City Council Regular Meeting August 17, 2026 6:00 PM, Council Chambers - 20201 E. Jackson Drive To view a Council meeting agenda, visit https://independencemo.portal.civicclerk.com/ and select 'Most Recent Council Agenda'. INVOCATION 1. The invocation will be given by Tim Allison, Chaplain of the Visiting Nurse Association Hospital. THE PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS CITIZEN REQUESTS CONSENT AGENDA Reports and Recommendations of the City Manager 1. Council action is requested to authorize the City Manager to issue a purchase order(s) to RubinBrown, LLP in the amount of $170,300, and authorizing change orders of up to ten (10%) of the authorized amount, subject to annual budget appropriations, for the annual audit services for Fiscal Year Ending 2026. Item passes 7-0 2. Council action is requested to authorize the City Manager to issue a blanket purchase order(s) to WEX Bank in the amount of $150,000 for fuel purchase, and authorizing up to ten percent (10%) of the authorized amount for future change orders, to support the Fire Department in Fiscal Year 2026-2027. Approved 3. Council action is requested to authorize the City Manager to issue a purchase order(s) in the amount of $200,000 to MacQueen for turnout gear, and authorizing up to ten Page 1 of 516 percent (10%) of the authorized amount for future change orders, to support Fire Department personnel in the Fiscal Year 2026-2027. Approved 4. Council action is requested to authorize the City Manager to issue a change order to TC Fuller Construction, LLC in the amount of $21,643.40 for the parking lot project at Fire Station 1. Approved 5. Council action is requested to authorize the City Manager to issue a purchase order to Life Scan Wellness Centers in the amount of $181,000 for mandatory physicals, and authorizing up to ten percent (10%) of the authorized amount for future change orders, to support the Fire Department in Fiscal Year 2026-2027. Item passes 7-0 6. Council action is requested to authorize the City Manager to execute a contract with the Independence Chamber of Commerce for the license of the Independence Square public area for the Santa-Cali-Gon Festival. Approved 7. Council action is requested to authorize the City Manager to accept a grant from Mid- America Regional Council in the amount of $52,000 for the City’s Senior Adult Nutrition Site Program for Fiscal Year 2026-2027, and execute the Community Center Services Agreement; making the necessary appropriations; authorizing future change orders for additional funding and/or time extensions; and, authorizing certain future appropriations. Approved 8. Council action is requested to authorize the City Manager to execute a design services contract with, and issue a purchase order to, Cochran Engineering for an amount not to exceed $410,060, and authorizing a ten percent (10%) contingency of the authorized amount, as part of the Square Streetscape Phase 2 Project (No. 111902-1). Item passes 7-0 9. Council action is requested to authorize the City Manager to execute a design services contract with, and issue a purchase order to, Burns & McDonnell for an amount not to exceed $130,000, and authorizing a ten percent (10%) contingency of the authorized amount, for the Wellfield Overhead Electrical Improvements Project (No. 402008) at the Courtney Bend Water Treatment Plant. Approved 10. Council action is requested allow the City Manager to sign a memorandum of understanding (MOU) with, and issue a purchase order for $100,000 to the Community Services League (CSL) as part of a commitment to "Independence TOGETHER'. Item passes 7-0 REGULAR AGENDA PUBLIC HEARING(S) Page 2 of 516 1. A public hearing for the amendment to the Unified Development Ordinance, Chapter 14, of the Independence City Code relating to Data Centers & Battery Energy Storage Systems. Full Public Hearing. Item postponed to 9/8/26 7-0 26-072 2R An ordinance amending the Unified Development Ordinance, Chapter 14, of the Independence City Code pertaining to data processing and hosting and battery energy storage systems uses. 2R Item postponed to 9/8/26 7-0 ORDINANCES 1. 26-057 2R An ordinance creating Section 12.05.018 of the Independence City Code for the Prohibition of Unlawfully Gaining Entry into a Motor Vehicle 2R Item passes 7-0 Ord. No. 19831 2. 26-058 2R An ordinance amending Chapter 5, Article 10 of the Independence City Code regarding Private Security Guards 2R Item passes 7-0 Ord. No. 19832 3. 26-073 2R An ordinance amending ordinance #19723 by repealing and replacing the previously approved legal descriptions for Parcel 1 of the Annual Neighborhood Sanitary Sewer Project (Project No 302004-1). 2R Item passes 7-0 Ord. No. 19833 4. 26-074 2R An ordinance authorizing the acceptance of a Mutual Aid Agreement in the amount of $450,000.00 from KC2026 for Law Enforcement Assistance provided by the Independence, MO Police Department during the FIFA World Cup Events held in Kansas City, Missouri; appropriating the necessary funds in the Police Department Grant Fund; authorizing the acceptance of future change orders, extension, amendments or addendums for additional funding or time extensions for the same project, and authorizing certain future appropriations. 2R Item passes 7-0 Ord. No. 19834 5. 26-076 2R An ordinance authorizing the City Manager to execute a sidewalk improvement agreement with the Missouri Highways and Transportation Commission for the Winner Road Complete Streets Project (Project No. 112403 / Federal Project No. STBG-33479(440). 2R Item passes 7-0 Ord. No. 19835 6. 26-077 2R An ordinance amending Section 12.03.009(A) of the Independence City Code to add subsection (3) to create a Santa-Cali-Gon district curfew over the Labor Day weekend. 2R Item passes 7-0 Ord. No. 19836 7. 26-078 2R An ordinance calling an election to authorize the issuance of General Obligation Bonds for the City of Independence, Missouri. 2R Item passes 7-0 Ord. No. 19837 Page 3 of 516 8. 26-079 2R An ordinance authorizing persons to hold more than one office within the City. 2R Item passes 7-0 Ord. No. 19838 FIRST READING(S) 1. 26-080 1R An ordinance amending City Code Chapter 16, Article 5, by adding provisions requiring an Energy Services Agreement (ESA) for large load customers served by Independence Power & Light. 1R Read 2. 26-081 1R An ordinance authorizing acceptance of the 2026 Midwest High Intensity Drug Trafficking Area (HIDTA) Memorandum of Understanding (MOU) for the Kansas City/Overland Park DEA Task Force Initiative, and related documents, with the Kansas Bureau of Investigation, for a grant award in the amount of $165,015.00; making the necessary appropriations; and authorizing future change orders for additional funding and/or time extensions. 1R Read 3. 26-082 1R An ordinance authorizing acceptance of the 2026 Midwest High Intensity Drug Trafficking Area (HIDTA) Memorandum of Understanding (MOU) for the Investigative Support Center Initiative, and related documents, with the Kansas Bureau of Investigations, for a grant award in the amount of $135,054.31; making the necessary appropriations; and authorizing future change orders for additional funding and/or time extensions. 1R Read 4. 26-083 1R An ordinance authorizing the City Manager to execute a certain grant agreement in the amount of $6,000,000 with the Missouri Highways and Transportation Commission for the 23rd Street Safety & Mobility Improvements Project (Project No. 112601/Federal Project No. STBG-3379(448)) and adopting amendments to the Fiscal Year 2026-2027 Budget, which was approved by ordinance No. 19816. 1R Read 5. 26-084 1R An ordinance amending Ordinance No. 19748 and authorizing the City Manager to execute a certain grant agreement supplement with the Missouri Highways and Transportation Commission as part of the 23rd Street (M-78) Complete Streets Phase 3 Project (Project No. 112111-3 / Federal Project No. CRP-3379(447)). 1R Read 6. 26-085 1R An ordinance approving a rezoning from District R-6 (Single-Family Residential) to District R-6/PUD (Single-Family Residential/Planned Unit development) and approving a preliminary development plan for the property located at 19901 E. Missouri 78 Highway. 1R Read INFORMATION ONLY 1. Municipal Court Report for July 2026 Page 4 of 516 2. Please Note: In accordance with RSMo. 610.021, the City Council may convene in a Closed Executive Session during or after the meeting, on matters of litigation, legal action, and/or attorney client communications, as permitted by Sec. 610.021(1), on matters of personnel, as permitted by Sec. 610.021(3) and personnel records, as permitted by 610.021(13), on matters of contracts, as permitted by 610.021(12), on matters of real estate, as permitted by 610.021(2) and/or matters of labor negotiations, as permitted by 610.021(9). COUNCILMEMBER COMMENTS ADJOURNMENT Page 5 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize the City Manager to issue a purchase order(s) to RubinBrown, LLP in the amount of $170,300, and authorizing change orders of up to ten (10%) of the authorized amount, subject to annual budget appropriations, for the annual audit services for Fiscal Year Ending 2026. Item passes 7-0 Recommendations: Council approval is recommended. Background: The City Charter requires an independent annual audit of the City’s financial statements. RubinBrown, LLP was previously awarded the contract that was approved by City Council for these services through a Request for Proposals (RFP). In addition to the audit of the City’s financial statements, the contract also includes the annual audits of the Crackerneck Creek Transportation Development District (TDD), Events Center Community Improvement District (CID), and Hub Drive Transportation Development District (TDD) and Community Improvement District (CID). Fiscal Year 2026 Audit – Purchase Order in Fiscal Year 2027: Annual Audit – City = $115,550.00 Single Audit – estimated 3 programs = $24,750.00 ($8,250.00 per program) Annual Audit – TDD 2 districts = $15,000.00 ($7,500.00 per district) Annual Audit – CID 2 districts = $15,000.00 ($7,500.00 per district) Fiscal Year 2027 Audit – Purchase Order in Fiscal Year 2028: Annual Audit – City = $121,500.00 Single Audit – estimated 3 programs = $26,100.00 ($8,700.00 per program) Annual Audit – TDD 2 districts = $15,800.00 ($7,900.00 per district) Annual Audit – CID 2 districts = $$15,800.00 ($7,900.00 per district) Approval of this item authorizes change orders up to (10) percent of the authorized amount, provided that appropriations are available. Emergency Justification: Fiscal Impact: The fiscal impact to the City for Fiscal Year 2026-27 will be $170,300 for the audit for fiscal year ending 2026. Page 6 of 516This is included in the adopted budget as follows: $140,300.00 to Fund (095), account number 0954210-5226, Professional Services – page 145 $7,500.00 to Fund (418), account number 418-5226, Professional Services $7,500.00 to Fund (445), account number 445-5226, Professional Services $7,500.00 to Fund (433), account number 433-5226, Professional Services $7,500.00 to Fund (434), account number 434-5226, Professional Services The fiscal impact to the City for Fiscal Year 2027-28 will be $179,200, for the audit for fiscal year ending 2027 and funding will be included in the Fiscal Year 2027-28 proposed budget, subject to annual appropriation and Council approval, as follows: $147,600.00 to Fund (095), account number 0954210-5226, Professional Services $7,900.00 to Fund (418), account number 418-5226, Professional Services $7,900.00 to Fund (445), account number 445-5226, Professional Services $7,900.00 to Fund (433), account number 433-5226, Professional Services $7,900.00 to Fund (434), account number 434-5226, Professional Services Council Action: Department / Finance / Contact REVIEWERS Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. City of Independence_Statement of Work 2026 & 2027 2. Rubin Brown memo for Auditing Services Page 7 of 516 PREPARED FOR: Statement of Work www.RubinBrown.com Page 8 of 516Table of Contents The RubinBrown Difference ....................................................................................................................... 1 RubinBrown Overview ................................................................................................................................ 2 Public Sector Services Group .................................................................................................................... 3 Engagement Team ..................................................................................................................................... 4 Estimated Fees ............................................................................................................................................ 5 Appendix Team Member Biographies www.RubinBrown.com Page 9 of 516The RubinBrown Difference RubinBrown is excited about the opportunity to serve the City. The information below illustrates our commitment to developing a partnership that will allow the City to thrive. This is the RubinBrown Difference. EXPERTISE COMMUNICATION OUR COMMITMENT TO CITY OF RESOURCES INDEPENDENCE COLLABORATION ONE-FIRM CONCEPT Expertise RubinBrown's Public Sector professionals understand the unique needs of governmental organizations and provide practical, industry-specific guidance. We serve more than 125 governmental clients and actively participate in organizations such as the AICPA's Technical Issues Committee and the Government Finance Officers Association (GFOA), helping clients stay informed on best practices and emerging issues. Resources We provide value throughout the year through periodic strategy meetings, proactive guidance, and timely updates on emerging business issues, regulatory changes, and technical developments. One-Firm Concept Our One-Firm philosophy provides seamless access to professionals across the firm, ensuring you have the right expertise and resources available whenever they are needed. Collaboration We work closely with your team to understand your priorities and tailor our approach to your specific needs. Guided by our "Be Your Best For Others"® philosophy, we are committed to delivering exceptional client service and practical solutions. Communication We believe in clear, timely communication throughout every engagement. Our team responds within 24 hours or less, provides draft reports within an agreed-upon timeline, and is committed to meeting or exceeding agreed-upon deadlines. 1 | www.RubinBrown.com Page 10 of 516RubinBrown Overview Founded in 1952, RubinBrown is a partner-owned, independent firm that is not private equity- backed, and has been providing professional services to individuals, businesses, governmental entities and not-for-profit organizations for over 70 years. RubinBrown has offices located in the St. Louis, Chicago, Kansas City, Detroit, Denver, Nashville, Las Vegas, and Mumbai, India metropolitan areas, providing us with a network of thought leadership and knowledge sharing that we will pass along to our clients. We have approximately 1,000 team members and 200 partners. ONE- FIRM APPROACH Seamlessly integrating a diverse range of expertise and resources from across the firm to deliver unparalleled service and value to our clients, leveraging collective knowledge to simplify complexities and empower your organization to achieve its goals RubinBrown’s “one-firm” approach is the driving force behind the firm’s unwavering commitment to deliver unparalleled service and value to our clients. RubinBrown redefines the client experience by seamlessly integrating professionals across service lines, providing a holistic approach to professional services. This cohesive strategy ensures that clients benefit from a unified team of professionals who collaborate across various disciplines, such as auditing, tax advisory and financial consulting. This collaborative synergy allows RubinBrown to offer industry- specific expertise, promote efficiency, reduce costs, deliver personalized solutions, ensure seamless and timely communication, and enhance compliance and risk management. Your team is not just accountants and consultants, they are a dedicated, collaborative group of partners working towards your success; simplifying complexity and empowering you to achieve your goals. 2 | www.RubinBrown.com Page 11 of 516Public Sector Services Group RubinBrown understands the intricacies of the Public Sector industry and offers a dedicated services group to meet the needs of governmental entities across the United States. SIZE OF FIRM AND SIZE OF LOCAL OFFICE ■ Founded in 1952, has been providing professional services to governmental entities for over 70 years. ■ Over 1,000 team members across the nation and over 120 in the Kansas City office ■ Served more than 125 governmental clients over the past 60 years TEAM MEMBERS ■ Dedicated Public Sector team of more than 85 audit and consulting professionals with expertise in a variety of areas, including accounting, assurance, tax compliance, information technology risk consulting, process improvement, internal controls and operations, and data analytics. ■ Dedicated team receives ongoing and extensive public sector training annually ■ Work will be conducted out of the Kansas City office and the engagement will be served entirely by full-time team members. ■ Chester Moyer, CPA will hold the title of the engagement partner and will have overall responsibility for all professional services 86.7% average team member retention rate for the past three years PUBLIC SECTOR AUDITING EXPERIENCE RubinBrown’s Public Sector Services Group provides specialized audit and advisory services to governmental entities, including municipalities, counties, school districts, colleges and universities, libraries, housing authorities, and other public organizations. Our team performs financial statement audits, Single Audits in accordance with Uniform Guidance, and ACFR preparation assistance. Professionals serving public sector clients complete specialized government auditing training and remain current on industry developments through ongoing education and collaboration. 3 | www.RubinBrown.com Page 12 of 516Engagement Team Our team of professionals possesses the knowledge and expertise to meet your needs. Building a strong relationship and promoting a sense of partnering with your team is essential to the success of this relationship. We will work closely with you to understand what is important to you. In addition, the total talent, depth and resources of our firm support your client service team throughout the year. Chester Moyer, CPA Partner, Assurance Services Group 816.859.7945 chester.moyer@rubinbrown.com Jessica Schmitz, CPA Partner, Assurance Services Group 816.859.7948 jessica.schmitz@rubinbrown.com Cole Wassenberg Accountant, Assurance Services Group 816.859.7888 cole.wassenberg@rubinbrown.com Christine Pham Accountant, Assurance Services Group 816.859.7931 christine.pham@rubinbrown.com 4 | www.RubinBrown.com Page 13 of 516Estimated Fees We recognize your desire for professional service providers who are not only highly qualified but who are also cost-conscious about the work they perform. We are mindful that cost is always a consideration in selecting a professional services firm. We developed our fee estimates based on our current understanding of the services required, and our strong desire to develop a long-term relationship with the City. If you have any questions or concerns about our estimates, we would appreciate the opportunity to discuss our estimates with you to provide further clarity about the value behind the numbers. Our proposed fee schedule for the requested services over the next two years is as follows: DESCRIPTION OF SERVICES JUNE 30, 2026 JUNE 30, 2027 Audit of the Annual Comprehensive Financial Report $115,550 $121,500 TDD and CID Audits (4 total) $7,500 (each) $7,900 (each) Single Audit (per major program) $8,250 (each) $8,700 (each) HOURLY RATES PROFESSIONAL LEVEL HOURLY RATE Partner $350 Manager $250 Staff $190 BILLING PRACTICES Our billing philosophy is based on a simple premise – No Surprises. We believe that strong client relationships require open and effective lines of communication. We never want our clients to feel hesitant about calling us because they are concerned about “the clock ticking.” An effective relationship also requires an attitude of fairness and a spirit of “give and take.” Accordingly, RubinBrown considers routine telephone calls and short meetings to be part of our fee arrangement. For this purpose, we define “routine telephone calls and short meetings” as those that do not require extensive additional research or follow-up time. We work diligently to structure our work in the most cost-effective manner possible. 5 | www.RubinBrown.com Page 14 of 516 Team Member Biographies 6 | www.RubinBrown.com Page 15 of 516 Chester Moyer, CPA Partner 816.859.7945 chester.moyer@rubinbrown.com Chester Moyer is a Partner in RubinBrown’s Assurance Services Group, the Partner-In-Charge of RubinBrown’s Colleges & Universities Services Group, and the Partner-In-Charge of RubinBrown’s Public Sector Services Group. Based in the firm’s Kansas City office, he provides audit and attestation services, specializing in the public sector, colleges and universities, technology, and manufacturing and distribution industries. Prior to joining RubinBrown in 2003, Chester was an intern at RubinBrown. In 2006, Chester participated in the Baker Tilly International Exchange Program and worked with Pitcher Partners in Melbourne, Australia. Specific Experience/Expertise ▪ Accounting and auditing ▪ Internal accounting controls ▪ AICPA Enhanced Oversight Program Reviewer – Single Audits ▪ AICPA Advanced Single Audit Certificate ▪ Frequent speaker and instructor on accounting and auditing topics, including FASB and GASB Education ▪ MAcc, University of Missouri – Columbia ▪ B.S., Accounting, University of Missouri – Columbia Professional Organizations ▪ Member, American Institute of Certified Public Accountants ▪ Member, Missouri Society of Certified Public Accountants ▪ Member, Kansas Society of Certified Public Accountants Professional Accomplishments, Awards & Publications ▪ Harvey Brown Founders Award, RubinBrown (2013) ▪ Emerging Leader Community Service Award, RubinBrown (2010) ▪ AICPA Governmental Enhanced Oversight Reviewer ▪ AICPA Advanced Single Audit Certificate Community Involvement ▪ Member, Dean’s Advisory Board, Rockhurst University ▪ Former Adjunct Instructor, Rockhurst University ▪ Member, Mizzou Accountancy Advisory Board 7 | www.RubinBrown.com Page 16 of 516 Jessica Schmitz, CPA Partner 816.859.7948 jessica.schmitz@rubinbrown.com Jessica Schmitz is a Partner in RubinBrown's Assurance Services Group. She has been with RubinBrown since 2014 and specializes in planning and overseeing the direction of assurance engagements, including the development of the audit approach and reviewing all phases of the engagement before presenting the final results. Jessica serves clients in various industries, including not-for-profit, public sector and manufacturing and distribution. Specific Experience/Expertise ▪ Financial statement audits and reviews ▪ Compliance audits in accordance with OMB Uniform Guidance ▪ GAAP financial statement preparation and related disclosures, including implementation of new accounting pronouncements Education ▪ M.S., Accountancy, University of Missouri, Kansas City ▪ B.S., Business Administration, University of Central Missouri Professional Organizations ▪ Member, Missouri Society of Certified Public Accountants ▪ Member, American Institute of Certified Public Accountants Community Involvement ▪ Board Member, Bridging the Gap 8 | www.RubinBrown.com Page 17 of 516 Thank You 9 | www.RubinBrown.com Page 18 of 516 DATE: August 5, 2026 TO: Melissa Cabrera, Director of Finance FROM: Richelieu (Rich) M. Sese, Procurement Manager SUBJECT: Professional Auditing Services In order to maintain the public’s trust in the operation of the Finance Department the department undergoes an annual audit of operations from an outside auditing firm. Rubin Brown has been the auditor for eight (8) years. The auditing process takes three (3) to four (4) months of staff resources. City Code Sec. 8.06.004 When competitive bidding is not required, provides that “In the following cases, competitive bidding shall not be required if, in the judgment of the Procurement Manager, a lower price cannot be obtained by requiring competitive bids:” Based upon City Code and in my capacity as the Procurement Manager, I have determined that it is in the city’s best interest to proceed with Rubin Brown’s auditing services while preparing and conducting a competitive RFP for future audit services. Transitioning to a new external audit requires a significant investment of staff time as the new auditors obtain an understanding of the City’s operations, internal controls, accounting systems, and financial reporting processes. Although professional auditing standards require all auditors to obtain this understanding, an incumbent auditor has already developed the institutional knowledge, reducing staff disruption and improving efficiency during the audit, promoting continuity, and supporting the timely completion of the annual audit and issuance of the City’s financial statements. The Finance Department intends to issue a competitive Request for Proposals following completion of the FY2026 audit. This procurement will allow the City to evaluate the market, obtain competitive pricing, and determine whether to continue with the incumbent auditor or transition to another qualified firm beginning with the subsequent audit cycle. Richelieu (Rich) M. Sese, NIGP-CPP, CPPB Procurement Manager 20201 EAST JACKSON DRIVE * INDEPENDENCE, MO 64057 INDEPENDENCEMO.ORG Page 19 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize the City Manager to issue a blanket purchase order(s) to WEX Bank in the amount of $150,000 for fuel purchase, and authorizing up to ten percent (10%) of the authorized amount for future change orders, to support the Fire Department in Fiscal Year 2026-2027. Approved Recommendations: Council approval is recommended. Background: Fuel is essential to the operations of the Independence Fire Department. The department began a pilot program in January 2025 with QuikTrip, testing feasibility and access for refueling. Because of the multiple refueling locations across town provided by this program, staff are able to keep apparatus in their service areas while refueling. This allows for quicker response times, stations remaining staffed, as well as limiting unnecessary wear and tear on the Fire Department fleet. Emergency Justification: Fiscal Impact: Fiscal impact to the City totals $165,000.00, including a 10% contingency. Funding for fuel was included in the 2026-2027 Adopted Budget under the Fire Sales Tax (0174671-5316), page 68. Any change orders to purchase amounts are subject to budget availability. Council Action: Department / Fire Department / Contact REVIEWERS Jimmy Walker Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland Page 20 of 516 ATTACHMENTS: 1. WEX Co Op Agreement thru 2029 Page 21 of 516 STATE OF MISSOURI Statewide Contract OFFICE OF ADMINISTRATION DIVISION OF PURCHASING Notification FLEET PAYMENT SOLUTIONS WITH RELATED SERVICES (WEX FUEL CARDS) CC260007001 Issuance Date: December 15, 2025 Revision: December 17, 2025 CONTRACT PERIOD/RENEWAL OPTIONS Current Contract Period: December 15, 2025 through June 27, 2029 Original Contract Period: December 15, 2025 through June 27, 2029 Available Renewal Period Options: 3 Potential Final Expiration Date: June 27, 2032 ALL PURCHASES MADE UNDER THIS CONTRACT MUST BE FOR PUBLIC (STATE AGENCY) USE ONLY. PURCHASES FOR PERSONAL USE BY PUBLIC EMPLOYEES OR OFFICIALS ARE PROHIBITED. A state agency shall be defined as a division, section, bureau, office, program, board, regional/district office, etc., that exists within a department of Missouri State Government. For the purposes of this document, this shall also include the Judicial and Legislative branches of the State of Missouri. BUYER CONTACT INFORMATION Name: Danielle Gesch Email: danielle.gesch@oa.mo.gov Phone Number: (573) 751-3331 Page 1 of 16 Page 22 of 516STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING ORGANIZATION Statewide Contract History Contract Information Instructions and Information Contract Pricing Contract Scope of Work Appendix A – Satisfactory Survey Page 2 of 16 Page 23 of 516 STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING STATEWIDE CONTRACT HISTORY The following table summarizes actions related to this Notification of Statewide Contract: ACTION ISSUE SUMMARY OF CHANGES DATE 12/17/2025 Corrected final expiration date. 12/15/2025 Issuance of contract. Page 3 of 16 Page 24 of 516 STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING CONTRACT INFORMATION CC260007001 MissouriBUYS SYSTEM ID: MB00074278 Contractor Name: WEX Bank 111 East Sego Lily Drive, Suite 250 Contractor Address: Sandy, UT 84070 Contact Information: Name: Cory Herzog Phone Number: 801-347-9379 Email Address: cory.herzog@wexinc.com MBE, WBE, SDVE, BLIND/SHELTERED WORKSHOP PARTICIPATION MBE: No WBE: No SDVE: No Blind/Sheltered Workshop: No COOPERATIVE PROCUREMENT Cooperative Procurement: Yes Page 4 of 16 Page 25 of 516 STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING INSTRUCTIONS AND INFORMATION 1. MANDATORY USE: Any state agency needing the services shall be required to use the contract unless an exemption is granted by the Division of Purchasing. In addition, the contractor shall agree and understand that the contract shall not be construed as an exclusive arrangement and if it is in the best interest of the State of Missouri and approved by the Division of Purchasing, a state agency may obtain alternate services elsewhere. Local Purchase Authority shall not be used to acquire any other fuel credit card. State agencies are advised that the Office of Administration, Division of Accounting, does not allow state agencies to establish multiple credit card accounts with multiple credit card vendors. In addition, if the state agency has special fueling or vehicle service needs that WEX cannot meet, then the state agency may use local purchasing authority but only after first contacting the State Fleet Manager and the Division of Purchasing. 2. SCOPE OF WORK: Due to the large amount of information included in the contract’s Scope of Work, the information is not included in the Statewide Contract Notification. The information is available through the Awarded Bid & Contract Document Search at https://oa.mo.gov/purchasing/bidding-contracts/awarded-bid-contract-document-search or through MissouriBUYS at https://missouribuys.mo.gov//. 3. PURPOSE: The Division of Purchasing has awarded the above referenced contract for Fleet Payment Solutions with Related Services with WEX Bank. This contract replaces contract CC211293001 with WEX which expired September 7, 2025. State agencies shall continue to use their existing cards/accounts. The card and card services are free of charge. WEX will bill all State of Missouri accounts for purchases made on the WEX card less any fuel tax exemptions, allowed by law. Complete reporting of exempted taxes will be provided and shown on the invoice. Page 5 of 16 Page 26 of 516 STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING The following is a link to the Office of Administration, Division of General Services, State Fleet Management website: http://oa.mo.gov/general-services/state-fleet-management/contracts/wex-fuel-card The website is intended to provide additional details regarding the fuel card contract, direct access to the WEXOnline program and includes the Fuel Card Guidelines that all departments must follow. The state agency is advised that there is an existing statewide contract for tires. All acquisitions for tire replacement shall be made from the statewide tire contract unless the purchase in it is intended for emergency/repair. 4. COOPERATIVE PROCUREMENT: WEX will extend the fleet card program to members of the cooperative procurement program. All new cooperative procurement customers should contact WEX directly to set up their account. 5. SETTING UP AN ACCOUNT: State agency personnel should consult with their agency Fleet Manager regarding access to a WEX fuel credit card. All new accounts shall be established through their Fleet Manager by contacting WEX directly to set up the account and establish billing options or to resolve any account questions. Accounts are able to be set up based on the state agency’s specific needs. 6. CARD APPLICATION: Each department should have an assigned program administrator. Please contact your Financial Management Advisory Committee Representative (FMAC) to determine how your program will operate. Those entities not represented on FMAC should direct any inquiry to WEX as listed on page 1. Any request for fuel cards, including new, replacement, or lost/stolen cards, must be directed to WEX. 7. CARD AUTHORIZATION: Cards can be assigned to a vehicle/asset, driver or organizational unit (or cost center) in the fleet. When the card is swiped at the point of sale device, the driver will be prompted to enter a Driver ID (DID) and the odometer reading of the vehicle prior to receiving authorization for any transaction. Each DID can be assigned to one, many or all cards on the WEX account and can be generated by either WEX at random, or assigned by the fleet customer. The WEX card cannot be electronically activated without entering a valid DID. 8. CARD SET UP: Program Administrators and/or Fleet Managers within each department shall work with WEX to establish card limitations. Page 6 of 16 Page 27 of 516 STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING Custom Control cards permit all types of purchases at WEX excepting locations, including fuel, maintenance and other (such as general merchandise) items. Product type control options shall be selected with this card, allowing certain product categories to be selected. Fuel only cards permit the purchase of only fuel products, such as gasoline, diesel, or other alternative fuels. Accounts can be comprised of all Fuel Only cards, all Custom Control cards or a combination of Fuel Only and Custom Control cards. 9. MULTIPLE REPORTING LEVELS: The WEX system supports several different levels of hierarchy. Program administrators/fleet managers, shall determine the level they prefer to bill and/or report, with the ability to provision users of the online system as appropriate. Organizational units within accounts to support additional card groupings for authorization controls and reporting needs will also be determined by the program administrators. 10. WEX CUSTOMER SERVICE DEPARTMENT: The WEX Customer Service Department (CSD) is available 24 hours per day, 7 days per week. State Fleet Managers and card users can contact the CSD regarding questions related to the everyday use of the card and are trained to handle questions regarding account billing and reporting. A toll-free number for contacting the CSD is displayed on the back of the WEX card. The customer service representatives along with the PFS Account Manager will manage all day-to-day account maintenance issues. 10. BILLING: WEX will invoice state agencies on a monthly basis with the cycle closing date on the last day of the month. Invoices will include a complete list of all transactions for the invoicing period along with subtotals and a final summary. Billing statements may be submitted in electronic form via WEXOnline E-VAR or WEXLink, or through paper VAR (Vehicle Analysis Reports) as requested by the department when setting up the account with WEX. State agencies can view invoices and standard reports for 13 months and view transactional detail for 24 months via WEXOnline. WEXOnline electronic E-VAR provides agencies 24-hour access. WEXLink files allow customers to perform detailed analysis and reporting on their fleet account and can be merged with existing information management systems. Purchases are due and payable in full within 26 days of the date appearing on the invoice. 11. DISPUTED CHARGES: WEX does not bill less disputed charges. The state agency will receive a credit if a dispute is found in the State’s favor. State agencies shall contact WEX via fax at (800) 395-0809 or by mail at Customer Service, Wright Express, 97 Darling Ave., South Portland, Maine 04106. The disputed charges must be identified and a basis for the dispute must be provided. WEX will commence an investigation to determine the validity of the charge in dispute and then either provide a credit or take no further action if the error cannot be substantiated. In any event, a written explanation of the outcome will be provided. In the case of a disputed charge, WEX will make every effort to complete the following within 24 hours notice by the state agency or as soon as possible and within a reasonable period of time: • Resolve questioned/disputed charges appearing on the statement Page 7 of 16 Page 28 of 516 STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING • Credit the state agency’s account, pending resolution of the questioned/disputed item • Process refunds for items resolved in the state agency’s favor 12. REBATES/DISCOUNTS: WEX is offering Monthly Retail Transaction Based Rebates and Payment Timing (Early Payment) Rebates as well as Merchant Rebates. Monthly Retail Transaction Based Rebates: The monthly retail transaction based rebate is contingent upon the entity paying in full within 30 calendar days of the billing date that appears on the invoice and pays certain basis points dependent upon monthly retail transactions as follows: Monthly Retail Transactions Basis Points (Rebate Percentage) No minimum spend requirement. 185 basis points (1.85%) Payment Timing (Early Payment) Rebates: WEX’s payment timing rebate is contingent upon payment in full within a certain number of days of the billing date appearing on the invoice and pays basis points as follows: Bill Presentment Payment Timing Options: Basis Points (Rebate Payment in full within the Percentage) following calendar days of the billing date appearing on your invoice Monthly 0 20 basis points (0.20%) Monthly 1 19 basis points (0.19%) Monthly 2 18 basis points (0.18%) Monthly 3 17 basis points (0.17%) Monthly 4 16 basis points (0.16%) Monthly 5 15 basis points (0.15%) Monthly 6 14 basis points (0.14%) Monthly 7 13 basis points (0.13%) Monthly 8 12 basis points (0.12%) Monthly 9 11 basis points (0.11%) Monthly 10 10 basis points (0.10%) Monthly 11 9 basis points (0.09%) Monthly 12 8 basis points (0.08%) Page 8 of 16 Page 29 of 516 STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING Monthly 13 7 basis points (0.07%) Monthly 14 6 basis points (0.06%) Monthly 15 5.5 basis points (0.055%) Monthly 16 5 basis points (0.05%) Monthly 17 4.5 basis points (0.045%) Monthly 18 4 basis points (0.04%) Monthly 19 3.5 basis points (0.035%) Monthly 20 3 basis points (0.03%) Monthly 21 2.5 basis points (0.025%) Monthly 22 2 basis points (0.02%) Monthly 23 1.5 basis points (0.015%) Monthly 24 1 basis points (0.01%) Monthly 25 0.5 basis points (0.005%) Monthly 26 0 basis points 13. LOST/STOLEN/TERMINATED CARDS: The account administrator or card custodian should report any lost or stolen cards immediately to WEX by contacting their Customer Service Department (CSD) at (800) 492-0669. Access to the CSD is available 24 hours per day, 365 days per year. Administrators can also notify WEX of lost, stolen or unauthorized use through WEXOnline. Agencies will be liable to WEX for all unauthorized use of a card until notification of such use. Upon reporting a lost or stolen card, it is immediately invalidated in the WEX system. After cancellation, all electronic authorizations associated with the card are declined at the time a purchase is attempted. Upon receipt of proper notification, agencies will be relieved from any liability for any subsequent charges made to the card. In addition, the program administrator should contact WEX regarding the termination/cancellation of cards. Upon request of only the state agency account administrator or manager, WEX will provide a replacement card within 2-3 business days of card cancellation. 14. REPORTS: WEX offers their WEXOnline reporting tool. Four (4) standard reports are available online. WEX also offers customized reports that can be designed in several formats and will provide on an adhoc or regularly scheduled basis. Account Review documents are also available that includes a rolling 13-month review of data for several key data elements. Additionally, WEX will provide an Opportunity Report to assist in identifying areas where the State can realize cost savings by benchmarking purchasing at the zip code level to the WEXIndex average. Merchant Minority and Tax Reports are also available to support 1057 and 1099 requirements. Page 9 of 16 Page 30 of 516 STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING 15. WEXOnline SYSTEM: WEXOnline is WEX’s reporting and analysis tool for Fleet Managers to use in managing their fleets. WEXOnline provides 24-hour access to actionable account information, expense management, online reporting, and real-time account management functionality. The dashboard page allows the review of pending actions, authorizations, access accounts and access to favorites/quick links. WEXOnline also provides a Fleet Manager module allowing for the management of day-to- day activities related to the fuel card program including administrator functions, account maintenance functions, and invoice and payment functions. Twenty-four (24) months of transaction data and 13 months of invoice data is accessible online. WEXOnline offers the Expense Manager module providing comprehensive expense management tools, allowing fleets to set up approval hierarchies and manage accounting functions related to fleet purchases down to the transaction level. In addition, WEXOnline provides a comprehensive reporting module, including ad hoc reports, standard reports, exception reports and customized reports. 