on the Strother Field Commission. The City Commission’s past practice generally has been to appoint the three (3) members of the Governing Body who have been elected to four-year (4) terms and are not currently serving as Mayor. The rationale is to relieve both the member of the Governing Body who is serving a two-year (2) term and the Mayor, who has the additional duties of that office, from the additional responsibility of serving on the Strother Field Commission. The current representatives are Commissioners Duane Oestmann, Jay Warren and Karen Welch, with Commissioners Kanyon Gingher and Jim Sybrant serving as alternates.

5. The City Commission will need to designate one (1) member of the Governing Body to serve as

a representative to the Cowley County Economic Development Partnership (Cowley First). This commissioner serves as a voting member of the Cowley First executive coordinating council. The nine-member (9) coordinating council is made up of representatives selected by the City of Arkansas City, Cowley College, Cowley County, RCB Bank, the Strother Field Commission, Union State Bank and the City of Winfield. Two (2) at-large members, appointed by the other seven (7) collective members, complete the executive coordinating council. The current alternate representative is Commissioner Karen Welch, with no other alternate designated at this time.

6. The City Commission will need to appoint one (1) member of the Governing Body to serve as an ex officio member of the Arkansas City Public Library Board of Trustees. This representative has the same voting powers as the other six (6) library board members. The current representative is Commissioner Duane Oestmann, with no alternate designated at this time.

7. The City Commission will need to appoint one (1) member of the Governing Body to serve as an ex officio member of the Visit Ark City Board of Trustees. This representative has the same voting powers as the other six (6) Visit Ark City board members. The current representative is Commissioner Duane Oestmann, with no alternate currently designated at this time.

8. The City Commission will need to designate one (1) member of the Governing Body to serve as

a representative on the Traffic Safety Committee. Formed in 2017, this committee is authorized to evaluate citizen and staff suggestions for traffic safety improvements or modifications, and to make recommendations regarding those improvements and recommend authorizing traffic engineering studies or analyses needed to address problem areas. It consists of six (6) staff members, plus representatives of the Arkansas City Chamber of Commerce,

Cowley College, the Planning Commission and USD 470. The current representative is Commissioner Karen Welch.

9. The City Commission will need to designate one (1) member of the Governing Body to serve as a nonvoting ex officio representative to the Cherokee Strip Land Rush Museum Board of Directors. The current representative is Commissioner Jay Warren. (Commissioner Kanyon Gingher cannot be selected for this role because she already is a voting member of this board.)

10. It is necessary to designate an official City newspaper for the publication of various legal

notices required by Kansas statute. The current official City newspaper is the Cowley CourierTraveler.

11. It also is necessary for the Governing Body to designate official depositories for various City

funds. It has been the past practice of the City Commission to designate all eligible banks in the community as potential depositories for City funds. Currently, those include RCB Bank, Union State Bank, The Stock Exchange Bank, and Community National Bank & Trust. RCB Bank also serves as the current primary depository for banking services for the City of Arkansas City.

Commission Action: 1. Approve reorganization items with separate motions. (Voice Votes) Approved for Agenda by:

City Manager

Board Vacancies as of January 8, 2020

Board, Commission, Committee or Council Board and/or Staff Recommendations

Applications Received (or Interest Expressed)

Beautification and Tree Advisory Board — 1 Vacancy

Joi Jay

Community Spirit Award Committee — can appoint 1-2 additional members

Accepting applications

Cowley County Council on Aging ― 1 Vacancy Larry Gilmore

Equal Opportunity and Accessibility Advisory Board

Iris Turner

Northwest Community Center Advisory Board Wesley Bradford

Planning Commission (3-Mile Growth Area) ― 2 Vacancies

Paisley Howerton, Ron Slaven

Potential Upcoming Reappointments

Board/Commission/Committee/Council Member(s) / Term Expiration Date Notes

Beautification and Tree Advisory Board Jessica Taylor* / January 1, 2020 *does not wish to be reappointed

Arkansas City Public Library Board of Trustees Duane Oestmann / January 13, 2020 City Commission

representative (ex officio)

Visit Ark City Board of Trustees Duane Oestmann / January 13, 2020 City Commission representative (ex officio)

Arkansas City Public Library Board of Trustees

Mitch Reichle, Marilyn Stout* / February 1, 2020 *does not wish to be reappointed

Both eligible for second 3-year term; Reichle currently serves as board Treasurer

Building Trades Board

Mark Bartlett / February 1, 2020 Master Electrician David Billings* / February 1, 2020 *does not wish to be reappointed

Master Plumber

Brian Lawrence / February 1, 2020 Master Mechanical Randy Smith / February 1, 2020 At Large (Gen. Contractor)

Historic Preservation Board Foss Farrar, Charles Jennings / February 1, 2020

Northwest Community Center Advisory Board

Felipe Escalante, Tyler Henderson / February 1, 2020 *does not wish to be reappointed

Outstanding Student Award Committee Pam Crain, Toni Greene, Bonnie Niles / February 1, 2020

Greene is Chair; Crain, Niles completing first terms

Planning Commission / Board of Zoning Appeals

Charles Jennings, Dotty Smith, Chris Tackett / February 1, 2020

Smith is finishing Gordon Fry’s incomplete term

Item for City Commission Action Section VII Item 12



Staff Contacts Nick Hernandez / Marla McFarland

Title: Consider a Resolution approving a personal services agreement contract between the City of Arkansas City and Osenbaugh Consulting to assist with the search for a new City Manager, for an amount not to exceed $10,500.00. (Voice Vote) Description: Last month, 25 firms were contacted and asked for proposals to assist the City with its search for a new City Manager. Six (6) firms responded and three (3) were interviewed by telephone. A subcommittee consisting of City Manager Nick Hernandez, Mayor Jay Warren, Commissioner Kanyon Gingher, and Human Resources Manager Marla McFarland reviewed and evaluated all of the proposals. They have recommended contracting with Osenbaugh Consulting, consisting of Don Osenbaugh and his primary associate, John Deardorff. The attached personal services agreement outlines the terms of the proposed contract, including Osenbaugh’s and the City’s respective duties and obligations. The proposed contract also outlines contractual compensation, consisting of a base professional fee of $10,000.00, plus certain miscellaneous expenses not anticipated to exceed $500.00. If this contract is approved, Osenbaugh and Deardorff would meet with the City Commission in executive session, possibly as soon as Tuesday, January 21, 2019, to initiate the search process. Commission Options: 1. Approve the Resolution. 2. Table the Resolution for further discussion. 3. Disapprove the Resolution. Fiscal Impact:

Amount: Anticipated not to exceed $10,500.00 Fund: 01 (General) Department: 201 Expense Code: 6214 (Other Professional Services)

Included in budget Grant Bonds Other (explain) *2020 budget was finalized and approved prior to announcement of City Manager departure.


City Manager

RESOLUTION NO. 2020-01-____ A RESOLUTION APPROVING A PERSONAL SERVICES AGREEMENT CONTRACT BETWEEN THE CITY OF ARKANSAS CITY AND OSENBAUGH CONSULTING TO ASSIST WITH THE SEARCH FOR A NEW CITY MANAGER, FOR AN AMOUNT NOT TO EXCEED $10,500.00. WHEREAS, on November 19, 2019, City Manager Nick Hernandez notified the Governing Body of the City of Arkansas City, Kansas, of his intent to separate from City employment no later than May 31, 2020, to become the new City Manager of the City of Dodge City, Kansas; and WHEREAS, 25 firms were contacted in December 2019 and asked for proposals to assist the City of Arkansas City, Kansas, with its search for a new City Manager; and WHEREAS, six firms responded to this inquiry and three were interviewed by a special subcommittee, which reviewed and evaluated all of the proposals, ultimately deciding to recommend contracting with Osenbaugh Consulting; and WHEREAS, based on this subcommittee recommendation, the Governing Body of the City of Arkansas City, Kansas, now wishes to contract with Osenbaugh Consulting — consisting of Don Osenbaugh and his primary associate, John Deardorff — via a personal services agreement to assist the City of Arkansas City, Kansas, with its search for a new City Manager. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the City of Arkansas City, Kansas, to enter into a personal services agreement with Osenbaugh Consulting to assist with the search for a new City Manager, for an amount not to exceed $10,500.00. SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor of the City of Arkansas City, Kansas, to act as the City’s official representative in signing and submitting such an agreement. SECTION THREE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and/or City staff of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION FOUR: This Resolution shall be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 13th day of January, 2020. (Seal) Karen Welch, Mayor ATTEST: Lesley Shook, City Clerk

APPROVED AS TO FORM: Larry R. Schwartz, City Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2020-01-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on January 13, 2020, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

CONTRACT

CITY MANAGER SEARCH

This personal services agreement is between the City of Arkansas City, KS (“City”) and Osenbaugh Consulting (“Osenbaugh”).

Duties and Obligations of Osenbaugh

1. Osenbaugh Consulting (Don Osenbaugh and his primary associate, John Deardoff), will meet in executive session with the Arkansas City Commission, to discuss the parameters of the city manager search process. Key elements of that meeting include: timeframes and deadlines surrounding the search/selection process; desired education, experience and personal attributes of the next Arkansas City City Manager; a discussion toward analyzing/understanding the current marketplace for city administrators/managers; and, determination of an appropriate salary for the City Manager position.

2. Osenbaugh and Deardoff will compose, and then post an ad for the Arkansas City City Manager position in various online professional publications in Kansas and the surrounding region (primarily, Nebraska, Missouri, South Dakota, Iowa, Oklahoma, Arkansas and Colorado), virtually assuring that potentially-interested individuals will know of the opening.

3. During the course of the posting period, and by utilizing an expansive network of colleagues and associates, Osenbaugh and Deardoff will also reach out to individuals who could be possible candidates for the Arkansas City position.

4. Osenbaugh and Deardoff will receive, review, and organize all resumes forwarded by the City (resumes will be emailed to the HR Director). Osenbaugh, Deardoff and two other extensively-experienced ‘city manager’ associates will each independently review all resumes, and then independently rate each applicant, before ranking all applicants 1-n. Osenbaugh and Deardoff

will then team up to review/analyze the rankings and comments of the group of reviews, toward achieving a final ranking of the “top” 8-10 candidates.

5. Osenbaugh and Deardoff may conduct screening phone interviews with candidates with whom the pair is unfamiliar, or when/if any other noted questions or issues arise during course of the screening process.

6. Osenbaugh and Deardoff will meet with the City Commission to discuss the candidates, and then, at the direction of the Commission, narrow the list to a final 3-5 to be interviewed by the group. [Osenbaugh and Deardoff will notify via email all candidates not chosen to be interviewed, immediately following this meeting.]

7. Osenbaugh and Deardoff will arrange and coordinate interview dates/times, and assist City staff with needed candidate travel arrangements.

8. Osenbaugh and Deardoff will be on-site and participate in the final interviews, in an agreed-upon role.

9. At an agreed-upon point in the process, Osenbaugh and Deardoff will conduct appropriate and necessary background check of candidates(s). This may include, but also may not be limited to, contacting personal references, requiring candidates(s) to provide credit report from one or more the credit reporting agencies, conducting an internet search on candidate(s), and, if needed, doing a criminal background record check. [The timing and depth of this phase may be determined by the Commission and/or by the results of the process to that point.]

10. Osenbaugh and Deardoff will be on-site and a part of the Governing Body discussion/decision, as to which candidate an offer will be made, and the details of that offer. Ideally, this decision-making meeting will take place on the same day, and immediately following all the candidate interviews.

11. Osenbaugh and Deardoff may assist the City in the negotiation process with the chosen candidate, in a role to be determined by the City Commission.

Duties and Obligations of City

1. Approve contract with Osenbaugh.

2. Entire City Commission meets with Osenbaugh and Deardoff, as soon as possible after execution of this agreement, to discuss the process and the desirable candidate profile.