16. FEE: There is no charge to use the WEX program. Cards, electronic transfer of data, ad hoc reporting, online account management, 24-hour help line and training are provided free of charge. Access to roadside assistance is also provided free of charge, however any ensuing service performed would be charged. 17. LOCATIONS: The WEX card can be used for the purchase of all vehicle fuel types, vehicle repairs and vehicle-related supplies at all WEX accepting locations. Through the AVCARD program, state agencies can manage aircraft fueling, maintenance and related activities. In addition to the WEX Fleet Card account, WEX will set up an AVCARD account. The AVCARD card allows the purchase of fuel and services from all AVCARD acceptors and/or contract fuel suppliers. A list of acceptors is available at www.avcard.com. For merchants that do not accept the card, AVCARD offers merchants a one-time acceptor option. With an AVCARD account, users automatically participate in the Contract Fuel Program allowing all to receive significant savings on jet fuel purchases anywhere in the world. The AVCARD program is available at no additional charge. WEX offers an Alternative Fuel Directory identifying accepting merchants supplying Ethanol, natural gas (CNG, LNG), propane (LPG), hydrogen, biodiesel, methanol, and other alternative Page 10 of 16 Page 31 of 516 STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING fuels. The directory is available in CD format, downloadable from WEXOnline, or can be provided in hard copy for use in agency vehicles. WEX offers extensive acceptance coverage for service and maintenance needs through the WEX Service Network. The WEX Custom Control cards can be used to purchase tires, transmissions, brakes, mufflers, oil changes, glass replacement, car washes plus other routine vehicle maintenance needs. The WEX card is currently accepted by national brands providing services such as preventative maintenance, glass claim services, major automotive repair, and road and tow. WEX offers pay-at-the-pump credit card service at all major gasoline brands both nationwide and in Missouri. The following lists the major companies currently participating in WEX’s fuel card program. A complete list of all fueling stations can be found on the WEX website. 18. ONLINE VENDOR SEARCH: WEX provides fleet managers and drivers the ability to search for accepting locations and fuel price information directly from the desktop through their “Daily Best Fuel Price” and “Fuel Price Mapping” tools. The Daily Best Fuel Price tool allows drivers to query available locations and receive the following station information in lowest to highest price order: • Name, address and phone number of site • Product and price • Date price was last updated The Fuel Price Maps have both satellite and standard may views. Real-time prices reflect the most recent WEX transaction and are continually updated. Search criteria include address, city, state, zip code, brand and PPG. A searchable directory is available through WEXOnline or at the WEX web site at http://www.wrightexpress.com/WEX/wex-universal- locations.cfm. Search criteria include, city, zip code, state, site type (fuel or service), brand name and site name. 19. TAX EXEMPT PURCHASES: WEX will process all fuel transactions, including aviation gasoline (av gas), exempt of federal excise taxes. WEX cannot, however, exempt aviation jet fuel. State agencies are advised to notify the retailer of Missouri’s tax exempt status prior to a transacting a purchase for a non-fuel item made with the WEX card. State agencies are further advised to check all receipts and WEX invoices to make sure that the federal excise tax is being exempted. Page 11 of 16 Page 32 of 516 STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING 20. ROADSIDE ASSISTANCE: WEX provides card users toll free access to emergency roadside assistance for their fleets, 24 hours per day, 7 days per week. Roadside assistance services include towing, mechanical first aid, jump starts, tire changes, lockout assistance, and fuel/water delivery. The WEX card is accepted by the National Automobile Club’s FLEET RESCUE emergency roadside assistance program. FLEET RESCUE provides card users with a reliable, toll-free, 24-hour, 365 day a year provider of high-quality roadside assistance program. Drivers will have no out-of-pocket expenses at the time of service. FLEET RESCUE offers the same roadside assistance services as described above. Card users can contact FLEET RESCUE toll- free at (866) 329-3471. The actual costs of services performed will appear on the agency’s WEX invoice; there is no longer a service charge for Roadside Assistance. 21. OTHER FLEET MANAGEMENT SERVICES: As a MasterCard issuing bank, WEX is offering WEXPay. WEXPay is a tool enabling out-of-network purchases at an additional 500,000 merchants in the MasterCard network. WEXPay is typically used for independent or geographically remote fuel and service sites, however provides the control of a fleet card with the convenience of a credit card. Use of WEXPay is intended to reduce the number of sites where card users would have to use an alternative form of payment. 22. FLEET SERVICES AND REPAIR: The WEX card can be used for the purchase of vehicle service; however state agencies are advised that all vehicle servicing repair or maintenance must first be referred to the Office of Administration State Garage if the fleet car is part of the agency’s Jefferson City fleet. The OA Garage may be contacted by calling 573-751-4286. WEX has agreements with several repair and supplies vendors where discounts are available for supplies and services. 23. LATE FEES/ACCOUNT SUSPENSION: Accounts will be suspended 70 days after invoice date if payment is not received by WEX. WEX will make phone calls and send emails to account/billing contacts prior to suspension. WEX recommends secondary account contacts in case there are staffing changes. At 70 days, the account will be suspended if other arrangements have not been made -- cards will not work. At 120 days, the account will be shutoff. 24. CLEARVIEW DATA ANALYTICS PLATFORM: Wex provides their ClearView Data Analytics Platform - Fuel Analysis Package to include volume and spend, exceptions, community, and admin modules. The package provides for trend and “outlyer” analysis, as well as drill-down to driver and vehicle transaction detail; identifying and acting on product miscodes; Page 12 of 16 Page 33 of 516 STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING identifying and addressing inaccurate odometer entries; and other tools for improved fuel management and saving fuel dollars, at a monthly fee of $0.20 per active card. 25. CONTRACT MANAGEMENT: a. The state agency should monitor, measure, and manage the contractor’s performance of services and delivery of products according to the contractual requirements. Please refer to the Contract Management Guide: https://oapurch.state.mo.us/procurementsources.shtm b. In the event your state agency encounters any issues or has any concerns or questions regarding the contract, please contact the Division of Purchasing in writing to the attention of the buyer shown on the front page of this document. c. To assist the Division of Purchasing in monitoring the performance of the contractor and ensuring quality services are provided to state agencies, state agencies are strongly encouraged to submit documentation regarding the contract and contractor performance to the Division of Purchasing to the attention of the buyer listed on the front page of this document. 26. SATISFACTION SURVEY: Customer service is a top priority. The Division of Purchasing desires to work with state agencies to identify solutions if there are any contract concerns. State agencies are encouraged to complete the Satisfaction Survey, Appendix A, regarding their experience with the contract. Please submit your completed survey to the Division of Purchasing to the attention of the buyer shown on the front page of this document. Page 13 of 16 Page 34 of 516 STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING WEST UNIVERSAL FLEET CARD FEE SCHEDULE Set-up Fee WAIVED Monthly Card Charge WAIVED Replacement Card WAIVED International Currency Conversion Fee 2% of the total transaction value Reproduced Reports $25.00 per request General Research Fee $15.00 per hour Expedited Shipping Fees Cost varies Returned Payment Fee $50.00 per occurrence Reactivation Fee $50.00 per occurrence (max monthly fee of $50.00) Truck Stop Fee $3.00 per card swipe at a diesel pump1 Paper Delivery Fee $10.00 per month for paper invoicing and reporting Clearview Essentials WAIVED Clearview Advanced $0.50 per active card, per month Private Site Transaction Fee $0.15 per transaction WEX TELEMATICS PRICING Pricing for additional products and services is available upon request or reflected on the enrollment forms or in the terms of use that you must agree to in order to receive the additional products and services. Page 14 of 16 Page 35 of 516 STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING Appendix A Satisfaction Survey This satisfaction survey is provided for users to report good and/or poor contractor performance. Any contract user may complete the survey and return it to the buyer identified on page one of this notice. Users are advised that serious contractor performance issues should be immediately reported to the buyer identified on page one of this notice. GENERAL CONTRACT INFORMATION Statewide Fuel Cards with Related Services Contract Number: CC211293001 Contractor Name: WEX Bank PRODUCT RATING EXPLANATION Yes:☐ No:☐ Do the products meets the needs of your agency: If no, please explain: Yes: No: Do the products the meet the contract ☐ ☐ specifications? If no, please explain: Page 15 of 16 Page 36 of 516 STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING Appendix A Satisfaction Survey CONTRACTOR PERFORMANCE EXPLANATION Yes: No: Did the contractor deliver products in ☐ ☐ accordance with the delivery timelines in the contract? If no, please explain: Describe the responsiveness of the contractor Please explain: to inquiries. Yes: No: Has your agency encountered any problems ☐ ☐ with the contractor? If so, how would you rate their ability to resolve the problem? If no, please explain: Yes:☐ No:☐ Were the contractor’s employees courteous? If no, please explain: SURVEY COMPLETED BY: Name: State Agency: Email: Date: AVAILABILITY TO SERVE AS AN EVALUATOR: At the time of rebid, would you be available, and like to be considered, to serve as a Yes:☐ No:☐ member of the evaluation team? Please submit your completed survey to the Division of Purchasing to the attention of the buyer shown on the front page of this document. Page 16 of 16 Page 37 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize the City Manager to issue a purchase order(s) in the amount of $200,000 to MacQueen for turnout gear, and authorizing up to ten percent (10%) of the authorized amount for future change orders, to support Fire Department personnel in the Fiscal Year 2026-2027. Approved Recommendations: Council approval is recommended. Background: The Fire Department is continuously in need of personal protective equipment, including turnout gear, for incoming and current fire-fighting personnel. This request is for the purchase of up to 50 sets of turnout gear to be issued to new personnel and replacement of existing gear that is aged out and no longer serviceable issued to current personnel. This PO will also provide for the purchase of 12 pairs of boots and 12 helmets for new personnel. MacQueen has been awarded service due to being the recipient of a cooperative contract (Sourcewell #011824). Per section 8.06.004, Paragraph 4 of the City Code states that competitive bidding is not required when purchases are made through a cooperative contract established by a government purchasing entity or cooperative. The cooperative bids used will have been established pursuant to RSMo. 70.220 or generally accepted governmental purchasing practices through the competitive bidding process. Emergency Justification: Fiscal Impact: The fiscal impact to the City totals $200,000. Funding is included on page 68 (0174671-5313) of the fiscal year 2026-2027 adopted budget. Council Action: Department / Fire Department / Contact Page 38 of 516 REVIEWERS Jimmy Walker Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Gear Est4034 7-1-26.cleaned 2. MSA Safety Contract 011824.cleaned Page 39 of 516 PARTS ESTIMATE ESTIMATE #: EST4034 CUSTOMER PO: LOCATION: SALES REP: E095271 Adam Payne Delafield 350 Austin Circle DATE: 7/1/2026 Delafield WI 53018 US EXPIRES: 7/31/2026 ESTIMATE TOTAL: 4,553.29 BILL TO: SHIP TO: OFFICE PHONE: (816) 325-7160 Jeremy Watters (816) 769-6864 Jeremy Watters (816) 769-6864 EMAIL: accountspayable@indepmo.org Independence MO, City of Fire Department Independence MO, City of Fire Department 950 North Spring Street 950 North Spring Street Independence MO 64050 Independence MO 64050 United States United States CONTACT INFO: Name:CUST04276 Independence MO, City of Fire Department : Jeremy Watters Email:jwatters@indepmo.org SHIPPING METHOD: PART # DESCRIPTION UOM QTY PRICE EXT. PRICE MSA-10221007 FH CAIRNS, 880, BLK, BOURKES, BLACK NX Ea 1 480.48 480.48 GMC-G200001 GLOBE GRD HOOD Ea 1 126.96 126.96 GMC-120A420 Quoting SUPREME™ 14” Pull-On w/Arctic Grip - for quoting purposes only Ea 1 658.35 658.35 GMC-G-Xcel Coat Globe G-Xcel Coat Ea 1 1,839.13 1,839.13 GMC-GPS Pant Globe GPS Pant Ea 1 1,448.37 1,448.37 CUSTOMER MEMO: TOTAL PARTS: $4,553.29 shipping not included OTHER CHARGES: $0.00 DISCOUNT AMOUNT: 0.00 SUBTOTAL: 4,553.29 TAX TOTAL: $0.00 SHIPPING TOTAL: 0.00 HANDLING TOTAL: 0.00 ESTIMATE TOTAL: $ 4,553.29 Page 1 of 1 Page 40 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize the City Manager to issue a change order to TC Fuller Construction, LLC in the amount of $21,643.40 for the parking lot project at Fire Station 1. Approved Recommendations: Council approval is recommended. Background: The Fire Department is undertaking a major renovation and construction initiative involving multiple fire stations. As part of this effort, Fire Station No. 5 will be demolished and replaced with a newly constructed facility located at the existing site. During construction, the station’s staff and equipment will be temporarily reassigned to Fire Station No. 1. This temporary relocation necessitates expanding the parking lot at Station No. 1 to accommodate the additional personnel and apparatus. To complete this work, staff engaged TC Fuller Construction LLC. The contractor demolished and graded the existing parking lot, performed necessary repairs and applied new asphalt at a total cost of 100,818.03 (previously approved by Council). A change order for final restoration is now required, totaling an additional $21,643.40. Emergency Justification: Fiscal Impact: The fiscal impact to the City is $21,643.40. This was a budgeted capital expenditure and is found in the 2024-2025 Adopted Budget, page 230, account number (0537053-5406). Council Action: Department / Fire Department / Contact REVIEWERS Jimmy Walker Melissa Cabrera Page 79 of 516Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. TC Fuller Page 80 of 516TC Fuller Construction LLC 35702 E State Route B Garden City, MO 64747 US +18166990468 charlie@tcfullerconstruction.com INVOICE BILL TO INVOICE 26-028-04 City of Independence MO DATE 07/01/2026 City of Independence MO TERMS Net 30 DUE DATE 07/31/2026 DATE DESCRIPTION QTY RATE AMOUNT Restoration City of Independence Fire Station 1 21,643.40 21,643.40 Parking Lot SUBTOTAL 21,643.40 Ways to pay TAX 0.00 TOTAL 21,643.40 BALANCE DUE $21,643.40 View and pay to k e n = 4 9 d 8 5 7 7 fb 8 1 0 4 8 e a a 8 5 7 d 1 7 f4 7 6 2 a 8 4 6 3 7 b a 8 b 6 9 1 9 e f4 c d c 8 4 d 0 0 2 b c 4 c 5 e e 5 0 3 7 b 0 b 2 9 3 d 0 2 2 f4 6 c e b 3 fb e 2 3 c 3 0 3 0 b 9 b f Page 1 of 1 Page 81 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize the City Manager to issue a purchase order to Life Scan Wellness Centers in the amount of $181,000 for mandatory physicals, and authorizing up to ten percent (10%) of the authorized amount for future change orders, to support the Fire Department in Fiscal Year 2026-2027. Item passes 7-0 Recommendations: Council approval is recommended. Background: Through the collective bargaining process, the City of Independence and IAFF Local #781 have agreed to the Mandatory Annual Physicals that comply with the NFPA (National Fire Protection Association) 1582 (Standard on Comprehensive Occupational Medical Program for Fire Departments) 2022 Edition and NFPA 1583 (Standard on Health-Related Fitness Programs for Fire Department Members) 2022 Edition for all members of the Independence Fire Department. This is a budgeted item that is funded through the Public Safety Sales Tax Fund. Services include onsite blood draws, cardiac stress testing, audiology exams, chest x-rays, comprehensive metabolic panel review with a qualified Nurse Practitioner, and a body core sonogram for cancer screening. In addition, approval will authorize the Finance Director to issue change orders up to a total of ten (10) percent of the original authorized amount, provided appropriations are available. Emergency Justification: Fiscal Impact: The fiscal impact is $199,100, including contingency, and can be found under the Fire Protection Sales Tax (017) within the fiscal year 26-27 adopted budget page 68, account 0174671-5226. Council Action: Department / Fire Department / Contact Page 82 of 516 REVIEWERS Jimmy Walker Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. 2026 Department Scheduling and Additional Testing Agreement v3 2. Independence Fire, MO MFFCIP 2026 Quote - Life Scan 3. KCFD Life Scan Contract Amendment 3 4. KCFD Life Scan Contract Amendment 2 5. KCFD Life Scan Contract Amendment 1 6. 2022 KCMO FD Life Scan Contract Page 83 of 516Page 84 of 516Page 85 of 516 Life Scan Wellness Centers 1011 N Macdill Ave Tampa, FL 33607 813-876-0625 Quote Date Sent: 2026-03-26 Prepared for Independence Fire Department Exp. Date: Independence, MO 2026-12-31 # Member Exams: TBD Chief Craig Duplantis NAME PRICE QTY SUBTOTAL Comprehensive Hands On Physical $775.00 1 $775.00 Includes Mandatory Administrative, EMR, and Data Fee with Behavioral Health Assessments $775.00 Total Per Person $775.00 This quotation is subject to the following terms and conditions: 1. While our pricing is listed on a per-patient basis for transparency, please note that departments will be billed per day of service. Each scheduled day includes up to 9 patient slots, and we staff and travel our clinical teams accordingly. This structure ensures operational efficiency and cost-effectiveness, especially when departments request extended service periods (e.g., 4 weeks or 20 days). If you do not meet the requirements to fill a day or week please discuss with scheduling 2. Minimum of 5 days or 45 appointments to come on site. Can combine multiple departments or use self pay spouses and retirees to get to this number. 3. Pricing subject to annual increase Additional Info: We have added partnered with a radiologists and cardiologists across the country to provide reads for all US images, pricing is listed in optional tests section of this quote. Detailed scope of work can be found on page 2 Additional testing that can be added to the exam is listed on page 3 & 4 Page 86 of 516 Life Scan Wellness Centers 1011 N Macdill Ave Tampa, FL 33607 813-876-0625 Public Safety Physical Exam (NFPA 1582 Compliant) Medical & Occupational/Environmental Questionnaire Included Comprehensive Hands-On Physical Exam Included Vital Signs: Height, Weight, Blood Pressure, Pulse Included Behavioral Health Eval - Epworth Sleep, PCL-5, PHQ-9 Included Back Health Evaluation Included Urinalysis Included Audiogram Included Titmus Occupational Vision Exam Included Breast Exam with Self-Exam education Included Personal Consultation with review of testing results Included Laboratory Tests: Comprehensive Metabolic Panel, Blood Chemistry Included Complete Blood Count, Hematology Panel Included Hemoccult Stool Test for Colon Cancer Screening Included Total Lipid Panel Included Thyroid Test TSH Included Glucose Included Hemoglobin A1C Included Men: PSA (Prostate cancer marker) and Testosterone Included Women: CA-125 Included Ultrasound Screenings (Early Detection of Heart Disease and Cancer): Echocardiogram (Heart Ultrasound) Included Carotid Arteries Ultrasound Included Aorta and Aortic Valve Ultrasounds Included Liver Ultrasound Included Gall Bladder Ultrasound Included Kidneys Ultrasound Included Spleen Ultrasound Included Bladder Ultrasound Included Thyroid Ultrasound Included Men: Prostate and Testicular Ultrasounds Included Women: Ovaries and Uterus Ultrasounds Included Cardiopulmonary Testing & Fitness Eval (NFPA 1583 &IAFF WFI) Cardiac Stress Test (Treadmill with 12 lead, sub-maximal) Included EKG, 12 Lead Included Page 87 of 516 Life Scan Wellness Centers 1011 N Macdill Ave Tampa, FL 33607 813-876-0625 Public Safety Physical Exam (NFPA 1582 Compliant) Spirometry, PFT with OSHA Respirator Medical Clearance Included Fitness tests for muscular strength & endurance Included VO2 Max Calc for Aerobic Capacity Included Body Weight and Composition Included Personal Fitness Rx Included OPTIONAL TESTS AVAILABLE LINE ITEM COST Radiology Overread for US Images Available Upon Request Guardian Fitness, Nutrition, & Mental Health App Subscription - Per Member for the entire year, please ask $36.00 for more info regarding the app and its benefits Phlebotomist (Blood Draw) Fee - Sending phlebotomist on site to draw blood $36.00 Labs Drawn without Appointment -Labs performed but no Life Scan appointment attended $100.00 Form Fee - Add'l forms needing to be filled out by APRN (per form) $50.00 Secure Wifi if not provided by department (per week) $50.00 Chest X-Ray, 2 view with radiologist review $108.00 Lumbar X-Ray, 2 view with radiologist review $108.00 Hazmat Cholinesterase $108.00 Hazmat Heavy Metals $108.00 Lithium Ion Battery Exposure Panel - Lithium, Cobalt, & Manganese $128.00 iFit Stool test - Colon Cancer screening $56.00 Hepatitis A Screening Test $71.00 Hepatitis A Titer $51.00 Hepatitis B Screening Test $85.00 Hepatitis B Titer $47.00 Hepatitis C Screening Test $78.00 HIV Test, Gen 4 $43.00 PPD TB Skin Test $43.00 QuantiFeron Gold TB Blood Test $114.00 Tdap (Tetanus, Diphtheria, Pertussis) Titer $43.00 Varicella Titer $40.00 Page 88 of 516 Life Scan Wellness Centers 1011 N Macdill Ave Tampa, FL 33607 813-876-0625 OPTIONAL TESTS AVAILABLE LINE ITEM COST Nicotine $83.00 Cortisol $20.00 Vitamin D $27.00 Apolipoprotein B $27.00 C-reactiveProtein $22.00 Homocysteine $22.00 Lp(a) Cardiac Inflammation Test $44.00 OSHA Respirator Mask Fit Testing (PortaCount) - Minimum 45 unless otherwise negotiated $68.00 Drug Screen, I CUP $68.00 Drug Rescreen with confirmation $78.00 Medical Review Officer (MRO) as indicated/secondary review $156.00 Page 89 of 516 Life Scan Wellness Centers 1011 N Macdill Ave Tampa, FL 33607 813-876-0625 Page 90 of 516Docusign Envelope ID: 502CB0C6-24E1-4D9A-93B6-E93B9B6E9FA4 GENERAL SERVICES CONTRACT AMENDMENT NO. 3 PROJECT/CONTRACT NO. EV2832 Physicals For Kansas City Fire Department (KCFD) This master contract for products and services is made between KANSAS CITY, MISSOURI, a constitutionally chartered municipal corporation (City), and Life Extension Clinics, Inc. D/B/A Life Scan Wellness Centers, whereby the parties desire to amend Contract No. EV2832 entered into on January 12, 2022 as follows: WHEREAS, City previously entered into a contract with CONTRACTOR to provide physicals for Kansas City Fire Department; and WHEREAS, City previously entered into an amendment 1 and 2 with CONTRACTOR to increase price for employee physical exam; and WHEREAS, the parties now wish to renew the contract and increase pricing for employee physical exams . NOW THEREFORE, the parties agree to the following Amendment No. 3: Section 1.Term of Contract This Contract Renewed for one additional year from August 17, 2025 and shall end no later than August 18, 2026. The procurement manager is authorized to enter into a renewal term for this Contract for up to three (3) renewal years. Renewals will be processed via City renewal modification. Section. 2. Compensation The following section(s) are hereby added to the Contract, Increasing pricing as set forth below Payment 1. Exam Pricing: The base price per physical exam shall be $680 (reflecting a 5% increase). 2. EMR Fee: A $15 electronic medical record (EMR) fee will be added to the invoice for each completed exam. 3. Daily Rate: KCFD shall pay a flat daily rate of $5,560 for each scheduled and staffed day, regardless of the number of exams performed. This daily payment covers staffing and scheduling. The EMR fee will only be charged for exams completed. • Example: Whether 6 exams or 10 exams are completed on a given day, the payment remains $5,560. • No additional per-exam fees will be billed unless and until the total number of completed exams for the year exceeds 1,208. Page 91 of 516 Document Ref: HYZRJ-8WSY5-3K79W-YVR4X Page 1 of 5Docusign Envelope ID: 502CB0C6-24E1-4D9A-93B6-E93B9B6E9FA4 4. A one-time administrative fee of $17,057 will be charged to KCFD for 461 exams that took place between April 14, 2025, and August 17, 2025. 5. Additional Exams: Exams performed above the 1,208 scheduled annual physicals will be invoiced separately at the per-exam rate of $680, plus the $15 EMR fee. 6. Vendor Cancellations: Days or partial days cancelled by the vendor will not be invoiced until rescheduled and completed. The vendor must provide at least 72 hours’ notice to KCFD for any cancellation. Payment will be due upon completion of the rescheduled day. 7. Additional Testing: The RCRA 8-panel heavy metals screen will be added to the "Additional Tests" price list and invoiced as a separate line item when utilized. Vendor will provide pricing to KCFD once determined. Scheduling 8. Vendor and KCFD have agreed to 151 staffed days on site. 9. The specific schedule of on-site days must be agreed upon annually and incorporated into the Statement of Work (SoW) for each renewal year. Section 3. Responsibilities of Contractor. Contractor shall perform the Scope of Services for the line item compensation set forth below : 1. Vendor shall ensure adequate staffing on each scheduled day to conduct two rounds of physicals (morning and afternoon). 2. KCFD is responsible for scheduling employees and securing appropriate locations. KCFD must ensure that four employees are present in each round (morning and afternoon). 3. Any modifications to these terms during the performance period must be made in writing and agreed to by the contract administrators for both parties. Limitations This contract applies solely to the conduct of KCFD annual medical evaluations of incumbent employees. Any other services will require a separate contract and are subject to standard City policies regarding solicitation, evaluation, and award. Page 92 of 516 Document Ref: HYZRJ-8WSY5-3K79W-YVR4X Page 2 of 5Docusign Envelope ID: 502CB0C6-24E1-4D9A-93B6-E93B9B6E9FA4 Section 4. Section Not Amended. All other sections of the Contract shall remain in effect. Section 5. Effectiveness; Date. This amendment will become effective when all parties have signed it. The date this amendment is signed by the last party to sign it will be deemed the date of this amendment. Each party is signing this amendment on the date stated opposite that party’s signature. CONTRACTOR I hereby certify that I have the authority to execute this document on behalf of CONTRACTOR. Contractor: __________________________________ By: ________________________________________TODD LEDUC Date: _______________________9/3/2025 Title: _______________________________________CEO APPROVED AS FORM ___________________________________________ Date: _______________________9/3/2025 Assistant City Attorney (Date) KANSAS CITY, MISSOURI By: ________________________________________ Date: _______________________9/3/2025 Title: ______________________________________Assistant Chief Procurement Officer Page 93 of 516 Document Ref: HYZRJ-8WSY5-3K79W-YVR4X Page 3 of 5 Addendum to GENERAL SERVICES CONTRACT AMENDMENT NO. 3 PROJECT/CONTRACT NO. EV2832 Physicals for Kansas City Fire Department (KCFD) Effective Date: 12-19-2025 Purpose of Addendum The purpose of this Addendum is to modify the scope of services under the Contract to include additional laboratory testing and establish a quarterly reporting structure for accountability and progress tracking. Addendum to Scope of Services The following tests shall be added to the services provided under the Contract: 1. Hepatitis B Antibody and Titer Testing 2. MMR (Measles, Mumps, Rubella) Antibody and Titer Testing 3. Varicella (Chickenpox) Antibody and Titer Testing These tests will be performed in accordance with applicable medical standards and included in the physical examination protocol for KCFD personnel. Quarterly Reporting Structure Contractor shall provide quarterly reports to KCFD containing the following information: • Total number of physicals scheduled • Total completed • Total invoiced and paid • Key findings or trends identified during exams Reports shall be delivered on or as close to the following dates as Life Scan is able to provide: • April 1, 2026 • July 7, 2026 (adjusted for closure during the first week of July) • October 1, 2026 • End of Year Summary (by January 6th, 2027) Compensation Pricing for the additional services shall be as provided in the most recent quote issued by Contractor and accepted by KCFD. All Other Terms Except as expressly amended herein, all other terms and conditions of the Contract remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date. Life Scan Wellness Centers Signature: Page 94 of 516 Document Ref: HYZRJ-8WSY5-3K79W-YVR4X Page 4 of 5 CEO Title: __________________________ Date: __________________________ 12-19-2025 Kansas City Fire Department Signature: Chief of Health Title: __________________________ Wellness and Safety Date: __________________________ 12-19-2025 Page 95 of 516 Document Ref: HYZRJ-8WSY5-3K79W-YVR4X Page 5 of 5REF. NUMBER DOCUMENT COMPLETED BY ALL PARTIES ON HYZRJ-8WSY5-3K79W-YVR4X 19 DEC 2025 17:25:09 UTC SIGNER TIMESTAMP SIGNATURE SENT REGGIE MCKEITHEN 19 DEC 2025 14:42:54 EMAIL VIEWED REGGIE.MCKEITHEN@KCMO.ORG 19 DEC 2025 16:47:22 SHARED VIA SIGNED IP ADDRESS LINK 19 DEC 2025 17:15:08 205.167.180.254 LOCATION KANSAS CITY, UNITED STATES SENT TODD LEDUC 19 DEC 2025 14:42:54 EMAIL VIEWED TODD.LEDUC@LIFESCANWELLNESS.COM 19 DEC 2025 17:23:43 SIGNED IP ADDRESS 19 DEC 2025 17:25:09 99.45.224.116 LOCATION BOCA RATON, UNITED STATES RECIPIENT VERIFICATION EMAIL VERIFIED 19 DEC 2025 17:23:43 Signed with PandaDoc PAGE 1 OF 1 Page 96 of 516DocuSign Envelope ID: D488EBDC-CC0C-4FE0-9A4E-D1F786AB641F GENERAL SERVICES CONTRACT AMENDMENT NO. 2 PROJECT/CONTRACT NO. EV2832 Physicals For Kansas City Fire Department (KCFD) This master contract for products and services is made between KANSAS CITY, MISSOURI, a constitutionally chartered municipal corporation (City), and Life Extension Clinics, Inc. D/B/A Life Scan Wellness Centers, whereby the parties desire to amend Contract No. EV2832 entered into on January 12, 2022 as follows: WHEREAS, City previously entered into a contract with CONTRACTOR to provide physicals for Kansas City Fire Department; and WHEREAS, the parties now wish to amend the contract to remove the following scope of work. The scope covering pre-employment physical exam will be remove from the contract. The parties wish to increase pricing for employee physical exams NOW THEREFORE, the parties agree to the following Amendment No. 2: Sec. 1. Sections Amended. The following section(s) are hereby removed from the Contract: Remove Attachment D- Pre-employment Physical Exam Sec. 2. Sections Amended. The following section(s) are hereby added to the Contract Increase pricing by 8%. Please see attachment Sec. 3. Section Not Amended. All other sections of the Contract shall remain in effect. Sect. 4. Effectiveness; Date. This amendment will become effective when all parties have signed it. The date this amendment is signed by the last party to sign it will be deemed the date of this amendment. Each party is signing this amendment on the date stated opposite that party’s signature. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 1 of 2 (6.25.19) Page 97 of 516DocuSign Envelope ID: D488EBDC-CC0C-4FE0-9A4E-D1F786AB641F CONTRACTOR I hereby certify that I have authority to execute this document on behalf of Contractor. By: Date:______________________8/17/2023 _______________________________________ Title: ______________________________________CEO _ KANSAS CITY, MISSOURI By: Date:______________________8/18/2023 _______________________________________ Title: _____________________________________Procurement Manager __ Approved as to form: 8/17/2023 Assistant City Attorney MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 1 of 2 (6.25.19) Page 98 of 516DocuSign Envelope ID: D488EBDC-CC0C-4FE0-9A4E-D1F786AB641F Payment: 1. Pricing will increase to $648 per exam (8%) 2. A $10 EMR (electronic medical record) fee will be added at invoicing for each completed exam. 3. Vendor will receive payment for eight exams ($5184) on each day scheduled and staffed. It is the responsibility of KCFD to ensure all slots are filled. The $10 EMR charge will be added for each exam completed on any day, (to wit: should KCFD fail to fully fill all slots, vendor will receive the $5184 payment for the day but the $10 EMR fee will only be applied to exams actually completed on any day). 4. Additional exams above those eight on any day will be invoiced separately and paid according to the per exam pricing (above the guaranteed minimum). For example, should nine by performed on a given day, vendor receives the base $5184 plus an additional $648; vendor invoices nine EMR fees in addition. 5. Days or partial days cancelled by the vendor for any reason will not be paid until rescheduled and completed by vendor. Any such cancellations require advance notice (> 72 hours) to KCFD; payment will be invoiced following completion of the rescheduled day. 6. RCRA 8 panel for heavy metals will be added to "Additional Tests" price list and invoiced as a separate line item when utilized. (Price to be quoted by vendor; will forward upon receipt). Scheduling: 7. Vendor and KCFD have agreed to 118 staffed days on site. 8. Scheduled time on site for each year renewed needs to be agreed upon in advance and included in SoW for that year. Responsibilities: Needs to state specifically that: 9. Vendor is responsible to ensure that site is adequately staffed each scheduled day to conduct two rounds of physicals (morning and afternoon). 10. KCFD is responsible to schedule and secure locations and to ensure that four employees are present in each round (morning and afternoon). 11. Changes may be made as required during performance period by mutual agreement; all such changes will be agreed to in writing between contract administrators for each party. Limitations: This contract applies solely to conduct of KCFD annual medical evaluation of incumbent employees. Any other services will require separate contracting and is subject to standard City policies regarding solicitation, evaluation, and award. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 1 of 2 (6.25.19) Page 99 of 516DocuSign Envelope ID: 28D4E260-D8E8-45AD-8F23-0109B5D09229 GENERAL SERVICES CONTRACT AMENDMENT NO. 1 PROJECT/CONTRACT NO. EV2832 Physicals For Kansas City Fire Department (KCFD) This master contract for products and services is made between KANSAS CITY, MISSOURI, a constitutionally chartered municipal corporation (City), and Life Extension Clinics, Inc. D/B/A Life Scan Wellness Centers, whereby the parties desire to amend Contract No. EV2832 entered into on January 12, 2022 as follows: WHEREAS, City previously entered into a contract with CONTRACTOR to provide physicals for Kansas City Fire Department; and WHEREAS, the parties now wish to amend the contract to add the following scope of work, pricing. The new scope will cover pre-employment physical exam. NOW THEREFORE, the parties agree to the following Amendment No. 1: Sec. 1. Sections Amended. The following section(s) are hereby added to the Contract: Attachment D- Pre-employment Physical Exam Sec. 2. Section Not Amended. All other sections of the Contract shall remain in effect. Sec. 3. Section Not Amended. All other sections of the Contract shall remain in effect. Sect. 4. Effectiveness; Date. This amendment will become effective when all parties have signed it. The date this amendment is signed by the last party to sign it will be deemed the date of this amendment. Each party is signing this amendment on the date stated opposite that party’s signature. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 1 of 2 (6.25.19) Page 100 of 516DocuSign Envelope ID: 28D4E260-D8E8-45AD-8F23-0109B5D09229 CONTRACTOR I hereby certify that I have authority to execute this document on behalf of Contractor. By: Date:______________________10/5/2022 _______________________________________ Title: ______________________________________CEO _ KANSAS CITY, MISSOURI By: 10/6/2022 Date:______________________ _______________________________________ Title: Procurement_____________________________________ Manager __ Approved as to form: 10/6/2022 Assistant City Attorney MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 1 of 2 (6.25.19) Page 101 of 516DocuSign Envelope ID: 28D4E260-D8E8-45AD-8F23-0109B5D09229 ATTACHMENT D LIFE SCAN WELLNESS CENTERS PUBLIC SAFETY PHYSICAL EXAM Kansas City Fire Pre-Employments, 2022 Physical Exam, NFPA 1582 Compliant Medical & Occupational/Environmental Questionnaire Included Comprehensive Hands-On Physical Exam Included Vital Signs: Height, Weight, Blood Pressure, Pulse Included Behavioral Health Evaluation Included Sleep Disorder Evaluation, Epworth Sleep Scale Included Back Health Evaluation Included Urinalysis Included Audiogram Included Visual Acuity Test, Titmus Included Titmus Occupational Vision with Peripheral, Depth Perception, and Color Included Breast Exam with Self-Exam education Included Personal Consultation with review of testing results Included Laboratory Tests: Comprehensive Metabolic Panel, Blood Chemistry Included Complete Blood Count, Hematology Panel Included Hemoccult Stool Test for Colon Cancer Screening Included Total Lipid Panel Included Thyroid Test TSH Included Glucose Included Hemoglobin A1C Included PSA (Prostate cancer marker, Men) Included Testosterone ( Men) Included CA 125 (Ovarian cancer marker, Women) Included Ultrasound Screenings (Early Detection of Heart Disease and Cancer): Echocardiogram (Heart Ultrasound) Included Carotid Arteries Ultrasound Included Aorta and Aortic Valve Ultrasounds Included Liver Ultrasound Included Gall Bladder Ultrasound Included Kidneys Ultrasound Included Spleen Ultrasound Included Bladder Ultrasound Included Thyroid Ultrasound Included Prostate Ultrasound Included Testicular Ultrasound Included Ovaries and Uterus Ultrasounds Included Cardiopulmonary Testing Cardiac Stress Test (Treadmill with 12 lead, sub-maximal, Bruce Protocol) Included EKG, 12 Lead Included Spirometry, PFT Lung Capacity Included OSHA Respirator Medical Clearance Included MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 1 of 2 (6.25.19) Page 102 of 516DocuSign Envelope ID: 28D4E260-D8E8-45AD-8F23-0109B5D09229 Fitness Evaluations per NFPA 1583~IAFF/IAFC Wellness Fitness Initiative: Fitness tests for muscular strength & endurance Included Sit and Reach, Planking, Grip Strength, Included Sit Up Test, Wall Sit, Flexibility Included VO2 Max Calc for Aerobic Capacity Included Body Weight and Composition Included Personal Fitness Rx Included Personal Wellness Plan with recommendations Included LIFE SCAN PUBLIC SAFETY PHYSICAL EXAM Per Person $600.00 LIFE SCAN WELLNESS CENTERS PUBLIC SAFETY PHYSICAL EXAM Kansas City Fire Pre-Employments, 2022 Line Item OTHER Tests Available: COST Chest X-Ray, 2 view with radiologist review $75.00 Hepatitis B Titer $38.00 Hepatitis C Screening Test $56.00 PPD TB Skin Test $29.00 QuantiFeron TB Blood Test $80.00 OSHA Respirator Mask Fit Testing (Portacount) $44.00 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 1 of 2 (6.25.19) Page 103 of 516DocuSign Envelope ID: 28D4E260-D8E8-45AD-8F23-0109B5D09229 GENERAL SERVICES CONTRACT AMENDMENT NO. 1 PROJECT/CONTRACT NO. EV2832 Physicals For Kansas City Fire Department (KCFD) This master contract for products and services is made between KANSAS CITY, MISSOURI, a constitutionally chartered municipal corporation (City), and Life Extension Clinics, Inc. D/B/A Life Scan Wellness Centers, whereby the parties desire to amend Contract No. EV2832 entered into on January 12, 2022 as follows: WHEREAS, City previously entered into a contract with CONTRACTOR to provide physicals for Kansas City Fire Department; and WHEREAS, the parties now wish to amend the contract to add the following scope of work, pricing. The new scope will cover pre-employment physical exam. NOW THEREFORE, the parties agree to the following Amendment No. 1: Sec. 1. Sections Amended. The following section(s) are hereby added to the Contract: Attachment D- Pre-employment Physical Exam Sec. 2. Section Not Amended. All other sections of the Contract shall remain in effect. Sec. 3. Section Not Amended. All other sections of the Contract shall remain in effect. Sect. 4. Effectiveness; Date. This amendment will become effective when all parties have signed it. The date this amendment is signed by the last party to sign it will be deemed the date of this amendment. Each party is signing this amendment on the date stated opposite that party’s signature. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 1 of 2 (6.25.19) Page 104 of 516DocuSign Envelope ID: 28D4E260-D8E8-45AD-8F23-0109B5D09229 CONTRACTOR I hereby certify that I have authority to execute this document on behalf of Contractor. By: Date:______________________10/5/2022 _______________________________________ Title: ______________________________________CEO _ KANSAS CITY, MISSOURI By: 10/6/2022 Date:______________________ _______________________________________ Title: Procurement_____________________________________ Manager __ Approved as to form: 10/6/2022 Assistant City Attorney MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 1 of 2 (6.25.19) Page 105 of 516DocuSign Envelope ID: 28D4E260-D8E8-45AD-8F23-0109B5D09229 ATTACHMENT D LIFE SCAN WELLNESS CENTERS PUBLIC SAFETY PHYSICAL EXAM Kansas City Fire Pre-Employments, 2022 Physical Exam, NFPA 1582 Compliant Medical & Occupational/Environmental Questionnaire Included Comprehensive Hands-On Physical Exam Included Vital Signs: Height, Weight, Blood Pressure, Pulse Included Behavioral Health Evaluation Included Sleep Disorder Evaluation, Epworth Sleep Scale Included Back Health Evaluation Included Urinalysis Included Audiogram Included Visual Acuity Test, Titmus Included Titmus Occupational Vision with Peripheral, Depth Perception, and Color Included Breast Exam with Self-Exam education Included Personal Consultation with review of testing results Included Laboratory Tests: Comprehensive Metabolic Panel, Blood Chemistry Included Complete Blood Count, Hematology Panel Included Hemoccult Stool Test for Colon Cancer Screening Included Total Lipid Panel Included Thyroid Test TSH Included Glucose Included Hemoglobin A1C Included PSA (Prostate cancer marker, Men) Included Testosterone ( Men) Included CA 125 (Ovarian cancer marker, Women) Included Ultrasound Screenings (Early Detection of Heart Disease and Cancer): Echocardiogram (Heart Ultrasound) Included Carotid Arteries Ultrasound Included Aorta and Aortic Valve Ultrasounds Included Liver Ultrasound Included Gall Bladder Ultrasound Included Kidneys Ultrasound Included Spleen Ultrasound Included Bladder Ultrasound Included Thyroid Ultrasound Included Prostate Ultrasound Included Testicular Ultrasound Included Ovaries and Uterus Ultrasounds Included Cardiopulmonary Testing Cardiac Stress Test (Treadmill with 12 lead, sub-maximal, Bruce Protocol) Included EKG, 12 Lead Included Spirometry, PFT Lung Capacity Included OSHA Respirator Medical Clearance Included MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 1 of 2 (6.25.19) Page 106 of 516DocuSign Envelope ID: 28D4E260-D8E8-45AD-8F23-0109B5D09229 Fitness Evaluations per NFPA 1583~IAFF/IAFC Wellness Fitness Initiative: Fitness tests for muscular strength & endurance Included Sit and Reach, Planking, Grip Strength, Included Sit Up Test, Wall Sit, Flexibility Included VO2 Max Calc for Aerobic Capacity Included Body Weight and Composition Included Personal Fitness Rx Included Personal Wellness Plan with recommendations Included LIFE SCAN PUBLIC SAFETY PHYSICAL EXAM Per Person $600.00 LIFE SCAN WELLNESS CENTERS PUBLIC SAFETY PHYSICAL EXAM Kansas City Fire Pre-Employments, 2022 Line Item OTHER Tests Available: COST Chest X-Ray, 2 view with radiologist review $75.00 Hepatitis B Titer $38.00 Hepatitis C Screening Test $56.00 PPD TB Skin Test $29.00 QuantiFeron TB Blood Test $80.00 OSHA Respirator Mask Fit Testing (Portacount) $44.00 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 1 of 2 (6.25.19) Page 107 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize the City Manager to execute a contract with the Independence Chamber of Commerce for the license of the Independence Square public area for the Santa-Cali-Gon Festival. Approved Recommendations: Council approval is recommended. Background: The City contracts with the Independence Chamber of Commerce on an annual basis for the use of public spaces and resources for the Santa-Cali-Gon Festival. A renewal contract is recommended for the 2026 festival under similar terms and conditions as in prior years. Changes were negotiated to address various operational issues. The proposed contract grants the Independence Chamber of Commerce exclusive use of the public areas within the area depicted on Exhibit A for operating the Santa-Cali-Gon Festival. The contract addresses various operating issues associated with conducting the festival, including parking, sales tax collection, vendor licensing, trash collection, security, public access, electrical service and use of public spaces for temporary structures. The contract was reviewed by City departments to address various operation issues. The contract obligates the Chamber to obtain liability insurance and indemnify the City from claims associated with occupancy of the festival grounds. Additionally, the Chamber is responsible for additional security personnel, waste and wastewater, temporary business and health permit requirements, fencing, trash and debris, recycling, accessibility, cleaning of the festival area, a designated number of booth spaces for Main Street 1849, as well as the cost associated with electric and water usage during the festival. The City agrees to provide $38,334 for festival sponsorship and marketing and a base level of police protection. Additionally, the City is responsible for providing available barricades, water supply to the festival grounds, lot sweeping for the carnival site as well as conducting public health and safety inspections of vendor booths. Emergency Justification: Fiscal Impact: Appropriations are included in the Fiscal Year 2026-2027 Adopted Budget Document page 115, Tourism Marketing and Promotions (0046061-5205) and page 219, General Fund Non- Departmental, City Memberships (0024205-5213) Page 108 of 516 Council Action: Department / Community Development / Contact REVIEWERS Tom Scannell Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. SantaCaliGon Contract 2026 Draft 2. The Exhibit Map Page 109 of 516 CONTRACT FOR LICENSE OF INDEPENDENCE SQUARE PUBLIC AREA FOR SANTA-CALI-GON FESTIVAL THIS CONTRACT, made and entered into this ___, 2026 by and between the CITY OF INDEPENDENCE, MISSOURI, a municipal corporation, the “City", party of the first part, and the INDEPENDENCE CHAMBER OF COMMERCE, 210 W. Truman Rd., Independence, Missouri, a Missouri corporation, the "Chamber", party of the second part. WITNESSETH: That the City Council of the City deems it to be in the best interests of the City and its citizens to promote City pride, commerce and tourism through cooperation with the Chamber, in the production of the Santa-Cali-Gon Festival, the "Festival". In order to further this purpose, the City hereby grants permission and authority to the Chamber, upon the terms and subject to the conditions of this contract, to use all of the public areas in and around the area generally known as the Independence Square, which the City presently owns or controls, and contained within the boundaries as shown on the sketch attached hereto as Exhibit A, the "Festival grounds", and made a part hereof by reference for the purpose of conducting the Festival from September 4 through September 7 , 2026 inclusive. SECTION I. In consideration of the granting the use of the “Festival ground,” the Chamber, its employees, agents, contractors, vendors, exhibitors, and persons or organizations participating in the operation of the Festival hereby agree and covenant: A. The Festival grounds shall be used only for the purposes of conducting the Festival, with the following restrictions: 1. Parking Lot – northeast corner of Lexington and Lynn. The Chamber shall refrain from placing any structures or exhibits on the municipal parking lot at the northeast corner of Lexington Street and Lynn Avenue as shown on the sketch attached hereto as Exhibit B or otherwise using the lot or interfering with access to it until at least 8:00 a.m. on the Thursday of the Festival. The use of this parking lot will be available to the Chamber until 5:00 p.m. on Tuesday following the Festival. Debris shall be removed from this lot in accordance with this contract. 2. Parking Lot – southeast corner of Truman Road and Lynn . At no time during the Festival shall Chamber obstruct the entrances to or access to the parking spaces in the municipal parking lot at the northwest corner of Maple Street and Higashimurayama Avenue as shown on the sketch attached hereto as Exhibit C. Dumpsters for trash collection may be used at this location, but access to the parking spaces may not be restricted and the area must be kept free of loose trash and debris. The Chamber will issue permits for parking in this lot. 3. Parking Lot – north side of City Hall. To allow the public to conduct business in Municipal Court, the Chamber will post signs and provide security personnel to Page 110 of 516 restrict the use of the parking lot north of City Hall as shown on the sketch attached hereto as Exhibit D by Festival participants prior to 5:00 PM on the Friday of the Festival opening. 4. Parking Lot – southeast corner Osage and Maple. The Chamber shall refrain from placing any structures or exhibits on the municipal parking lot at the southeast corner of Osage Street and Maple Street as shown on the sketch attached hereto as Exhibit E or otherwise using the lot or interfering with access to it until at least 6:00 p.m. on the Thursday of the Festival. The use of this parking lot will be available to the Chamber until noon on Tuesday following the Festival. Debris shall be removed from this lot in accordance with this contract. 5. Old Jail Museum and the Truman Home Tour Information Center. The Chamber shall maintain the sidewalk immediately in front of the Old Jail Museum and the Truman Home Tour Information Center from a point 10 feet South of the entranceway at 217 N. Main north to Truman Road as shown on the sketch attached hereto as Exhibit F free from stages, bleachers, chairs or any other objects whatsoever in order that same remains unobstructed and clear for pedestrian traffic throughout the Festival. 6. Truman Courthouse. The Chamber shall not allow the display or use of anything heavier than a total of 5,400 pounds on the Truman Courthouse area as shown on the sketch attached hereto as Exhibit G. Any item over 3,000 pounds per axle shall be prohibited from entering this area. 7. Public Streets and City Parking Lots. The Chamber will neither drill holes nor allow any of its contractors, vendors or exhibitors to drill holes for anchoring or stabilizing any structure or device in any public street or City parking lot. If the installation or erection of any device, structure or exhibit requires the anchoring or stabilizing of such structure by the drilling of holes in the pavement of the public parking lots, such drilling, shall be done by the City or shall be approved by the City. The Chamber will cooperate with the City in the determination of the best location for the anchors. Additionally, the Chamber will pay an amount not to exceed $15.00 each for the material cost of installing the anchors. Drilling in concrete must be approved in advance on a site-by-site basis by City inspectors. There shall be no drilling in brick work. After such devices, structures and exhibits are removed, the City shall make the necessary repairs to the holes that were drilled and bill the Chamber on a cost of $10.00 per-hole for said repairs. This bill shall include only those holes drilled by Chamber for the current year. Said repairs are to be performed and the Chamber invoiced prior to the end of the calendar year. 2 Page 111 of 516 Only the use of white chalk location markings on asphalt is authorized. Vendor location markings must be visible until inspections are complete. Markings on the curbs or sidewalks must be removed by 6:00 PM on Tuesday following the close of the Festival. 8. The Chamber, further agrees that upon the termination of the Festival, all booths shall be promptly removed from the Festival grounds not later than 10 pm on the last day of the Festival. Bleachers, tables, and chairs shall be removed in the City Lot shown as Exhibit B by 10:00 AM. Tuesday following the Festival. The sidewalks, steps, crosswalks, and other areas of the Festival grounds used for foot traffic shall be cleared prior to 5:00 PM on Monday. B. To provide for the conduct of the Festival, CHAMBER agrees that: 1. Security. The Chamber shall provide necessary security from midnight to 8:00 a.m. each night of the Festival. The Chamber shall assure that the carnival operator provides reasonable and adequate security personnel, in quantity and during hours of operation, as specified by the Chief of Police. 2. Grease, Waste and Waste Water. Chamber shall provide for a system of grease storage/disposal as well as disposal of waste and waste water for the Festival grounds acceptable to the City. The Chamber shall prohibit all vendors and exhibitors from disposing of waste or waste water into the storm sewers. 3. Trash and Debris – Festival Area. The Chamber shall during the course of the Festival, provide on a daily basis, a sufficient number of dumpsters for depositing trash and debris resulting from the Festival and shall further provide for the removal of said trash and debris from said dumpsters on a daily basis. The Chamber shall provide, while the Festival is in operation, sufficient personnel for the removal of trash. Liners for the trash containers shall be provided by the Chamber. The City shall deliver trash containers to the Festival grounds prior to the Festival and remove them following the Festival. 4. Trash and Debris – City Parking Lots and Right-of-Way. Trash and debris, including material (screws and other forms of metal fasteners) left after the dismantling of any performance structure, in the public parking lots and right-of- way in the area of City Hall and the Police Building as shown on the sketch attached hereto as Exhibit B-D will be removed by noon on Tuesday following the Festival and will be removed from the remaining area of the Festival grounds by 5:00 p.m. on Tuesday following the Festival. The Chamber will be responsible for any damage to public or private property caused by the failure to comply with this provision of the Contract. 3 Page 112 of 516 6. Electrical Service. The Chamber shall provide electrical service on the Festival grounds, subject to the following terms and conditions: a) Chamber shall be responsible for the ordinary and reasonable cost of installation of temporary service meters on the Festival grounds, The temporary service meter cost shall be in addition to the cost of the electrical consumption as described below. b) Chamber shall use receptacles on the Festival grounds rather than temporary service meters where such receptacles are available and shall pay the amount of $50.00 per receptacle for this use. The $50.00 cost shall be in addition to the cost of electrical consumption as described below. c) The Chamber, vendors, and exhibitors on the Festival grounds shall be responsible for the cost of electrical consumption at the metered rate as set forth in schedules adopted by the City for the supply of such electric service. (* agreed rate of .16 per KW ) If for any reason any meter fails to record the consumption of electricity, the consumption during any such period that the meter is out of service shall be considered to be the same as the consumption for a like period immediately before or immediately after the interruption, as selected by the City. d) The Chamber agrees that the voltage available and the manner and place of making connections with the above utilities used by the Chamber shall be determined by the City. e) The installation of temporary electrical service on, in, or adjacent to the sections of streets immediately surrounding the Truman Courthouse (i.e. Lexington between Liberty and Main Streets, Liberty between Maple and Lexington, Maple between Liberty and Main Streets, and Main between Maple and Lexington Streets) will only be allowed during the period from Monday, August 17, 2026 through Saturday, September 12, 2026. For all other areas of the Festival grounds outside of the streets immediately surrounding the Truman Courthouse, electrical service installation to support or facilitate the event may be installed no earlier than Monday, August 17, 2026. f) The Chamber and the City, through its Community Development Department and Power & Light Department, will work together to ensure the safe delivery of electrical service to the Festival grounds. The City 4 Page 113 of 516 and IPL shall not be responsible for any Chamber and Chamber vendor facilities. g) No Chamber or vendor facilities shall be attached to City and/or IPL structures and/or facilities other than stated in Section 6 a) – f) above. Any request for additional attachments must be made in writing to City and/or IPL, before June 30, 2026. A written and signed agreement sufficient and with the approval of City and/or IPL will be required to be fully executed before any such attachments are allowed to be physically made. 7. Accessibility. The Chamber shall do all things necessary to assure handicap access to the Festival grounds is maintained. That the Chamber shall provide for handicapped parking in the municipal parking lots at the southeast corner of Lynn Avenue and Truman Road as shown on the sketch attached hereto as Exhibit C. At least one ADA compliant restroom facility shall be made available at every bank of restrooms. 8. Emergency vehicle accessibility: The Chamber shall maintain booth spacing along streets to allow for clear access for emergency vehicles to enter the fairgrounds area. A minimum of 20 feet should remain clear of any obstructions that would inhibit emergency vehicle access. 9. Command Post Vehicles. The Chamber shall provide sufficient space at mutually agreed locations to accommodate Police Department, Fire Department and Emergency Management personnel. 10. Parking for Emergency Management Volunteers. The Chamber shall provide sufficient number of parking spaces for Emergency Management volunteers. The Chamber shall coordinate with Emergency Management staff on determining the number of parking spaces needed as well as location. 11. Handwash or Sanitizer Stations outside of Restroom Facilities. The Chamber shall provide handwash or sanitizer stations outside of the restroom facilities. 12. City Sponsor. The Chamber shall include the name of the City as a sponsor in all media and promotional campaigns the same as any other sponsor. This may include, but is not limited to; pre-program publicity; on the Main Stage Banner, in theme oriented signage, festival t-shirts, information booth signage, festival programs; and other advertisements. 13. Wristbands. The Chamber shall provide to the City fourteen wristbands each night to be used at the Main Stage at all performances during the festival. 5 Page 114 of 516 Wristbands must be delivered to the City five (5) days prior to the start of the Festival. 14. Main Street 1849. The Chamber and the City agree to work with the Independence Square Association on its operation of Main Street 1849 and agree to the following: a) Chamber will collaborate on marketing of Main Street 1849 with the Independnece Square Association and primary exposure will be focused on attendance to the Santa Cali Gon Days Festival. b) City staff will collaborate with the Independence Square Association on the set up and tear down of Main Street 1849. The City’s time to complete this activity will be done during normal City business hours, with set up starting no earlier than the Monday before the beginning of the festival and being completed by 12:00 PM on the Friday of the festival, and tear down beginning no earlier than the Tuesday after the festival and being completed no later than the Friday after the festival. 15. Vendors and Exhibitors Rules and Regulations. All vendors and exhibitors will operate under the rules and regulations of the 2026 Santa Cali Gon Days Festival vendor contract including requirements for inspections by city departments, hours of operation, parking and vehicle restriction inside festival grounds as outlined. Vendors profiting by sales of items or services will be considered to be a regular vendor of the event and must register and pay the Chamber for booth space, electric, insurance and related costs per current SCG vendor contract. 16. Food Service Inspections. The Chamber will provide to the Health Department, at the Chamber building, one (1) golf cart at 12:00p.m. on Thursday, September 3, 2026 for use in inspecting the food service operations associated with the Carnival. The Health Department will return this golf cart to the Chamber building upon the completion of inspections or by 7:00 p.m. on Thursday. Beginning at 8:00 a.m. on Friday, September 4, 2026, the Chamber will provide to the Health Department, at the Chamber building, four (4) golf carts for use in the inspection of vendor booths providing food service to the public. The Health Department staff will return the golf carts to the Chamber building upon the completion of inspections or by 5:30 p.m. on Friday. The Chamber will provide to the Health Department, at the Chamber building, one (1) golf cart beginning at 8:00 a.m. of each subsequent day of the Festival for use in the continuing inspection of vendor booths providing food service to the public. The Health Department staff will return the golf cart to the Chamber building upon the completion of inspections or by 7:00 p.m. on each subsequent day. 6 Page 115 of 516 17. Vendor Booth Inspections. The Chamber will provide to the Community Development and Fire departments, at the Chamber building, five (5) golf carts at 8:00 a.m. on Friday, September 4, 2026 for the purpose of conducting electrical, fire and other safety inspections of vendor booths. The Community Development and Fire departments will return these golf carts to the Chamber building upon the completion of the inspections or by 3 pm on Friday. No rider not approved or scheduled by supervisory City staff may accompany inspectors or ride in carts. 18. Post Festival Clean Up. The Chamber shall provide the personnel, equipment and materials necessary to clean the Festival area at the conclusion of the Festival event. Final clean-up shall be complete by 5:00 p.m. Tuesday September 8, 2026. The City’s contribution outlined in Section II (A) of this agreement shall be made payable by the City to the Chamber upon satisfactory completion of the post-festival cleanup. For purposes of this agreement, satisfactory completion of post-festival cleanup shall mean the removal of trash and debris in City parking lots of the public right-of-way as defined in Sections I (B) (3) and (4).Such cleanup will also include a good-faith effort to remove grease and other food debris from the festival grounds and public right-of-way. C. Compliance With Law: 1. Chamber, vendors, and exhibitors shall use and occupy the Festival grounds in a safe and careful manner and shall comply with all applicable municipal, state, and federal laws and rules and regulations pertaining to the carnival, food establishments, exhibits, and temporary structures as prescribed by the City, its employees and agents including those laws or ordinances regarding sale of alcoholic beverages and distribution of pornographic materials. It shall be the responsibility of the Chamber to inspect all temporary installations, tents, other enclosures and structures for suitability and safety. The Chamber shall require any vendor or exhibitor to remove or correct any unsightly or hazardous structure or condition which is so deemed by the City. The City shall have the power to immediately close or prevent the opening to the public of any vendor or exhibitor which may be in violation of federal or state law or City ordinance. The Chamber and its contractors, vendors and exhibitors agree to abide by the decision of the City in this regard and shall not make any claim or bring any action against the City, or its agents or employees, in regard to any such action taken by the City. 2. City Inspections During the Event. The Chamber agrees that the City shall have the right to designate certain of its employees or agents as inspectors, and 7 Page 116 of 516 Chamber agrees that such inspectors shall have the right at any time, and as often as the City may consider necessary, to inspect any property, and services being rendered, any riding devices, shows, displays, food establishments, or any activities of Chamber or the vendors, or exhibitors located on the Festival grounds, and Chamber, vendors, or exhibitors located on the Festival grounds shall give said inspectors free access to any space used or occupied by them or under their control for the purpose of such inspection and shall, upon request of such inspector, operate or demonstrate any machinery, mechanical devices, or electrical appliances owned, maintained, or in the possession of Chamber, vendors, or exhibitors located on the Festival grounds, or demonstrate or operate any process or activities being carried on by Chamber, vendors, or exhibitors located on the Festival grounds. The Chamber may request inspection services at hours other than the City's normal business hours. City shall be reimbursed for such inspection services for actual personnel costs, with a minimum service charge of (1) hour. 3. Contractors Permits and Licenses. The Chamber shall require all contractors and subcontractors of the Chamber to obtain all necessary permits and licenses before providing contracted services at the Festival. The Chamber shall submit a list of all contractors and subcontractors to the Regulated Industries Division of the Community Development Department a minimum of fourteen (14) days before the Festival. The City reserves the right to immediately cease the operations or prevent the operation of any contractor or subcontractor that has not obtained all necessary permits and licenses required by the City. All permits shall be obtained and license fees shall be paid prior to use of any device, show or display or food establishment specifically related to the carnival which are required to be obtained or secured. 4. Temporary Health Permits. The Chamber shall provide to all food vendors instructions for obtaining a Temporary Health Permit along with guidelines for operating a food booth. Food service booths operating during the Festival will not be allowed to open until a Temporary Health Permit is obtained, the fee is paid, and a satisfactory inspection has been completed. (To assist with the orderly conduct of the Festival starting in May the Chamber will provide to the Health Department a list of all vendor applicants denoting which ones that will be sampling/serving food. This will include all Square businesses operating outside of their permanent locations and on the Festival grounds during the event. Designated City staff will have online access to all vendors serving or sampling food or beverages and a map of booth locations. (with monthly updates through July and then during August notification of applicants when received.) The Chamber will provide to the Health Department a minimum of ten (10) days prior 8 Page 117 of 516 to the Festival a location map of the vendor booths providing food service to the public. This location map will be updated by the Chamber as necessary.) 5. Enforcement of Health Code. Health Department staff shall enforce the City’s health regulations. The City will take the necessary and appropriate steps for any vendor found to be out of compliance with the City’s health regulations. 6. Vendor Sales Tax. The State of Missouri and the City of Independence require that all sellers making sales in the state and city, even temporarily, collect sales tax. The Chamber shall inform all vendors of the requirement to have a Missouri Retail Sale Number and the sales tax rate within the Festival area as 9.6%. The Chamber shall collect from all vendors the following information: • Vendor name, address, and contact information (phone and email address) The Chamber shall submit this vendor information to the City in an Excel spreadsheet at least ten (10) business days before the Festival. Failure to submit this vendor information to the City will result in the City not performing the inspections or the Chamber paying the City $5,000. Within ten (10) business days after the Festival, the Chamber shall provide a follow up list to the City in an Excel spreadsheet listing all vendors attending the festival that includes: • Vendor name, address, and contact information (phone and email address) Failure to submit this vendor information to the City will result in the Chamber paying the City $5,000 for lost sales tax revenue. 7. Alcoholic Beverages. The Chamber shall limit the number of temporary vendors that sell alcoholic beverages to no more than two (2) at a maximum of five (5) locations. These vendors must obtain all state and local licenses and shall be restricted to the sale of non-intoxicating or intoxicating beer by the drink, or malt liquor and light wine by the drink as provided for in Chapter 2 of the Code of the City. The Chamber shall apply for and be approved for the appropriate liquor license. Said license shall define the open carry area if different from the Festival area. Signage must be present at all exits to the Festival area and entrances to the Carnival grounds prohibiting alcohol beyond this point. Only sales from the Chamber and/or authorized vendors may be utilized in the Festival area. All signage must be approved by the City. Any Square business with an existing liquor license may request approval from the City to be included in the open carry area. 9 Page 118 of 516 8. Temporary Business License. The Chamber shall provide to all retail sales vendors instructions for obtaining a Missouri Sales Tax ID number and a City of Independence Temporary Business License. Retail sales vendor booths operating during the Festival will not be allowed to open until a Temporary Business License is obtained from the City and the fee is paid. For all retail sales vendors during the Festival, the Temporary Business License fee shall be $25. D. Liabilities: 1. The Chamber shall secure from each vendor or exhibitor on the Festival grounds, an agreement absolving the City of any liability for theft, loss or damage to property of vendor or exhibitor on the Festival grounds, irrespective of the cause thereof except for liability arising from any occurrence directly involving the gross negligence or intentional act of an employee or agent of the City. Each such agreement to release and waive all rights and claims against the City, and its agents and employees with respect to such theft, loss or damage shall also include release as to any liability for loss to an exhibit or other installation that results from shutdown by the City. Said agreement shall be substantially in the form as attached hereto as Exhibit L. 2. If the Festival grounds, or any portion thereof, during the term of this license, shall be damaged by the act, default or negligence of the Chamber, its employees or agents, vendors, exhibitors, or any occupants and users of the Festival grounds. The Chamber shall pay to the City, upon demand, such sum as shall be necessary to restore the Festival grounds to its previous condition. The Chamber hereby assumes full responsibility for the character, acts and conduct of all its employees or any person acting for and on behalf of the Chamber. 3. The Chamber shall obtain "General Liability and Liquor Liability" insurance coverage for the period of Thursday prior to the Festival through the Wednesday following the Festival of at least $1,000,000 aggregate limit for bodily injury and property damage under a Special Event policy issued to Chamber with an owner's protective liability provision to indemnify and save harmless the City, and its agents and employees, from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury, and/or damage to property arising from or out of any occurrence in, upon or at the Festival grounds (except for any occurrence directly involving the gross negligence or intentional act of an employee or agent of the City), or arising out of the occupancy or use of the Festival grounds or any part thereof by the Chamber, its employees or agents, vendors, exhibitors, or any other occupant or user thereof, or occasioned wholly or in part by any act or omission by the Chamber, its employees and agents, and any other occupant or user of all or any part of the Festival grounds, and their agents, servants, contractors and 10 Page 119 of 516 employees. The Chamber, vendors, exhibitors, and those occupants and users of the Festival grounds, upon receiving written notice thereof, agree to defend such action or proceeding at its own expense by counsel satisfactory to the City. For the purpose of this contract occupants and users shall be limited to those individuals or entities who participate in the Festival by virtue of a contract, license or agreement with the Chamber. Said definition shall not include members of the general public who attend the Festival or individuals who are otherwise on the Festival grounds not as a result of any contract, license or agreement with the Chamber. 4. The Chamber will name the City as an additional insured on all Chamber liability insurance policies. The Chamber will provide the City with a copy of the Chamber’s Additional Insured – Owners, Lessee or Contractors’ Endorsement for the dates of the festival of September 3, 2026 through September 7, 2026. E. Notices: 1. The Chamber shall notify all property owners and tenants within the Festival grounds of the dates of the Santa-Cali-Gon Festival. 2. The Chamber shall provide a listing including each vendor and their location on the festival map to the Police Chief, Fire Chief, Community Development Director, Health Department and Director of Municipal Services to assist with regulatory enforcement and public information. The listing should be sent at least two weeks prior to festival set-up. SECTION II. For its part, the CITY agrees to contribute financial support and services as provided below. A. City Contribution. The City shall contribute $12,000 to the Chamber as its sponsorship of the Santa-Cali-Gon Festival. A portion of these funds will be used by the Chamber to defray the cost of securing the parking lot north of City Hall on the Friday of the Festival opening, as provided in Section I, paragraph A 3. 1. Marketing: The City shall provide $38,334 from the Tourism Fund which will be used for promotion and marketing of the festival to attract additional attendees and increase the economic impact of the Festival. Additional marketing efforts will include promotional advertising, billboards, digital marketing, and video boards at the main stage area. The City’s Public Information Office will have the ability to put digital content promoting the City on the video boards. 11 Page 120 of 516 B. Police Protection. The City’s Police Department shall provide the police protection necessary to handle and govern the conduct of those attending the Festival and to maintain public order during the following hours: Thursday 3:00 p.m. to Friday 1:00 a.m., Friday 8:00 a.m. to Saturday 1:00 a.m., Saturday 8:00 a.m. to Sunday 1:00 a.m., Sunday 8:00 a.m. to Monday 1:00 a.m., and Monday 8:00 a.m. to 12:00 midnight. In addition, the Police Department shall provide the enforcement and traffic control, including that required during the set-up and dismantling of the Festival. The Chamber shall provide to the Police Department, at the Chamber building, four (4) golf carts for the purpose of providing Police protection. The golf carts shall be available for the Police Department each day of the Festival. The Police Department shall pick up golf carts at the Chamber building each day at 12:00 p.m. The Police Department shall return the golf carts to the Chamber building each day of the Festival. The police protection to be provided shall be determined by the Chief of Police or his designee in consultation with the Chamber. If the Chief of Police or his designee in consultation with the Chamber deem it necessary to provide police protection during the 2026 Festival at the times set forth above and at a staffing level greater than the 2025 Festival, the Chamber agrees to hire additional security personnel or off-duty police officers to assist the City in providing a reasonably safe and secure Festival. If the Chamber utilizes additional security personnel or off-duty police officers for security, the Chamber shall coordinate with the Police Department on their use and the coordination with Police Department staff. C. Barricades/Traffic Control. Subject to availability, the City shall provide barricades and concrete blocks to the Chamber for the purpose of traffic control for the 2026 Festival. The number and location of the barricades and concrete blocks shall be determined by Municipal Services staff. If additional barricades and concrete blocks are needed as determined by Municipal Services staff, the Chamber shall be responsible to provide acceptable barricades and concrete blocks for the Festival. Barricades and concrete blocks provided by the City shall not be used to limit access to parking areas where a fee to park will be charged. The City reserves the right to remove such barricades immediately. D. Parking for City Staff. The City shall provide ten (10) reserved spaces generally in the southwest corner of the parking lot north of City Hall as shown on the sketch attached hereto as Exhibit J for the parking of vehicles of on-duty City staff (Fire, Police and Health Department personnel) and the staging of taxi cabs. E. Clean Up Carnival Site. The City shall provide the personnel, equipment and materials necessary to sweep the carnival site after the carnival operator has 12 Page 121 of 516 removed all installations and prepared the lot for the street sweeper. Final clean- up shall be complete by 8:00 a.m. the Wednesday following completion of the Festival F. Fencing – Main Stage. The City shall provide fencing between the former City Hall and the west parking lot of City Hall for the safety and security of patrons attending events at the Main Stage located in this parking lot. Fencing shall be ordered by Chamber and billed to the City Finance Director. G. Water Supply. The City shall provide a water supply to the Festival grounds subject to the following terms and conditions: a) The Chamber shall notify the City, in a timely fashion, of the number and location of temporary water supply stations and of the date needed. b) The Chamber shall be responsible for the reasonable and ordinary costs of the installation of the supply spigots and the cost of water consumption in accordance to the Rate A Commodity Charge schedule. c) The Chamber shall be responsible for any damage to the City’s water supply equipment assigned to them. H. Carnival Insurance. City shall acquire and share with the Chamber evidence that the carnival connected with the Festival has liability insurance in compliance with Chapter 5 of the City Code for the period of Monday prior to the Festival through Wednesday following the Festival. SECTION III. The City and the Chamber further agree to the following: A. Carnival Site. This contract constitutes the use of the municipal parking lot, and additional area, located between Osage and Liberty Avenues and between Kansas and Walnut Streets as shown on the sketch attached hereto as Exhibit K as a carnival site, and as a site for such other uses as the Chamber shall deem appropriate from 6:00 p.m., on the Monday prior to the Festival, until 8:00 a.m., on the Wednesday following the Festival. Chamber shall provide that the carnival operator not locate or park any vehicles or equipment on or near this site prior to the specified date and time. Chamber shall have the Carnival operator notify the Community Development Director and Municipal Services Director prior to setting up the Carnival of any site(s) in the City used by the Carnival operator for locating mobile residential facilities and other storage. The Carnival shall comply with the Carnival requirements of City Code Chapter 5, Article 16. 