3. City pays for all costs of advertising (most of which can likely be paid directly by City)—most online ads are free.

4. Arkansas City HR Director accepts emailed-only resumes, which will be forwarded to Osenbaugh as they are received by the City. [The resumes should be kept totally confidential as this point. NO ONE in the City should read or have access to the submitted resumes.]

5. The Commission will meet with Osenbaugh and Deardoff to review the “top” candidates/resumes and decide as a group which candidates will be selected for interview.

6. The City Commission will likely spend approximately “one day” on interviewing all of the final candidates. [Typically starting in the early afternoon, and extending well into the evening.]

7. Immediately following the interviews, the Commission, meeting with Osenbaugh and Deardoff, will discuss and decide upon the candidate to whom the position offer will be made.

8. City will pay the costs associated with candidates travel to Arkansas City for the Commission interviews. Such costs could include: two-way airfare, if required; one overnight lodging; mileage reimbursement at current IRS rate and/or car rental up to two days; and reasonable travel meals. Other/unanticipated costs may be paid for only after formal City approval, and the City reserves the right to refuse any submitted bill from candidates which it deems to be inappropriate for whatever reason.

Contract Compensation

1. The City shall pay Osenbaugh a fee of $10,000 for the personal services outlined in this contract, plus certain expenses associated with travel, lodging and other minimal miscellaneous costs, such as printing. [Expenses are not expected to exceed $500.]

2. A deposit payment of one-half of the contract fee ($5,000) will be invoiced at the time of the signing of this contract.

3. The remaining half of the contract amount ($5,000) will be billed to City upon an acceptance of the position by the chosen candidate, or in the unlikely event that City is not able to make an appointment following the search/selection process.

4. Incurred Osenbaugh Consulting travel/lodging/miscellaneous expenses will also be billed to City by Osenbaugh as a part of the final invoice.

5. This contract assumes three trips to Arkansas City. Any required additional trip(s) would be billed at the rate of $1,000 per trip, plus expenses.

Attest:

____________________________ City Clerk/date

City of Arkansas City, Kansas ______________________________ Mayor [Name]/date

Osenbaugh Consulting

______________________________ Don Osenbaugh/date

Item for City Commission Action Section VII Item 13



Staff Contact Marla McFarland

Title: Consider a Resolution amending the City of Arkansas City Cafeteria Plan. (Voice Vote) Description: Staff has recommended that the City of Arkansas City Cafeteria Plan be amended, effective January 1, 2020, to reflect the change in the way premiums are paid from a pre-tax to an after-tax basis for the cancer, accident, critical illness and heart/stroke benefits that are offered through American Heritage. Commission Options: 1. Approve the Resolution. 2. Table the Resolution for further discussion. 3. Disapprove the Resolution. Fiscal Impact:

Amount: Approximately $800.00 annually Fund: Various Department: Various Expense Code: 5103 (Social Security/Medicare Taxes)

Included in budget Grant Bonds Other (explain) Approved for Agenda by:

City Manager

RESOLUTION NO. 2020-01-____

A RESOLUTION AMENDING THE CITY OF ARKANSAS CITY CAFETERIA PLAN. WHEREAS, the City Manager of the City of Arkansas City, Kansas, has recommended that the City of Arkansas City Cafeteria Plan (hereafter referred to as the “Plan”) be amended, effective January 1, 2020, to reflect the change in the way premiums are paid from pre-tax to after-tax for the cancer, accident, critical illness and heart/stroke benefits that are offered to City employees through American Heritage; and WHEREAS, the City Manager has advised that the amendment to the Plan may be made by replacement pages, with the amended pages 2.2, 2.3, 2.4, 3.2, 4.1, 4.2, 5.1, 6.1, 6.2, and Appendices C, D, F and G, dated November 2019, being substituted for the corresponding pages currently within the Plan and that this reflects the Plan as it existed on January 1, 2020; and WHEREAS, having had the opportunity to review the same, the Governing Body of the City of Arkansas City, Kansas, deems it to be in the best interests of the City of Arkansas City, Kansas, to approve the amendment of the Plan as proposed and agrees that the City of Arkansas City, Kansas, could make the necessary amendment by replacing certain pages of the plan document. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes that, effective January 1, 2020, the amendments to the Plan shall be, and hereby are, adopted, and that the amended pages 2.2, 2.3, 2.4, 3.2, 4.1, 4.2, 5.1, 6.1, 6.2, and Appendices C, D, F and G, dated November 2019, of the Plan shall be substituted for 2.2, 2.3, 2.4, 3.2, 4.1, 4.2, 5.1, 6.1, and Appendices C, D, F and G of the current document; a copy of the amended pages shall be attached to and made a part of this Resolution; and a copy of the pages being replaced shall be retained as part of the permanent records of the City of Arkansas City, Kansas. SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes City staff of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution shall be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 13th day of January, 2020. (Seal) Karen Welch, Mayor ATTEST: Lesley Shook, City Clerk

APPROVED AS TO FORM: Larry R. Schwartz, City Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2020-01-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on January 13, 2020, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

v. M2.0 2.2 11/19

Section 2.10 “Effective Date” means the original date on which this Plan took effect, which date is January 1, 2000; provided, however, that if this Plan is subsequently amended, such new or amended provisions shall be effective on such later date as shall be determined by the Employer. Section 2.11 “Election Change Event” means an event which would allow a Participant to change the Participant’s elections during a Plan Year, subject to the requirements of Article V and as set forth in more detail in Sections 5.06 through 5.14. Section 2.12 “Eligible Employee” “Eligible Employee” means an individual who is actively employed by the Employer in a regularly scheduled work week ordinarily equaling or exceeding thirty (30) hours per week, subject to the following:

(a) Special Rules:

(i) Seasonal Employees. Seasonal Employees are not Eligible Employees under this Plan;

(ii) Status During Leaves of Absence. An Employee’s status as an Eligible Employee shall be deemed to continue during any paid leave of absence approved by the Employer; during an unpaid leave of absence not to exceed six (6) months, provided as the Employee is paying the entire premium or, if the FMLA is applicable to the Employer, during a leave of absence taken pursuant to the FMLA;

(iii) All Disability Leave. Whether treated as unpaid or paid (i.e., taxable or

non-taxable compensation) – all disability leave shall be treated as “unpaid leave” for purposes of plan eligibility. However, nothing in this subsection shall preclude a Participant on FMLA leave from maintaining eligibility during such FMLA leave;

(iv) Status During Military Service. An Employee ceases to be an Eligible

Employee during the period of time such Employee enters active service in the armed forces of any country, except for temporary active service of two (2) weeks or less; and

(v) Medical and/or Dental Plans. An Eligible Employee who is participating in the

Medical and/or Dental Plans and who terminates employment with the Employer before the end of the month will continue to participate in this Plan for purposes of participating in the Medical and/or Dental Plans on a pre-tax basis through the end of the month in which the termination occurs.

(b) The following shall not be an Eligible Employee: any individual who is, with respect

to the Employer, (i) a self-employed individual, or (ii) a more-than-two percent (2%) shareholder of an S corporation under Section 1372(b) of the Code; provided, however, that any individual encompassed by this Subsection (b) shall be an Eligible

v. M2.0 2.3 11/19

Employee only for purposes of participating in an underlying After-Tax Benefit, an Employer-Paid Benefit, or on an after-tax basis in an underlying Pre-Tax Benefit.

Note: The Pre-Tax Benefit Plans, After-Tax Benefit Plans, and Employer-Paid Benefit Plans may have additional eligibility requirements. Such additional requirements, if any, are set forth separately in this Plan document.

Section 2.13 “Employee” means an individual employed by the Employer, excluding those persons covered by a collective bargaining agreement and further excluding those persons classified by the Employer on its payroll records as “leased employees” as that term is used in Section 414(n) of the Code. Section 2.14 “Employer” means City of Arkansas City.

Section 2.15 “Employer-Paid Benefit” means the City of Arkansas City Group Life Plan (“Group Life Plan”).

Section 2.16 “FMLA” means the Family and Medical Leave Act of 1993, as amended from time to time. Section 2.17 “Group Health Plan” means, for purposes of the HIPAA, COBRA, and FMLA provisions in Articles III, V, VII, and VIII, a Pre-Tax Benefit Plan, an After-Tax Benefit Plan or an Employer-Paid Benefit Plan that provides health care to the Participants in the Plan and their beneficiaries. The term includes the following benefits:

(a) City of Arkansas City Medical Plan (“Medical Plan”);

(b) City of Arkansas City Dental Plan (“Dental Plan”);

(c) City of Arkansas City Health Flexible Spending Account (“Health FSA”); and (d) City of Arkansas City Vision Hardware Plan (“Vision Hardware Plan”).

Section 2.18 “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as amended from time to time. Section 2.19 “Participant” means an Eligible Employee who has entered the Plan pursuant to Section 3.01 and whose participation in the Plan has not been terminated pursuant to Section 3.02.

Section 2.20 “Plan” means the City of Arkansas City Cafeteria Plan.

Section 2.21 “Plan Administrator” means the Employer. The Employer may designate from time to time one or more individuals or other persons to carry out various administrative and other duties with respect to this Plan in a manner consistent with the terms of this Plan.

v. M2.0 2.4 11/19

Section 2.22 “Plan Year” means the fiscal year of this Plan, the twelve (12) consecutive month period beginning every January 1 and ending the subsequent December 31. Section 2.23 “Pre-Tax Benefits” means one or more of the following:

(a) City of Arkansas City Medical Plan;

(b) City of Arkansas City Dental Plan; (c) City of Arkansas City Health Flexible Spending Account;

(d) City of Arkansas City Dependent Care Assistance Plan (“DCAP”); and (e) City of Arkansas City Vision Hardware Plan. Section 2.24 “Spouse” means a person of the same or opposite sex to whom an Eligible

Employee is legally married under the laws of the jurisdiction in which the marriage was entered into (as such laws existed at the time of marriage), regardless of whether the marriage would be recognized by the jurisdiction in which the couple currently resides. A common law marriage shall be considered to be a legal marriage if the common law marriage was validly entered into in a state that recognizes common law marriage. The Plan Administrator shall have the authority to determine whether a person is a Spouse, including the authority to request such documents as may be necessary, in its discretion, to establish the existence of a legal marriage (including the existence of a common law marriage). An individual will not be considered a “Spouse” for purposes of this Plan if (a) his/her marriage to the Eligible Employee has been terminated by a court having jurisdiction over one (1) or both parties to the marriage or (b) either party to the marriage is also lawfully married to another (third) person under the laws recognized by any state.

Section 2.25 “USERRA” means the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended from time to time.

[The remainder of this page is intentionally left blank.]

v. M2.0 3.2 11/19

his/her coverage). If the Participant is a participant in the Health FSA, additional rules may apply to the Participant’s coverage under the Health FSA as set forth in the Appendix for the Health FSA.

(b) Options for Payment of Participant’s Share of the Premium. If the Participant opts to

continue his/her coverage, the Participant may pay his/her share of the premium in one or more of the following ways:

(i) The Participant may pay his/her share of the premiums with after-tax

dollars while on leave (or with pre-tax dollars to the extent the Employee receives Compensation during the leave).

(ii) The Participant may pay his/her share of the premium pursuant to such

other arrangement as may be agreed upon between the Participant and the Plan Administrator.

(c) Return from FMLA Leave. If the Participant’s coverage ceases while the

Participant is on FMLA leave, the Participant will be permitted to reenter the Plan immediately upon his/her return from FMLA leave on the same basis that the Participant was participating in the Plan prior to his/her leave, or as otherwise required by the FMLA.

(d) Failure to Pay Premiums While on FMLA Leave. If the Participant fails to remit

his/her premium payments within thirty (30) days after the premium payment is due, then the Employer – following any requisite notice mandated by FMLA regulations – may terminate the Participant’s coverage retroactive to the date the unpaid premium payment was due.


v. M2.0 4.1 11/19

ARTICLE IV PLAN BENEFITS

Section 4.01 Pre-Tax Benefits. Each Participant may elect to reduce his or her Compensation and have the amount applied by the Employer toward the cost of benefits available under one or more of the Pre-Tax Benefits under this Plan. For those benefits that are provided through a policy of insurance, the monthly premiums are determined by the applicable insurance company and may change from time to time.