13 Page 122 of 516 B. Temporary Vendors. This contract also grants a right to the businesses located within the Festival grounds to lease private property to temporary vendors for operation during the dates authorized by this contract. It will be the responsibility of the City to inspect and license for the period of the Festival these temporary vendors. The Chamber shall not be billed for these inspections or time. C. Examination of Records. The Chamber shall, upon request of the City or the City's authorized representative, permit inspection of all books, records or other information that the City deems necessary to determine the receipts and expenses and resulting profits or losses associated with Chamber's production of this and the previous five (5) Santa-Cali-Gon Festivals. The City agrees that any financial or other information obtained during this inspection that does not relate to the Santa-Cali-Gon Festival shall be kept confidential by the City. D. The Chamber shall have access to the Independence Uptown Farmer’s Market beginning at 12 pm on Wednesday, September 3, 2026 through 12pm on Tuesday, September 8, 2026 to be used for vendor booths. The Chamber will not be charged for the use of the Market and will complete the necessary paperwork for this reservation. Upon conclusion of the festival, the Chamber shall clear the building of all debris and the floors shall be swept. SECTION IV. Contract Termination. The City and Chamber hereby agree that if the City fails to appropriate the funds necessary to provide the services as identified in the Contract during the fiscal year of the Contract, City shall not be required to provide such services and this Contract shall be terminated effective July 1 after the failure to appropriate the funds for that fiscal year. 14 Page 123 of 516 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year first above written. CITY OF INDEPENDENCE, MISSOURI INDEPENDENCE CHAMBER OF COMMERCE By: _______________________ By: ___________________ _______ Troy Anderson, City Manager Valerie Byrnes, President ATTEST: ____________________________ City Clerk APPROVED AS TO FORM ONLY: ____________________________ City Counselor 15 Page 124 of 516 16 Page 125 of 516 Exhibits B through K F C D J G B E I H K Page 126 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize the City Manager to accept a grant from Mid-America Regional Council in the amount of $52,000 for the City’s Senior Adult Nutrition Site Program for Fiscal Year 2026-2027, and execute the Community Center Services Agreement; making the necessary appropriations; authorizing future change orders for additional funding and/or time extensions; and, authorizing certain future appropriations. Approved Recommendations: Council approval is recommended. Background: Approval of this item will authorize the City Manager to enter into a $52,000 grant through Mid-America Regional Council (MARC) for the City's Senior Adult Nutrition Site Program, offered through the Parks and Recreation Department's Active Agers Division. The program is offered to area adults, 60 years and over and their spouses, as well as disabled individuals,18 years and over. Lunches are offered at the Palmer Center, Monday through Friday. Home- delivered meals are available to those individuals that are home-bound and meet program guidelines. Expenditures were anticipated in the FY2026-2027 Budget. Emergency Justification: Fiscal Impact: The fiscal impact to the City is $52,000. Funds for administering the program and frozen home meal delivery for the City's Senior Adult Nutrition Site program will be deposited to 012-3275- MARC and expended from the appropriate Parks and Recreation Department accounts. Revenues and expenditures were included in the FY2026-2027 Adopted Budget. Council Action: Department / Parks, Recreation and Tourism / Contact REVIEWERS Page 127 of 516Morris Heide Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Independence City of SFY 27 Agreement Page 128 of 516 AGREEMENT Contract #07670-CoI-27 This Agreement ("Agreement"), entered into as of this First day of July, 2026, is by and between the City of Independence, Missouri (hereinafter referred to as "Contractor") with offices located at 20201 E. Jackson Drive, Independence, Missouri, and Mid-America Regional Council (hereinafter referred to as "MARC"), with offices located at 600 Broadway, Suite 200, Kansas City, Missouri. WITNESSETH THAT: WHEREAS, MARC has been designated by the Missouri Department of Health and Senior Services, Division of Senior and Disability Services, to serve as the Area Agency on Aging (AAA) for the counties of Cass, Clay, Jackson, Platte and Ray in Missouri (herein the Planning and Service Area or "PSA") for the purpose of delivering programs and services funded by the Older Americans Act ("OAA") and other sources, which programs and services include the establishment and oversight of networks of home and community-based services to facilitate the ability of older adults and individuals with disabilities to live independently within their own homes and prevent premature institutionalizations; WHEREAS, in connection therewith, MARC annually enters into an Area Agency on Aging Services contract with the State of Missouri, Department of Health and Senior Services, (herein the "AAA Agreement") which sets forth the obligations of MARC as the AAA for the PSA and may be updated and superseded from time to time; WHEREAS MARC's obligations under the AAA Agreement are further delineated in the state fiscal year (SFY) Area Plan, as the same may be updated and superseded from time to time, herein the "Area Plan") (MARC's obligations under the AAA Agreement and Area Plan herein collectively referred to as the "AAA Services"); WHEREAS MARC has prepared and maintains the MARC Aging and Adult Services Policies & Procedures Manual – Programs Funded by Older Americans Act (OAA) (herein the "Manual") to outline the rules and regulations that guide MARC and all providers and contractors retained or funded by MARC (as well as any subcontractors hired by such providers and contractors) to deliver AAA Services. A copy of the most recent version, and any subsequent updated version; can be found at https://marc.org/media/691; WHEREAS MARC wishes to retain the services of Contractor for the purpose of providing certain of the AAA Services as more specifically set forth herein (the "Contractor Services"); and WHEREAS, the Contractor warrants that it is capable of providing the Contractor Services and wishes to provide such on the terms and conditions of this Agreement. NOW THEREFORE, the parties hereto do agree as follows: 1. DOCUMENTS INCORPORATED BY REFERENCE MARC and Contractor acknowledge and agree that the MARC Aging and Adult Services Policies & Procedures Manual – Programs Funded by Older Americans Act (OAA) is hereby incorporated into and made a part of this Agreement by this reference as though fully set forth herein. CORE/0501185.0085/243432984.4 Page 129 of 516 MARC shall provide Contractor with not less than thirty (30) days' written notice of any material modification to the MARC Aging and Adult Services Policies & Procedures Manual – Programs Funded by Older Americans Act (OAA). 2. SCOPE OF SERVICES Contractor shall do, perform, and carry out in a satisfactory and proper manner, as determined by MARC, the following Contractor Services: community center services, which include the following components: (a) Community Center Services Administration (b) Frozen Home Delivered Meal Delivery (c) Evidence-Based Disease Prevention/Health Promotion Programs All components are defined in “Program Requirements” of the MARC Aging and Adult Services Policies & Procedures Manual, (hereinafter referred to as the "Manual"), including all revisions to the Manual, as it may be revised from time to time following the execution of this Agreement. The above- mentioned Program Requirements of the Manual are incorporated by reference hereto as if fully set out herein. Contractor agrees to comply with and abide by all applicable provisions of the Manual. The Manual is located at the following web address: https://www.marc.org/media/691 . All services shall be carried out at Palmer Center, 218A N. Pleasant Street, Independence, Missouri, 64050. 3. TIME OF PERFORMANCE (a) Term - Contractor shall begin performing the Contractor Services as of July 1, 2026, and shall work diligently to perform its obligations under the Agreement to the satisfaction of MARC, in accordance with the terms provided herein, by June 30, 2027. (b) Extension of Term - The time frame for the provision of the services under this Agreement may be extended at MARC's sole discretion. 4. COMPENSATION (a) Maximum Obligation - Contractor and MARC expressly understand and agree that in no event will the total compensation paid under this agreement exceed the amounts for each type of service, as listed on Exhibit A attached hereto, which shall constitute full and complete compensation for Contractor’s services hereunder. (b) Method and Time of Payment - Payment shall be made in the following manner: Contractor shall submit monthly invoices, including appropriate documentation, to MARC, no later than the fifth working day following the end of each month. MARC shall reimburse Contractor for all undisputed amounts within thirty (30) calendar days after the receipt of each invoice. Contractor shall maintain complete records of all costs incurred under this agreement. All such records shall be maintained on a generally accepted accounting basis for a minimum period of five (5) years after final payment is made under this Agreement and shall be clearly identifiable and readily accessible to authorized representatives of MARC for inspection and audit. 2 CORE/0501185.0085/243432984.4 Page 130 of 516 5. COMPLIANCE WITH AAA AGREEMENT, CHANGES AND ADDITIONAL SERVICES (a) Compliance with AAA Agreement. The parties acknowledge and agree that the AAA Agreement requires that MARC ensure that any and all sub awardees and/or subcontractors agree to comply with all requirements of the AAA Agreement. Accordingly, the AAA Agreement and Area Plan are hereby incorporated by reference as if here fully set forth, and Contractor agrees to comply with all requirements thereof to the extent that such may apply to the performance of the Contractor Services. (b) Entire Agreement. This Agreement, together with the AAA Agreement, Area Plan, Manual, and any exhibits or schedules attached hereto or referenced herein constitutes the entire agreement between MARC and Contractor, and it may not be amended or altered in any way except by a written amendment signed by both parties to this Agreement. 6. LIQUIDATED DAMAGES In the event that Contractor fails to perform as agreed in any respect, Contractor shall be liable to MARC for any and all additional costs that may be incurred by MARC in securing another contractor to complete the performance, as liquidated damages and not as a penalty. The delivery of programs related to the AAA Services will be impaired or halted in the event Contractor fails to perform. MARC may withhold any payments due to the Contractor for the purpose of setoff. If MARC has a reasonable belief that Contractor has been overpaid, or if MARC has a reasonable belief that MARC will incur expenses or suffer damages through the termination of this Agreement, MARC may withhold amounts which it reasonably believes will compensate MARC for known or anticipated expenses or damages. If MARC withholds funds as payment for known or anticipated expenses or damages, any excess amount which MARC withholds will be released to Contractor within thirty (30) days after MARC learns that the amount which it has withheld is in excess of the amount necessary to compensate for expense and/or damages incurred by MARC. 7. REQUIRED TERMINATION PROVISIONS (a) MARC Discretion. MARC, in its sole discretion, may terminate the obligations of each party under this Agreement, in whole or in part, effective immediately upon providing written notification to the Agreement if: i. The AAA Agreement is terminated; or ii. State and/or federal funds are not appropriated, continued, or available at a sufficient level to fund this Agreement; or iii. A change in federal or state law relevant to this Agreement occurs; or iv. A material change of the parties to the Agreement occurs; or v. By request of the Contractor. (b) For Convenience. Each party under this Agreement may terminate the Agreement, in whole or in part, at any time, for its convenience without penalty or recourse by providing the following written notice: 3 CORE/0501185.0085/243432984.4 Page 131 of 516 i. MARC will provide written notice to the Contractor at least thirty (30) calendar days prior to the effective date of such termination. ii. The Contractor shall provide written notice to MARC at least sixty (60) calendar days prior to the effective date of such termination. iii. In the event of termination, MARC may exercise the rights set forth in 2 CFR § 200.315(b) to reproduce, publish, or otherwise use copyrighted material prepared, furnished or completed by the Contractor pursuant to the terms of the Agreement, and may authorize others to do the same. MARC may also exercise the rights set forth in 2 CFR § 200.315(d) to obtain, reproduce, or otherwise use the data prepared, furnished, or produced by the Contractor pursuant to the terms of the Agreement, and may authorize others to do the same. The Contractor shall be entitled to receive compensation for services and/or supplies performed in accordance with the Agreement. (c) Default. In the event there is a default with respect to any of the provisions of this Agreement or the obligations under it, the non-defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion, not to exceed a total of sixty (60) days. The non-defaulting party may not maintain any action or effect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this paragraph. (d) In the event of any such termination, the Contractor shall deliver to MARC, as the property of MARC, all designs, reports, drawings, studies, estimates, computations, memoranda, documents, and other papers or materials either furnished by MARC or prepared by or for the Contractor under this Agreement. 8. PROJECT MANAGER It is understood and agreed that Contractor shall name a Project Manager who will represent the Contractor in the performance of this Agreement and shall notify MARC of his/her identity within thirty (30) days of the beginning of the contract period. Any subsequent change shall be submitted to MARC within two (2) weeks of the change. 9. COPYRIGHT AND OWNERSHIP OF DOCUMENTS No reports or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Contractor. Ownership of all designs, reports, drawings, studies, estimates, models, computations, and other related items (work products) prepared under this Agreement shall vest in MARC upon payment to the Contractor for all Contractor Services rendered herein through the date of the expiration or termination of this Agreement. Contractor hereby assigns to MARC all rights, titles, and interest in any work products, including any copyrights or other intellectual property therein. 4 CORE/0501185.0085/243432984.4 Page 132 of 516 10. ASSIGNMENT The Contractor's rights, obligations and duties under this Agreement shall not be assigned in whole or in part without the prior written consent of MARC. However, claims for money due to the Contractor from MARC under the terms of this Agreement may be assigned to a bank, trust company or other such financial institution, provided that prompt written notice of such an assignment is given to MARC. None of the Contractor Services covered by this Agreement shall be subcontracted without the prior written approval of MARC in each instance. 11. INDEPENDENT CONTRACTOR Contractor will act as an independent contractor in the performance of the Contractor Services under this Agreement. Accordingly, Contractor shall be responsible for the payment of all required business license fees and all taxes including Federal, State and local taxes arising from Contractor's activities under the terms of this Agreement. 12. PROHIBITED INTERESTS No officer, member or employee of MARC, no member of MARC’s governing body and no other public official of the locality or localities in which the Contractor Services are being carried out who exercises any functions or responsibilities in the review and approval of the services which are the subject of this Agreement shall participate in any decision related to this Agreement affecting, either directly or indirectly, his or her own personal interest. No member of or delegate to the Kansas Legislature, the Missouri General Assembly or the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising from it. 13. CONFLICTS OF INTEREST Contractor hereby certifies that it and any personnel it assigns to perform any aspect of the Contractor Services or perform any work for MARC related to this Agreement are not involved in other community projects that would pose a conflict to the Contractor's ability to successfully carry out its responsibilities under this Agreement. Contractor agrees to comply with, and to sign and deliver on an annual basis, the Conflict of Interest Certification attached hereto as Exhibit B. If potential conflicts arise during the term of this Agreement, the Contractor agrees to notify MARC immediately in writing and discuss the potential issues and work with MARC to address any potential issues arising from the situation. The Contractor covenants that it presently has no known personal or pecuniary interest and shall not knowingly acquire such interest, directly or indirectly, which could conflict in any manner with the performance of Contractor Services under this Agreement, including the submission of impartial reports and recommendations. 14. INSURANCE (a) The Contractor shall maintain commercial general liability, automobile liability, worker's compensation and employer's liability insurance in full force and effect to protect the Contractor from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Contractor and its employees, agents, and subcontractors in the performance of the Contractor Services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. 5 CORE/0501185.0085/243432984.4 Page 133 of 516 (b) The Contractor shall also maintain professional liability insurance to protect the Contractor against the negligent acts, errors, or omissions of the Contractor and those for whom it is legally responsible, arising out of the performance of the Contractor Services under this Agreement. (c) The Contractor's insurance coverages shall be for not less than the following limits of liability: i. Commercial General Liability: $500,000.00 per claim up to $2,000,000.00 per occurrence. ii. Automobile Liability: $100,000.00 per claim up to $2,000,000.00 per occurrence; iii. Worker's Compensation in accordance with the statutory limits; and Employer's Liability: $1,000,000.00; and iv. The Contractor shall, upon request at any time, provide MARC with certificates of ins Fidelity Bonding Coverage: At least Fifty Thousand Dollars ($50,000.00) for all employees, volunteers, or governing body members who have fiscal responsibilities to protect against loss of federal and state funds or agency income. A minimum notification of cancellation of thirty (30) days must be sent to MARC. v. All appropriate policies shall name MARC as an additional insured. (d) Any insurance policy required hereunder shall be written by a company which is incorporated in the United States of America or is based in the United States of America. Each insurance policy must be issued by a company authorized to issue such insurance in the State of Missouri. (e) As between Contractor and MARC, the parties waive any and all rights against each other, including their rights of subrogation, for damages covered by property insurance during and after the completion of Contractor Services under this Agreement. 15. MONITORING, AUDITING AND REPORTING Contractor is required to submit to audit by MARC, by the state of Missouri and/or by the federal government and retain appropriate records and documentation for a five (5) year period following final payment of a contract year. Contractor shall permit monitoring by MARC, its staff and/or representatives, and to comply with such reporting procedures as may be established by MARC. Contractor shall ensure that all pertinent financial records shall be made available for copying upon request by MARC, the state or federal government, or their agents. If it is determined, through audit procedures, that Contractor has been reimbursed inappropriately, the Contractor shall immediately reimburse MARC the amount of ineligible funds. (a) Contractor understands and agrees that the reporting requirements include identifying the actual costs incurred per unit of service, including both MARC costs and Contractor contributions. (b) The Contractor agrees to provide MARC in a timely manner with statistical and other information that may be required to meet the planning and coordination requirements of the Older Americans Act, as amended. 6 CORE/0501185.0085/243432984.4 Page 134 of 516 16. GRIEVANCE POLICY At the time that an individual has been approved and assigned to receive services or participate in programs relating to the Contractor Services (each a "Client"), a written complaint procedure shall be provided to the Client by the Contractor. The grievance procedures and policy shall, at a minimum, meet the standard content prescribed in the MARC grievances policy contained in the MARC Aging and Adult Services Policies & Procedures Manual, including all revisions to that manual as it may be revised from time-to-time following the execution of this Agreement. 17. CONTRIBUTIONS AND PROJECT INCOME The Older Americans Act allows and encourages the collection of voluntary contributions from service recipients. No eligible Client is to be denied a service because of an inability or unwillingness to contribute. Any project income collected by Contractor must be forwarded to MARC with the monthly report, identifying the service for which it was received. It will then be used to expand the service for which it was received. 18. FEDERAL AND STATE TERMS AND CONDITIONS (a) This Agreement shall be subject to, and Contractor agrees to comply with, all applicable Federal Terms and Conditions set forth in Exhibit C attached hereto and incorporated herein by reference. (b) Contractor shall be responsible for ensuring compliance with the Immigration Reform Act of 1986 and all laws regulating immigration and the verification of eligibility for employment of persons. All Contractors and sub-contractors with contract amounts in excess of $5,000 on public projects in Missouri are required to verify the employment eligibility status of employees through the E-Verify federal program administered by the Department of Homeland Security, U.S. Citizenship and Immigration Services and shall provide MARC with a signed copy of E-Verify Certification. Contractor agrees to comply with such requirements and to require the same from any approved subcontractors retained by it as permitted hereunder. Contractor shall indemnify, defend and hold harmless MARC against any expense incurred including imposition of fines which results from violation of such laws. Contractor affirmatively states that it is not knowingly in violation of R.S. Mo. 285.530.1 and shall not henceforth be in such violation. Contractor further agrees to execute a sworn affidavit, under the penalty of perjury attesting to the fact that the Contractor's employees are lawfully present in the United States. Failure of Contractor to comply with this requirement shall be grounds for termination for default. (c) Pursuant to Section 34.600, RSMO, Contractor and any sub-contractor with obligations over $100,000 must certify that it does not discriminate in any boycott of goods or services from the state of Israel or persons doing business in or with Israel unless the contractor has fewer than 10 employees. Accordingly, Contractor and any such contractor shall comply with, and shall provide MARC with a signed copy of, the Anti-Discrimination Against Israel Act Certification. (d) Contractor represents and warrants that (i) it is not suspended, debarred or otherwise excluded from, or ineligible for, participation in Federal assistance programs or activities, (ii) none of its principals are suspended, debarred or otherwise excluded from, or ineligible for, participation in Federal assistance programs or activities. Contractor represents and warrants that it will ensure that its contractors and subcontractors providing services related to this Agreement involving procurement contracts for goods or services equal to or in excess of $25,000 (e.g., subawards to subrecipients) (a) are not suspended, 7 CORE/0501185.0085/243432984.4 Page 135 of 516 debarred or otherwise excluded from, or ineligible for, participation in Federal assistance programs or activities, and (b) none of their principals are suspended, debarred or otherwise excluded from, or ineligible for, participation in Federal assistance programs or activities. Sub-recipient agrees to provide MARC with a signed copy of the Certificate Regarding Debarment and Suspension. (e) Contractor agrees to comply with and sign the Single Audit Certification. (f) On August 21, 1996, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, was enacted. The Department of Health and Human Services developed privacy regulations governing individually identifiable health information, which were published in final form August 14, 2002. These regulations, known as The Privacy Rule, as well as all Administrative Simplification rules, apply to the “covered entities”, meaning health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA. All MARC subrecipients/contractors providing services relating to any MARC Older Americans Act program are considered to be “business associates” of MARC and are therefore required to comply with these adopted standards under HIPAA. Accordingly, Contractor agrees to comply with all applicable terms and conditions set forth on Exhibit D (Business Associate Provisions) attached hereto and incorporated into this Agreement by this reference. 19. INDEMNIFICATION Contractor expressly agrees to defend, indemnify, and hold and save harmless MARC, its officers, agents, servants and employees for liability of any nature (including, without limitation, reasonable attorneys' fees) related to (i) a breach of this Agreement by Contractor, or (ii) the Contractor Services provided under this Agreement by Contractor or arising from any act or omission of Contractor or of any employee or agent of Contractor. Contractor expressly agrees to defend, indemnify, and hold and save harmless the State of Missouri, Department of Health and Senior Services and their respective officers, agents, servants and employees from and against any and all claims of damage, loss, and cost (including attorney fees) to the extent required by Section 7.16 of the AAA Agreement. 20. CONFIDENTIALITY (a) Except as is necessary in the performance of this Agreement, or as authorized in writing by the other party, the parties shall not disclose to any person, institution, entity, company, or other third party any information directly or indirectly related to the parties that the other party (or its employees, agents and contractors) receives as a result of performing its obligations under this Agreement, or of which it is otherwise aware. (b) The parties (and their employees, agents and contractors) shall not disclose, except to each other, any proprietary information, professional secrets or other information, records, data and data elements (including, but not limited to, protected health information) collected and maintained in the course of carrying out the responsibilities under this Agreement, unless such party receives prior written authorization to do so from the other party or as required by law. (c) All confidential obligations contained herein (including those pertaining to information transmitted orally) shall survive the termination of this Agreement. The parties shall ensure that their 8 CORE/0501185.0085/243432984.4 Page 136 of 516 respective employees, agents and contractors are aware of and shall comply with the aforementioned obligations. (d) MARC is a public governmental body subject to the provisions of Missouri’s Sunshine Law, Sections 610.010 through 610.030 RSMo. As such, MARC is required to allow citizens to inspect and copy relevant documents deemed to be “public records” under the law. Nothing herein shall prohibit MARC from satisfying a request to inspect and copy documents if legal counsel for MARC is of the opinion that such documents are “public records.” 21. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the law of the State of Missouri without giving effect to Missouri's choice-of-law provisions. The parties submit exclusively to the jurisdiction of the state and federal courts located in Jackson County, Missouri and waive any objection based upon venue forum or otherwise. 22. NOTICES All notices, requests, consents, and other communications under this Agreement (each, a "Notice") shall be in writing and delivered by: (a) personal delivery; (b) nationally recognized overnight courier (with tracking); (c) certified or registered mail, return receipt requested, postage prepaid; or (d) by email provided that a confirming copy is timely sent by one of the other methods noted herein. Notices shall be addressed as follows, or to such other address as a party may designate in accordance with this Section: To Contractor: [City Name] Attention: [Title] [Address] [City, State ZIP] Email Address: ___________________ To MARC: Tonya Boston Mid-America Regional Council 600 Broadway, Suite 200 Kansas City, Missouri 64105-1659 E-mail Address: tboston@marc.org FAX (816) 421-7758 A Notice shall be deemed given and received: (a) if personally delivered, on the date of delivery as confirmed by written receipt; (b) if sent by overnight courier, on the first business day after deposit with the courier; (c) if sent by certified or registered mail, on the earlier of (i) actual receipt as shown by the return receipt or (ii) five (5) business days after mailing; and (d) if sent by email, on the date of transmission, provided the sender does not receive an automated failure notification and a confirming copy is timely sent by one of the other methods identified above. 9 CORE/0501185.0085/243432984.4 Page 137 of 516 Either party may change its address for Notices by providing Notice to the other party in accordance with this Section, effective five (5) business days after such Notice is given. Any action by MARC under this Agreement may be taken by its Executive Director, or such other person as MARC may designate for such purpose by written notice to Contractor. 23. ENTIRE AGREEMENT This Agreement cancels and supersedes all previous discussions, negotiations, understandings, representations, warranties, and agreements, written or oral, relating to the subject matter of this Agreement, and contains the entire understanding of the parties hereto. IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the dates set forth below. MID-AMERICA REGIONAL COUNCIL CITY OF INDEPENDENCE, MISSOURI By: By: David A. Warm Executive Director Date: 6/22/2026 Date: 10 CORE/0501185.0085/243432984.4 Page 138 of 516 EXHIBIT A COMPENSATION The total compensation paid under this Agreement will not exceed the amounts for each type of service, as listed below, which shall constitute full and complete compensation for Contractor’s services hereunder: Service Funding/Notes Not to Exceed Amount Administration of the Community Funded with Title IIIC1; ALN #93.045 $ 22,000 Center Delivery of Frozen Home $2.00/meal. Funded, in part, with Title IIIC2; $ 20,000 Delivered Meals ALN #93.045 Evidence-based Disease Prevention/Health Promotion Funded with Title IIID, ALN #93.043 $ 10,000 (DPHP) programs Total Contractual Commitment $ 52,000 * Where applicable, reimbursement for picking up bulk orders of meals from the re-pack facility before completing last mile delivery will be a minimum of $175/month, plus $150 for each additional delivery over one (1) delivery, up to a maximum of $625/month, for each month in which bulk frozen meals are picked up. For audit purposes, all voluntary contributions collected through the provision of any of these services will be considered federal funds. Contractor, as a federal subrecipient, is responsible for a minimum of 25% match of the total cost of these programs in the form of in-kind contributions. Contractor proposed no indirect costs. Therefore, indirect costs will be considered unallowable costs. Where appropriate, Contractor shall be held fiscally responsible for noncompliance resulting in losses of perishable goods, and/or excessive trip/wait time as determined by MARC. Annex 1 hereto provides DETAIL OF FEDERAL FINANCIAL ASSISTANCE FUNDING By Program and Code of Federal Domestic Assistance (ALN) Number. CORE/0501185.0085/243432984.4 Page 139 of 516 Annex 1 to Exhibit A (Compensation) DETAIL OF FEDERAL FINANCIAL ASSISTANCE FUNDING By Program and Code of Federal Domestic Assistance (ALN) Number State Fiscal Year 2027 Funding Allocation As Passed to the Missouri Department of Health and Senior Services, which in Turn is Passed through to MARC Federal Awarding Agency: Department of Health and Human Services – Administration for Community Living (ACL) Federal Award Name: Older Americans Act Title III Part III-C1: Congregate Meals; ALN #93.045 $22,000 ALN Title – Special Programs for the Aging Title III, Part C, Nutrition Services Federal Awards – TBD Part III-C2: Home Delivered Meals; ALN #93.045 $16,000 ALN Title – Special Programs for the Aging Title III, Part C, Nutrition Services Federal Awards – TBD Part III-D: Disease Prevention; ALN #93.043 $10,000 ALN Title – Special Programs for the Aging Title III, Part D, Disease Prevention Federal Awards – TBD Total Amount of Federal Awards Obligated by this Action: tba Total Amount of Federal Awards Obligated to Subrecipient Under this Agreement: $48,000 12 CORE/0501185.0085/243432984.4 Page 140 of 516 EXHIBIT B Area Agency on Aging Organizational Conflict of Interest Screening for Older Americans Act Programs Organizational Conflict of Interest Per OAA Final Rule, 45 CFR 1321, all Area Agency on Aging (AAA) entities must ensure there are no organizational conflicts of interest (COI). Organizational conflicts occur when performance on one contract or funding source might compromise the ability to work successfully on another contract or when one contract or funding source compromises the ability to compete for another contract or funding source fairly. For example, conflict exist between the Title III Program and the Long-Term Care Ombudsman Program (LTCOP) through the Older Americans Act. These conflicts have been identified and remedied through the LTCOP, but the AAA should review the work of the agency for other potential perceived or real conflicts. In the past 12 months, has the agency identified any organizational conflicts when completing the following tasks: 1. Reviewing service utilization and financial incentives to ensure agency employees, governing board and advisory council members, grantees, contractors, and other awardees who serve multiple roles, such as assessment and service delivery, are appropriately stewarding Federal resources while fostering services to enhance access to community living. Yes No 2. Robust monitoring and oversight, including periodic reviews, to identify conflicts of interest in the Title III program. Yes No 3. Ensuring that no individual, or member of the immediate family of an individual, involved in Title III programs has a conflict of interest. Yes No 4. Requiring that agencies to which the area agency provides Title III funds have policies in place to prohibit the employment or appointment of Title III program decision makers, staff, or volunteers with conflicts that cannot be adequately removed or remedied. Yes No Answering “Yes” to any of these questions indicates a potential conflict of interest. If a conflict of interest is identified, the “Organizational Conflict of Interest Identification, Removal, and Remedy Form” must be completed and submitted to the AAA Director for review and approval. Failure to identify and remove a conflict of interest could result in disciplinary action or termination of employment. I certify that I have read and understand this COI form and our agency has no conflicts. I certify that I have read and understood this COI form and have notified the AAA Director of any potentially perceived or actual conflict of interest. ___________________________ ______________________________ _______________ Employee Name Signature Date ___________________________ ______________________________ _______________ AAA Director Name Signature Date 13 CORE/0501185.0085/243432984.4 Page 141 of 516 EXHIBIT C Federal Terms and Conditions 1. NONDISCRIMINATION (49 CFR Part (d) The Contractor shall provide 21): all information and reports required under the Regulations or directives issued pursuant During the performance of this Agreement, thereto, and shall permit access to its books, the Contractor, for itself, its assignees, and records, accounts, and other sources of successors in interest, agrees as follows: information, and its facilities as may be determined by MARC to be pertinent to (a) Contractor shall comply with ascertain compliance with such Regulations, the regulations relative to nondiscrimination orders and instructions. Where any in federally assisted programs of the United information is required, or such information is States Department of Commerce, as they may in the exclusive possession of another that be amended from time to time (hereinafter fails or refuses to furnish this information, the referred to as the "Regulations"), which are Contractor shall so certify to MARC, and shall hereby incorporated by reference and made a set forth what efforts it has made to obtain the part of this Agreement. information. (b) Contractor, with regard to the (e) In the event of the Contractor's Services performed by it during the term of noncompliance with the nondiscrimination this Agreement, shall not discriminate on the provisions of this Agreement, MARC shall grounds of age, race, color, sex or national impose such contract sanctions as it may origin in the selection or retention of determine to be appropriate, including, but not Contractors, including procurement of limited to: (i) Withholding of payments to the materials and leases of equipment. Contractor Contractor under the Agreement until the shall not participate, either directly or Contractor complies; and/or (ii) Cancellation, indirectly, in the discrimination prohibited by termination, or suspension of the Agreement, Section 21.5 of the Regulations, including in whole or in part. employment practices when the Agreement covers a program set forth in Appendix "B" of (f) The Contractor shall include the Regulations. the provisions of Paragraphs A through E above in every subcontract, including (c) In all solicitations, whether by procurement of materials and leases of competitive bidding or negotiation, made by equipment, unless exempt by the Regulations the Contractor for services to be performed or directives issued pursuant thereto. The under a subcontract, including procurement of Contractor shall take such action with respect materials or leases of equipment, each to any subcontract or procurement as MARC potential subcontractor or supplier shall be may direct as a means of enforcing such notified by the Contractor of the Contractor's provisions, including sanctions for obligations under this Agreement and the noncompliance; provided, however, that in the Regulations relative to nondiscrimination on event the Contractor becomes involved in or is the grounds of age, race, color, sex or national threatened with litigation with a subcontractor origin. or supplier as a result of such direction, the Contractor may request MARC to enter into CORE/0501185.0085/243432984.4 Page 142 of 516 such litigation to protect the interests of relevant orders of the Secretary of Labor MARC. pursuant to the Act. 2. AMERICANS WITH DISABILITIES (c) In the event of the Contractor's ACT: noncompliance with the requirements of this clause, actions for noncompliance may be Contractor shall comply with applicable taken in accordance with the rules, provisions of the Americans with Disabilities regulations, and relevant orders of the Act of 1991, as amended. In particular, Secretary of Labor pursuant to the Act. Contractor shall assist MARC in compliance by including appropriate language in all (d) The Contractor agrees to post public documents and reports notifying in conspicuous places, available to employees persons with disabilities of MARC's policy of and applicants for employment, notices in a providing accommodations (i.e. interpreter, form to be prescribed by the director, provided large print, reader and hearing assistance) to by or through the contracting officer. Such persons who need such assistance to notices shall state the Sub-recipient's participate in or receive benefits related to the obligation under the law to take affirmative Contractor Services. action to employ and advance in employment qualified handicapped employees and 3. AFFIRMATIVE ACTION IN applicants for employment, and the rights of EMPLOYMENT: applicants and employees. The Contractor shall comply with the (e) The Contractor will notify each provisions of Section 503 of the labor union or representative of workers with Rehabilitation Act of 1973, as amended (the which it has a collective bargaining agreement “Act”), and agrees as follows: or other contract understanding, that the Contractor is bound by the terms of the Act (a) The Contractor will not and is committed to take affirmative action to discriminate against any employee or employ and advance in employment applicant for employment because of physical physically and mentally disabled individuals. or mental handicap in regard to any position for which the employee or applicant for (f) The Contractor will include the employment is qualified. The Contractor provisions of Paragraphs A through E above agrees to take affirmative action to employ, in every subcontract or purchase order of advance in employment and otherwise treat $2,500.00 or more unless exempted by rules, qualified handicapped individuals without regulations or orders of the Secretary issued discrimination based upon their physical or pursuant to the Act, so that such provisions mental handicap in all employment practices will be binding on each subcontractor or such as the following: employment, vendor. The Contractor will take such action upgrading, demotion or transfer, recruitment, with respect to any subcontract or purchase advertising, layoff or termination, rates of pay order as the director of the Office of Federal or other form of compensation, and selection Contract Compliance Programs may direct to for training, including apprenticeship. enforce such provisions, including action for noncompliance (41 CFR 60-741.4.4). (b) The Contractor agrees to comply with the rules, regulations, and 15 CORE/0501185.0085/243432984.4 Page 143 of 516 4. EQUAL EMPLOYMENT discrimination laws. The Contractor OPPORTUNITY (41 CFR Part 60-1.4(b)): acknowledges and agrees that such compliance is material to the Government’s During the performance of this Agreement, payment decisions for purposes of 31 U.S.C. the Contractor agrees as follows: § 3729(b)(4), as required by Executive Order 14173, Ending Illegal Discrimination and (a) The Contractor will not Restoring Merit-Based Opportunity. discriminate against any employee or applicant for employment because of race, (e) The Contractor certifies that it color, religion, sex or national origin. The does not operate any programs promoting Contractor will take affirmative action to diversity, equity, and inclusion that violate ensure that applicants are employed, and that any applicable federal anti-discrimination employees are treated during employment laws. The Contractor shall not, in performing without regard to their race, color, religion, this Agreement, engage in employment, sex or national origin. Such action shall procurement, contracting, or programmatic include, but not be limited to, the following: practices that discriminate on the basis of race, employment, upgrading, demotion or transfer, color, religion, sex, national origin, or any recruitment or recruitment advertising, layoff other characteristic protected by applicable or termination, rates of pay or other forms of federal anti-discrimination law. compensation, and selection for training, including apprenticeship. The Contractor (f) The Contractor shall include agrees to post in conspicuous places, available the substance of this Section in each to employees and applicants for employment, subcontract, purchase order, or other lower- notices to be provided setting forth the tier agreement to the extent required by provisions of this nondiscrimination clause. applicable law, the terms of the applicable federal award, or written direction from (b) The Contractor will, in all MARC. The Contractor shall maintain solicitations or advertisements for employees records reasonably sufficient to demonstrate placed by or on behalf of the Sub-recipient, compliance with this Section and shall provide state that all qualified applicants will receive information reasonably requested by MARC consideration for employment without regard in connection with MARC’s compliance to race, color, religion, sex or national origin. obligations under the applicable federal award. (c) The Contractor will send to each labor union or representative of workers 5. PROHIBITION AGAINST with which it has a collective bargaining SUBSTANCE ABUSE: agreement or other contract or understanding, a notice to be provided advising the said labor The Contractor shall comply with the union or workers' representatives of the requirements of the Omnibus Drug Initiative Contractor's commitments under this Section, Act of 1988 (Public Law 100-690), as and shall post copies of the notice in amended, and certify to MARC that it will conspicuous places available to employees provide a drug-free workplace. and applicants for employment. 