(a) Terms and Conditions of the Pre-Tax Benefits. The terms and conditions of the Pre-Tax Benefits are as follows:

(i) Medical Plan. Participants may elect to receive medical coverage through

the Medical Plan. The terms and conditions of this Pre-Tax Benefit are set forth in Appendix A.

(ii) Dental Plan. Participants may elect to receive dental coverage through the

Dental Plan. The terms and conditions of this Pre-Tax Benefit are set forth in Appendix B.

(iii) Health Flexible Spending Account. Participants may elect to make

contributions to the Health FSA. A Health FSA enables Participants to elect pre-tax salary reduction and receive reimbursements for their unreimbursed Qualified Medical Expenses incurred during a Plan Year. The Employer intends that this benefit qualify under Section 105(h) of the Code so that the Employer’s reimbursements from the Health FSA are excludable from the Participant’s gross income. The terms and conditions of this Pre-Tax Benefit are set forth in Appendix C.

(iv) Dependent Care Assistance Plan. Participants may elect to make

contributions to the DCAP. A DCAP enables Participants to elect pre-tax salary reduction and receive reimbursements for their Qualified Dependent Care Expenses incurred during a Plan Year. The Employer intends that this benefit qualify under Section 129 of the Code so that the Employer’s reimbursements from the DCAP are excludable from the Participant’s gross income. The terms and conditions of this Pre-Tax Benefit are set forth in Appendix D.

(v) Vision Hardware Plan. Participants may elect to receive vision coverage

through the Vision Hardware Plan. The terms and conditions of this Pre-Tax Benefit are set forth in Appendix H.

(b) Election of Pre-Tax Benefits. The election of a Pre-Tax Benefit is subject to the

terms and conditions of Article V.

v. M2.0 4.2 11/19

(c) Cessation of Participation in a Pre-Tax Benefit. Except as otherwise expressly provided in the Pre-Tax Benefit, a Participant will cease to be a participant in the Pre-Tax Benefit on the date that he or she ceases to be a Participant in this Plan.

Section 4.02 After-Tax Benefits. Each Participant may elect to have the cost of one or more of the After-Tax Benefits deducted from his or her Compensation on an after-tax basis. The monthly premiums for insurance coverage are determined by the applicable insurance company and may change from time to time.

(a) Terms and Conditions of the After-Tax Benefit. Participants may elect to receive short-term disability coverage, cancer coverage, accident coverage, critical illness coverage, and/or heart/stroke coverage through individual policies under the American Heritage After-Tax Plan. The terms and conditions of the American Heritage After-Tax Plan are provided in Appendix G.

(b) Election of After-Tax Benefits. A Participant may make and/or change his or her

elections with respect to an After-Tax Benefit at any time in accordance with the rules and procedures established by the Plan Administrator. Any such election change shall take effect on the earliest administratively practicable date after the request to change an after-tax election is received by the Plan Administrator.

Section 4.03 Employer-Paid Benefits. In addition to the benefits set forth in Sections 4.01 and 4.02, the Employer may choose to provide selected benefits to its Eligible Employees. Except as otherwise expressly provided in the Employer-Paid Benefit below, a Participant will cease to be a participant in such Employer-Paid Benefit on the date that he or she ceases to be a Participant in this Plan. The Group Life Plan is an Employer-Paid Benefit. The terms and conditions of the Group Life Plan are provided in Appendix E.


v. M2.0 5.1 11/19

ARTICLE V ELECTION OF PRE-TAX BENEFITS

Section 5.01 Benefit Plans. Each Participant may elect to receive the Participant’s entire Compensation in cash or to reduce the Participant’s Compensation and have the Employer apply the amount by which the Participant’s Compensation is reduced toward the cost of benefits that are available on a pre-tax basis under this Plan. Section 5.02 Method of Making an Election. In order to purchase a Pre-Tax Benefit through this Plan, a Participant must execute an agreement to reduce his/her Compensation on the salary reduction form provided by the Plan Administrator. The Plan Administrator may require such agreement to be completed and submitted in electronic form through the use of the Internet, an Intranet, a telephone system, or such other system as the Plan Administrator may prescribe. Section 5.03 Timing of Elections.

(a) Initial Elections for Newly Eligible Employees. To make an election to purchase Pre-Tax Benefits through this Plan, a newly Eligible Employee must execute a salary reduction form and deliver it to the Plan Administrator prior to or on the date he/she becomes a Participant in this Plan. The election will be given effect as of the earliest administratively practicable date on or next following the date on which the Eligible Employee delivers the salary reduction form to the Plan Administrator, provided that no such election may take effect prior to the date the Participant becomes a Participant in this Plan.

(b) Annual Elections for Current Participants. At least thirty (30) days prior to the

beginning of each Plan Year, the Plan Administrator must provide each Participant with the opportunity to make elections for the following Plan Year. Participants desiring to make elections during the Annual Enrollment Period for the next Plan Year must do so in the manner and within the deadlines prescribed by the Plan Administrator. Elections made during the Annual Enrollment Period shall become effective for the following Plan Year.

(c) Election Changes during a Plan Year. A Participant may change his/her

elections with respect to a Pre-Tax Benefit during a Plan Year only if an election change is permitted as a result of one or more of the events listed in Sections 5.06 through 5.14. Such events may be referred to generally in Plan documents as an “Election Change Event.” Except as otherwise provided in this Article V, any election change as a result of an event qualifying as an Election Change Event must be made no later than thirty (30) days after the event. Election changes made as a result of an Election Change Event may not be given retroactive effect except as specifically set forth below. Additional restrictions and/or rules may apply to election changes made during a Plan Year with respect to a Health FSA and/or a DCAP.

v. M2.0 6.1 11/19

ARTICLE VI PLAN ADMINISTRATION

Section 6.01 Plan Administrator. The administration of this Plan shall be under the supervision of the Plan Administrator. The Plan Administrator shall have the responsibility of ensuring that this Plan is carried out, in accordance with its terms, for the exclusive benefit of the persons entitled to participate in this Plan. Section 6.02 Powers of the Plan Administrator. The Plan Administrator shall have such powers and duties as it considers necessary or appropriate to discharge its duties under this Plan. The powers of the Plan Administrator shall include, but are not limited to, the following:

(a) Establish rules and procedures for the purpose of administration of this Plan;

(b) Require each Participant to supply such information and sign such documents as may be necessary to administer this Plan. In the case of Participant elections, election changes, and other information supplied by the Participant, this power includes requiring elections, election changes, and other information to be submitted using electronic media, subject to and to the extent permitted under applicable IRS regulations;

(c) Communicate with Participants through electronic media, subject to and to the

extent permitted under applicable IRS regulations;

(d) Interpret, construe and carry out the provisions of this Plan and render decisions on the administration of this Plan, including factual and legal determinations as to whether any individual is eligible to be enrolled in and/or receive any benefit under the terms of this Plan;

(e) Appoint such agents, attorneys, accountants, consultants, Claims Administrators

and any other persons as may be needed for proper administration of this Plan; and

(f) Take such corrective action as it might consider appropriate in the event that an

error in administering this Plan has taken place. For example, if there is a failure to deduct the correct amount of a Participant’s election, in such an event, the Plan Administrator has the authority to deduct an overpayment from future compensation payable to the Participant and/or otherwise recover the amount that is owed.

In exercising these powers, the Plan Administrator shall act in its sole discretion, giving due regard for the reason and purpose for which this Plan is established and maintained. Any construction of the terms of any plan document and any determination of fact adopted by the Plan Administrator shall be final and legally binding on all parties.

v. M2.0 6.2 11/19

The Plan Administrator shall have no power to waive, alter or fail to apply the terms of this Plan. Section 6.03 Plan Must Be Nondiscriminatory. The Plan Administrator shall administer this Plan in a nondiscriminatory manner so all persons similarly situated will receive substantially similar treatment.


v. M2.0 C-1 11/19

APPENDIX C HEALTH FLEXIBLE SPENDING ACCOUNT

This Appendix C contains the terms and conditions specific to the City of Arkansas City Health Flexible Spending Account benefit that may be elected under Section 4.01 of the Plan. Under this benefit, a Participant may be reimbursed, on a pre-tax basis, for Qualified Medical Expenses incurred during a Plan Year. Unless otherwise altered by the terms of this Appendix C, the terms and conditions of the Plan are incorporated into and made applicable to the Health FSA.

ARTICLE C-I PARTICIPATION IN THE HEALTH FLEXIBLE SPENDING ACCOUNT

Section C1.01 Eligibility/Plan Entry Dates. The eligibility conditions are the same as those for the Dental Plan, however; the entry date is January 1 following the date of hire. Section C1.02 Election to Participate. To become a Participant in this Health FSA, an Eligible Employee must make an election under the Plan to participate in this Health FSA. Such an election must be made pursuant to the terms and provisions of the Plan. Section C1.03 Effective Date of Election. An election to participate in this Health FSA shall take effect as follows: (a) If an Eligible Employee’s election was made during the Annual Enrollment

Period under the Plan, the election shall take effect as of the first day of the next Plan Year;

(b) If the Eligible Employee’s election was timely made prior to the first day of

the next Plan Year, the Eligible Employee’s election shall take effect as of the first day of the next Plan Year; or

(c) If the Eligible Employee’s election was made within thirty (30) days after an

event that would allow an election change to be made under the terms of the Plan, the election shall take effect as of the first day of the month on or after the date that the completed election form is received by the Plan Administrator; provided, however, that this Section C1.03(c) shall apply if and only if the Eligible Employee had not previously been a Participant in this Health FSA at any time during the Plan Year.

Section C1.04 Election Changes. Once an Eligible Employee has become a Participant in this Health FSA, he/she may make an election change after the beginning of a Plan Year in accordance with, and as permitted by, Article V. Section C1.05 FMLA Leave. A Participant who is taking or returning from FMLA leave shall have the following options with respect to his/her participation in this Health FSA:

v. M2.0 C-2 11/19

(a) Taking FMLA Leave. Upon commencement of FMLA leave, a Participant may continue his/her coverage under this Health FSA by continuing to pay the applicable premium during the period of the FMLA leave or by making such other arrangements as may be permitted under the provisions of the Plan. Alternatively, upon commencement of FMLA leave, a Participant may revoke his/her participation in this Health FSA, in which event the Participant will no longer be covered under this Health FSA as of the date that his/her FMLA leave commenced.

(b) Returning from FMLA Leave. If a Participant’s participation in this Health FSA

was terminated when the Participant began his/her FMLA leave, the former Participant may, upon returning to work from an FMLA leave, elect to resume his/her participation in this Health FSA as of the date that he/she returns to work.

(i) Such a Participant may elect to resume coverage at the prior coverage

level, in which event the Participant will be required to make up the premiums that would have been due during the period the Participant was on FMLA leave.

(ii) In lieu of making up the missed premiums, such a Participant may

instead choose to resume coverage at a reduced level. In such an event, the Participant’s coverage for the Plan Year shall be reduced on a pro rata basis by the portion of the Plan Year that the Participant was absent from work due to his/her FMLA leave.

ARTICLE C-II MEDICAL REIMBURSEMENT Section C2.01 Definition of a Dependent. The term “Dependent,” for purposes of participation in this Health FSA, means the following:

(a) Children Through Age Twenty-Six (26). The Participant’s natural child, lawfully

adopted child (including a child placed with the Participant for adoption but for whom the adoption is not yet final), stepchild, or other child for whom the Participant has obtained legal guardianship pursuant to a court order, until such child attains age twenty-six (26) (or until such child attains age eighteen (18) in the case of a legal guardianship). Children placed with a Participant for adoption and Children who are the subject of a Qualified Medical Child Support Order will also be considered Dependents.

(b) Disabled Children Above Age Twenty-Six (26). The Participant’s natural child,

lawfully adopted child (including a child placed with the Participant for adoption but for whom the adoption is not yet final), stepchild, or other child for whom the Participant has obtained legal guardianship pursuant to a court order, who is unmarried and incapable of self-sustaining employment by reason of mental

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retardation or physical disability and for whom the Participant is the major source of financial support, from the end of the calendar month in which the Child attains age twenty-six (26).

(c) Non-Children Dependents. Any relatives of the Participant who reside in the

Participant’s home, are claimed by the Participant as a tax dependent, and meet the definition of a tax dependent under Code § 152. This includes “any qualifying relative within the meaning of Code § 152(a)(2), without regard to subsections (b)(1), (b)(2) or (d)(1)(B).”

Section C2.02 Qualified Medical Expense. The term “Qualified Medical Expense” means an expense incurred by the Participant, or by the Spouse or dependent (as defined in Code § 105(b), except that non-disabled children may only be covered through the end of the month in which he/she turns age 26) of a Participant, for medical care as defined in Code § 213(d). The term includes, but is not limited to, amounts paid for hospital bills, doctor and dental bills or prescription medicine and drugs, but does not include reimbursement paid for other health coverage for other plans maintained by the Employer or reimbursement for over-the-counter drugs or medicine (other than insulin) that are not purchased pursuant to a prescription. Section C2.03 Grace Period. For purposes of reimbursements under this Health FSA, Grace Period means the period that begins immediately following the close of a Plan Year and ends on the March 15 immediately following the close of the Plan Year. Section C2.04 Run-Out Period. The Run-Out Period means the period following the end of the Plan Year during which the prior Plan Year Claims may be submitted to the Employer for reimbursement. The Run-Out Period under this Health FSA ends on March 31. Section C2.05 Reimbursement. (a) General Rule. The Employer will reimburse the Participant in the Plan Year for

Qualified Medical Expenses incurred by the Participant during the Plan Year subject to the other limitations of this Health FSA.

(b) Special Grace Period Rule. A Participant may also be reimbursed for Qualified

Medical Expenses incurred during the Grace Period from amounts remaining in his/her account at the end of the Plan Year to which that Grace Period relates if he/she is either:

(i) A Participant with Health FSA coverage that is in effect on the last day of

that Plan Year; or

(ii) A Qualified Beneficiary (as defined under COBRA) who has COBRA coverage under the Health FSA on the last day of the Plan Year.

Unless specifically requested otherwise by a Participant, reimbursements during the

Grace Period will be made according to the order in which the request for reimbursement is received. Reimbursements will be made from the immediately

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preceding Plan Year’s account until there is no amount remaining in such account and then from the current Plan Year’s account.

(c) Electronic Payments. If the Employer permits the use of an electronic payment card,

such as a debit card, such card may be used to pay for Qualified Medical Expenses at merchants and service providers which are authorized by the Employer.

The Employer will not make any reimbursement to a Participant if the Participant receives reimbursement for the expense through insurance or under any other means. The Employer will only reimburse for Qualified Medical Expenses incurred while the employee participates in the Health FSA. An expense is incurred when the Participant is provided with the medical care that gives rise to the Qualified Medical Expenses, and not when the Participant is formally billed or charged for, or pays for the medical care. Section C2.06 Reimbursable Qualified Medical Expenses. The following expenses constitute Qualified Medical Expenses, as defined in C2.02, that may be reimbursed under this Health FSA: (a) Deductibles and copayment amounts the Participant pays under his or her medical

and/or dental and/or vision care coverage; (b) Medical and/or dental and/or vision care expenses in excess of usual, reasonable

and customary rates; and

(c) Any Code § 213(d) medical, dental, or vision care expenses not reimbursed by insurance; provided, however, over-the-counter drugs or medicine (other than insulin) that are not purchased pursuant to a prescription are not eligible for reimbursement as Qualified Medical Expenses.

The Plan Administrator has discretion to construe and apply what may be reimbursable

under this Plan in accordance with such final or informal guidance as the IRS might provide.

Section C2.07 Maximum Amount of Reimbursement. The maximum amount of reimbursement for any Plan Year is the dollar amount that the Participant elected to contribute to his/her Health FSA for that Plan Year. The Employer will reimburse the Participant throughout the coverage period for Qualified Medical Expenses up to the maximum amount of reimbursement, as set forth in this Section, without regard to the actual amount that the Participant has contributed to his/her Health FSA as of the date a claim for reimbursement was submitted.

(a) Limit on Amounts Elected by the Participant. The dollar amount elected by the

Participant may not exceed the dollar limit established by the Employer for that Plan Year.

(b) Dollar Limit Established by the Employer. The dollar limit established by the

Employer for a Plan Year will be equal to the dollar limit set forth in the Code (as indexed annually for cost-of-living adjustments by the IRS); provided,

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however, that the Employer may elect to establish a lower dollar limit for a Plan Year.

(c) Communication to Eligible Employees. The dollar limit established by the

Employer for a Plan Year must be communicated by the Plan Administrator to Eligible Employees in the enrollment materials for the Health FSA.

(d) Special Grace Period Rule. A Qualified Medical Expense incurred during the Grace Period may be reimbursed from unused amounts remaining in a Participant’s Health FSA account from the previous Plan Year, provided that the Claim is submitted within the Run-Out Period. All Qualified Medical Expenses incurred during the Grace Period must be submitted in paper form and not through the use of an electronic payment card, such as a debit card.

Section C2.08 Withholding - Accounting. The Employer will establish and maintain a Health FSA for each Participant who has elected to receive the Health FSA benefit under this Health FSA. The Employer will credit to the Participant’s Health FSA an amount of the Participant’s Compensation which he or she elects to reduce. The amounts credited to the Participant’s Health FSA are the property of the Employer until the Employer actually makes reimbursement to the Participant. The Employer will debit a Participant’s Health FSA for the amount of the reimbursement made for the Participant. A Participant’s Health FSA will never exceed the dollar amount specified in Section C2.07 above of this Health FSA.

Section C2.09 Year End Accounting - Forfeitures. The Employer will use the amount credited to a Participant’s Health FSA for any Plan Year to reimburse the Participant for Qualified Medical Expenses. If any balance remains in the Participant’s Health FSA for any Plan Year after the Employer has made the reimbursements for the Plan Year, the Participant will forfeit the unused amount. Within a given Plan Year, if the total forfeitures from all Participants exceed the total reimbursement amount, then the Health FSA will have a surplus. The amount of the surplus, if any, will be determined after the later of the end of the Grace Period defined in C2.03 or the end of the Claims Run-Out Period, defined in C2.04, and after all pending claims have been processed. Any surplus will be used to offset reasonable administrative costs. Any excess still remaining after such costs are paid will be used to reduce the required premiums under the Health FSA for all Employees participating in the Health FSA in the Plan Year following the Year in which the surplus was created. Participants for this purpose will be determined on the date of the first payroll following the date on which the amount of surplus has been determined. Section C2.10 Termination of Health FSA by the Employer - Forfeitures. If the Health FSA is terminated by the Employer either before or at the end of the Plan Year and the total contributions from all Participants exceed the total Health FSA reimbursements , then the Employer will use the surplus to offset reasonable administrative costs. Any surplus remaining after reasonable administrative costs have been paid shall be distributed per capita to all Participants who participated in the Health FSA in the year in which the surplus was gained. In no case will the surplus be allocated to a Participant based directly or indirectly on his or her Claims experience. The administrative costs will not be offset and

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the surplus, if any, will not be distributed until the Claims Run-Out period has expired and all pending claims have been processed. Section C2.11 Recoupment of Underwithheld Amounts. In the event that the amount withheld from a Participant's salary for his/her Health FSA contribution is less than the amount that should have been withheld pursuant to the Participant's election, whether by fault of the Participant or the Employer, the Employer shall seek recoupment of the amount of the insufficient withholding. Section C2.12 Minimum Election Amount. The dollar amount elected by the Participant may not be less than the dollar amount established by the Employer for that Plan Year.

ARTICLE C-III

CLAIMS PROCEDURE Section C3.01 Submission of Claims. A Participant desiring to be reimbursed for medical expenses must apply for reimbursement by completing the application form provided by the Claims Administrator. A Participant may also access his or her Health FSA through the use of an electronic payment card, provided that the Claim is properly adjudicated, as set forth in Section C3.03. Subject to Section C3.01 of this Plan, a Participant must submit the application for reimbursement for expenses incurred during a Plan Year before the end of the Run-Out Period, defined in Section C2.03. The Claims Administrator may require the Participant to provide such information as may reasonably be required to process the Claims, including, but not limited to, the following: (a) The amount, date incurred and nature of each expense;

(b) The name of the person, organization or entity with whom the expense was incurred;

(c) The name of the person for whom the expense was incurred; (d) The amount (if any) recovered under any insurance arrangement or other

plan, with respect to the expense; and (e) A statement that the expense (or portion thereof for which reimbursement is

sought under the Plan) has not been reimbursed and is not reimbursable under any other health plan coverage.

Such application shall be accompanied by a written statement from an independent third party, stating that the expense has been incurred and the amount of the expense, and by such other bills, invoices, receipts or other statements or documents that the Claims Administrator may request. Such application may be made before or after the Participant has paid such expense, but not before the Participant has incurred such expense. Section C3.02 Claims Administration. Surency Life and Health will act as Claims Administrator with respect to any claim for benefits under this Health FSA. Surency Life

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and Health has been delegated full discretionary authority to make all determinations regarding the administration and payment of such benefit claims. Section C3.03 Electronic Payment Card Reimbursements. If the funds in a Health FSA are accessible by electronic debit card a Participant must comply with the substantiation and correction procedures in accordance with Rev. Rul. 2003-43 and other IRS guidance. A debit card that is presented as payment for a medical expense and denied at the point-of-sale (i.e., when the service or item is provided) does not constitute an initial Claim denial under these procedures. Section C3.04 Limitation on Reimbursements With Respect to Certain Participants. Notwithstanding any other provision of this Health FSA, the Plan Administrator may limit the amounts reimbursed with respect to any Participant who is a highly compensated individual (within the meaning of Code §105(h)(5) or §125(e)) to the extent the Claims Administrator deems such limitation to be advisable to assure compliance with any nondiscrimination provision of the Code. Such limitation may be imposed whether or not it results in a forfeiture under Section C2.08 of this Health FSA. Section C3.05 Time Frame for Deciding Claims. If any Claim for benefits under this Health FSA is denied, in whole or in part, then the Claims Administrator shall promptly furnish to the Claimant, within thirty (30) days of receipt of the Claim, written notice: (a) Setting forth the reason for the denial; (b) Making reference to pertinent Health FSA provisions upon which the denial is

based; (c) Describing any additional material or information from the Claimant which is

necessary and why; (d) Referencing any internal rule, guideline, or protocol, or similar criterion relied upon

in making the adverse determination (if applicable); and (e) Explaining the Claim review procedure set forth herein, including applicable time

limits and a statement of the Claimant’s right to bring a civil action under ERISA § 502(a) following an adverse determination upon review.

Section C3.06 Extension of Time Frame for Deciding Claims. The Claims Administrator may seek one (1) extension of up to fifteen (15) days in order to make the benefit determination. The extension must be sought due to matters beyond the control of the Plan and the Claimant must be notified of the extension prior to the expiration of the initial thirty (30) day period. If the extension is due to the failure of the Claimant to submit information necessary to decide the Claim, the notice of extension shall specifically describe the required information and the Claimant shall have at least forty-five (45) days from receipt of the notice to provide the specified information. The period for making the benefit determination shall be tolled from the time the notification of extension is sent until the date on which the Claimant responds to the request for information.