6. LOBBYING: (d) During the performance of this Agreement, the Contractor shall comply in all The Contractor hereby certifies that the respects with all applicable federal anti- federal funds provided under the terms of this 16 CORE/0501185.0085/243432984.4 Page 144 of 516 Agreement will not be paid, by or on behalf Order 11738, and Environmental Protection of the Contractor, to any person to influence Agency regulations (40 CFR Part 15). an officer or employee of any federal agency or federal elected official. The Contractor 11. WINDSOR V. UNITED STATES: will provide full disclosure of any non- federal resources expended to lobby any Contractor will comply with the requirement federal official in connection with the to provide services to married same-sex Contractor Services. couples. 7. COPELAND “ANTI-KICKBACK” 12. EMPLOYEE WHISTLEBLOWER ACT: PROTECTIONS: All contracts and subgrants for construction Contractor shall comply with the provisions or repair will include provision for of 41 U.S.C. 4712 that states an employee of compliance with the Copeland “Anti- a contractor, subcontractor, grantee, or Kickback” Act (18 U.S.C. 874) as subgrantee may not be discharged, demoted supplemented in DOL regulations (29 CFR or otherwise discriminated against as a Part 3). reprisal for “whistleblowing”. In addition, whistleblower protections cannot be waived 8. DAVIS-BACON ACT: by any agreement, policy, form, or condition of employment. All construction endeavors of the AAA in excess of $2,000 will include provision for 13. TARGET POPULATION:(OAA compliance with the Davis-Bacon Act (40 Section 306 (a)(4)(A)(i)(I)) U.S.C. section 3141 et seq.). Contractor shall target its services to low- 9. CONTRACT WORK HOURS AND income minority individuals, older rural SAFETY STANDARDS ACT: individuals, and older individuals with limited English proficiency. Persons aged 60 All construction endeavors of the AAA in or over who are frail, homebound by reason excess of $2,000, and in excess of $2,500 for of illness or incapacitation disability, or other contracts involving employment of otherwise isolated, shall be given priority in mechanics or laborers, will include provision the delivery of services. (45 CFR for compliance with Sections 103 and 107 of 1321.69(a)). the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as 14. BOSTOCK v CLAYTON COUNTY: supplemented by DOL Regulations (29 CFR part 5). Contractor shall ensure employees are protected against discrimination because of 10. CLEAN AIR ACT/CLEAN WATER their sexual orientation or gender identity. ACT/EPA REGULATIONS: Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, under section 306 (42 U.S.C. 1857 (h)), section 508 of the Clean Water Act (42 U.S.C. 1368), Executive 17 CORE/0501185.0085/243432984.4 Page 145 of 516 EXHIBIT D BUSINESS ASSOCIATE PROVISIONS These BUSINESS ASSOCIATE PROVISIONS (“BAPs”) are incorporated into and made part of the Agreement to which they are attached by and between Mid-America Regional Council (“MARC”) on behalf of itself and its subsidiaries and affiliates and the Contractor identified therein (herein the “Business Associate”) on behalf of itself and its subsidiaries and affiliates. These BAP's replace and supersede any previous business associate agreements entered into between the Parties. Title II of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (which includes the “Privacy Rule” and the “Security Rule”), and the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH Act”) impose certain obligations upon MARC to maintain the security and confidentiality of Protected Health Information (“PHI”). Specifically, the “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164. The HIPAA Privacy Rule is the Standards for Privacy of Individually Identifiable Health Information at 45 CFR, part 160 and part 164, subparts A and E. The HIPAA Security Rule is the HIPAA Security Standards (45 C.F.R. Parts 160 and 164, Subpart C). The HIPAA Breach Notification Rule is the Notification in the Case of Breach of Unsecured Protected Health Information, as set forth at 45 CFR Part 164 Subpart D. The Patient Protection and Affordable Care Act of 2010 (“ACA”) as amended by the Health Care and Education Reconciliation Act of 2010 and implementing regulations found at 45 C.F.R. Parts 155, 156, and 157 (“Exchange Regulations”) impose certain privacy and security requirements related to Personally Identifiable Information (“PII”). 1. Confidentiality of Substance Use Disorder Patient Records Rule found at 42.C.F.R. Part 2 (“Part 2 Rule”) imposes additional privacy and security requirements on “Part 2 Programs” and “Lawful Holders”, including MARC, who receive information related to the diagnosis of an individual with a substance use disorder, having or having had a substance use disorder, or being or having been referred to treatment for a substance use disorder (herein called “Part 2 Information” for convenience). All references to PHI throughout these BAPs shall also apply to PII for purposes of compliance with the ACA and the Exchange Regulations and to Part 2 Information for purposes of compliance with the Part 2 Rule. To perform under the Agreement, Business Associate may create, receive, maintain, or transmit PHI on behalf of MARC. As such, HIPAA and ACA require that MARC enter into a written agreement with Business Associate that includes specific provisions for the protection of PHI. MARC and Business Associate mutually agree to adopt these BAPSs to satisfy such obligations. The parties intend that these BAPSs only apply to Business Associate to the extent the services provided by Business Associate to MARC are covered by HIPAA, the HIPAA Rules, ACA, or the Exchange Rules. Business Associate recognizes and agrees that it is obligated by law to meet the applicable provisions of the HIPAA Rules and Exchange Rules related to PHI. CORE/0501185.0085/243432984.4 Page 146 of 516 2. Privacy of Protected Health Information (PHI) (a) Permitted Uses and Disclosures. Business Associate is permitted, or required, to use or disclose PHI it creates or receives for, or from, MARC only as follows, consistent with the Privacy Rule and Exchange Rule: i. Functions and Activities on MARC’s Behalf. Business Associate is permitted to request the minimum necessary PHI from MARC or on MARC’s behalf and to use and to disclose the minimum necessary PHI it creates or receives from or on behalf of MARC to perform its obligations under the Agreement. ii. Business Associate’s Operations; Data Aggregation. Business Associate may use or disclose the minimum necessary PHI it creates or receives for or from MARC as necessary for data aggregation. Business Associate may use the minimum necessary PHI it creates or receives for or from MARC as necessary for Business Associate’s proper management and administration or to carry out Business Associate’s legal responsibilities. Business Associate may disclose the minimum necessary of such PHI to other third-parties as necessary for Business Associate’s proper management and administration or to carry out Business Associate’s legal responsibilities only if: (1) The disclosure is required by law; or (2) Business Associate obtains reasonable assurance, evidenced by written agreement, from any other person or organization to which Business Associate will disclose such PHI that the person or organization will: i. Hold such PHI in confidence and use or further disclose it only for the purpose for which Business Associate disclosed it to the person or organization or as required by law; and ii. Notify Business Associate (who will in turn promptly notify MARC) of any instance of which the person or organization becomes aware in which the confidentiality of such PHI was breached. iii. Additional Limitations as to Part 2 Information. To the extent Business Associate creates, receives, or maintains Part 2 Information for or from MARC, Business Associate will only use or disclose such Part 2 Information to perform obligations under the Agreement and in a manner permitted by the Part 2 Rule. iv. Additional Limitations as to Reproductive Health Care Information. To the extent that Business Associate is required by law to disclose PHI or requested to disclose PHI potentially related to Reproductive Health Care, Business Associate will immediately provide MARC with written notice and provide MARC with an opportunity to oppose any request for such PHI or to take whatever action MARC deems appropriate. v. De-identification. Business Associate may use PHI to create information that is de- identified in accordance with 45 C.F.R. 164.514. Business Associate shall be responsible for ensuring such de-identification complies with all requirements of the HIPAA Rules and that such information cannot be re-identified. Further, Business Associate shall ensure the information does not identify or represent the information as pertaining to MARC. Any 19 CORE/0501185.0085/243432984.4 Page 147 of 516 violation of this Section A.1.c) shall be considered an Unauthorized Use/Disclosure, defined below. (b) Minimum Necessary and Limited Data Set. Business Associate’s use, disclosure or request of PHI shall utilize a Limited Data Set if practicable. Otherwise, Business Associate will, in its performance of the functions, activities, services, and operations specified in Section A.1 above, make reasonable efforts to use, to disclose, and to request of a Covered Entity only the minimum amount of PHI reasonably necessary to accomplish the intended purpose of the use, disclosure or request. In addition, Business Associate also agrees to implement and follow appropriate minimum necessary policies in the performance of its obligations under these BAPs. (c) Prohibition on Unauthorized Uses and Disclosures. Business Associate will neither use nor disclose PHI it creates or receives for or from MARC or from another business associate of MARC, except as permitted or required by these BAPs or as required by law or as otherwise permitted in writing by MARC. (d) Sale of PHI. Business Associate shall not directly or indirectly receive remuneration in exchange for PHI except where permitted by these BAPs and consistent with applicable law. (e) Marketing. Business Associate shall not directly or indirectly receive payment for any use or disclosure of PHI for marketing purposes except where permitted by these BAPs and consistent with applicable law. (f) Information Safeguards. i. Privacy of MARC’s Clients’ Protected Health Information. Business Associate will develop, implement, maintain, and use appropriate administrative, technical, and physical safeguards to protect the privacy of MARC’s Clients’ PHI. The safeguards must reasonably protect MARC’s Clients’ PHI from any intentional or unintentional use or disclosure in violation of the Privacy Rule, 45 C.F.R. Part 164, Subpart E, the Exchange Rule and these BAPs, and limit incidental uses or disclosures made pursuant to a use or disclosure otherwise permitted by these BAPs. ii. Security of MARC’s Clients’ Electronic Protected Health Information. Business Associate will develop, implement, maintain, and use administrative, technical, and physical safeguards that protect the confidentiality, integrity, and availability of Electronic PHI that Business Associate creates, receives, maintains, or transmits on MARC’s behalf as required by the Security Rule, 45 C.F.R. Part 164, Subpart C, the Exchange Rule and as required by the HITECH Act. Business Associate also shall develop and implement policies and procedures and meet the Security Rule documentation requirements, as of the compliance date for such obligations as applied to Business Associates. iii. Evidence of Safeguards. Business Associate will provide MARC evidence of its information safeguards through completion of a SOC2 audit or response to MARC’s information security questionnaire. (g) Subcontractors and Agents. Business Associate will require any of its subcontractors and agents, to which Business Associate is permitted by these BAPs or in writing by MARC to disclose any of the PHI Business Associate creates or receives for or from MARC, to provide reasonable assurance, evidenced by written agreement, that subcontractor or agent will comply with the same 20 CORE/0501185.0085/243432984.4 Page 148 of 516 privacy and security obligations as Business Associate with respect to such PHI. In addition to this requirement, Business Associate may not re-disclose any Part 2 Information to a subcontractor unless: the third-party a) is involved in the provision of services to MARC; b) needs such Part 2 Information to provide the services for MARC; and c) only further discloses the Part 2 Information back to Business Associate or MARC. 3. Compliance with Transaction Standards. If Business Associate conducts in whole or part electronic Transactions on behalf of MARC for which Department of Health and Human Services (“HHS”) has established Standards, Business Associate will comply, and will require any subcontractor or agent it involves with the conduct of such Transactions to comply, with each applicable requirement of the Transaction Rule, 45 C.F.R. Part 162. Business Associate will not enter into, or permit its subcontractors or agents to enter into, any Trading Partner Agreement in connection with the conduct of Standard Transactions on behalf of MARC that: (a) Changes the definition, data condition, or use of a data element or segment in a Standard Transaction; (b) Adds any data element or segment to the maximum defined data set; (c) Uses any code or data element that is marked “not used” in the Standard Transaction’s implementation specification or is not in the Standard Transaction’s implementation specification; or (d) Changes the meaning or intent of the Standard Transaction’s implementation specification 4. Individual Rights. The HIPAA regulations give individuals covered under MARC health benefits plans certain rights in the PHI that is maintained by MARC about those individuals. To the extent the services Business Associate provides to MARC affect MARC’s ability to comply with its obligations related to individual rights, MARC requires Business Associate’s cooperation in ensuring that the following rights are given to the individual: (a) Access. Business Associate will promptly upon MARC’s request make available to MARC or, at MARC’s direction, to the individual (or the individual’s personal representative) for inspection and obtaining copies of any PHI about the individual which Business Associate created or received for or from MARC and that is in Business Associate’s custody or control, consistent with the requirements of 45 C.F.R. § 164.524, so that MARC may meet its access obligations under 45 C.F.R. § 164.524. Business Associate shall make such information available in an electronic format where directed by MARC. (b) Amendment. Business Associate will, upon receipt of notice from MARC, promptly amend or permit MARC access to amend any portion of the PHI which Business Associate created or received for or from MARC, so that MARC may meet its amendment obligations under 45 C.F.R. § 164.526. (c) Disclosure Accounting. So that MARC may meet its disclosure accounting obligations under 45 C.F.R. § 164.528: 21 CORE/0501185.0085/243432984.4 Page 149 of 516 i. Disclosure Tracking. Business Associate will record the following data as required by the HIPAA Privacy Rule for each disclosure, except those listed under Section C.3(c) below as not requiring an accounting, that Business Associate makes to MARC or a third-party of PHI that Business Associate creates or receives for or from MARC: (i) the disclosure date; (ii) the name and (if known) address of the person or entity to whom Business Associate made the disclosure; (iii) a brief description of the PHI disclosed; and (iv) a brief statement of the purpose of the disclosure (items i-iv, collectively, the “disclosure information”). ii. Repetitive Disclosures. For repetitive disclosures Business Associate makes to the same person or entity (including MARC) for a single purpose, Business Associate may provide: (i) the disclosure information for the first of these repetitive disclosures; (ii) the frequency, periodicity or number of these repetitive disclosures; and (iii) the date of the last of these repetitive disclosures. Business Associate will make this disclosure information available to MARC promptly upon MARC’s request. iii. Exceptions from Disclosure Tracking. Business Associate need not record disclosure information or otherwise account for disclosures of PHI that these BAPs or MARC in writing permits or requires: (i) for the purpose of MARC’s payment activities, or health care operations, (except where such recording or accounting is required by the HITECH Act, and as of the effective dates for this provision of the HITECH Act); (ii) to the individual who is the subject of the PHI disclosed or to that individual’s personal representative; (iii) to another covered entity or business associate of another covered entity for the treatment, payment or healthcare operations of the receiving covered entity; (iv) incident to a use or disclosure permitted by the Privacy Rule; (v) pursuant to an authorization signed by the individual consistent with the requirements of the Privacy Rule; (vi) for notification for disaster relief purposes; (vii) for national security or intelligence purposes; (viii) to law enforcement officials or correctional institutions regarding inmates or other persons in lawful custody; or (ix) as part of a limited data set under 45 C.F.R. 164.514(e). iv. Availability of Disclosure Information. Unless otherwise provided by applicable law, Business Associate must have available for MARC the disclosure information required by Section C.3(a) above for the six (6) years preceding the date of MARC’s request for the disclosure information. Business Associate will make the Disclosure Information available to MARC within ten (10) business days following MARC’s request for such Disclosure Information or as necessary to comply with an individual’s request for disclosure accounting. 5. Reporting. (a) Unauthorized Use or Disclosure. Business Associate will report to MARC any use or disclosure of PHI not permitted by these BAPs or by written authorization from MARC (“Unauthorized Use/Disclosure”). An Unauthorized Use/Disclosure includes, but is not limited to, a "Breach" of "Unsecured Protected Health Information" as these terms are defined by the Breach Notification Regulation. (b) Security Incidents. Business Associate will provide notice to MARC of any Security Incidents that result in actual or reasonably likely unauthorized access, use, disclosure, modification or destruction of information or interference with Business Associate’s system operations (“Successful Security Incidents”) of which Business Associate becomes aware. A Successful Security Incident 22 CORE/0501185.0085/243432984.4 Page 150 of 516 shall include, but is not limited to a Breach of Unsecured Protected Health Information as these terms are defined by the Breach Notification Regulations For Security Incidents that do not result in unauthorized access, use, disclosure, modification or destruction of information or interference with Business Associate’s system operations (“Unsuccessful Security Incidents”), each party agrees that this paragraph constitutes notice from Business Associate to MARCC of types of such Unsuccessful Security Incidents. The parties consider the following to be illustrative, but not inclusive, of Unsuccessful Security Incidents when they do not result in unauthorized access, use, disclosure, modification, or destruction of e-PHI or interference with an information system: i. Pings on Business Associate’s firewall; ii. Port scans; iii. Attempts to log on to a system or enter a database with an invalid password or username; iv. Denial-of-service attacks that do not result in a server being taken off-line; and v. Malware (e.g., worms, viruses) (c) Content of Report. Any report made under this Section D shall be provided to MARC’s Privacy Officer without unreasonable delay not to exceed three (3) business days from the Business Associate’s discovery of the Unauthorized Use/Disclosure or Successful Security Incident (collectively “Reportable Incident”) and shall include: i. the identification (if known) of each individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such Reportable Incident; ii. the nature of the non-permitted access, use or disclosure, including the date of the Reportable Incident and the date of discovery of the Reportable Incident; iii. the PHI accessed, used or disclosed in the Reportable Incident, to include the identification (if known) of each individual whose PHI has been, or is reasonably believed by Business Associate to have been, accessed, acquired or disclosed during such Reportable Incident (e.g., full name, social security number, date of birth, etc.); iv. who made the non-permitted or violating access, use or received the non-permitted or violating disclosure; v. what corrective action Business Associate took or will take to prevent further non- permitted access, uses or disclosures; vi. what Business Associate did or will do to mitigate any harmful effect of the non- permitted access, use or disclosure; and vii. such other information, including a written report, as MARC may reasonably request. 23 CORE/0501185.0085/243432984.4 Page 151 of 516 (d) Delivery of Notice. For purposes of notifying MARC of Reportable Incidents or other notices required under these BAPs, notices shall be deemed given when properly addressed to a party’s privacy contact, upon the date of receipt if hand-delivered or e-mailed, or three (3) business days after deposit in the U.S. mail if mailed by registered or certified mail, postage prepaid, or one (1) business day after deposit with a national overnight courier for next business day delivery, or upon the date of electronic confirmation of receipt of a facsimile transmission. (e) Address for Notice to MARC. Notice of a Reportable Incident may be communicated to MARC as follows: Contact Office: Privacy Officer Carol Gonzales Mid-America Regional Council 600 Broadway Blvd, STE 200 Kansas City, MO 64105 Telephone: 816-701-8204 E-mail: cgonzales@MARC.ORG (f) Mitigation and Corrective Action. Promptly upon learning of any Reportable Incident that is or may be a Breach as defined by the Breach Notification Regulation, and in addition to the reporting required by Section D, Business Associate will take steps to mitigate the Breach to the extent possible, including taking corrective action to attempt to cure the Breach as promptly as possible. (g) Cooperation in Investigation. Business Associate shall cooperate with MARC in investigating any Reportable Incident and in meeting MARC’s obligations under the Breach Notification Regulation and any other federal or state security breach notification laws. (h) Notifications Required by Law. To the extent a Reportable Incident triggers an obligation of MARC to provide notification to individuals, media, regulatory agencies or other parties under the Breach Notification Regulations or other state or federal law (“Notifications”), Business Associate will cooperate with MARC in the provision of such Notifications. Notwithstanding anything to the contrary in the Agreement, Business Associate will reimburse MARC for MARC’s costs in preparing and providing Notifications, including, but not limited to, credit monitoring services, and/or other costs incurred by MARC deemed reasonably necessary by MARC to notify its members of a breach by Business Associate or its subcontractor. 6. Termination of Primary Agreement. The following provisions govern terminations related to Business Associate’s breach of its privacy obligations under these BAPs. The terms and conditions of the Agreement governing all other rights of termination shall remain in full force and effect. (a) Right to Terminate for Breach. i. In the event MARC determines that Business Associate is in violation of any term of these BAPs, MARC shall notify Business Associate of such violation. MARC may provide Business Associate opportunity to cure the violation. If Business Associate does not cure the 24 CORE/0501185.0085/243432984.4 Page 152 of 516 violation to the extent necessary, in MARC’s sole discretion, for MARC to comply with requirements of 45 C.F.R. 164.504(e)(1), MARC may terminate these BAPs. To the extent Business Associate must create, receive, maintain, or transmit PHI in order to perform under the Agreement, termination of these BAPs shall constitute a material breach of the Agreement. ii. In the event Business Associate determines that MARC is in violation of any term of these BAPs, Business Associate shall notify MARC of such violation. Business Associate may provide MARC opportunity to cure the violation. If MARC does not cure the violation to the extent necessary, in Business Associate’s sole discretion, for Business Associate to comply with requirements of 45 C.F.R. 164.504(e)(1), Business Associate may terminate these BAPs. To the extent Business Associate must create, receive, maintain, or transmit PHI in order to perform under the Agreement, termination of these BAPs shall constitute a material breach of the Agreement. iii. Termination of BAPs on Conclusion of Agreement. These BAPs will terminate upon termination or other conclusion of all underlying Agreements into which it has been incorporated by reference. iv. Obligations upon Termination. (1) Return or Destruction. Upon termination, cancellation, expiration or other conclusion of these BAPs or the Agreement, Business Associate will, at MARC’s instruction, either return all PHI to MARC (if feasible) or destroy all PHI, in whatever form or medium (including in any electronic medium under Business Associate’s custody or control), that Business Associate created or received for or from MARC, including all copies of and any data or compilations derived from and allowing identification of any individual who is a subject of the PHI. Business Associate will complete such return or destruction as promptly as possible, but not later than thirty (30) days after the effective date of the termination, cancellation, expiration or other conclusion of the Agreement. (2) When Return or Destruction is Not Feasible. Business Associate will identify any PHI that Business Associate created or received for or from MARC that cannot feasibly be returned to MARC or destroyed, and, where MARC agrees, in its reasonable judgment, that such return or destruction is infeasible, will limit its further use or disclosure of that PHI to those purposes that make return or destruction of that PHI infeasible. If MARC does not agree, the above requirement to return or destroy PHI will apply. Within such thirty (30) days after the effective date of the termination, Business Associate will certify in writing to MARC that such return or destruction has been completed, will deliver to MARC the identification of any PHI for which return or destruction is infeasible and, for that PHI, will certify that it will only use or disclose such PHI for those purposes that make return or destruction infeasible. (3) Continuing Privacy and Security Obligation. Business Associate’s obligation to protect the privacy and safeguard the security of the PHI it created or received for or from MARC will be continuous and survive termination, cancellation, expiration or other conclusion of these BAPs and the Agreement. 25 CORE/0501185.0085/243432984.4 Page 153 of 516 (4) Other Obligations and Rights. All other obligations and rights given to Business Associate and MARC upon termination, cancellation, expiration or other conclusion of the Agreement will be those set out in the Agreement. 7. Obligations of MARC. (a) Notice of Privacy. MARC will maintain its current Notice of Privacy Practices available on its website at https://www.marc.org/privacy-policy-and-terms-use . (b) Unauthorized Disclosures. MARC will not request that Business Associate use or disclose PHI in a manner not permitted by the HIPAA Rules. (c) Agreed Upon Restriction. In the event MARC agrees to a restriction requested by an individual under 45 C.F.R. 164.522 that affects Business Associate’s use of PHI of that individual, MARC will notify Business Associate of such restriction. 8. Insurance and Indemnification. (a) Insurance. Business Associate shall maintain, at its own expense, insurance (“Insurance”) covering the party for claims, losses, liabilities, judgments, settlements, lawsuits, regulatory actions, and other costs or damages arising out of its performance under these BAPs, including any negligent or otherwise wrongful acts or omissions by Business Associate or any employee or agent thereof, including a subcontractor of Business Associate. This includes, but is not limited to: any breach of HIPAA, HITECH Act, the HIPAA Rules, ACA, the Exchange Rules or any other law or regulation governing confidentiality of PHI. The policy, or policies maintained by Business Associate pursuant to these BAPs shall have a per-claim policy limit of not less than One (1) Million Dollars ($1,000,000) and any policy aggregate limit shall be no less than Three (3) Million Dollars ($3,000,000). Business Associate shall provide evidence of such insurance coverage to MARC upon request. No term of these BAPs or the Agreement shall limit the ability of a party or its insurer to recover damages, fees, or other relief otherwise available at law related to the violation of a term of these BAPs by the other party. (b) Indemnification in Agreement. A breach of the terms and conditions of these BAPs shall be deemed a breach of the Agreement and a claim, fine, demand or cause of action of any character arising out of these BAPs shall be deemed arising out of the Agreement for the purposes of the indemnification provisions of the Agreement. (c) Right to Tender or Undertake Defense. If MARC is named a party in any judicial, administrative or other proceeding arising out of or in connection with any non-permitted use or disclosure of MARC’s PHI or other breach of these BAPs by Business Associate or any subcontractor or agent under Business Associate’s control, MARC will have the option at any time either (a) tender its defense to Business Associate, in which case Business Associate will provide qualified attorneys, consultants, and other appropriate professionals to represent MARC’s interests at Business Associate’s expense, subject to the written consent of MARC and its insurer (if applicable), such consent not to be unreasonably withheld or (b) undertake its own defense, choosing the attorneys, consultants, and other appropriate professionals to represent its interests, in which case Business Associate will be responsible for and pay the reasonable fees and expenses of such attorneys, consultants, and other professionals. (d) Right to Control Resolution. MARC will have the sole right and discretion to settle, compromise or otherwise resolve any and all claims, causes of actions, liabilities or damages against 26 CORE/0501185.0085/243432984.4 Page 154 of 516 it, notwithstanding that MARC may have tendered its defense to Business Associate. Any such resolution will not relieve Business Associate its obligation to indemnify MARC under this Section G. 9. General Provisions. (a) Definitions. The terms “Covered Entity”, “Electronic Protected Health Information”, “Protected Health Information (PHI)”, “Standard”, “Trading Partner Agreement”, and “Transaction” have the meanings set out in 45 Code of Federal Regulations § 160.103. The term “Standard Transaction” has the meaning set out in 45 C.F.R. § 162.103. The term “Required by Law” has the meaning set out in 45 C.F.R. § 164.103. The term “Security Incident” has the meaning set out in 45 C.F.R. § 164.304. The terms “Health Care Operations”, “Payment” and “Treatment” have the meanings set out in 45 C.F.R. § 164.501. The term “Use” means, with respect to PHI, utilization, employment, examination, analysis or application within Business Associate. The terms “Disclose” and “Disclosure” mean, with respect to PHI, release, transfer, providing access to or divulging to a person or entity not within Business Associate. The term “Reproductive Health Care” has the meaning set out in 45 C.F.R. § 160.103. For purposes of these BAPs, MARC’s PHI encompasses MARC’s Electronic Protected Health Information. Any other capitalized terms not identified here shall have the meaning as set forth in the HIPAA Rules. (b) Amendment to BAPS and Agreement. Upon the effective date of any final regulation or amendment to final regulations promulgated by the U.S. Department of Health and Human Services with respect to the Privacy or Security of PHI or Standard Transactions, these BAPs and the Agreement of which it is part will automatically amend such that the obligations they impose on Business Associate remain in compliance with these regulations. (c) Inspection of Books and Records. Business Associate will make its internal practices, books, policies, procedures and records, relating to its use and disclosure of the PHI it creates or receives for or from MARC, available to MARC and to the U.S. Department of Health and Human Services Office for Civil Rights to determine compliance with the Privacy Rule, the Security Rule, 45 C.F.R. Parts 160-164, or these BAPs. (d) Undertaking of Obligations. If Business Associate undertakes to perform any obligation of MARC under the Privacy Rule, Business Associate shall comply with the obligations of the Privacy Rule that apply to MARC in the performance of such obligation. 10. Conflicts. The terms and conditions of these BAPs will override and control any conflicting term or condition of the Agreement that addresses privacy and confidentiality of confidential medical information. All non-conflicting terms and conditions of the Agreement remain in full force and effect. Contact Information For Business Associate Provisions TO CONTACT MARC Contact Office: Privacy Officer Carol Gonzales Mid-America Regional Council 600 Broadway Blvd, STE 200 27 CORE/0501185.0085/243432984.4 Page 155 of 516 Kansas City MO 64105 Telephone: 816-701-8204 Email: cgonzales@MARC.ORG TO CONTACT BUSINESS ASSOCIATE Contact Person: Contact Office: Street Address/ P.O. Box: City, State, ZIP: Telephone: Fax: E-mail: Per Section D.5. of the BAPs, please notify MARC when the above information changes, or upon request from MARC. 28 CORE/0501185.0085/243432984.4 Page 156 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize the City Manager to execute a design services contract with, and issue a purchase order to, Cochran Engineering for an amount not to exceed $410,060, and authorizing a ten percent (10%) contingency of the authorized amount, as part of the Square Streetscape Phase 2 Project (No. 111902-1). Item passes 7-0 Recommendations: Council approval is recommended. Background: In December 2025, the City was awarded $500,000 in grant funding through Congressman Cleaver's office via the Community Project Funding (CPF) program facilitated through the US. Department of Housing and Urban Development (HUD) for the second phase of the Square Streetscape Project. Staff issued a request for proposals (RFP #26005) from engineering firms that would be able to provide the City with engineering survey and design work necessary for the next phase of the Square Streetscape. Cochran Engineering was selected from 8 proposals after two rounds of proposal reviews, which included presentations to City staff. Their proposal is being recommended for approval of this contract based on their proposal submittal, extensive experience with downtown streetscape projects, quality of the plan sets provided for those projects, and their references. The Square Streetscape Phase 2 Project (No. 111902-1) will continue streetscape improvements on the blocks immediately adjacent to the Historic Independence Square. The proposed improvements include roadway modifications, sidewalk and lighting improvements, and the implementation of bicycle and pedestrian amenities such as benches, trash cans, and bike racks. Improved street segments include: W. Maple Ave from N. Osage St. to Liberty St. and from Main St. to Lynn St. Lexington Ave. From S. Osage St. to Liberty St, and S. Main St. to Lynn St. Liberty St. from W. Kansas Ave to Lexington Ave. and W. Maple Ave. to W. Truman Rd. Main St. from E. Kansas Ave to Lexington Ave., and W. Maple Ave to E. Truman Rd. This is a budgeted capital project. Emergency Justification: Page 157 of 516Fiscal Impact: The fiscal impact to the City is $451,066, including a ten percent (10%) contingency. Funding for the Square Streetscape Projects (No. 111902) is included in the Fiscal Year 2023-2024 budget, on page 183, in account 111902-C-0517051-5406. Phase II of the project has received an additional $500,000 in CPF grant funding from HUD. Grant reimbursements will be applied directly to the Street Sales Tax Fund (011). Council Action: Department / Municipal Services / Contact REVIEWERS Mike Jackson Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Scope and Fee - Cochran Engineering - Square Streetscape Ph 2 - No. 111902-1 2. Contract - Professional Services (AE) - Cochran Engineering - Square Streetscape Ph. 2 - Project No. 111902-1 Page 158 of 516 Architecture Civil Engineering Land Surveying Site Development Geotechnical Engineering Inspection & Materials Testing July 16, 2026 Mr. Alex Lopez, P.E. City Engineer City of Independence - Municipal Services 20201 E Jackson Dr Independence, MO 64057 RE: Professional Engineering Services Independence Square Streetscape – Phase 2 Project Dear Mr. Lopez: Thank you for the opportunity to submit this proposal. Cochran is pleased to offer professional engineering services for the above-referenced project. In accordance with the attached Project Limits Map and the associated cost estimate, we propose to provide the following professional engineering services: SCOPE OF SERVICES: A. Topographic Survey Phase: 1. Topographic survey covering sufficient area to develop ADA compliant sidewalks, ramps, crosswalks and roadway plans for the project. 2. A survey baseline shall be established. 3. Roadway and sidewalks cross-sections shall be obtained at 50-foot intervals, a sufficient distance beyond the anticipated construction limits, to determine removal and replacement quantities. All drainage structures and courses shall be identified and included with flow line elevations. Additional cross-sections as required for clarity shall be taken as needed. 4. Existing utilities shall be located and plotted. B. Concept Development Phase: 1. Strip Maps – Develop conceptual streetscape strip maps illustrating both angled and parallel on-street parking scenarios. The concepts will be used to evaluate sidewalk widths, roadway configuration, and the number of on-street parking spaces provided under each alternative. 2. Renderings – Develop three-dimensional street-level renderings for each strip map concept to provide a realistic visual representation of the proposed streetscape alternatives and help communicate the design intent to stakeholders. 