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Section C3.07 Appealing a Claim Denial. Any Claimant seeking review hereunder has one hundred and eighty (180) days to submit the Appeal. The Claimant may, upon request and free of charge, examine all pertinent documents and may submit issues and comments in writing. Section C3.08 Time Frame for Deciding Appeal. The Plan Administrator shall render a decision on review no later than sixty (60) days after receipt of the request for review hereunder. Section C3.09 Decision on Appeal. In conducting the review, no deference shall be given to the initial adverse determination, and a plan fiduciary, other than the one who originally decided the Claim (or the person’s subordinate), shall make the determination upon Appeal. The decision on review shall be in writing. If the Claim is once again denied, in whole or in part, then the notification shall (a) state the reason for the decision, (b) refer to the Health FSA provisions upon which it is based, (c) state that the Claimant is entitled to receive (upon request and free of charge) reasonable access to, and copies of, all relevant information, and (d) describe any voluntary Appeals procedures.

ARTICLE C-IV

TERMINATION OF PARTICIPATION IN THE HEALTH FLEXIBLE SPENDING ACCOUNT AND

CONTINUATION OF COVERAGE Section C4.01 Termination of Participation. (a) General Rule. A Participant will cease participation in this Health FSA on the

earlier of the following dates: (i) The date on which this Health FSA terminates; or (ii) The date on which the Participant ceases to be an Eligible Employee. (b) Effect of Ceasing to be a Participant. If a Participant ceases to be a Participant in

this Health FSA for any reason, the Participant’s election to receive reimbursements for Qualified Medical Expenses terminates on that date. The Participant may only receive reimbursement for Qualified Medical Expenses incurred within the same Plan Year and prior to the first day after the day the Participant terminates participation in this Health FSA.

(c) Continuation Coverage. Notwithstanding anything in this section to the

contrary, an individual who would normally be required to terminate participation may continue to be a Participant in this Health FSA if and to the extent such an individual elects continuation of benefits under the rules in Section C4.02 below.

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(d) Reimbursement. If a Participant ceases participation under this Health FSA, the Participant must apply for reimbursement in accordance with Article C-III by February 28th following the end of the Plan Year.

(e) Electronic Payment Card. A Participant will not be authorized to continue use of

an electronic payment card, such as a debit card, to access funds in his or her Health FSA, effective the date of his or her termination from employment. Any claim submitted following a Participant’s termination must be submitted in paper form.

Section C4.02 Continuation of Coverage. A Participant who will lose coverage under this Health FSA may have the right to continue coverage under this Health FSA if permitted under the terms and conditions of Article VIII except that (a) COBRA continuation coverage will not be offered if the Participant has overspent his or her account and (b) the maximum period of COBRA coverage described in Section 8.01(e) is limited to the remainder of the Plan Year. Section C4.03 Limits on Continuation Coverage. Reimbursements under Section C4.02 above shall be made for expenses incurred in any Plan Year only if the Participant applies for such reimbursement in accordance with Article C-III within the Run-Out Period following the close of the Plan Year. In the event of the Participant’s death, the Participant’s Spouse (or, if none, the Participant’s executor or administrator) may apply on the Participant’s behalf for reimbursements pursuant to Article C-III above. No reimbursement shall exceed the remaining balance, if any, in the Participant’s health flexible spending account for the Plan Year in which the expenses were incurred.


v. M2.0 D-1 11/19

APPENDIX D DEPENDENT CARE ASSISTANCE PLAN

This Appendix D contains the terms and conditions specific to the City of Arkansas City Dependent Care Assistance Plan that may be elected under Section 4.01 of the Plan. Under this DCAP, a Participant may be reimbursed, on a pre-tax basis, for Qualified Dependent Care Expenses incurred during a Plan Year. Unless otherwise altered by the terms of this Appendix D, the terms and conditions of the Plan are incorporated into and made applicable to this DCAP.

ARTICLE D-I

PARTICIPATION IN THE DEPENDENT CARE PLAN Section D1.01 Eligibility/Plan Entry Dates. The eligibility conditions are the same as those for the Dental Plan, however; the entry date is January 1 following the date of hire. Section D1.02 Election to Participate. To become a Participant in this DCAP, an Eligible Employee must make an election under the Plan to participate in this DCAP. Such an election must be made pursuant to the terms and provisions of the Plan. Section D1.03 Effective Date of Election. An election to participate in this DCAP shall take effect as follows: (a) If an Eligible Employee’s election was made during the Annual Enrollment

Period under the Plan, the election shall take effect as of the first day of the next Plan Year;

(b) If the Eligible Employee’s election was timely made prior to the first day of

the next Plan Year, the Eligible Employee’s election shall take effect as of the first day of the next Plan Year; or

(c) If the Eligible Employee’s election was made within thirty (30) days after an

event that would allow an election change to be made under the terms of the Plan, the election shall take effect as of the first day of the month on, or coincident with the date that the completed election form is received by the Plan Administrator.

Section D1.04 Election Changes. A Participant in this DCAP may change his/her election during the middle of a Plan Year, either as to participation in this DCAP or as to the dollar amount of the benefit elected, if and only if such an election change is permitted under the terms of the Plan.

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ARTICLE D-II DEPENDENT CARE REIMBURSEMENT

Section D2.01 Qualified Dependent Care Expense. The term “Qualified Dependent Care Expense” means an amount paid by the Participant for care of a Dependent, including related household services, which enables the Participant to be gainfully employed. (a) Dependent Care Expenses That Are Not “Qualified.” Qualified Dependent Care

Expenses do not include the following:

(i) Amounts paid to a child of the Participant who is under age nineteen (19);

(ii) Amounts paid to an individual for whom the Participant or the Participant’s Spouse is entitled to an exemption under Code § 151(c); and

(iii) Amounts paid to a dependent care center that is not a Dependent Care

Center as defined in Section (d) below. (b) Special Rule for Services Performed Outside the Home. Amounts paid for services

performed outside the Participant’s household are not Qualified Dependent Care Expenses unless the expenses are for a Dependent as defined in Section (c)(i) below or a Dependent as defined in Section (c)(ii) below who spends at least eight (8) hours each day in the Participant’s home.

(c) Dependent. For purposes of this DCAP benefit, the term “Dependent” means an

individual meeting the conditions under subparagraphs (i), (ii) or (iii) below as follows:

(i) A tax dependent of the Participant as defined in Code § 152 who is:

(A) Under the age of thirteen (13); and

(B) The Participant’s qualifying child as defined in Code § 152(a)(1). or (ii) A tax dependent of the Participant as defined in Code § 152, but

determined without regard to Code § 152(b)(1), (b)(2) and (d)(1)(B), who:

(A) Is physically or mentally incapable of caring for himself/herself; and

(B) Has the same principal place of abode of the Participant for more

than one-half of the calendar year; or

(iii) A Participant’s Spouse who:

v. M2.0 D-3 11/19

(A) Is physically or mentally incapable of caring for himself/herself; and

(B) Has the same principal place of abode of the Participant for more

than one-half of the calendar year.

Notwithstanding the foregoing, and in accordance with Code § 21(e)(5), in the case of divorced or legally separated parents, a Dependent who is a child shall be treated as a Dependent of the custodial parent (within the meaning of Code § 152(e)) and shall not be treated as a Dependent of the non-custodial parent.

(d) Dependent Care Center. The term “Dependent Care Center” means a facility,

organized and operated in compliance with all applicable laws and regulations, for care of more than six (6) persons, including one (1) or more Dependents of the Participant, other than persons who reside there and which facility receives a fee, payment or grant for providing services for any of the six (6) individuals regardless of whether the facility operates at a profit.

Section D2.02 Grace Period. For purposes of reimbursements under this DCAP, Grace Period means the period that begins immediately following the close of a Plan Year and ends on the March 15th immediately following the close of the Plan Year. Section D2.03 Run-Out Period. The Run-Out Period means the period following the end of the Plan Year during which the prior Plan Year Claims may be submitted to the Employer for reimbursement. The Run-Out Period under this DCAP ends on March 15th. Section D2.04 Reimbursement. The Employer will reimburse a Participant for his or her Qualified Dependent Care Expenses incurred by the Participant during the Plan Year subject to the other limitations of this DCAP. The Employer will only reimburse for Qualified Dependent Care Expenses incurred while the Employee participated in the DCAP benefit under the Plan. An expense is incurred when the Participant is provided with the care that gives rise to the Qualified Dependent Care Expense, and not when the Participant is formally billed or charged for, or pays for the care. If the Employer permits the use of an electronic payment card, such as a debit card, such card may be used to pay for Qualified Dependent Care Expenses at merchants and service providers which are authorized by the Employer.

(a) Special Grace Period Rule. A Participant may also be reimbursed for Qualified Dependent Care Expenses incurred during the Grace Period from amounts remaining in his/her account at the end of the Plan Year to which that Grace Period relates if he/she is a Participant with DCAP coverage that is in effect on the last day of that Plan Year.

Unless specifically requested otherwise by a Participant, reimbursements during the Grace Period will be made according to the order in which the request for reimbursement is received. Reimbursements will be made from the immediately preceding Plan Year’s account until there is no amount remaining in such account and then from the current Plan Year’s account.

v. M2.0 D-4 11/19

(b) Electronic Payments. If the Employer permits the use of an electronic payment card, such as a debit card, such card may be used to pay for Qualified Dependent Care Expenses at merchants and service providers which are authorized by the Employer.

Section D2.05 Reimbursable Qualified Dependent Care Expenses. Reimbursable Qualified Dependent Care Expenses do not include: (a) Education expenses for a child in kindergarten or any higher grade; (b) Overnight care at a convalescent nursing home for a Dependent; (c) Overnight camp; (d) Expenses for lessons, tutoring or certain types of transportation expenses; (e) Expenses paid through another policy or DCAP of the Participant or the

Participant’s Spouse;

(f) Forfeited deposits, but may include application fees, agency fees, and deposits if the Participant is required to pay the expenses to obtain dependent care; or

(g) Expenses incurred before the Participant elected to participate in the DCAP

benefit. Section D2.06 Maximum Amount of Reimbursement. The maximum amount of reimbursement during a Plan Year may not exceed the lesser of the exclusion amount or the earned income limitation. A Participant may not carry over an unused amount to a succeeding year. The exclusion amount for any Plan Year is $5,000 ($2,500 if a married person filing a separate return). The same maximum amount of reimbursement applies per calendar year as specified by the Code. The earned income limitation is the earned income of an unmarried Participant or, for a married Participant, the lesser of the earned income of the Participant or the Participant’s Spouse. The Claims Administrator will determine earned income pursuant to Code § 32(c)(2). In no event will the Employer reimburse more than the dollar amount elected by the Participant. Additionally, in no event will the Employer reimburse more than the dollar amount actually credited to the Participant’s DCAP for the year minus amounts previously reimbursed for the year.

(a) Special Grace Period Rule. A Qualified Dependent Care Expense incurred during the Grace Period may be reimbursed from money remaining in a Participant’s account for the related Plan Year provided that the Claim is submitted within the Run-Out Period. All Qualified Dependent Care Expenses incurred during the Grace Period must be submitted in paper form and not through the use of an electronic payment card, such as a debit card.

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Section D2.07 Withholding - Accounting. The Employer will establish and maintain a DCAP for each Participant who has elected to receive the DCAP benefit under the Plan. The Employer will credit to the Participant’s DCAP an amount of the Participant’s Compensation which he or she elects to reduce. The amounts credited to the Participant’s DCAP are the property of the Employer until the Employer actually makes reimbursement. The Employer will debit a Participant’s DCAP for the amount of the reimbursement made to the Participant. A Participant’s DCAP will never exceed the maximum amount specified in Section D2.04 above. Section D2.08 Year End Accounting - Forfeitures. The Employer will use the amount credited to a Participant’s DCAP for any Plan Year to reimburse the Participant for Qualified Dependent Care Expenses. If any balance remains in the Participant’s DCAP for any Plan Year after the Employer has made all reimbursements for the Plan Year and immediately following the Grace Period, the Participant will forfeit the unused amount. Within a given Plan Year, if the total forfeitures from all Participants exceed the total reimbursement amount, then the DCAP will have a surplus. The amount of the surplus, if any, will be determined after the later of the end of the Grace Period defined in D2.02 or the end of the Claims Run-Out Period, defined in D2.03, and after all pending Claims have been processed. Any surplus will be used to offset reasonable administrative costs. Any excess still remaining after such costs are paid will be used to reduce the required premiums under the DCAP for all Employees participating in the DCAP in the Plan Year following the Year in which the surplus was created. Participants for this purpose will be determined on the date of the first payroll following the date on which the amount of surplus has been determined. Section D2.09 Minimum Election Amount. The dollar amount elected by the Participant may not be less than the dollar amount established by the Employer for that Plan Year.

ARTICLE D-III

CLAIMS PROCEDURES Section D3.01 When to File a Claim. Subject to Section D4.01of this Appendix D, the Participant must submit the application for reimbursement for expenses for a Plan Year no later than the end of the Run-Out Period. Section D3.02 How to Submit Claims. A Participant desiring to be reimbursed for Qualified Dependent Care Expenses must make a Claim for reimbursement by completing the application form provided by the Claims Administrator. A Participant may also access his or her DCAP through the use of an electronic payment card, provided that the Claim is properly adjudicated, as set forth in Section D3.03. The Claims Administrator may require the Participant to provide such information as may reasonably be required to process the Claims, including, but not limited to, the following: (a) The amount and date of services rendered and the nature of each expense

with respect to which a benefit is requested;

v. M2.0 D-6 11/19

(b) The name of the person, organization or entity to which the expense was, or is, to be paid;

(c) The signature of the daycare provider; and (d) Such other information as the Claims Administrator may, from time to time,

require. Such application shall be accompanied by bills, invoices, receipts, or other statements or certifications showing the amounts of such expenses, together with any additional documentation which the Employer may request. Such application may be made before or after the Participant has paid such expense, but not before the Participant has incurred such expense. Claims may be filed by the Participant or by the Participant’s duly authorized representative. Prior to recognizing any such appointment of an authorized representative, the Claims Administrator may require proof that the representative has been duly appointed. Section D3.03 Claims Decisions. Surency Life and Health will act as Claims Administrator with respect to any Claims for benefits under this DCAP. Surency Life and Health has been delegated full discretionary authority to make all determinations regarding the administration and payment of such benefit Claims. Except as otherwise provided by law, all decisions of the Claims Administrator shall be final and binding. Section D3.04 Electronic Payment Card Reimbursements. If the funds in a DCAP are accessible by electronic debit card a Participant must comply with the substantiation and correction procedures in accordance with Rev. Rul. 2003-43 and other IRS guidance. A debit card that is presented as payment for a dependent care expense and denied at the point-of-sale (i.e., when the service is provided) does not constitute an initial Claim denial under these procedures. Section D3.05 Limitation on Reimbursements with Respect to Certain Participants. No more than twenty-five percent (25%) of the total amounts reimbursed from all dependent care assistance accounts maintained by all Participants under this DCAP during any Plan Year may be reimbursed with respect to the class of individuals who own more than five percent (5%) of the stock of the Employer (or their Spouses or dependents). Notwithstanding any other provision of this DCAP, the Claims Administrator may limit the amounts reimbursed with respect to any Participant who is a highly compensated employee (within the meaning of Code § 414(g)) to the extent the Claims Administrator deems such limitation to be advisable to assure compliance with the restriction described in the preceding sentence or with any nondiscrimination provision of the Code. Such limitation may be imposed whether or not it results in a forfeiture under Section D2.08 above. Section D3.06 Time Frame for Deciding Claims. The Claim for reimbursement shall be approved or denied within a reasonable period (but no later than 90 days) after receipt of the Claim by the Claims Administrator. The initial 90-day period begins at the time the Claim is filed, whether or not all the necessary information for determining the Claim is provided at that time.

v. M2.0 D-7 11/19

Section D3.07 Extension of Time Frame for Deciding Claims. Notwithstanding Section D3.06 above, if the Claims Administrator determines that special circumstances require an extension of time (up to 90 days from the end of the initial 90-day period) for processing the Claim for reimbursement, written notice of the extension shall be furnished to the Participant before the end of the initial 90-day period. The written notice shall indicate the special circumstances requiring an extension of time and the date by which the Plan expects to render the benefit determination. Section D3.08 Notification Regarding the Claim Decision. If any Claim for reimbursement of expenses under this DCAP is denied, in whole or in part, then the Claims Administrator shall furnish the Participant written notice within the applicable time periods described in D3.06 or D3.07 above: (a) Setting forth the reason for the denial; (b) Making reference to pertinent DCAP provisions upon which the denial is based; (c) Describing any additional material or information from the Participant which is

necessary and why; and (d) Explaining the Claim review procedure and the applicable time frames set forth

herein. Section D3.09 Right to Appeal the Decision. Within sixty (60) days after receipt of the notification of the denial to reimburse an expense, the Participant may request, in writing a review of the denial by the Claims Administrator. Section D3.10 Time Frame for Deciding Appeal. Subject to D3.11 below, the Claims Administrator shall render a decision on review of a denied Claim within a reasonable period of time, but no later than sixty (60) days after receipt of the request for review hereunder unless special circumstances require an extension of time. This 60-day period begins at the time an Appeal is filed without regard to whether all the information necessary to determine on review whether an expense is reimbursable accompanies the filing. However, if an extension is required, as described below, due to the Participant’s failure to submit necessary information, the period of time for making the determination shall be tolled from the date on which the notification of extension is sent to the Participant until the date on which the Participant responds to the request. Section D3.11 Sixty (60) Day Extension of Time. If the Claims Administrator determines that special circumstances require an extension of time (up to sixty (60) days from the end of the initial 60-day period) for processing the Claim, written notice shall be furnished to the Participant before the end of the initial 60-day period. The written notice shall indicate the special circumstances requiring an extension of time and the date by which the Plan expects to render the determination on Appeal.

v. M2.0 D-8 11/19

Section D3.12 Decision on Appeal. In the case of an adverse decision on Appeal, the Claims Administrator shall send the Participant a notification: (a) Setting forth the reason for the denial; (b) Making reference to pertinent DCAP provisions upon which the denial is based; (c) Stating the Participant is entitled to receive, upon request and free of charge,

reasonable access to, and copies of, all documents, records, and other information relevant to the Claim; and

(d) Explaining any voluntary Appeals procedures and the Participant’s right to

information regarding these procedures, if any.

ARTICLE D-IV TERMINATION OF DEPENDENT CARE ASSISTANCE PLAN

Section D4.01 Termination of Participation. (a) General Rule. A Participant will cease participation in this DCAP on the earlier of

the following dates: (i) The date on which this DCAP terminates; or (ii) The date on which the Participant ceases to be an Eligible Employee.

Although a Participant’s participation under this DCAP terminates on the above date, coverage or benefits under the Pre-Tax Benefits may continue if and to the extent provided by such Pre-Tax Benefits.

(b) Effect of Ceasing Participation. If a Participant ceases to participate in this DCAP

for any reason, the Participant’s election to receive reimbursements for Qualified Dependent Care Expenses terminates on that date. A Participant may receive reimbursement only for Qualified Dependent Care Expenses incurred within the same DCAP Year and only during the period that the Participant was a Participant in this DCAP. If a Participant ceases participation under this DCAP, the Participant must apply for reimbursement in accordance with Article D-III by February 28th following the end of the Plan Year.

(c) Electronic Payment Card. A Participant will not be authorized to continue use of

an electronic payment card, such as a debit card, to access funds in his or her DCAP, effective the date of his or her termination from employment. Any claim submitted following a Participant’s termination must be submitted in paper form.


v. M2.0 F-1 11/19

APPENDIX F [RESERVED]


v. M2.0 G-1 11/19

APPENDIX G AMERICAN HERITAGE AFTER-TAX PLAN

This Appendix G contains the terms and conditions specific to the City of Arkansas City American Heritage After-Tax Plan that may be elected under Section 4.02 of the Plan. Unless otherwise altered by the terms of this Appendix G, the terms and conditions of the Plan are incorporated into, and made applicable to, this American Heritage After-Tax Plan. Section G1.01 Eligibility/Plan Entry Dates. The eligibility conditions are the same as those for the Dental Plan, however; the entry date is January 1 following the date of hire. Section G1.02 Benefits Provided under Individual Policies or Group Contracts. Under the American Heritage After-Tax Plan, the Participant may choose to receive benefits in the following policies of insurance: (a) Cancer Plan. Benefits under this Cancer Plan are identical to those described in, and

shall be paid pursuant to the terms of, the individual policy of insurance or group contract, as applicable, issued by American Heritage to the Participant. The provisions of that policy, as it may be amended from time to time, are incorporated herein by reference, solely as a description of the benefits provided by American Heritage.

(b) Accident Plan. Benefits under the Accident Plan are identical to those described in,

and shall be paid pursuant to the terms of, the individual policy of insurance or group contract, as applicable, issued by American Heritage to the Participant. The provisions of that policy, as it may be amended from time to time, are incorporated herein by reference, solely as a description of the benefits provided by American Heritage.

(c) Critical Illness Plan. Benefits under this Critical Illness Plan are identical to those

described in, and shall be paid pursuant to the terms of, the individual policy of insurance or group contract, as applicable, issued by American Heritage to the Participant. The provisions of that policy, as it may be amended from time to time, are incorporated herein by reference, solely as a description of the benefits provided by American Heritage.

(d) Heart/Stroke Plan. Benefits under Heart/Stroke Plan are identical to those described

in, and shall be paid pursuant to the terms of, the individual policy of insurance or group contract, as applicable, issued by American Heritage to the Participant. The provisions of that policy, as it may be amended from time to time, are incorporated herein by reference, solely as a description of the benefits provided by American Heritage.

(e) Short Term Disability Plan. Benefits under this Short Term Disability Plan are

identical to those described in, and shall be paid pursuant to the terms of, the individual policy of insurance or group contract, as applicable, issued by American Heritage to the Participant. The provisions of that policy, as it may be amended from time to time, are incorporated herein by reference, solely as a description of the benefits provided by American Heritage.

v. M2.0 G-2 11/19

Section G1.03 Obligation to Pay Benefits. The Employer makes no promise and shall have no obligation to provide or pay benefits under these individual policies or group contract, as applicable, from its own assets. The rights and conditions with respect to the benefits payable under this American Heritage After-Tax Plan shall be determined from each individual American Heritage policy. The Participant shall bear fully any and all risk of American Heritage’s insolvency. Section G1.04 Cost of Coverage. The Participant’s monthly premiums are determined by American Heritage pursuant to the terms of the policy or policies issued by American Heritage to the Participant. Under the terms of those policies, American Heritage may have the right to change the amount of the applicable premium from time to time. The Participant must pay the entire cost of the monthly premium for coverage on an after-tax basis. Section G1.05 Election to Participate. A Participant who desires to receive benefits under this American Heritage After-Tax Plan must elect to participate in this American Heritage After-Tax Plan and must make arrangements to pay his/her share of the applicable premium. If a Participant does not elect to participate, the Employer will not provide him/her with any benefits under this Plan. Section G1.06 Payment of Premium. A Participant who has elected to participate in this American Heritage After-Tax Plan must pay the applicable premium on an after-tax basis by authorizing a payroll deduction in the amount of the applicable premium. Section G1.07 Claims Administration. American Heritage will act as Claims Administrator with respect to any Claim for benefits listed in Section G1.02 above under this American Heritage After-Tax Plan. American Heritage has been delegated full discretionary authority to make all determinations regarding the administration and payment of such benefit Claims, in accordance with the terms of the individual American Heritage policies or group contract, as applicable. Except as otherwise provided by law, all decisions of the Claims Administrator shall be final and binding. Section G1.08 Termination of Participation. A Participant ceases to be a Participant as of the earliest of the following: (a) The last effective date of coverage – as specified by the individual policies or

Group Contract – following the Participant’s termination of employment with the Employer;

(b) The date on which the Participant’s election to participate expires; (c) The end of a period for which a required contribution by the Participant was last

paid, taking into account any grace periods required by law; (d) The last effective date of coverage – as specified by the individual policies or

Group Contract – following the date on which the Participant ceases to be an Eligible Employee; or

(e) The date on which this American Heritage After-Tax Plan terminates.