8 East Main Street 737 Rudder Road 530A East Independence Drive 618 SW 3rd Street 767 North 20th Street 905 Executive Drive Wentzville, MO 63385 St. Louis, MO 63026 Union, MO 63084 Lees Summit, MO 64063 Ozark, MO 65721 Osage Beach, MO 65065 Phone: 636-332-4574 Phone: 314-842-4033 Phone: 636-584-0540 Phone: 816-207-5771 Phone: 417-595-4108 Phone: 573-525-0299 www.cochraneng.com Page 159 of 516Mr. Alex Lopez, P.E. Page 2 City of Independence Proposal – Square Streetscape Phase 2 July 16, 2026 3. Parking Analysis – Conduct a parking inventory and utilization analysis to evaluate existing parking supply, occupancy, and usage patterns within the study area. The analysis will utilize drone imagery provided by Cochran to document existing parking conditions and identify parking needs. The study area will be bounded by Walnut Street to the south, Spring Street to the west, Truman Road to the north, and Noland Road to the east. 4. Open House Meetings – Assist the City in planning and facilitating public open house meetings with downtown business owners, property owners, stakeholders, and City Council members to present the conceptual streetscape alternatives, gather feedback, and build consensus on a preferred streetscape cross section. The Consultant will support City staff with meeting materials, exhibits, and presentations as needed.. C. Preliminary Design Phase: 1. Preliminary plans to include: field survey data, topographic information of the existing intersection and roadways, existing utilities, proposed improvements in accordance with the City of Independence’s approved streetscape concept, site plan improvement plans, preliminary roadway profiles existing and proposed changes, and roadway cross-sections. 2. Storm Sewer Analysis – Analyze the existing storm sewer system, perform hydraulic and hydrologic modeling as necessary, and coordinate with City staff to determine whether stormwater improvements are warranted. If required, prepare design modifications and storm sewer tie-in details to accommodate the recommended improvements. 3. Submit preliminary roadway drawings to the City for review and comment. 4. Provide the City with preliminary estimate of construction cost. 5. Work with city staff and interested stake holders to design and select landscaping features. 6. Basement Surveys – Conduct basement surveys along the project corridor to identify basements, vaults, window wells, or other subsurface features extending beneath adjacent sidewalks that may affect the proposed improvements. 7. Environmental and Historic Reviews – Coordinate and facilitate the required environmental and historic resource reviews necessary to support project development and regulatory compliance. D. Final Design Phase: 1. Right-of-Way Document Preparation - after notification of approval of the preliminary plans from the City, Cochran shall prepare easement and/or right-of-way documents, if needed. Acquisition will not be the responsibility of Cochran, but we will work with the City to help facilitate acquisition. Cochran will prepare all necessary right-of-way (ROW) documentation required for this project for a minimum of five (5) parcels, including deeds, exhibits, and legal descriptions. 2. The final streetscape design shall include at a minimum the following information, and shall include the other actions as described:  Cover sheet with location map, sheet index, and legend of symbols. Page 160 of 516Mr. Alex Lopez, P.E. Page 3 City of Independence Proposal – Square Streetscape Phase 2 July 16, 2026  Plan and profile sheet showing existing topography, the proposed improvements, existing utilities and relocations, if required, construction limits, profile grade line, and incorporate all review comments from the City.  Typical streetscape sidewalk and roadway cross sections.  New water main replacement plans and specifications.  Storm Sewer Design – Prepare storm sewer design improvements, if determined to be necessary during preliminary plan development.  Street Lighting design.  Landscaping and irrigation design.  Decorative streetlighting plans and specifications.  Final cross-sections of the proposed improvements at 50 foot intervals.  Traffic handling and detouring plan with signage.  A complete set of contract documents and technical specifications including tabulation of bid quantities and current prevailing wage rates. 3. Submit final streetscape plans and specifications to the City for review and approval. 4. Incorporate final comments from the City into the plans and specifications. 5. Utilities: we will contact all utilities that may be affected by this project and provide them with the sidewalk and roadway improvement plans to help facilitate the utility relocations if needed. Cochran will host a utility coordination meeting. 6. Provide a final estimate of anticipated construction costs. E. Bidding Phase: 1. Answer contractor’s questions during bidding and issue addenda (if required) 2. Conduct the bid opening and review submitted contractor bids, investigate low bidder(s) as required to evaluate their competency, and consult with the Owner on award of bid. 3. Review shop drawings when submitted for compliance with the drawings and specifications. FEE: 1. The total amount of fee to be paid for the Scope of Services, Items A thru E – “Design and Bidding Phase Services” as outlined in this proposal shall be a lump sum fee of $410,060.00. PAYMENT: 1. An invoice for progress payments will be submitted monthly during the performance period of this contract for professional services rendered. It is agreed that monthly progress payments for fees earned under this agreement are due and payable within fifteen (15) days of submission of invoices. Any invoices remaining unpaid beyond fifteen (15) days will accrue interest at the rate of one and one-half (1½%) per month on the unpaid balance Page 161 of 516Mr. Alex Lopez, P.E. Page 4 City of Independence Proposal – Square Streetscape Phase 2 July 16, 2026 2. It is further understood that if the project is abandoned, or if any work being performed is suspended in whole or in part prior to the completion of any phase, payment will be due in direct proportion to the amount of work accomplished. 3. In addition, payment will be due for all reimbursable expenses incurred prior to receipt of written notice or such abandonment or suspension. TIME OF PERFORMANCE: We will make every effort to complete the project within the Owner’s time frame and according to schedule. Cochran will not, however, be responsible for delays caused by events beyond our control. TERMS AND CONDITIONS: Attached to this proposal is a copy of the Cochran Standard Terms and Conditions. These terms and conditions shall apply to this proposal for professional services, which can also serve as a letter agreement. This document is enclosed for your review and reference. GENERAL: Cochran’s reputation is based on understanding and meeting all the project objectives of our clients. We look forward to having an opportunity to demonstrate that responsiveness by providing timely and cost effective professional services. If you would like to authorize Cochran to perform the professional services outlined in this proposal, please indicate your acceptance of the terms of this letter agreement by signing in the space provided below AND initializing ALL other pages. Return one (1) copy for our contract files. If you have any questions or changes regarding this proposal, please contact me at 314-220-7016. Thank you. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION. Sincerely, Acceptance: City of Independence David Christensen, P.E. By: Vice President Title: Date: Attachments: Cochran Terms & Conditions Cost Estimate Project Limit Map Page 162 of 516 COCHRAN STANDARD TERMS AND CONDITIONS 1. Unless expressly stated in the attached proposal letter (“Proposal”), the Proposal must be accepted in writing within thirty days or the Proposal is void and unenforceable. 2. The acceptance of the Proposal is conditioned upon these Terms and Conditions and the terms of the Proposal, which shall be the only terms and conditions applicable to any agreement between Cochran and Client. Requesting performance of the work by Cochran, sending a notice to proceed with the work, or an acknowledgment of the Proposal by the issuance of a purchase order by Client, notwithstanding any terms additional to or different from those contained herein, shall be deemed to be an acceptance of these Terms and Conditions by Client. 3. The Proposal and these Terms and Conditions constitute the entire agreement (“Contract”) between Cochran and the Client for the services identified in the Proposal. All prior proposals, negotiations, representations, recommendations, statements or agreements made or entered into prior to or contemporaneously with this Contract, whether oral or in writing, are superseded by this Contract unless they are expressly incorporated herein by reference. Any terms contained in any communication from Client which are inconsistent with the Contract shall not be binding upon Cochran. 4. Cochran may submit invoices on not less than a monthly basis. Cochran’s invoices are due and payable within fifteen (15) days of the submission of each invoice. Interest will accrue at the rate of one and one-half percent (1.5%) per month on all unpaid invoices from the date payment was due. In the event that Client disputes an invoice, Client will pay the undisputed portion of the invoice and provide a written explanation to Cochran of the basis for Client’s dispute. If Client fails to pay in full any of Cochran’s invoices, Cochran may immediately, without waiving any other rights it may have, suspend work pending resolution of the payment dispute. Client’s failure to pay any of Cochran’s invoices in full shall be considered a material breach of this Contract. 5. Unless specifically stated to the contrary in the Proposal, reimbursable expenses are in addition to the amounts identified for Cochran’s fees for basic and additional services. Reimbursable expenses shall include, but are not limited to: Client- authorized out-of-town travel, transportation, and subsistence expenses; fees paid for securing approval of jurisdictional authorities; postage, courier, or other delivery fees; material costs for models, mock-ups, or other presentation media; photographic film and development expenses. 6. This Contract is binding upon the heirs, successors and assigns of the parties hereto and may not be assigned by either party without the prior written consent of the other party. 7. Nothing in this Contract is intended to create any enforceable third party rights against Client or Cochran. 8. Cochran will perform all of its services consistent with that degree of skill and learning ordinarily used under the same or similar circumstances by the members of Cochran’s profession working in the same locale. 9. If, and to the extent that Cochran’s scope of work includes construction phase services, any such services shall be provided in accordance with and governed by the applicable terms of AIA Document A201 General Conditions of the Contract for Construction, 2007 Edition (“General Conditions”) If there is a conflict between the General Conditions and this Contract, this Contract will control. 10. When making any interpretation or decision as required by the General Conditions, Cochran will not show partiality to any party, and shall not be liable for interpretations or decisions rendered in good faith. 11. Cochran has no responsibility or obligation to supervise or direct the work activities of the Client’s employees and representatives, or any construction contractors, sub-contractors or any of their employees, or other persons not employed by Cochran. 12. Cochran will abide by any job-site safety programs identified in writing by the Client but will not be responsible for job-site safety of any persons not directly employed by Cochran. 13. Cochran has no responsibility or obligation with respect to the construction means, methods, sequencing or procedures of any construction contractors, sub-contractors or any of their employees. 14. Cochran is not responsible for the failure of any contractor to perform work properly and in accordance with any applicable documents, plans, specifications, codes or standards. 15. Cochran is not responsible for the identification of unsafe conditions, nor for the identification, handling, or removal of hazardous and/or toxic substances found on or brought to the site. Prior to the start of work, the Client shall disclose and identify in writing to Cochran, to the best of Client’s knowledge, all hazardous and/or toxic substances located on the site. Client agrees to defend, indemnify and hold Cochran harmless from and against all claims, demands and liabilities of any kind or nature resulting from any hazardous and/or toxic substances that are found on the site and which were not identified by Client – even if not known by Client. 16. Cochran will have no obligation to commence its work until receipt of a written notice-to-proceed from Client and all other information required to be provided by Client. Cochran shall complete its work within any time limits identified in the Page 163 of 516 Proposal. Cochran shall be entitled to an extension of time for performance of its work due to any delays that are due to any cause beyond Cochran’s reasonable control. In no event will Client be entitled to any costs, losses, expenses or damages (including, but not limited to, claims or damages attributable to home office overhead costs, loss of profits, loss of business opportunities and/or additional financing costs) as a result of any delay caused or attributable to Cochran. 17. Cochran and Client waive any and all claims against each other for consequential, indirect, incidental and special damages arising out of or relating to this Contract, the alleged breach thereof, and/or Cochran’s work; including, but not limited to, lost profits, loss of business, financing costs, extended home office overhead and similar types of damages. 18. Provided that written notice of a material breach of this Contract has been provided to the defaulting party and the defaulting party has failed to cure or taken reasonable efforts to cure its default within seven (7) calendar days of its receipt of the notice, the non-defaulting party may terminate this Contract by sending notice of termination to the defaulting party. 19. If the Contract is terminated for any reason not attributable to Cochran, Client will pay for the work performed by Cochran up to the date of termination plus all of Cochran’s costs related to the termination (e.g., close-out costs, costs of terminating contracts with consultants, etc.). 20. In the event that there are any changes in applicable laws, codes or regulations after the Contract is executed that result in the need for Cochran to perform additional services and/or incur additional costs, Client shall pay Cochran for said services and costs at the rates set forth in the Proposal. 21. All documents and electronic media produced by Cochran under this Contract (“Instruments of Service”) shall remain the property of Cochran, and Cochran shall retain all rights to the same, including copyrights, and they may be used by the Client only for the project identified in the Proposal. In the event of the termination of this Contract, the Client shall return the Instruments of Service to Cochran, and the Instruments of Service may not be used by the Client or a third party to complete the project without the written consent of Cochran. 22. Client and Cochran waive all rights against each other, any contractors and other professionals, and any of their respective consultants, contractors, suppliers, subcontractors, agents and employees, for damages caused by perils to the extent covered by insurance, except such rights as they may have to the insurance proceeds. 23. This Contract and the rights of the parties shall be governed by the laws of the State of Missouri. 24. Any claims, disputes, or other matters in question arising out of or relating to this Contract, the alleged breach thereof, and/or Cochran’s work, at Cochran’s sole election and discretion, shall be decided by binding arbitration in accordance with the Construction Industry Arbitration Rules of the AAA. A demand for arbitration must be made within a reasonable time, and before the expiration of the applicable statute of limitations. Unless it consents in writing, Cochran may not be joined in any other arbitration involving the same project. The arbitration shall be held where the project is located. 25. In the event of any dispute, claim, arbitration or litigation arising out of or relating to this Contract, the alleged breach thereof, and/or Cochran’s work, the prevailing party shall be awarded its attorney’s fees, expert witness fees, expenses, arbitration fees and expenses, and court costs at the trial and all appellate levels; including costs and fees related to collection efforts. Determination of which party prevailed shall be made by the judge or arbitrator(s). The determination shall be made by reviewing the claims resolved at trial or arbitration (which excludes any claims resolved prior to the taking of evidence), and then determining which party achieved the greater success by quantifying the amounts awarded the party recovering damages or obtaining relief and comparing that result to the relief and/or damages requested by that party at the trial or arbitration. If that party received less than 50% of the relief and/or damages it sought, then the other party prevailed. If that party receives more than 50% of the relief and/or damages it sought, then it prevailed. The judge or arbitrator(s) may consider the percentage of recovery when determining the amount of fees and expenses to be awarded to the prevailing party. If more than one claim is presented, then the judge or arbitrator(s) may elect to evaluate who is the prevailing party on a claim by claim basis, or in the aggregate as they deem appropriate. In making the determination of which party prevailed, the judge or arbitrator(s) shall take into consideration any settlement offers or demands made prior to trial or arbitration. 26. LIMIT OF LIABILITY - TO THE FULLEST EXTENT PERMITTED BY LAW, COCHRAN’S LIABILITY TO THE CLIENT FOR ANY CLAIMS, LOSSES, EXPENSES, OR OTHER DAMAGES ARISING OUT OF THIS CONTRACT AND/OR COCHRAN’S PERFORMANCE SHALL NOT EXCEED ONE MILLION DOLLARS ($1,000,000.00). Updated 01/2016 Initials Page 164 of 516 Cochran Fee Breakdown Independence - Square Streetscape Phase 2 Charge-Out Rates Eng- Project Project Project Sr. Design Professional Survey Field P.L.S. CAD Admin.- Executive Manager Engineer Engineers Techs. Techs. Techs. Env. Task $230.00 $215.00 $185.00 $175.00 $170.00 $135.00 $150.00 $140.00 $125.00 Topographic Survey Phase 8 4 4 96 184 72 Concept Development Phase 24 48 48 72 24 Utility Coordination 16 8 6 96 Parking Analysis 32 24 12 64 Permitting - Environmental and Historic 8 80 Preliminary Design Phase 16 104 120 208 256 24 Final Design Phase 16 88 112 216 288 24 Bidding Phase 88 16 Total Hours 88 304 300 500 102 184 640 252 64 Total $ Amount @ Charge- out Rate = $20,240 $65,360 $55,500 $87,500 $17,340 $24,840 $96,000 $35,280 $8,000 Total Design Fee = $410,060 Page 165 of 516Phase 2 - Project Limits Square Streetscape Phase 2 Project Liberty St. – east side is currently under design (Lexington to Pacific) Page 166 of 516 Square Streetscape Ph. 2 - No. 111902-1 CONTRACT FOR PROFESSIONAL SERVICES This contract, made by and between the City of Independence, Missouri (hereinafter called City) and, LS____________________________ Engineering LLC (dba Cochran__________________ Engineering)_, a Corporation (hereinafter called consultant). W I T N E S S E T H: WHEREAS, City requires _____________________________________________________Engineering Design services and, WHEREAS, consultant is prepared to provide said professional services and shall give consultation and advice to City during the performance of said services; NOW THEREFORE, City and Consultant in consideration of the mutual covenants contained in this contract, agree as follows: ARTICLE 1 – EFFECTIVE DATE The effective date of this contract shall be ______________________________________.TBD ARTICLE 2 – SERVICES TO BE PERFORMED BY CONSULTANT Consultant shall perform the services set forth in the documents attached hereto and made a part of this contract, which include one or more of these documents: Request for Proposals, scope of work, statement of work, consultant’s proposal, and pricing. ARTICLE 3 – PERIOD OF SERVICE The services shall be completed by_____________________________________________.TBD ARTICLE 4 – COMPENSATION For services performed, the City shall pay the consultant, an amount not to exceed ____________________________.$410,060 Regular (e.g. monthly) invoices shall be submitted by the consultant to the City for payment of services performed and expenses incurred during the preceding month. Invoices shall indicate the hours expended for each individual person, the total labor billing, and a summary of other expenses and charges with supporting documentation. The City’s payment terms are Net 30. Payment will be made by the City within thirty (30) days of receipt of the complete invoice. The City’s preferred method of payment is via City credit card with no added fees. If credit is not acceptable, payment will be made by check. The City is exempt from State of Missouri sales and use taxes on purchases made directly for the City. Consultant shall not include any sales or use taxes on transactions between the consultant and City. ARTICLE 5 – PERMITS AND LICENSES The consultant shall procure all necessary local construction permits and licenses and a City of Independence occupation license, unless exempt under state law. Consultant will abide by all applicable laws, regulations, and ordinances of all federal, state, and local governments in which work under this contract is performed, and will require the same of all sub-consultants. The consultant must furnish and maintain certification of authority to conduct business in the State of Missouri. 1 Page 167 of 516ARTICLE 6 – OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Except as otherwise provided herein, documents, drawings, and specifications prepared by consultant as part of the services shall become the property of City, provided consultant has the unrestricted right to their use. Notwithstanding the foregoing, City accepts that any re-use of the documents or intellectual property shall be at City’s sole risk and liability. ARTICLE 7 – CHANGES, DELETIONS, OR ADDITIONS TO CONTRACT Either party may request changes within the general scope of this Contract. If a requested change causes an increase or decrease in the cost or time required to perform this contract, City and consultant will agree to an equitable adjustment of the contract price, period of service, or both, and will reflect such adjustment in a change order or formal modification. ARTICLE 8 – STANDARD OF CARE Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a peer professional under similar circumstances. ARTICLE 9 – LIABILITY AND INDEMNIFICATION Having considered the potential liabilities that may exist during the performance of a potential contract and the consultant’s fee, and in consideration of the mutual covenants contained in the contract, City and consultant agree to allocate and limit such liabilities in accordance with this section: Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless the City, its officers, directors, and employees, against all damages liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by consultant’s negligent performance of services under the contract and that of its sub-consultants, or anyone for whom the consultant is legally liable. Consultant shall indemnify City against legal liability for damages arising out of claims by consultant’s employees. Notwithstanding any other provision of the contract to the contrary, the City agrees to limit the Consultant’s liability to the city and to all persons having contractual relationships with the City to three (3x) times the total compensation set forth under the applicable purchase order, except to the extent finally determined to have resulted from the willful misconduct or fraudulent behavior of Consultant and Consultant’s employees relating to such Services. Neither the City nor the Consultant nor either party’s suppliers, agents, officers, and directors shall have any liability regardless of the theory of recovery, including breach of contract or negligence, to the other party or any other person or entity for any indirect, incidental, special, or consequential damages, cost or expense whatsoever, including but not limited to loss of revenue or profit, whether actual or anticipated, loss of use, failure to realize anticipated savings, loss of or damage to data or other commercial or economic loss, except to the extent finally determined to have resulted from the willful misconduct or fraudulent behavior of Consultant and Consultant’s employees relating to such Services. This waiver of consequential damages is made regardless that (i) either party has been advised of the possibility of such damages and (ii) that such damages may be foreseeable. ARTICLE 10 – INSURANCE Architect, Engineering, and Survey Services The Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the materials, equipment or supplies provided to 2 Page 168 of 516the City. The insurer(s) must be licensed for business in the State of Missouri and maintain an A.M. Best rating of no less than A: VII; or an insurer approved by the City. Each policy requires a minimum cancellation notification of at least thirty (30) days’ advance written notice to the City. (1) General Liability Insurance, with bodily injury and property damage limits of $1,000,000 for each occurrence with a $2,000,000 general aggregate and $2,000,000 products and completed operations aggregate. (2) Professional Liability or Errors and Omissions Insurance, with a limit of $1,000,000 annual aggregate. (3) Automobile Liability Insurance, with bodily injury limits of $1,000,000 for each person and $1,000,000 for each accident, and with property damage limits of $1,000,000 for each accident. The above limits are the minimum acceptable and do not infer or place a limit on the liability of the Consultant. The City is to be named as an additional insured as the City's interest may appear for the General Liability and the Automobile Liability Insurance. The Consultant's insurance shall be primary and any insurance or self-insurance maintained by the City shall be excess for the City and not contribute with the coverage maintained by the Consultant. The City shall not obtain worker's compensation insurance on behalf of the Consultant or the employees of the Consultant. The Consultant shall comply with the worker's compensation law concerning its business and its employees. WORKER'S COMPENSATION The City shall not obtain worker's compensation insurance on behalf of the contractor or the employees of the contractor. The contractor shall comply with the worker's compensation law concerning its business and its employees. ARTICLE 11 – SHIPPING, TITLE AND RISK OF LOSS All sales and deliveries are F.O.B. City. ARTICLE 12 – DELAY IN PERFORMANCE Neither City nor consultant shall be considered in default of this contract for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this contract, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restrains; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or consultant under this contract. If such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this contract. ARTICLE 13 – TERMINATION City may terminate or suspend performance of this contract for City’s convenience upon written notice to consultant. Consultant shall terminate or suspend performance of the services on a schedule acceptable to City. If termination or suspension is for City’s convenience, City shall pay consultant for all 3 Page 169 of 516the services performed till the date of the termination by the City or suspension expenses. If contract is restarted, an equitable adjustment shall be made to consultant’s compensation. This contract may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this contract. The nonperforming party shall have 15 calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other party. In the event that funding for the contract is discontinued, City shall have the right to terminate this contract immediately upon written notice to consultant. ARTICLE 14 – WAIVER A waiver by either City or consultant of any breach of this contract shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. ARTICLE 15 – SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this contract or the occurrence of any event rendering any portion or provision of this contract void shall in no way affect the validity or enforceability of any other portion or provision of this contract. Any void provision shall be deemed severed from this contract, and the balance of this contract shall be construed and enforced as if this contract did not contain the particular portion or provision held to be void. The parties further agree to amend this contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this article shall not prevent this entire contract from being void if a provision which is of the essence of this contract be determined void. ARTICLE 16 – SUCCESSORS AND ASSIGNS City and consultant each binds itself and its directors, officers, partners, successors, executors, administrators, assigns, and legal representatives to the other party to the contract and to the directors, officers, partners, successors, executors, administrators, assigns, and legal representatives of such other party in respect to all provisions of this contract. ARTICLE 17 – ASSIGNMENT Neither City nor consultant shall assign any rights or duties under this contract without the prior written consent of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will release or discharge the assignor from any obligation under this contract. ARTICLE 18 – THIRD PARTY RIGHTS Nothing in this contract shall be construed to give any rights or benefits to anyone other than City and consultant. ARTICLE 19 – INDEPENDENT CONSULTANTS Each party shall perform its activities and duties hereunder only as an independent consultant. The parties and their personnel shall not be considered to be employees or agents of the other party. Nothing in this contract shall be interpreted as granting either party the right or authority to make commitments of any kind for the other. This contract shall not constitute, create, or in any way be interpreted as a joint venture, partnership or formal business organization of any kind. ARTICLE 20 – AUDIT Consultant agrees that the City, or a duly authorized representative, shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and copy any 4 Page 170 of 516pertinent books, documents, papers, records, or electronic records of the consultant involving transactions related to this contract. ARTICLE 21 – EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract or purchase order, the consultant agrees as follows: The consultant will not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, national origin or any other legally protected category. The consultant will take affirmative action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, age, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. The consultant will, in all solicitations or advertisements for employees placed by or on behalf of the consultant, state that all qualified applicants will receive consideration for employment without regard to race, age, color, religion, sex, or national origin. The consultant will send to each labor union or representative of workers with which consultant has a collective bargaining agreement or other contract or understanding, a notice to be provided by a contract compliance officer advising the said labor union or workers' representatives of the consultant's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his or her books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the consultant's noncompliance with the non-discrimination clauses of this contract or purchase order with any of the said rules, regulations, or orders, this contract or purchase order may be canceled, terminated, or suspended in whole or in part, and the organization may be declared ineligible for any further government contracts or purchase order or federally assisted contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rules, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The consultant will include the entire text of this Equal Employment Opportunity section and its subsections in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub-consultant or vendor. The consultant will take such action with respect to any sub-consultant or purchase order as the City may direct as a means of enforcing such provisions, including sanctions of noncompliance; provided, however, that in the event a consultant becomes involved in, or is threatened with litigation with a sub-consultant or vendor as a 5 Page 171 of 516result of such direction by the City, the consultant may request the United States to enter into such litigation to protect the interest of the United States. ARTICLE 22 – ANTI-DISCRIMINATION AGAINST ISRAEL ACT Contractors working on behalf of the City of Independence are to abide by Missouri Revised Statute 34.600, otherwise known as the Anti-Discrimination against Israel Act. ARTICLE 23 – GOVERNING LAW This contract shall be governed by the laws of the State of Missouri. The City and the consultant agree that the performance of this contract will be deemed to have occurred in the State of Missouri and that consultant’s performance under this contract will be deemed the transaction of business in Missouri. Jurisdiction and venue for any claim or cause of action arising under this contract shall be exclusively in the Sixteenth Judicial Circuit of Missouri and the consultant submits to personal jurisdiction of and waives any personal jurisdiction or inconvenient forum objection to, that court. ARTICLE 24 – COMMUNICATIONS Any communication required by this contract to the consultant shall be made in writing to the authorized representative named on the completed front page or response page of the solicitation. Any communication required by this contract with the City shall be to: ___________________________________________________________________________________Alex Lopez; aflopez@indepmo.org Nothing contained in this article shall be construed to restrict the transmission of routine communications between representatives of consultant and City. ARTICLE 25 – SEPARATE CONTRACTS City and consultant each reserve the right to, from time to time, enter into other contracts for specific projects. If such contracts are separately approved in writing by the parties, the terms and conditions of those contracts shall prevail for the specific projects set forth therein. ARTICLE 26 – ENTIRE CONTRACT This contract represents the entire agreement between the City and consultant. All previous or contemporaneous agreements, representations, promises and conditions relating the consultant’s services described herein are superseded. The RFP including the terms and conditions, the consultant’s response and written proposal, and purchase order (where applicable) shall constitute the entire contract. If these General Terms & Conditions be in conflict with any attached Special Conditions, the Special Conditions will supersede the General Terms & Conditions. In case of a discrepancy, the purchase order shall take precedence over the RFP and the RFP shall take precedence over the consultant’s response and written proposal. ARTICLE 27 – SURVIVAL OF TERMS The following provisions shall survive the expiration or termination of this contract for any reason: if any payment obligations exist, Article 4 – Compensation; Article 5 – Permits and Licenses; Article 10 – Liability and Indemnification; Article 15 – Waiver; Article 16 – Severability; Article 18 – Assignment; Article 20 – Independent Consultants; Article 23 – Governing Law; Article 26 – Entire Contract; and this Article 27 – Survival of Terms. IN WITNESS WHEREOF, City and consultant, by and through their authorized officers, have made and executed this contract. 6 Page 172 of 516City Consultant By_________________________________ By _______________________________ Title ______________________________ Date _______________________________ Date______________________________ 7 Page 173 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize the City Manager to execute a design services contract with, and issue a purchase order to, Burns & McDonnell for an amount not to exceed $130,000, and authorizing a ten percent (10%) contingency of the authorized amount, for the Wellfield Overhead Electrical Improvements Project (No. 402008) at the Courtney Bend Water Treatment Plant. Approved Recommendations: Council approval is recommended. Background: The Courtney Bend Water Treatment Plant requires improvements to its overhead electrical system to address the aging infrastructure and maintain operational reliability. Burns & McDonnell has been selected to complete the engineering design for Phases 1 and 2 of this project, which includes electrical distribution upgrades to eleven groundwater wells. In addition to providing final plans and specifications to issue for construction, they will also provide construction-phase services through submittal reviews and periodic sit visits in support of critical construction activities. Staff requested proposals from three firms for this project. Only Burns & McDonnell provided a price and was available for this work. Burns & McDonnell is capable of performing this work based on their familiarity with the site, completion of a preliminary design study for this project, and available staff resources. This is a budgeted capital project. Emergency Justification: Fiscal Impact: The fiscal impact to the City is $143,000, including a ten percent (10%) contingency. Funding for the Wellfield Overhead Electrical Improvements Project (No. 402008) is included in the Fiscal Year 2021-2022 budget, on page 220, in account 402008-C-4017041-5406 Council Action: Page 174 of 516Department / Municipal Services / Contact REVIEWERS Mike Jackson Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Scope of Service - Burns & McDonnell - Wellfield Overhead Electrical Improvements Design - Project No. 402008 2. Contract - Professional Services (AE) - Burns & McDonnell - Wellfield Overhead Electrical Improvements - Project No. 402008 Page 175 of 516 ATTACHMENT "A" City of Independence, Missouri Courtney Bend Phase 1 & 2 Electrical Upgrades Scope of Work The following is our understanding of the Courtney Bend Phase 1 & 2 Electrical Upgrades scope of work, as of July 11th, 2026. Design Scope of Services: Burns & McDonnell (Consultant) will execute an electrical upgrade project, focused on the West Wellfield. The scopes for this project are the demo of existing wood poles, construction of new poles, and the upgrade/reinstall of the associated electrical hardware associated with pole groups A and B, as indicated in Consultant’s “Electrical Improvements Study” (Rev 1, 11/24/2025). The design fee estimate is based on electrical distribution and service infrastructure upgrades for the following well numbers: 1. 1A 2. 2A 3. 3 4. 4 5. 5A 6. 7 7. 8 8. 9 9. 12 10. 24 11. 