Item for City Commission Action Section VIII Items 1-7



Staff Contact Nick Hernandez

Title: City Manager Updates Description:

1. The 2020 session of the Kansas Legislature began today. Updates will be provided as bills advance.

2. The next RISE Cowley coalition meeting will be at 10 a.m. Tuesday, January 14 at the Cowley County Courthouse, located at 311 E. Ninth Ave. in Winfield. New steering committee members Mendy Pfannenstiel, Dennis Rittle and Candace Stephens will take their seats at this meeting.

3. The next monthly Cowley County Legislative Committee meeting will be at noon Tuesday, January 14 at the Winfield Area Chamber of Commerce office, located at 123 E. Ninth Ave.

4. The next Cowley County Service Alliance meeting will be from 5:30 to 7 p.m. Thursday, January 16 at the Senior Citizens Center, located at 320 South A St. The topic is recruiting volunteers.

5. The next City Commission study session will be at noon Friday, January 17 in the city manager’s office at City Hall. Possible topics include North Summit Street and/or Wilson Park Master Plan.

6. The annual Martin Luther King Jr. Day Celebration of Unity event will be at 3 p.m. Sunday, January 19 at Cowley College’s Robert Brown Theatre, located at 215 S. Second St.

7. The City Commission will convene as the Land Bank Board of Trustees at 5 p.m. Tuesday, January 21 in the commission room at City Hall, located at 118 W. Central Ave. This meeting will precede the regular City Commission meeting scheduled for 5:30 p.m. Tuesday, January 21.


City Manager

Item for City Commission Action Section IX Item 1a



Staff Contact Andrew Lawson

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

• November 14 — Visit Ark City Board of Trustees • November 14 — Equal Opportunity and Accessibility Advisory Board • November 18 — Northwest Community Center Advisory Board • November 21 — Arkansas City Recreation Commission • November 21 — 2020 Tacolalah Committee • December 5 — Arkansas City Area Complete Count Committee

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

City Manager

VISIT Ark City Board of Trustees 11/14/2019

The VISIT Ark City Board of Trustees met in regular session on Thursday, November 14th at 12:00 p.m. at the Northwest Community Center. Those present were Arty Hicks, Shawn Silliman, Duane Oestmann, Sara Williams and Pam Crain - VAC Director. Absent: Dena Ward, Carlla Pike and Liz Shepard. Arty Hicks called the meeting to order. Minutes from September 19 Meeting Minutes of the previous meeting were reviewed. Arty Hicks moved to accept the minutes as presented. It was seconded by Sara Williams. A unanimous voice vote declared the minutes accepted. Treasurer’s Report Pam Crain presented the financial report for September and October. Expenses included an Arkalalah participant survey and $50 gift cards awarded during the Last Run Car Show. The current balance in the checkbook is $10,417. All payments from the City have been received for this fiscal year. Pam projects an end-of-year budget surplus of around $3,000. The surplus will be used to pre-pay next year’s rental use of the Chamber of Commerce building. Pam reported that the excess funds for this year’s transient guest tax are being kept in the City account. That amount is $11,839.19. Sara Williams moved to accept both reports as presented. Duane Oestmann seconded, and a unanimous voice vote declared the motion approved. Old Business 150th Celebration for Ark City Pam Crain reported no new updates to the plan to celebrate the event. City Public Services Department Appreciation Lunch The event was successful. Approximately 40 city employees were served lunch by the VAC board at NWCC. Each also received a $10 gift certificate to Steamy Joe. New Business Last Run Car Show Pam Crain reported the local businesses were appreciative of the $50 gift certificates awarded at the event. L.G. Pike Construction paid for all the VAC expenses for the event, which was $800. Santa Saturday Pam Crain reported December 7th will be Santa Saturday. Several events will be scheduled for that day. Entries for the parade are still needed. Pam will contact churches to see if there is any interest in participating. VAC volunteers might be needed in the evening.

House of Hope Gala 11/16/19 Pam Crain reported that VAC was approached to be a table sponsor for this event to help the homeless. VAC will not participate this year in the event, but did not rule out the possibility of contributing in some other manner, such as grants. Chamber Building Update Pam Crain reported the indoor renovation of new carpet and some minor cosmetic work to furniture will proceed at the end of the year. The cost for the upgrades will be split between the Chamber of Commerce and VAC. The expected cost for VAC is approximately $5,500. Duane Oestmann made a motion to adjourn; seconded by Shawn Silliman; approved 4-0. The next regular meeting is scheduled for 12 noon on December 12 at Pam Crain’s home.

Arkansas City Equal Opportunity and Accessibility Advisory Board 11/14/19 Minutes

A regular meeting was held Thursday, November 14, 2019, in the City Manager’s Office. The meeting was called to order at 4:05 p.m. Roll Call: Board Members Staff Liaisons Bob Baker Mike Bellis Ethan Bartlett Nick Hernandez JoAnn Bierle Andrew Lawson James Fry Wade Magnus Anita Judd-Jenkins Marla McFarland Tammy Lanman-Henderson Josh White Frances “Rags” Smith Brian Williams 1. Approve October Meeting Minutes:

Anita made a motion to approve the minutes of the October 10, 2019, regular meeting as written. JoAnn seconded the

motion, which was approved 4-0 on a voice vote.

2. Cowley College W.S. Scott Auditorium Update:

Based on Josh’s calculations, Mike recommended a minimum of six ADA-accessible (two van-accessible and four car-

accessible) parking spots in the City-owned parking lot east of the auditorium. However, his personal recommendation is for

eight ADA spaces (two van-accessible and six car-accessible). This could be accomplished fairly easily by just restriping.

Cost factors would be the curb cut and new concrete for the access, as well as new ADA-compatible signage. Andrew said

there needs to be a total package of ADA work for multiple City facilities that could be accomplished during the summer.

Anita made a motion to recommend eight ADA spaces. JoAnn seconded the motion, which was approved 4-0 on a voice vote.

3. Duty: Foster and Promote Amicable Relations

Andrew said he would like to see better attendance at City Commission meetings when proclamations are issued, as well as

increased promotion of them using Facebook and other media outlets, Chamber of Commerce coffees, and similar methods.

After discussion, the Board indicated the “beautification coalition” language could be changed to reflect “city improvement.”

Marla joined the meeting in progress about 4:20 p.m. Andrew suggested a fourth sub-point regarding Census involvement.

4. Duty: Ensure Citizens Have Opportunities to Develop

The Board discussed several additional opportunities that could be referenced, including but not limited to “welcome wagon”

efforts, ESOL (English as a Secondary or Other Language) classes, banking outreach and new resident “orientation” events.

Other ideas include possibly sponsoring a “Why I Love Ark City” essay contest and making the community more welcoming.

Andrew gave an update on Creekstone Farms’ ongoing efforts to recruit 200 to 300 additional employees, all new to the area.

5. Biannual EEO-4 Report for 2019:

Marla gave an overview of the EEO-4 report she filed recently. There are no significant changes from the 2017 EEO-4 report.

6. Review ADA Transition Plan and Make Recommendations: Police Department

This meeting conflicted with a staff meeting in the ACPD training room. Because James was absent, this tour was tabled.

7. Tacolalah Good Neighbor Awards:

The next Tacolalah Committee meeting will be at noon November 21. Andrew discussed the Good Neighbor Awards with the

Beautification Advisory Board at its Sept. 26 meeting. They still may be awarded at a City Commission meeting in December.

8. Other Miscellaneous Items:

The next Ark City Area Complete Count Committee meeting is at 1:30 p.m. December 5 at the Water Treatment Facility.

Tammy asked if there are any concerns about the new flashing stop signs at Eighth Street and Kansas Avenue possibly

triggering epileptic seizures. Mike said they are used in other communities and he is not aware of any issues. Andrew said he

and Mike can research this a little further, and staff will try to report back at the next Equal Opportunity Board meeting.

Andrew said he will need Board input on designing questions for a community survey process for the Comprehensive Plan.

Anita made a motion to adjourn the meeting. JoAnn seconded the motion, which was approved 4-0 on a voice vote. The meeting was

adjourned at 5:20 p.m. The next meeting of the Equal Opportunity and Accessibility Advisory Board will be at 4 p.m. Dec. 12, 2019.

NORTHWEST COMMUNITY CENTER ADVISORY BOARD MINUTES FOR NOVEMBER 18TH, 2019.

Board Members Present: Felipe Escalante, Ruben Garcia and Gary Hale. Director Cindy Bennett and Andrew Lawson also were present. Jackie Barnett was excused.

After reading the minutes, Gary Hale accepted the minutes as written along with Felipe Escalante's second.

Cindy Reported:

1. We had our annual spaghetti provided by our biggest supporters, the Optimist Club. We had outstanding helpers in Gary Hale and Bob Frazee. Walmart, courtesy of First Baptist Church, provided 20 loaves of garlic bread. Gary Hale and Bob Frazee did all of the cooking and serving. The Optimists also provided chips of different varieties. The City, along with the Optimists, provided eating supplies and lemonade. Dessert was provided by Walmart, courtesy of First Baptist Church.

2. We also had our famous annual bingo night with exceptional prizes. Adella Barnett, Jackie Barnett’s wife, went way beyond with her bingo prizes, which were wrapped festively. She also provided the Grand Prize, a night at the movies with vintage Coke glasses, candy, popcorn and a big 2-liter Coke. There were gifts for both boys and girls, including fancy cups full of candy, make-up, nail polish and hair accessories. Felipe brought gloves, caps and different toys. Cowley College provided different fun things. The City provided a pool cue, all different kinds of balls, games, CDs, Christmas movies, bracelets and necklaces. We played until everyone had won and then we kept playing. Everyone won several times and then the kids got to take what was left over. The kids were so intense about winning that Jackie, our bingo caller, was surrounded by all of the kids. I had about four Cowley College students helping and they, too, had a wonderful time playing bingo and swapping gifts.

3. Wade Magnus replaced the burned-out lights that were outside. 4. Devan Bryant, a junior in high school, came in and said he was starting a DJ

business. He wanted to play here for a couple of hours on Thursday, November 14th. The kids got the word out and we had more than 65 kids here, mostly middle school and high school age.

The board asks that:

1. The City consider raising the damage deposit from $50 to $100. They feel it is a little low. This would encourage renters to leave the building in better shape. Most renters do an excellent job, though.

Next meeting is Monday, December 16th, 2019.

Arkansas City Recreation Commission MINUTES OF REGULAR MEETING

November 21, 2019 @ 7:00 a.m. Arkansas City Recreation Center, 225 E. 5th Ave. – Arkansas City, KS 67005

Board Members Present: Mr. Tad Stover

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

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

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

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

3) Review YTD Budget Expenditures and Consider Approval of Purchase Orders from October 16-November 19: Motion was made by Dave Pontious and seconded by Tad Stover to approve the purchase orders from October 16- November 19.

4) Consider 2020 Holiday Schedule: The Board reviewed the 2020 holiday schedule, considered as follows: New Year’s

Day; January 1; Good Friday, April 10; Memorial Day, May 25; Independence Day, July 4 (observed Friday, July 3); Labor Day, September 7; Arkalalah Friday, October 30; Thanksgiving, November 26; Thanksgiving Friday, November 27; Christmas Eve, December 24; Christmas Day, December 25; New Year’s Eve, December 31; and Employee’s Birthday. Tad Stover made a motion to approve the ACRC holiday schedule for 2020 as presented; seconded by Ron Smith; motion passed unanimously.

5) Consider Ark City Takedown Appropriation: The AC Takedown Club has requested its annual appropriation of $2,000. The funding is available and in the budget. The club does a great job of coordinating the wrestling program for/with Scott Munson as President, Dr. Scott Rogers as Vice President and Amy Richardson as Secretary. We have more than 40 registered in the beginner class and more than 40 in Takedown. Ron Smith made a motion to approve the Takedown Club’s annual appropriation in the amount of $2,000; Tad Stover seconded; motion passed.

6) Review Policy on Association Eligibility (Wrestling): The Arkansas City Takedown Club would like the Rec Commission to make a change in our policy book regarding Association Registration on youth programs. It’s in Section 4, Number 8, Youth Programs letter b. This section currently reads: “Individuals who reside outside the USD #470 taxing district and do not attend school in USD #470 and students whose parents are not employed within the boundaries of USD #470 may not participate in ACRC Association/team programs unless the activity is not offered, in any form, in their community. Individuals who reside outside USD #470 and do not attend schools in USD #470 may participate in Wrestling and Swim Club with the receipt of a written consent from their district’s governing body. This policy shall be in effect to achieve the following ACRC, community, and program goals:” The Takedown Club would like to remove “Wrestling” from the line where it’s bolded and underlined. Joe believes ACRC should honor the club’s request, which will help to protect the club going forward. Tad Stover made a motion to approve the Takedown Club’s request of removing the word “Wrestling” in Section 4, Number 8, Youth Programs letter b; Dave Pontious seconded; motion passed unanimously.

7) Review Superintendent’s Report: Joe’s report to the board included: • ACRC has a variety of programs on the schedule. Wrestling, girls basketball, adult volleyball, gymnastics,

fitness classes, pickle ball and Kidz Café all are under way. Upcoming activities include boys basketball, Holiday Fitness Special, Santa Saturday, Daddy-Daughter Dance, spring soccer and Jr. Bulldog Basketball.

• We had 312 runners this year for the Arkalalah Fun Run (down about 60 from last year). Our staff and volunteers did a good job of coordinating the race. Having data entry at the Chamber on the day of the race has helped tremendously. Everyone here appreciates having Oz Endurance (timer guys) doing the finish line.

• We had a big crowd for Turkey Bingo (80 people). We used the gym again this year; we’ve outgrown the meeting room. Everyone enjoyed the good food and a couple hours of fun. All staff helped on this, with Deb Davidson as the celebrity chef.

• Trick-or-Treat Night at the Rec Center was well attended with hundreds of youth and adults participating. Approximately 10 area businesses/organizations set up tables inside and outside the gym. We estimate that about 750 people participated.

• Kent Bassford has already picked up financial reports/records for this year’s audit. He’s ahead of schedule this year. Always a fun time.

• Traver’s Furniture & Carpet has completed the install of flooring and it looks good. Done Right Plumbing fixed a urinal. David replaced the water filter in the drinking fountain in the PFC. Waiting on Mayfield to come replace some ballasts and check a couple of outlets. Our new elevator from Access Elevator & Lifts should be close to being installed. Waiting on Austin Call to repair fencing at Dow and rework the lowering mechanism on the east goal in the small gym. Working on getting bids to resurface outside our building. We have one from Rob Carroll and Joe is waiting on Shane from Waterproofing Contractors, Inc. from Wichita.

• Our Christmas Party is scheduled for 6 p.m. December 11 at the VFW. Hope to see all of you there! 8) Executive Session-Personnel: Ron Smith made a motion to recess into executive session for 15 minutes to discuss

personnel matters of nonelected personnel; Andy Paton seconded; motion passed. Upon return from executive session, Andy Paton made a motion to give holiday bonuses to all seven full-time employees at $500, after taxes and KPERS withholdings; Tad Stover seconded; motion passed.

9) Adjournment: Dave Pontious made a motion to adjourn at 7:45 a.m.; seconded by Tad Stover; motion passed.

Name___________________________________________________________ Date______________________ Name___________________________________________________________ Date______________________

2020 TACOLALAH COMMITTEE MEETING: NOON THURSDAY, NOVEMBER 21, 2019 @ STEAMY JOE

1. Old Business a. Reviewed and approved October 17 minutes b. Budget for V.J. Wilkins Foundation award ($2,500), awarded in December

• Discussed converted current fireworks account into our account • Accounting will remain the same; Visit Ark City will control funds

c. Logo Design Contest wrap-up: • Will give Liz a T-shirt and hat with her new logo, $100 in Chamber

bucks, an official award certificate, and maybe 10 free Taco Tokens d. Arkalalah Parade Entry wrap-up:

• Charles said it was chaotic at first, but we were able to get organized • Anita recruited her grandson and his friends to help with everything • Several volunteers had to back out last-minute for various reasons • Seemed like success overall as far as raising attention for 2020 event

e. Santa Parade — 6 p.m. Friday, December 7 • Paisley asked if Tacolalah can participate because it’s light on entries • Route is from Spruce Avenue to Adams Avenue on Summit Street • Tammy said she will provide the truck and trailer for the parade • Discussed mounting Anita’s lighted neon taco sign on trailer • Anita, Brooke, Charles, Debbie, Pam, Rags, Tammy all volunteered

to help decorate and/or participate in the parade itself • Also plan string lights, festival decorations, Christmas decorations • Decoration tentatively planned for 4 p.m. Dec. 6 at the Ag Building • Andrew will check on storing trailer in Ag Building on Dec. 6-7 • Rags to check on Union State Bank parking garage as alternate site

f. Creekstone Presentation — prepare in January • Debbie said Silvia Galindo is a good contact for this • Andrew, Anita, Debbie, Pam, Tammy all interested in participating

2. New Business:

a. No new business to discuss

3. Subcommittees a. Advisory — Charles Tweedy III

• Charles raised need for the committee to become more independent b. Arts/Crafts — Nancy Holman, Amy Lawson & Rags Smith c. Beer Garden — Andrew Lawson

• Will check on Bottle Service LLC status after the New Year d. Community — Anita Judd-Jenkins

• Anita mentioned possibility of a Parade of Flags (Cowley College?) e. Corporate — Karla Gallegos-Perez & Junior Urias f. Dancing/Music — Debbie Savala

• Debbie has some photo props she can bring to the event g. Entertainment — Bobie Baker

• Nothing to report h. Fundraising — Pam Crain

• Nothing to report i. Hospitality — JoAnn Bierle & Arty Hicks j. Marketing — Andrew Lawson

• Nothing to report k. Outdoor Market — Kelly Dillner l. Photos/Video — Felipe Escalante m. Salsa Fest — Paisley Howerton n. Social/Web — Kayleigh Lawson

• Still working on new website; Tammy supplied her event photos • Liz and new logo were announced Oct. 26 on our Facebook page

o. Vendors — Robin Henderson & Brooke Padgett • Continuing to make contacts

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

4. Adjournment

NEXT MEETING: NOON THURSDAY, DECEMBER 19, 2019 @ STEAMY JOE

2019-2020 ARKANSAS CITY AREA COMPLETE COUNT COMMITTEE

MEETING: 1:30 PM THURSDAY, DEC. 5, 2019 @ WATER TREATMENT PLANT

1. Welcome and Introductions: Anita Judd-Jenkins (chair) and Andrew Lawson (City of Arkansas City) welcomed everyone. The only new attendee was Lloyd Colston (Census Bureau / Arkansas City Public Library Board of Trustees). Those also attending were Mike Crandall (City/Cowley County Council on Aging), Jack Dickson (Ministerial Alliance), Kerri Falletti (Cowley First), Karla Gallegos-Perez (Creekstone), Larry Gilmore (Census/Retired Citizens Advisory Council), Paisley Howerton (Chamber of Commerce), and Josh White (City).

2. Old Business: a. After review, Lloyd made a motion to approve the Nov. 7 minutes. Jack

seconded the motion, which was approved unanimously on a voice vote. b. Larry gave a report on Census Bureau job recruitment. Currently, 153

people have applied (with 146 approved) in Cowley County, but we still need 38 more people to be at 80% (and 86 more to be at 100%) by March 1, 2020. The goal is 110%. Larry said it really picked up in the last 2 months.

c. Anita said the Women for Kansas event went well Nov. 9 and there is now increasing interest in forming a Complete Count Committee in Winfield.

d. Andrew showed everyone a copy of the December water bill newsletter and the box ad on it to advertise Census jobs. Pay starts at $15 per hour!

e. The League of Kansas Municipalities Social Media Grant application was filed Nov. 26. Andrew got together with Anita, Jack, Josh and Mendy to complete the form. He showed some of the responses that were provided concerning social media ad planning. The plan is to spend $500 on advertising on the main City page, mainly to boost events, and the remaining $1,500 on the Complete Count Committee page. If the printing grant is awarded, $100 of the $500 grant is allocated for water bill inserts.

f. Social Media Channels — Andrew asked everyone to monitor the following channels and share relevant posts on their individual channels:

• Facebook: www.facebook.com/ArkCityCounts • Twitter: www.twitter.com/ArkCityCounts • Gmail (Andrew and Anita to monitor): [email protected] • Lloyd said Facebook is king, but Twitter is growing in engagement. • If someone is passionate about Instagram, please visit with Mendy!

http://www.facebook.com/ArkCityCounts

http://www.twitter.com/ArkCityCounts

mailto:[email protected]

g. Christmas in the City (Dec. 7) — Parade entries are still needed. We

decided to enter. Anita still has the banner and cards to hand out. Larry and Lloyd volunteered 20 volunteer Girl Scouts to assist Anita with this.

• Line up starting at 5 p.m. at Spruce and Summit; parade is 6 p.m.

3. New Business: a. Information Rollout/ROAM:

• Andrew and Josh showed the local Census tracts and explained all but one will receive postcards and paper questionnaires initially. Only one will receive the postcard first, without the questionnaire.

• Ark City will not receive bilingual forms initially, which we project to be a barrier to completion for ESOL/Spanish-speaking residents.

b. No date yet for hosting Chamber Coffee, but USD 470 has offered to host this event at the Avery Learning Center sometime in January or February.

c. Neighborhood Nights — Discussed hot dog feeds; need to define boundaries

4. Subcommittees: a. Business/Industry — Kerri Falletti & Paisley Howerton b. Corporate Partners — Karla Gallegos-Perez & Crystal Hunt

• Creekstone open enrollment: last week of March/first week of April c. Cowley College — Jason O’Toole & Landon West d. Community Organizations — Janice Marr & Yazmin Wood e. Faith-Based — Pastor Jack Dickson

• Present to Spanish churches (Carlos) on 2nd/3rd week of January? • Unity Sunday (Jan. 19) — booth presence? (breakfast on Jan. 18)

f. Government —Josh White will work on updating ROAM GIS map layers g. Group Quarters — Lynlea Bartlett (need to visit with Linda Misasi @ CDDO) h. Health Care — Shawna Allison, Doc Arnett, Tom Langer & Mary Torrez i. K-12 Education — Dr. Ron Ballard, Jeri Crumbliss & Will Pfannenstiel

• Anita will meet with every school’s site council soon. The principals are on board and teachers are already using lesson plans to incorporate the 2020 Census into their curriculum.

• She will be meeting with all teachers and staff in January 2020. j. Parkerfield — Mike Bergagnini k. Public Library — Lloyd Colston & Mendy Pfannenstiel l. Senior Citizens — Mike Crandall & Larry Gilmore

• Mike: Present at 1:30 p.m. March 17 at the Winfield Senior Center?

NEXT MEETING: 1:30 PM THURSDAY, JAN. 2, 2020 @ 400 W. MADISON AVE.

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2020 CalendarCity of Arkansas City Holiday Schedule

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KEY: 1st meeting of the month Study sessions Annual reorganization meeting (moved to Monday from 1st Tuesday in Jan.)

2nd meeting of the month Holiday conflict Land Bank Board of Trustees meeting (precedes regular meeting at 5 PM)

National Night Out (traditionally a light agenda) Public Building Commission meeting (precededs regular meeting at 5 PM)

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