27 The following list details the project scope for the wells listed above. Should any of the following scope items change, or if new scopes are added, this will be considered supplemental services and require an amendment: ► Engineering of distribution modifications, including: o Pole demo and replacement o Overhead conductor replacement o Existing transformer reconfiguration o Replacement of aged transformers o Surge arrestor upgrades o Typical cable riser details ► NEC 110.26 Working Clearance evaluation, including miscellaneous platform upgrades ► Demo and re-installation of pole-mounted motor starters and junction boxes. ► Proposal for staged construction execution ► Electrical system evaluation, including protective device selection, TCC coordination, and arc flash study. ► Additional details regarding scope definition can be found in the previously submitted Request for Qualifications package. Consultant proposes to break up this scope as follows. CITY OF INDEPENDENCE, MO PAGE 1 COURTNEY BEND ELEC UPGRADES Page 176 of 516 Task Series 100 – Project Management Task 101 – Project Management: The Consultant’s project manager will review project status, review project schedule, review project deliverables and align resources including sub-consultants. The task also includes an internal bi-weekly progress meeting. The Consultant’s project manager will utilize the monthly invoicing format provided by the City and supplement its monthly status report, as necessary, to include the following items: ► Budget Tracking ► Scope of work completed the prior month ► Activities projected for next month ► Potential concerns ► Schedule update The Consultant will conduct bi-weekly design progress meetings. These meetings will be held via Microsoft Teams. This task assumes a total of nine (9) meetings for this task. Task Series 200 – Preliminary Design Task 201 – Data Collection and 30% Design Package The Consultant will review reports/design documents and data provided by the City to support our understanding of the project. This information will be used to generate a baseline for the planning and design of the project. The Consultant will lead a Project Kickoff meeting, and conduct an initial site investigation, at the facility. During the Project Kickoff meeting the project team will discuss the following: ► Define project goals, including design criteria ► Discuss activities ► Discuss project requirements ► Establish a project schedule ► Identify key project issues ► Identify key personnel who are to provide input on the project, and ► Get initial input on design items The initial site investigation will be used to achieve the following: ► Investigate the existing systems ► Obtain field information for the population of project lists and confirmation of the plant’s existing system analysis model. The Consultant will work with manufacturers to determine which equipment items have a long lead time and that would benefit the overall construction schedule if they were procured early. Drawings and specifications will be provided by the Consultant at the 30% design level. The 30% Documents will include the following, as needed: ► Specification Table of Contents ► Distribution Sketches ► Structural Sketches ► Electrical Sketches CITY OF INDEPENDENCE, MO PAGE 2 COURTNEY BEND ELEC UPGRADES Page 177 of 516 ► Instrumentation and Controls Sketches The City will be given two (2) weeks to review the drawings and outline specifications prior to holding the 30% Design Review Meeting. PDF documents will be provided to the City for review. Based on the 30% design documents, the Consultant will prepare the engineer’s opinion of probable cost for the project. This cost opinion will be submitted along with the design documents for review and comment by the City. The cost opinion will be based on recent bid tabulation information, historical cost data, and discussions with local suppliers and contractors. Costs developed at this stage to be AACE Class 4. After the City has had an opportunity to review the 30% design documents, the Consultant will conduct a 30% design review meeting at the City’s offices. The purpose of this meeting is to provide the City and the Consultant an opportunity to clarify City comments on the documents. Comments will be incorporated into the next phase’s design documents as applicable. Task Series 300 – Final Design Task 301 – 90%+IFB Design Documents Drawings and specifications will be provided by the Consultant at the 90% design level. The 90% Documents will include the following: ► Technical Specifications (the Consultant’s typical 6-digit specifications) ► Drawings included in the 30% design package brought to 90% completion ► Additional, detailed drawings needed for Construction The package will be sufficient that it can be Issued for Bid (IFB), in parallel with the City’s final review. Any changes due to the city review will be marked as revisions so bidders can easily identify them during the final puts and takes phase, prior to award. The City will be given at least one week to review the drawings and specifications prior to holding the 90% Design Review Meeting. PDF documents of the drawings will be provided to the City for review. Based on the 90% design documents, the Consultant will prepare an opinion of probable cost for the project. This cost opinion will be submitted along with the design documents for review and comment by the City. The cost opinion will be based on recent bid tabulation information, historical cost data, and discussions with local suppliers and contractors. Costs developed at this stage to be AACE Class 2. After the City has had an opportunity to review the 90% design documents, the Consultant will conduct a 90% design review meeting. The purpose of this meeting is to provide the City and the Consultant an opportunity to clarify City comments on the documents. Comments will be incorporated into the IFC design documents as appropriate. Task 302 – Issued for Construction Documents The Consultant will prepare and submit Issued for Construction (IFC) drawings and specifications. The drawings and specifications will incorporate all bidding addenda prior to submitting. ► Furnish one (1) electronic copy of the issued for construction drawings and specifications to the City. CITY OF INDEPENDENCE, MO PAGE 3 COURTNEY BEND ELEC UPGRADES Page 178 of 516 Task Series 400 – Construction Support Task 401 – Construction Phase Services The Consultant will provide the following services for this task: 1. Attend 1 pre-construction conference 2. Assist in interpretation of contract Documents, providing up to five (5) RFI responses 3. Support up to five (5) on-site visits in support of critical construction milestones. 4. Perform technical review of two (2) Contractor packages of submittals and shop drawings. 5. Evaluate two (2) Work Change Directives or 6. Produce arc flash labels and provide to the Contractor. a. Note: Arc flash label installation shall be performed by the Contractor, under the Consultant’s supervision. Consultant shall have the following limits of authority during the Construction Phase: ► Consultant’s visits to the Site and on-Site observations are subject to all the limitations on Consultant’s authority and responsibility set forth below. ► The City will furnish Resident Project Representative (RPR) staff for observation of the Work. ► The Consultant will not supervise, direct, control or have authority over or be responsible for Contractor’s means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incidental thereto, or for any failure of Contractor to comply with Laws or Regulations applicable to the furnishing or performance of the Work. The Consultant will not be responsible for Contractor’s failure to perform or furnish the Work in accordance with the Contract Documents. ► Upon authorization by the City, the Consultant will have authority to disapprove or reject Work which the consultant believes to be defective, that Consultant believes will not produce a completed Project that conforms to the Contract Documents, or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. The Consultant will also have authority to require special inspection or testing of the Work as provided in the Contract Documents, whether or not the Work is fabricated, installed or completed. ► The Consultant will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ► The Consultant’s review of the Applications for Payment and accompanying documentation, and all maintenance and operating instructions, schedules, guarantees, certificates of inspection, tests and approvals and other documentation required to be delivered will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals, that the results certified indicate compliance with, the Contract Documents. ► The Consultant will be responsible for site safety of Consultant’s staff and Subconsultant’s employees. The Consultant will supply the required safety equipment and will require that all Consultant employees and Subconsultant’s employees are properly equipped and trained in all safety procedures and precautions for the necessary task. ► The limitations upon authority and responsibility set forth in this agreement will also apply to the Consultant’s staff, subconsultants, and assistants. The City will act as the primary point of contact with the Contractor, supported by the Consultant. All contractual written communication regarding scope, schedule and costs with the Contractor will be authorized by the City. Other project and field-related written communications, such as RFI’s, Shop Drawings, etc. can be submitted between the Contractor and the Consultant. However, all written CITY OF INDEPENDENCE, MO PAGE 4 COURTNEY BEND ELEC UPGRADES Page 179 of 516 communication of any kind will be copied to the City. All major project decisions related to potential design modifications, construction schedule extensions, and contract price adjustments must be approved in writing by the City. The Consultant will provide an allotment of up to 40 hours to construction support activities. The Consultant will review and interpret the Construction Contract Documents, with reasonable promptness, when requested by the City. The Contractor will provide response to written requests for clarification (which may be in the form of Drawings), interpretation, or information using an approved Request for Information (RFI) form. The Contractor will provide written responses for RFIs to the City for review and approval. The city will distribute approved RFIs to the Contractor. The Consultant will review and determine the acceptance, or rejection, of material or equipment items submitted by Contractor for substitutes and “or equal” items to a named item specified in the Construction Contract Documents at the City’s request. The Consultant will attend a preconstruction conference, scheduled and managed by the Contractor, with the City. One representative will attend for the Consultant. The date, time, and location for the preconstruction conference will be determined and provided by the Contractor in coordination with the Consultant and the City. The preconstruction conference will include a discussion of the Contractor’s tentative schedules, procedures for transmittal, review, and acceptance of the Contractor’s submittals, processing of payment applications, critical work sequencing, change orders, work change directives, record documents, the Contractor’s responsibilities for safety and first aid, and other administrative items, and will address questions. The Contractor will prepare and distribute meeting agenda and notes. The Consultant will make periodic site visits to the site as requested by the City to review special construction issues, inspections, installation checks, functional acceptance and testing with Contractor and the City. The Consultant will visit the site(s) to observe the construction activities for general conformance with the intent of the technical specifications and drawings prior to certification of applications of payment and to assist with resolution of field issues during the Project. The Consultant will receive, review, and accept shop drawings, samples, and data submitted by the Contractor as required by the Construction Contract Documents. The Consultant’s review and acceptance will only be to determine if the items covered by the submittals will, after installation or incorporation into the Work, conform to the requirements in the Contract Documents and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. The review and acceptance of a separate item will not indicate acceptance of the assembly in which the item functions. The Consultant’s review does not indicate a thorough review of all dimensions, quantities, and details of the material, equipment, device, or item covered. The Consultant’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs. The Consultant’s review and acceptance of shop drawings or samples will not relieve the Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has in CITY OF INDEPENDENCE, MO PAGE 5 COURTNEY BEND ELEC UPGRADES Page 180 of 516 writing called the Consultant’s attention to each such variation at the time of submission as required by the Contract Documents and the Consultant has given written acceptance of each variation by specific written notation thereof incorporated into or accompanying the shop drawing or sample acceptance; nor will any acceptance by the Consultant relieve Contractor from responsibility for complying with the requirements of the Contract Documents. The Consultant will distribute Contractor’s electronic submittals as specified in the Construction Contract Documents. The Consultant will review up to 2 original submittals for the Project, plus 1 resubmittal for each original submittal. The Consultant will be reimbursed by the City via Optional Services for review beyond the first resubmittal. The Consultant will provide copies of all correspondence and approved submittals to the City. The Consultant will review and evaluate the Contractor’s claims and documentation for changes in the Work and Change Orders. The Consultant will review Work Change Directives for authorized changes in the Work to be incorporated in a subsequent Change Order as requested by the City, in accordance with the Construction Contract Documents. The Consultant will evaluate the cost and time and, where necessary, negotiate with Contractor to obtain a fair price and time for the approved changes in the Work. Negotiations and adjustments of the Contract Price and Time will be subject to approval by the City. The City will process and execute Change Orders. The City, Consultant, and Contractor will conduct one site review of the Work to determine the status of completion when Contractor considers the Work to be substantially complete. One representative will attend for the Consultant. The Consultant will prepare and distribute a written punch list of the items to be completed or corrected by Contractor before Substantial Completion is achieved. The City will be responsible for observing and verifying the completion of the work on the punch list by the Contractor. Substantial completion will be determined and documented by the City. Final completion will also be determined by the City. Lastly, the City will approve and execute the Final Application for Payment including providing accompanying documentation as required by the Construction Contract Documents. Task 402 – Construction Record Drawings Upon substantial completion and the Contractor’s submittal of record drawing markups, the Consultant will prepare Conforming to Construction Records drawings based on as-built documentation from the Contractor and the City. In the case of discrepancies between the two sets of information, the Contractor’s red-lines will be followed unless directed differently by the City. The Consultant will provide one set of original drawings in PDF format and one electronic version of each CAD (.dwg) file. CITY OF INDEPENDENCE, MO PAGE 6 COURTNEY BEND ELEC UPGRADES Page 181 of 516 Design Schedule: Compensation: For the scope of services performed as described herein, CLIENT (City) shall pay Burns & McDonnell (Contractor) the lump sum amount of $130,000. CITY OF INDEPENDENCE, MO PAGE 7 COURTNEY BEND ELEC UPGRADES Page 182 of 516 Clarifications and Exceptions Our proposal is based on the following clarifications and exceptions: 1. Price is based upon the design of the Phase 1 and Phase 2 scopes indicated in the Consultant’s “Electrical Improvements Study” (Rev 1, 11/24/2025). The proposal and associated clarifications will be incorporated into the final prime agreement between City and the Consultant. 2. Bid phase services are excluded from this project scope. Div 0 and Div 1 front end contractual documents shall be prepared and owned by the City, but can be reviewed by the Consultant. 3. Proposal is based upon the Preliminary Schedule, detailed in this document. It assumes project kickoff starting August 3rd, 2026. 4. It is assumed that the Consultant will not encounter any existing hazards including, but not limited to, contaminated soils. Mitigation/abatement of all existing hazardous substances is not included. 5. Construction mitigation of all underground obstructions, including relocation of existing drains, electric lines, etc. is not included. 6. Material testing and Geotechnical investigation is not included. 7. Proposal does not include any provisions for permitting review or schedule delays beyond the estimated duration shown in the schedule. 8. Environmental impact studies and cultural investigations of the Site are excluded. 9. City agrees that the Consultant has the right to rely on the completeness and accuracy of the documents/data which City has provided to the Consultant to complete its design and construction, without independent verification. Any deviations from such documents/data shall constitute grounds for a Change Order. 10. Costs or schedule constraints/impacts associated with environmental permitting are not included. 11. The Consultant assumes a minimum size pole to be installed is a 45’ class 2. Taller poles may be utilized if needed. 12. The Consultant will not be responsible for determining structural integrity of existing poles. 13. The Consultant will be provided with the existing system analysis model for the facility. All existing infrastructure is modeled, along with the existing coordination details. 14. Estimates, schedules, forecasts, and projections prepared by the Consultant relating to loads, interest rates and other financial analysis parameters, construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are opinions based on the Consultant’s experience, qualifications, and judgment as a professional. Since the Consultant has no control over weather, cost and availability of labor, cost and availability of material and equipment, cost of fuel or other utilities, labor productivity, construction contractor’s procedures and methods, unavoidable delays, construction contractor’s methods of determining prices, economic conditions, government regulations and laws (including the interpretation thereof), competitive bidding or market conditions, and other factors affecting such estimates or projections, the Consultant does not guarantee that actual rates, costs, quantities, performance, schedules, etc., will not vary significantly from estimates and projections prepared by the Consultant. 15. The City shall coordinate communication and all activities with all City staff including other City Departments. CITY OF INDEPENDENCE, MO PAGE 8 COURTNEY BEND ELEC UPGRADES Page 183 of 516 Wellfield Electrical Improvements Project No. 402008 Burns & McDonnell A & E Terms & Conditions – 2024-2026 CONTRACT FOR PROFESSIONAL SERVICES This contract, made by and between the City of Independence, Missouri (hereinafter called City) and, Burns & McDonnell______________________________________________, a Corporation (hereinafter called Consultant). W I T N E S S E T H: WHEREAS, City requires ______Engineering Design_________________________________services and, WHEREAS, consultant is prepared to provide said professional services and shall give consultation and advice to City during the performance of said services; NOW THEREFORE, City and Consultant in consideration of the mutual covenants contained in this contract, agree as follows: ARTICLE 1 – EFFECTIVE DATE The effective date of this contract shall be ________________TBD______________________. ARTICLE 2 – SERVICES TO BE PERFORMED BY CONSULTANT Consultant shall perform the services set forth in the documents attached hereto and made a part of this contract, which include one or more of these documents: Request for Proposals, scope of work, statement of work, consultant’s proposal, and pricing. ARTICLE 3 – PERIOD OF SERVICE The services shall be completed by__________________TBD___________________________. ARTICLE 4 – COMPENSATION For services performed, the City shall pay the consultant, an amount not to exceed ____$130,000________________________. Regular (e.g. monthly) invoices shall be submitted by the Consultant to the City for payment of services performed and expenses incurred during the preceding month. Invoices shall indicate the hours expended for each individual person, the total labor billing, and a summary of other expenses and charges with supporting documentation. The City’s payment terms are Net 30. Payment will be made by the City within thirty (30) days of receipt of the complete invoice. The City’s preferred method of payment is via City credit card with no added fees. If credit is not acceptable, payment will be made by check. The City is exempt from State of Missouri sales and use taxes on purchases made directly for the City. Consultant shall not include any sales or use taxes on transactions between the Consultant and City. ARTICLE 5 – PERMITS AND LICENSES 1 Page 184 of 516 Wellfield Electrical Improvements Project No. 402008 The Consultant shall procure all necessary local construction permits and licenses and a City of Independence occupation license, unless exempt under state law. Consultant will abide by all applicable laws, regulations, and ordinances of all federal, state, and local governments in which work under this contract is performed, and will require the same of all sub-consultants. The consultant must furnish and maintain certification of authority to conduct business in the State of Missouri. ARTICLE 6 – OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Except as otherwise provided herein, documents, drawings, and specifications prepared by Consultant as part of the services shall become the property of City, provided Consultant has the unrestricted right to their use. Notwithstanding the foregoing, City accepts that any re-use of the documents or intellectual property shall be at City’s sole risk and liability. ARTICLE 7 – CHANGES, DELETIONS, OR ADDITIONS TO CONTRACT Either party may request changes within the general scope of this Contract. If a requested change causes an increase or decrease in the cost or time required to perform this contract, City and Consultant will agree to an equitable adjustment of the contract price, period of service, or both, and will reflect such adjustment in a change order or formal modification. ARTICLE 8 – STANDARD OF CARE Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a peer professional under similar circumstances. If Consultant fails to meet the foregoing standard of care, Consultant will re-perform the services which are necessary to correct failures of this standard of care, at its own cost, and without reimbursement from City. Failures to meet this standard of care shall be reported to the Consultant in writing within one (1) year from the performance of the Services. This obligation to re-perform the services is Consultant’s sole obligation and City’s sole and exclusive remedy with respect to defects in the quality of the services. ARTICLE 9 – LIABILITY AND INDEMNIFICATION Having considered the potential liabilities that may exist during the performance of this contract and the consultant’s fee, and in consideration of the mutual covenants contained in the contract, City and consultant agree to allocate and limit such liabilities in accordance with this article. Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless the City, its officers, directors, and employees against all damages, liabilities, or costs, including reasonable attorney fees and defense costs, to the extent caused by the consultant’s negligent performance of professional services under this contract and that of its sub-consultants or anyone for whom the consultant is legally liable. Consultant shall indemnify City against legal liability for damages arising out of claims by consultant’s employees. Except in cases of gross negligence or willful misconduct and except to the extent such damages are otherwise covered by the insurance requirements set forth herein, in no event will either party be liable under this agreement to the other party or its affiliates for any special, indirect, consequential, including, without limitation, damages or losses in the nature of increase project costs, loss of revenue or profit, lost production, claims by customers of city, or governmental fines or penalties. 2 Page 185 of 516 Wellfield Electrical Improvements Project No. 402008 To the fullest extent permissible by law, the total liability, in the aggregate, of Consultant, its officers, directors, shareholders, employees, agents, affiliates, subcontractors and subconsultants, and any of them, to City and anyone claiming by, through or under City, for any and all claims, losses, liabilities, costs or damages whatsoever arising out of, resulting from or in any way related to the services or this Agreement, including, but not limited to, tort claims, claims of negligence (of any degree), professional errors or omissions, breach of contract, breach of warranty, indemnity claims and strict liability of Consultant, its officers, directors, shareholders, employees, agents, subcontractors and subconsultants, and any of them, or otherwise shall not exceed the total compensation actually received by Consultant for the price of the work order which references this Agreement under which the subject services are being performed. ARTICLE 10 – INSURANCE Architect, Engineering, and Survey Services The Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the materials, equipment or supplies provided to the City. The insurer(s) must be licensed for business in the State of Missouri and maintain an A.M. Best rating of no less than A: VII; or an insurer approved by the City. Each policy requires a minimum cancellation notification of at least thirty (30) days’ advance written notice to the City. (1) General Liability Insurance, with bodily injury and property damage limits of $1,000,000 for each occurrence with a $2,000,000 general aggregate and $2,000,000 products and completed operations aggregate. (2) Professional Liability or Errors and Omissions Insurance, with a limit of $1,000,000 annual aggregate. (3) Automobile Liability Insurance, with bodily injury limits of $1,000,000 for each person and $1,000,000 for each accident, and with property damage limits of $1,000,000 for each accident. The City is to be named as an additional insured as the City's interest may appear for the General Liability. The Consultant's insurance shall be primary and any insurance or self-insurance maintained by the City shall be excess for the City and not contribute with the coverage maintained by the Consultant. The City shall not obtain worker's compensation insurance on behalf of the Consultant or the employees of the Consultant. The Consultant shall comply with the worker's compensation law concerning its business and its employees. ARTICLE 11 – SHIPPING, TITLE AND RISK OF LOSS All sales and deliveries are F.O.B. City. ARTICLE 12 – DELAY IN PERFORMANCE Neither City nor consultant shall be considered in default of this contract for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this contract, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restrains; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or 3 Page 186 of 516 Wellfield Electrical Improvements Project No. 402008 services required to be provided by either City or consultant under this contract. If such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this contract. ARTICLE 13 – TERMINATION City may terminate or suspend performance of this contract for City’s convenience upon written notice to consultant. Consultant shall terminate or suspend performance of the services on a schedule acceptable to City. If termination or suspension is for City’s convenience, City shall pay consultant for all the services performed until the date of the termination by the City or suspension expenses. If contract is restarted, an equitable adjustment shall be made to Consultant’s compensation. This contract may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this contract. The nonperforming party shall have 15 calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other party. In the event that funding for the contract is discontinued, City shall have the right to terminate this contract immediately upon written notice to Consultant. ARTICLE 14 – WAIVER A waiver by either City or Consultant of any breach of this contract shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. ARTICLE 15 – SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this contract or the occurrence of any event rendering any portion or provision of this contract void shall in no way affect the validity or enforceability of any other portion or provision of this contract. Any void provision shall be deemed severed from this contract, and the balance of this contract shall be construed and enforced as if this contract did not contain the particular portion or provision held to be void. The parties further agree to amend this contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this article shall not prevent this entire contract from being void if a provision which is of the essence of this contract be determined void. ARTICLE 16 – SUCCESSORS AND ASSIGNS City and Consultant each binds itself and its directors, officers, partners, successors, executors, administrators, assigns, and legal representatives to the other party to the contract and to the directors, officers, partners, successors, executors, administrators, assigns, and legal representatives of such other party in respect to all provisions of this contract. ARTICLE 17 – ASSIGNMENT Neither City nor Consultant shall assign any rights or duties under this contract without the prior written consent of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will release or discharge the assignor from any obligation under this contract. ARTICLE 18 – THIRD PARTY RIGHTS Nothing in this contract shall be construed to give any rights or benefits to anyone other than City and Consultant. 4 Page 187 of 516 Wellfield Electrical Improvements Project No. 402008 ARTICLE 19 – INDEPENDENT CONSULTANTS Each party shall perform its activities and duties hereunder only as an independent consultant. The parties and their personnel shall not be considered to be employees or agents of the other party. Nothing in this contract shall be interpreted as granting either party the right or authority to make commitments of any kind for the other. This contract shall not constitute, create, or in any way be interpreted as a joint venture, partnership or formal business organization of any kind. ARTICLE 20 – AUDIT Consultant agrees that the City, or a duly authorized representative, shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and copy any pertinent books, documents, papers, records, or electronic records of the Consultant involving transactions related to this contract. ARTICLE 21 – OWNER’S ENGINEER Consultant is directed to rely upon information provided by or through City, without independent verification. When Consultant services require Consultant to view or observe work product prepared by the City or others working on behalf of City, the parties agree that such observation is solely for the purpose of understanding the information and work product. The review is not intended to be exhaustive and the observation was not invasive; nor is the limited review to validate, confirm, or assure another engineer’s calculations, design or efficacy, nor done as a QA/QC process, and thus should not be considered as recommendations to change design or as necessary to be implemented. Rather the limited review is solely to provide the City opinions and/or considerations that the City may or may not want to consider. No action or implementation regarding any opinion, recommendation, or observation expressed should be implemented without the involvement of the design engineer. Nothing provided herein or in any report or deliverable to City shall be interpreted by any party as Consultant taking responsibility for the design, and/or being the engineer of record or responsible charge; any comments etc., are strictly for City consideration, and may only be properly considered and incorporated into the design by the engineer of record. Consequently, the parties agree that Consultant has no duty to discover defects, deficiencies or problems that may exist in any work product that is observed. ARTICLE 22 – EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract or purchase order, the Consultant agrees as follows: The Consultant will not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, national origin or any other legally protected category. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, age, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, age, color, religion, sex, or national origin. 5 Page 188 of 516 Wellfield Electrical Improvements Project No. 402008 The Consultant will send to each labor union or representative of workers with which Consultant has a collective bargaining agreement or other contract or understanding, a notice to be provided by a contract compliance officer advising the said labor union or workers' representatives of the Consultant's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his or her books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's noncompliance with the non-discrimination clauses of this contract or purchase order with any of the said rules, regulations, or orders, this contract or purchase order may be canceled, terminated, or suspended in whole or in part, and the organization may be declared ineligible for any further government contracts or purchase order or federally assisted contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rules, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The Consultant will include the entire text of this Equal Employment Opportunity section and its subsections in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub-consultant or vendor. The Consultant will take such action with respect to any sub-consultant or purchase order as the City may direct as a means of enforcing such provisions, including sanctions of noncompliance; provided, however, that in the event a consultant becomes involved in, or is threatened with litigation with a sub-consultant or vendor as a result of such direction by the City, the Consultant may request the United States to enter into such litigation to protect the interest of the United States. ARTICLE 23 – GOVERNING LAW This contract shall be governed by the laws of the State of Missouri. The City and the Consultant agree that the performance of this contract will be deemed to have occurred in the State of Missouri and that consultant’s performance under this contract will be deemed the transaction of business in Missouri. Jurisdiction and venue for any claim or cause of action arising under this contract shall be exclusively in the Sixteenth Judicial Circuit of Missouri and the Consultant submits to personal jurisdiction of and waives any personal jurisdiction or inconvenient forum objection to, that court. ARTICLE 24 – COMMUNICATIONS Any communication required by this contract to the Consultant shall be made in writing to the authorized representative named on the completed front page or response page of the solicitation. Any communication required by this contract with the City shall be to: _________________________________________________________________________________ 6 Page 189 of 516 Wellfield Electrical Improvements Project No. 402008 Nothing contained in this article shall be construed to restrict the transmission of routine communications between representatives of Consultant and City. ARTICLE 25 – SEPARATE CONTRACTS City and Consultant each reserve the right to, from time to time, enter into other contracts for specific projects. If such contracts are separately approved in writing by the parties, the terms and conditions of those contracts shall prevail for the specific projects set forth therein. ARTICLE 26 – ENTIRE CONTRACT This contract represents the entire agreement between the City and Consultant. All previous or contemporaneous agreements, representations, promises and conditions relating the Consultant’s services described herein are superseded. The RFP including the terms and conditions, the Consultant’s response and written proposal, and purchase order (where applicable) shall constitute the entire contract. If these General Terms & Conditions be in conflict with any attached Special Conditions, the Special Conditions will supersede the General Terms & Conditions. In case of a discrepancy, the purchase order shall take precedence over the RFP and the RFP shall take precedence over the Consultant’s response and written proposal. ARTICLE 27 – SURVIVAL OF TERMS The following provisions shall survive the expiration or termination of this contract for any reason: if any payment obligations exist, Article 4 – Compensation; Article 5 – Permits and Licenses; Article 9 – Liability and Indemnification; Article 14 – Waiver; Article 15 – Severability; Article 17 – Assignment; Article 19 – Independent Consultants; Article 23 – Governing Law; Article 26 – Entire Contract; and this Article 27 – Survival of Terms. IN WITNESS WHEREOF, City and consultant, by and through their authorized officers, have made and executed this contract. City Consultant By: _________________________________ By: _______________________________ Title: ______________________________ Title: ______________________________ Date: _______________________________ Date: ______________________________ 7 Page 190 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested allow the City Manager to sign a memorandum of understanding (MOU) with, and issue a purchase order for $100,000 to the Community Services League (CSL) as part of a commitment to "Independence TOGETHER'. Item passes 7-0 Recommendations: Council approval is recommended. Background: This contract was renewed by the Council on July 20, 2026. This contract aligns the MOU with the current program's operational changes that have been made over the life of the program. The updates are reflected in the attached MOU. Changes are not substantial, but rather include minor modifications such as: 1. Pay is $18.54 per hour, and the $3/hour housing stipend is included in regular pay. (#5 and #14a) 2. The original MOU was for 27 weeks; the contract now covers a full 52 weeks. (#2 and #14a) 3. The supervisor (#14b) is also actively cleaning and providing litter removal. Of note, CSL has been able to successfully garner additional support from the Independence Events Center Community Improvement District, the Fairmount Community Improvement District, the Noland Road Community Improvement District, and philanthropic support from T- Mobile. These additional dollars amplify, enhance, and expand the investment of the City and translates into more hours worked, and more litter removed from our roadsides and green spaces. Emergency Justification: Fiscal Impact: There is no fiscal impact as a result of these modifications. Council Action: Page 191 of 516Department / Council and Board / Contact REVIEWERS Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Independence TOGETHER contract 2026-2027 Page 192 of 516 Memorandum of Understanding Between Community Services League of Jackson County AND The City of Independence, Missouri Background Community Services League (CSL) is the largest provider of homeless outreach services in the City of Independence (COI). Most people, housed or unhoused, want to work. Jobs provide routines for individuals, promote sobriety, self-control, and other admirable qualities. COI is home to many individuals that live on the streets or other habitats that are not ideal for healthy lifestyles. It is well documented and discussed that trash is very prevalent in COI and all over the Kansas City metropolitan area. Much of the trash blows out of commercial/residential dumpsters, and out of trash trucks along the road. Further cleaning up of COI, especially the parks, historical sites, shopping districts, and main thoroughfares will improve the overall perception of COI. To address the issues described above, CSL and COI will engage in a project to provide meaningful job opportunities to homeless residents of COI. To qualify for this opportunity, individuals must be: 1) Living on the streets or in their car 2) Living temporarily in a hotel or motel 3) “Couch surfing” with friends or family 4) Unaccompanied minors 5) Living in half-way houses or sobriety houses 6) In a CSL transitional housing program 7) Those with disabilities Current Program Opportunities CSL supports homeless and unstably housed individuals and providing temporary jobs is a step in securing both a permanent job and stable housing. It is extremely difficult to go from homelessness to housed without substantial supports along the way, including the opportunity to earn money. CSL and COI agree to the following program guidelines: 1) CSL will supervise a crew of workers to address the community litter problem. 2) CSL’s goal is to provide, on average, 70 hours of cleaning per week during COI’s fiscal year beginning July 1, 2026 through June 30, 2027 3) CSL will use a trailer to haul off trash bags from the side of the roads and will invite local trash haulers (and/or MoDOT) to assist in collection. The program will be compliant with all laws regarding various types of waste disposal. Page 193 of 516 4) All workers will be trained and supervised by CSL and will follow the agency’s Personnel Policy Manual. 5) CSL will offer a minimum wage of $18.54/hour that will be paid daily, and all workers will be 1099 contract employees. 6) CSL may be able to help workers with additional housing support as grants/funds allow. 7) CSL will, to the best of its ability, connect its homeless workers to mainstream benefits and resources. 8) CSL will, to the best of its ability, coach the participants into new, full-time employment after gaining skills and experience through this program. 9) CSL will, to the best of its ability, attempt to place its workers in permanent housing. 10) CSL will ensure its workers are properly trained, supervised, and given proper direction. 11) CSL will ensure its workers are wearing proper work attire and will provide proper supplies to workers to successfully complete their job. 12) CSL will maintain a general liability policy with minimum limits of one million dollars ($1,000,000) each occurrence and statutory workers’ compensation during the entirety of this agreement. CSL will include COI as an additional insured on CSL’s general liability policy. CSL will provide COI with a Certificate of Insurance each year. Additionally, CSL releases all liability from COI. CSL is completely liable for any and all injuries that may occur to its staff, homeless workers, and any other employee. COI will not be held liable for any injuries to CSL’s staff, homeless workers, or any other employee, including but not limited to: cuts, scrapes, bruises, lesions, abrasions, sprains, fractured bones, broken bones, blindness; severed limbs, or death. 13) CSL will supply trash bags, trash cans, and high visibility vests for the workers. 14) COI will provide CSL with one hundred thousand dollars ($100,000) for the project, to be distributed as follows: a. $67,485 (3,640 hours of trash cleanup @ $18.54/hour = $67,485 July 1, 2026 – June 30, 2027– an average of 70 hours worked per week, (with some variance for holidays, special events, etc.). b. $ $25,015: For supervisor, transportation, supplies/equipment. c. $7,500: For payment processing, accounting, and coaching. 15) COI will allow the project to continue for an additional three (3) years, if mutually agreed upon by the parties. This MOU shall remain in effect until modified or terminated by either party. Either party may terminate this agreement by providing written notice to the City of Independence City Manager or the Community Services League CEO; upon receipt of written notice, this MOU shall terminate thirty (30) days thereafter. Signed By: _______________________________________ City of Independence, City Manager Community Services League, CEO Page 194 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: A public hearing for the amendment to the Unified Development Ordinance, Chapter 14, of the Independence City Code relating to Data Centers & Battery Energy Storage Systems. Full Public Hearing. Item postponed to 9/8/26 7-0 Recommendations: Background: Emergency Justification: Fiscal Impact: Council Action: Department / Community Development / Contact REVIEWERS Tom Scannell Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. 7-14-26 Public Notice Proof Page 195 of 5167/14 PC Ad - Page 2 of 2 Page 196 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-072 2R An ordinance amending the Unified Development Ordinance, Chapter 14, of the Independence City Code pertaining to data processing and hosting and battery energy storage systems uses. 2R Item postponed to 9/8/26 7-0 Recommendations: Commissioner Young made a motion to make the following changes to the proposed UDO: 1. Revise the Small and Major Data Processing & Hosting regulations to match the Battery Energy Storage System (BESS) financial assurance requirements, including requiring a bond or irrevocable letter of credit for decommissioning. 2. Require new Small and Major Data Processing & Hosting facilities to provide parking that meets the City's standard UDO requirements to better accommodate future reuse if the facility is decommissioned. 3. Increase the neighborhood meeting notice for Major Data Processing & Hosting facilities from 15 days to 30 days and require notices to be sent by certified mail. 4. Clarify that only projects with an issued building permit prior to the effective date of the ordinance are exempt from the new regulations; projects with pending applications must comply with the updated UDO requirements. A second to the motion was made by Commissioner Nesbitt. The Independence Planning Commission voted as follows on the suggested changes: Commissioner Ashbaugh – Yes Commissioner Ferguson – Yes Commissioner Nesbitt – Yes Commissioner O’Neill – Yes Commissioner Torres - Yes Commissioner L. Wiley – Yes Commissioner Young – Yes Commissioner Nesbit made a motion to recommend approval of Case 26-175-03, UDO Amendment #80 Data Processing and Hosting and Battery Energy Storage Systems Uses. A second to the motion was made by Commissioner O’Neill. The Independence Planning Commission voted as follows: Commissioner Ashbaugh – No Commissioner Ferguson – No Commissioner Nesbitt – No Commissioner O’Neill – Yes Commissioner Torres - No Page 197 of 516Commissioner L. Wiley – No Commissioner Young - No The motion failed and the case is forwarded to the City Council for its consideration. Staff recommends approval of this amendment. Background: PROJECT DESCRIPTION: The City requests approval of amendments to the Unified Development Ordinance (UDO) to establish new regulations governing Data Processing and Hosting Facilities (commonly referred to as data centers) and Battery Energy Storage Systems (BESS). The proposed amendments create Article 14 429, Small Data Processing and Hosting; Article 14 430, Major Data Processing and Hosting; and Article 14 431, Battery Energy Storage Systems. These articles establish development, operational, buffering, design, safety, application, reporting, and decommissioning standards for these uses. The office, commercial, and industrial use tables and related use group definitions have also been updated. Additionally, a new Section 14 400 13, Accessory Data Processing and Hosting, has been created. The proposed amendment introduces three new definitions: accessory data processing and hosting, small data processing and hosting, and major data processing and hosting. These definitions are based on our existing framework, which is intentionally broad to capture current technologies while remaining flexible for future advancements. Rather than tying the use to any specific technology—such as cloud computing or artificial intelligence—the definitions focus on the functional role of the facility. • Function-based rather than technology-based: Defining the use by "providing infrastructure" instead of naming specific equipment means the definition is less likely to become obsolete. • Includes emerging technologies: Specifically, referencing cloud computing and artificial intelligence captures today's major drivers. • Covers support systems: Including "associated equipment and supporting systems" recognizes that cooling, backup power, networking, and mechanical systems are integral parts of these facilities. • Separates accessory, small, and major facilities: This gives the City flexibility to regulate facilities based on intensity rather than simply whether they are a data center. BACKGROUND: Data processing and hosting facilities have emerged as a rapidly growing component of industrial and technology-related development throughout the United States. These facilities provide infrastructure for cloud computing, data storage, artificial intelligence applications, web hosting, and other digital services that support modern commerce and communications. While data centers can represent significant private investment and contribute to local economic development, they also present unique land use considerations not commonly Page 198 of 516associated with traditional industrial development. These considerations include substantial electrical demand, water consumption, backup power generation, noise from mechanical equipment, large building footprints, visual impacts, and potential compatibility concerns with nearby residential neighborhoods and community facilities. The City's current UDO does not contain use-specific regulations for data processing and hosting facilities. As interest in this development type continues to increase, staff believes additional standards are appropriate to provide clear expectations for future development while protecting surrounding properties and community resources. As part of the amendment, a tiered regulatory framework for data processing and hosting facilities to reflect their differing scales, operational impacts and infrastructure demands has been established. Three use types have been created: Accessory Data Processing and Hosting Facility: A subordinate use located within or attached to a principal structure, intended to support the primary use on the site. Small Data Processing and Hosting Facility (< 2.5 MW): A standalone or principal use facility with an electrical load of less than two and one-half megawatts, typically characterized by limited site impacts and compatibility with a broader range of zoning districts. Major Data Processing and Hosting Facility (> 2.5 MW): A high capacity installation with an electrical load greater than two and one-half megawatts, generally requiring enhanced infrastructure, larger footprints, and elevated performance, siting, and buffering standards. This tiered approach ensures that each facility type is regulated proportionately to its scale and potential effects on surrounding properties, public infrastructure, and community character. Accessory Data Processing and Hosting UDO Amendment The proposed amendment establishes a new Section 14 400 13, Accessory Data Processing and Hosting Facility, as a defined and regulated accessory use. The section includes standards for applicability, location, enclosed building and compliance with the City’s adopted building, fire, electrical, and mechanical codes. An accessory data processing and hosting facility is incidental and subordinate to the principal use of the property and is intended solely to support the operations of that principal use. It may not function as a standalone commercial data processing or hosting operation nor may it provide hosting or data processing services to third parties as its primary purpose. This new section further clarifies that all such facilities must comply with the City’s adopted building, fire, electrical and mechanical codes. Small Data Processing and Hosting UDO Amendment The proposed amendment establishes a new Section 14-429, Small Data Processing and Hosting and creates development standards that recognize the scale of small data processing and hosting facilities while ensuring compatibility with surrounding development and minimizing impacts associated with mechanical equipment, noise, lighting, cooling systems, and backup power generation. These facilities would be allowed subject to the requirements of Section 14-429 in the C-2, C-3, BP/PUD and I-1 districts and include the following key Page 199 of 516provisions: Applicability This section establishes the purpose of the regulations and clarifies when the standards apply. It also includes a grandfathering provision allowing projects that have already received development approvals to proceed under the regulations that were in effect at the time of approval, including approved phased developments. This protects vested property rights while ensuring that future projects comply with the new standards. Setbacks The setback provisions recognize that a small data processing and hosting facility could occupy existing industrial or commercial buildings where requiring additional setbacks would be impractical. Existing buildings are deemed compliant, while new construction and building additions must satisfy the setback requirements of the underlying zoning district. Mechanical equipment is generally required to meet the same setbacks as the principal structure, although limited flexibility is provided when enhanced screening or buffering can achieve equivalent visual and noise mitigation. This approach balances redevelopment opportunities with compatibility for adjacent properties. Buffering and Screening This section ensures that exterior equipment associated with these facilities is appropriately screened from neighboring properties and public rights-of-way. Existing developments are not required to construct additional buffer yards unless new exterior equipment is installed, while new construction and a building addition must comply with the City's existing landscape and screening standards. Screening requirements for generators, transformers, cooling equipment, loading areas, and other service areas reduce visual impacts and improve compatibility with surrounding development. Parking Small data processing and hosting facilities typically employ relatively few personnel compared to traditional industrial or office uses. The proposed parking requirement bases parking on the maximum number of employees working during a single shift rather than building size, resulting in parking that more accurately reflects operational demand. Existing parking areas may remain unchanged unless modified, while any new or reconfigured parking must comply with current setback and screening requirements. Architectural and Design Requirements This section requires compliance with the City's existing commercial and industrial building design standards for both existing buildings and new construction. This ensures consistency throughout the UDO while maintaining high-quality building materials and architectural appearance. Lighting Exterior lighting associated with these facilities must comply with the City's existing lighting standards. These requirements help reduce glare, minimize light trespass onto adjacent properties, and maintain safe site illumination while protecting nearby development. Page 200 of 516 Noise and Maintenance Requirements Mechanical equipment and backup generators have the potential to generate noise that can affect neighboring properties. The proposed standards require compliance with the City's existing noise ordinance while also limiting routine generator testing to normal weekday business hours, establishing monthly testing limits, requiring sound attenuation, and maintaining annual generator testing records. These standards allow facilities to maintain emergency backup systems while minimizing operational impacts on surrounding properties. Cooling Systems Cooling systems represent one of the primary operational components of data processing facilities. The proposed regulation requires facilities to utilize closed-loop cooling systems or technologies that achieve equivalent or lower water consumption while ensuring that cooling- related water demand does not exceed the City's available utility capacity. These standards promote efficient water use and help protect long-term utility resources. Decommissioning and Site Restoration Should a facility permanently cease operations, this section requires submission of a decommissioning plan and restoration of the site for future industrial or commercial use. Rather than requiring demolition of the principal building, the regulations encourage adaptive reuse by requiring the removal of specialized data processing equipment while preserving buildings, parking, utilities and other infrastructure that can support future tenants. This reduces the likelihood of vacant buildings and promotes long-term economic reuse of developed sites. Ongoing Compliance and Reporting To ensure continued compliance after construction, operators must submit an annual report documenting compliance with noise standards, cooling systems, landscaping, stormwater maintenance and generator testing requirements. The City is also authorized to conduct inspections as necessary to verify ongoing compliance with the ordinance. These provisions provide accountability throughout the operational life of the facility rather than limiting review to the initial development process. Violations and Enforcement This section establishes that violations of the ordinance may result in enforcement actions authorized under the UDO. The provision provides the City with the authority necessary to address noncompliance and ensure that approved operational standards continue to be met. Modifications Future expansions or substantial modifications to a facility's mechanical systems, electrical infrastructure, or site layout are subject to City review. This ensures that operational changes continue to meet the intent of the ordinance and are evaluated for potential impacts on surrounding properties. Zoning Districts As discussed above, Small Data Processing and Hosting uses are permitted in the C-2 (General Page 201 of 516Commercial), C-3 (Commercial Services), BP/PUD (Business Park/Planned Unit Development), and I-1 (Light Industrial) districts, subject to compliance with the standards established in Section 14-429. These zoning districts are intended to accommodate commercial, office, technology and light industrial activities that are compatible with enclosed data processing operations. Small data processing and hosting facilities typically function with limited employees, minimal customer traffic and no outdoor storage or manufacturing activities. Their operational characteristics are generally consistent with other commercial and office-based uses permitted within these districts. The standards contained in Section 14-429 ensure that potential impacts associated with these facilities, including noise, mechanical equipment, screening, lighting, and utility infrastructure are appropriately addressed regardless of zoning district. Requiring compliance with these operational and development standards allows small data processing and hosting facilities to integrate into existing commercial and light industrial areas while protecting adjacent properties and maintaining compatibility with surrounding development. Major Data Processing and Hosting UDO Amendment PROPOSED AMENDMENT SUMMARY The proposed amendment creates a new Section 14-430, Major Data Processing and Hosting Facilities, allows these uses in the I-1 District with approval of a special use permit and includes the following key provisions: Applicability The standards apply to all new major data processing and hosting developments but exempt projects that have submitted building permits, received final site plan approval, or obtained other applicable development entitlements prior to the effective date. Approved phased developments may continue under previously granted entitlements. Setbacks and Separation Requirements All structures, equipment, and appurtenances, including inverters, transformers, auxiliary systems, and substations must maintain a minimum setback of 100 feet. Additionally, no data processing and hosting facility may be located within 500 feet of residential uses, schools, parks, playgrounds, daycare facilities, nursing homes, hospitals, or religious assembly uses. Distances are measured from property line to property line, without regard to intervening structures. Buffering and Screening Standards A minimum 100 foot buffer yard is required where the major data hosting facility abuts residential zoning or residential use. A high impact screen per Section 14 503 is required, and planting quantities must be increased by 25 percent. All mechanical yards, substations, switchyards, battery storage areas, and other exterior equipment must be fully screened from view from public or private streets, trails, and parks. Parking Standards Page 202 of 516Off-street parking adjacent to a public or private right of way must be set back at least 50 feet and screened using buildings, landscaped berms at least three feet in height, plantings, or combinations thereof. Screening must comply with Section 14 503. Data hosting facilities must provide a minimum of 1.5 off-street parking spaces per employee based on the maximum number of employees per shift. Architectural Design Standards Building design standards are included to address the visual appearance of large-scale facilities. These standards require enhanced façade treatments, architectural materials, building articulation, and design elements intended to reduce the appearance of large uninterrupted building walls. Buildings must incorporate at least four-sided façade design elements for every 500 feet of street-facing façade and at least two such elements for every 500 feet of other façades. Lighting All exterior lighting must comply with the standards of Section 14 508 of the UDO. Noise and Generator Regulations The proposed regulations require compliance with existing City noise standards and establish operational limitations for backup generators, including restrictions on testing frequency, testing hours, recordkeeping, and noise attenuation measures. Generator testing is limited to 10 hours per month and may occur only between 9:00 AM and 5:00 PM Monday–Friday, excluding federal holidays. Generators must be enclosed with sound attenuating materials, and operators must maintain annual generator logs. Water Usage and Cooling Systems The amendment requires facilities to utilize closed-loop cooling systems or technologies with equivalent or lower water consumption and establishes a maximum average cooling-related water usage threshold. Community Benefit Agreements Facilities seeking public incentives would be required to enter into a Community Benefit Agreement (CBA) with the City. The agreement may address workforce development, local hiring, educational partnerships, infrastructure improvements, environmental sustainability measures, community investment, and other public benefits proportional to the requested incentives. Noncompliance may result in enforcement or the revocation of the incentive. Neighborhood Meeting Requirement A neighborhood meeting is required before any special use permit application is submitted. Notices are required to be mailed to all property owners within one mile at least 15 days prior to the meeting and posted onsite using standard city notice signs. Applicants must provide proof of notification, including mailings, affidavits, and photographs of posted signs. Decommissioning and Site Restoration A facility that ceases operations for 12 consecutive months is considered abandoned and must be decommissioned. A decommissioning plan must be submitted with the building permit and Page 203 of 516include removal of equipment, hazardous materials, structures, foundations, and fencing, along with site stabilization and restoration. The City may require financial assurance (i.e., bond, letter of credit, escrow, etc.) to guarantee completion. The amendment requires submission of a preliminary decommissioning plan with the special use permit application. The regulations are intended to ensure the site remains viable for future industrial or commercial redevelopment. Special Use Permit Application Requirements The special use permit application must include a noise impact assessment, water and energy usage plans, emissions analysis, environmental justice review, detailed site plan, stormwater studies, civil layout, building elevations, photometric plan, preliminary decommissioning plan, ownership disclosure, and waste heat mitigation documentation. Annual Reporting and Compliance Monitoring Operators would be required to submit annual compliance reports documenting adherence to applicable operational standards, including noise monitoring, cooling system operation, landscape maintenance, stormwater facility maintenance, and generator testing records. Violations and Enforcement Failure to comply may result in enforcement, including suspension or revocation of the special use permit. Modifications Any expansion or substantial modification of a data hosting facility must be reviewed under current regulations. Zoning Districts As discussed above, major data processing and hosting facilities require approval of a special use permit in the I-1 Districts. This is the only zoning district where the use may be considered. Staff does not recommend permitting this use in the I-2 Heavy Industrial District. The I-2 District is intended to accommodate the City's most intensive industrial operations, including heavy manufacturing, processing, mining, and the production or storage of materials that may involve significant off-site impacts. While major data processing and hosting facilities can occupy large buildings and require substantial utility infrastructure, they do not involve heavy industrial manufacturing or processing activities and generally have a different operational profile. The I-1 District, together with the proposed use-specific development standards and Special Use Permit review process, provides an appropriate regulatory framework for evaluating these facilities without expanding the use into areas intended for the City's most intensive industrial activities. Battery Energy Storage System (BESS) UDO Amendment BACKGROUND Battery Energy Storage Systems (BESS) are an emerging land use that support electrical grid reliability, renewable energy integration, peak demand management, and emergency power supply. While BESS facilities provide important infrastructure benefits, they also present unique land use, operational, and public safety considerations due to the storage of large quantities of Page 204 of 516electrical energy. The City's current UDO does not contain use-specific regulations governing utility-scale Battery Energy Storage Systems. As a result, staff have prepared a new Article 14-431 to establish development standards, safety requirements, operational regulations, and decommissioning procedures for these facilities. The proposed regulations were developed to provide a predictable review process for future projects while ensuring compatibility with surrounding land uses and protecting public health, safety, and welfare. PROPOSED AMENDMENT SUMMARY The proposed amendment creates Article 14-431, Battery Energy Storage Systems (BESS), and establishes regulations addressing the siting, design, operation, maintenance, and eventual removal of utility-scale battery storage facilities. Key provisions of the proposed amendment include: Applicability This section establishes which battery energy storage systems fall under the new Article. It specifies that all utility scale BESS facilities and battery storage buildings are subject to the requirements, while residential systems and small accessory systems under 600 kWh are exempt. It also clarifies that any BESS development that has submitted for building permit or has been previously approved or authorized through site plans, building permits, or development plans or other applicable development approval or authorization may continue under prior entitlements, ensuring that the new regulations do not retroactively affect already approved projects. Setback and Separation Requirements The Article establishes specific spatial requirements intended to minimize impacts on surrounding properties. All components of a BESS facility must maintain a minimum setback of 100 feet. Additionally, the facility must be located at least 100 feet from any property used or zoned for residential purposes or from sensitive public uses such as schools, parks, playgrounds, nursing homes, and hospitals. These distances are measured from property line to property line. The Independence Fire Department retains the authority to require additional setbacks in cases where the Hazard Mitigation Analysis identifies heightened risk. Buffering and Screening To reduce visual and aesthetic impacts, the Article requires significant buffering where BESS facilities abut residential properties. A 50-foot wide buffer yard must be installed along shared boundaries, and high impact screening must be used, supplemented with landscaping that exceeds standard requirements by 25 percent. Substations, mechanical yards, and similar exterior components must be fully screened from public streets, trails, and parks to ensure minimal off-site visibility. Fencing and Security Security provisions require that each BESS installation be enclosed by a minimum of seven-foot Page 205 of 516tall solid wall made of durable materials such as decorative concrete, masonry, or architecturally treated concrete panels. Walls may exceed typical height limits when needed for sound attenuation. Equipment must be fully screened unless a line of sight analysis confirms the wall height is sufficient. Gates must remain locked except during authorized access, and safety signage must clearly identify hazards, emergency contacts, and fire department access points. Landscaping Landscaping requirements are focused on the exterior of the facility, as no interior landscaping is required within the screening wall. Any applicable open space landscaping requirements are fulfilled by the plant material placed outside the wall and within the required buffer areas. Parking and Site Access Parking needs are tailored to the operational nature of BESS sites. Facilities that include regular staffing must provide parking at a rate of 1.5 spaces per employee based on the highest shift level, with a minimum of three spaces. Even unstaffed sites must provide at least three dedicated parking spaces. All parking areas and access drives must be paved with asphalt or concrete consistent with City standards. Fire access roads and parking areas must be paved and constructed in accordance with City standards. Fire Protection and Safety Standards All BESS installations must comply with major building, fire, and electrical codes, including the International Fire Code, International Building Code, National Electrical Code, NFPA 855, NFPA 68, NFPA 69, and relevant UL testing requirements. The Fire Department may impose additional safety conditions during the review. Operators must maintain all required permits throughout the life of the facility. Lighting Exterior lighting at BESS facilities must follow the standards set forth in Section 14 508 of the UDO, ensuring that lighting is properly shielded, directed, and controlled to minimize glare and off-site impacts. Noise Requirements Noise generated by the facility must always meet City noise ordinances. Backup generators must comply with strict operational rules, including testing only on weekdays between 9 a.m. and 5 p.m., limiting monthly testing to ten hours, and maintaining an enclosure that reduces noise. Operators must keep an annual generator testing log available for City review. Hazard Mitigation Analysis A Hazard Mitigation Analysis is required for each BESS proposal, prepared in accordance with the International Fire Code and NFPA 855. This analysis must be submitted for review by the Independence Fire Department at the same time as the Special Use Permit is considered. Emergency Response Plan Before the issuance of any building permit, the applicant must provide a detailed Emergency Response Plan meeting IFC and NFPA 855 standards. This plan must include system shutdown Page 206 of 516procedures, fire response measures, alarm protocols, inspection schedules, and training provisions for first responders. The Plan must be updated if facility operations materially change. Decommissioning and Financial Assurance The Article requires a comprehensive Decommissioning Plan prior to building permit issuance. The plan must describe the removal of equipment, recycling or disposal methods, site restoration procedures, and include a third party engineer’s cost estimate using current dollars. Financial assurance such as a surety bond or letter of credit must be in place to cover all decommissioning costs and must be verified annually. The Article also defines abandonment triggers, establishes a 180-day timeline to begin decommissioning following abandonment, and requires full site restoration verified by a licensed engineer. Application Process Applicants for BESS facilities shall submit a variety of technical documents, including a Noise Impact Assessment, detailed site plan, building elevations, photometric plan, operations and maintenance plan, hazard mitigation analysis, preliminary emergency response plan, preliminary decommissioning plan, and ownership disclosure with the special use permit application. These materials supplement all other technical study requirements under Section 14 700 06. Annual Compliance Certification Facility operators must submit an annual certification prepared by a qualified professional engineer confirming continued compliance with approved plans, operational requirements, fire protection systems, and emergency response procedures. Ownership/Operator Changes If ownership or operational control of a BESS facility changes, the successor must formally assume all obligations, including compliance with the Decommissioning Plan and financial assurance requirements. Written notice and updated documentation must be submitted to the City within 30 days; failure to do so voids the project’s approval and requires reapplication. Analysis Data Processing and Hosting facilities and Battery Energy Storage Systems (BESS) represent evolving forms of industrial and utility-supporting infrastructure that present unique land use, operational, and public safety considerations not addressed by the existing UDO. Data Processing and Hosting facilities vary significantly in scale and intensity, ranging from accessory facilities that support a principal use, to small standalone facilities, to major data centers with substantial utility demands, backup power systems, and mechanical equipment. Similarly, Battery Energy Storage Systems require specialized standards addressing fire protection, emergency response, operational safety, and decommissioning. The proposed amendment establishes a tiered regulatory framework for Data Processing and Hosting facilities by creating separate standards for Accessory, Small, and Major facilities based on their operational characteristics and potential impacts. This approach allows regulations to be appropriately scaled to the size and intensity of each use while ensuring that larger facilities Page 207 of 516are subject to additional review and operational standards. The amendment also establishes comprehensive regulations for Battery Energy Storage Systems that address site design, emergency preparedness, operational performance and long-term facility management. Collectively, these amendments provide predictable, use-specific development standards that offer greater certainty to property owners, developers, neighboring residents, and City staff during the development review process. Rather than prohibiting these emerging uses, the proposed regulations establish objective performance standards intended to ensure facilities are designed, constructed, operated, and ultimately decommissioned in a manner that protects public health, safety, and welfare while minimizing impacts on surrounding properties. Emergency Justification: Fiscal Impact: Council Action: Department / Community Development / Contact REVIEWERS Tom Scannell Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. PDF Word Ordinance 26-175-03 Amend #80 Data Center & BESS 2. Word Ordinance 26-175-03 Amend #80 Data Center & BESS 3. Staff Report Data Center & BESS UDO Amendment #80 4. 14_429 - Small Data Processing & Hosting 5. 14_430 - Major Data Processing & Hosting 6. 14-431 - Battery Energy Storage Systems 7. 14-200-05 Commercial Use Group Category 8. 14-200-06 Industrial Use Group Category 9. 14-301-03 Office and Commercial Use Table 10. 14-302-03 - Industrial Use Table 11. 14-400-13 Accessory Data Processing & Hosting 12. Planning Commission Meeting Minutes 07.14.26 Page 208 of 516 Page 209 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH BILL NO. ____________ ORDINANCE NO. ___________ AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE, CHAPTER 14, OF THE INDEPENDENCE CITY CODE PERTAINING TO DATA PROCESSING AND HOSTING AND BATTERY ENERGY STORAGE SYSTEMS USES. WHEREAS, the Unified Development Ordinance was approved by the City Council on June 15, 2009, by Ordinance No. 17339 and became effective on July 1, 2009; and, WHEREAS, after its adoption, policy issues to be addressed were discovered, and it was decided to revise these items; and, WHEREAS, after due public notice in the manner prescribed by law, the Planning Commission held a public hearing for consideration of the request on July 14 2026, and rendered a report to the City Council not recommending approval of the proposed text amendment to the UDO, by a vote of 1-6; and, WHEREAS, City Council has authority under RSMo. Ch. 89.020 to enact and amend zoning ordinances to promote health, safety, morals, and the general welfare of the community; and, WHEREAS, after due public notice in the manner prescribed by law, the City Council held a public hearing and rendered a decision to approve the changes to the Unified Development Ordinance; and, WHEREAS, in accordance with the Unified Development Ordinance, it was determined that the request is consistent with the review criteria in Section 14-701-01-F. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That Section 14-429 of Chapter 14 of the City Code is hereby added to read as follows: 14-429 SMALL DATA PROCESSING AND HOSTING 14-429-01 Applicability The purpose of this section is to establish land use and design regulations for small data processing and hosting facilities to ensure compatibility with surrounding uses, protect nearby residential areas, and promote high-quality site and building design. Page 210 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH Exception. The provisions of this section shall not apply to any small data processing and hosting development that has submitted a building permit, received final site plan approval, a preliminary development plan, a master development plan, or other applicable development approval prior to the effective date of this section. This exception shall include any approved phased development, including subsequent phases, buildings, structures, improvements, final site plans, and building permits that are contemplated by and consistent with the approved development plan. Such developments may proceed in accordance with the terms, conditions, and approved development entitlements in effect at the time of the original approval. 14-429-02 Setback. 14-429-02-A. Existing Buildings. When a small data processing and hosting facility is located within an existing, legally established building, the building’s existing setbacks shall be deemed to satisfy all required setbacks for the small data processing and hosting facility use. No additional building setback requirements shall apply. 14-429-02-B. New Construction or Additions. When a small data processing and hosting facility involves new construction or a building addition, the new construction or addition shall comply with the setback requirements of the underlying zoning district. 14-429-02-C. Equipment and Appurtenances. Exterior mechanical or electrical equipment, including generators, cooling units, and transformers, shall comply with the same setback requirements applicable to the principal structure, except as provided below. 1. Screening Option. A reduction in the required setbacks may be permitted if the applicant provides enhanced screening or buffering that achieves an equivalent level of visual and noise mitigation. 14-429-03 Buffer and Screening. 14-429-03-A. Existing Buildings. When a small data processing and hosting facility is established within an existing, legally conforming building: 1. The facility shall comply with the buffering and screening requirements applicable to the site at the time of establishment. 2. Additional buffer yard depth shall not be required unless new exterior mechanical or electrical equipment is installed. 14-429-03-B. New Construction or Addition. Newly constructed data processing and hosting facilities and additions to an existing building shall comply with the applicable buffering and screening requirements of Section 14-503, if required. 14-429-03-C. Mechanical and Service Area Screening (Applicable to Both Existing and New Facilities). All exterior equipment areas, loading/service areas, and backup power systems shall comply with the screening requirements of Section 14-503. 14-429-04 Parking. 14-429-04-A. Minimum Off-Street Parking Requirement. A small data processing and hosting facility shall provide a minimum of 1.5 off-street parking spaces per employee based on the maximum number of employees present on a single shift. Page 211 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-429-04-B. Parking Setback and Screening – New Building or Addition. Off-street parking areas located adjacent to a public or private street right-of-way shall be set back in accordance with Section 14-503-05. Such parking areas shall be screened from view from the right-of-way by one or a combination of the following: (1) buildings; (2) a berm with a minimum height of three (3) feet in combination with plant materials; or (3) a combination of buildings, berms, and plant materials. All required screening shall be installed and maintained in accordance with Section 14-503. 14-429-04-C. Parking Setback and Screening – Existing Building. When a small data processing and hosting facility is located within an existing, legally established building and no changes are proposed to the existing parking lot configuration, the existing parking setbacks shall be deemed to satisfy all required parking setbacks for the use. No additional parking setback requirements shall apply except as provided below. 1. When a small data processing and hosting facility involves the construction of new parking areas or the reconstruction of existing parking areas, all new or modified parking areas shall comply with the parking setback requirements Section 14-503- 05. 14-429-05 Architectural and design requirements. All small data processing and hosting buildings including all primary facilities, support structures and ancillary buildings shall comply with Section 14-506. 14-429-06 Lighting All exterior lighting associated with a small data processing and hosting use shall be designed, installed, and maintained in full compliance with the standards set forth in Section 14-508 of this Code. 14-429-07 Noise and maintenance requirements. 14-429-07-A. All noise generated by a small data processing and hosting facility and any associated or ancillary uses, equipment, or operations shall comply at all times with the applicable noise standards set forth in Chapter 7 of the City Code. 14-429-07-B. All on-site generators shall comply with the following requirements: 1. Testing Duration. Routine testing and maintenance operation of generators shall not exceed a total of ten (10) hours per calendar month, per generator. 2. Testing Hours. Routine testing and maintenance shall occur only between the hours of 9:00 a.m. and 5:00 p.m., local time, Monday through Friday, excluding federal holidays. 3. Noise Attenuation. Generators shall be enclosed within a sound-attenuating enclosure or wall designed to minimize noise impacts and ensure compliance with Chapter 7 of the City Code. 4. Recordkeeping. The property owner or operator shall maintain a generator testing log documenting dates, times, and duration of all testing and maintenance activities. Such log shall be submitted annually to the Director as part of the required compliance report and made available upon request. 5. Operational Limitations. Except for routine testing, maintenance, or initial commissioning, generators shall be operated solely for backup or emergency purposes. Page 212 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-429-08 Cooling System All small data processing and hosting facilities shall utilize closed-loop cooling systems or other cooling technologies that achieve equivalent or lower water consumption. Cooling-related water demand shall not exceed the maximum capacity the City determines is available to serve the facility. Sec. 14-429-09 Decommissioning and Site Restoration 14-429-09-A. Decommissioning Required. A small data processing and hosting facility that ceases operations for a continuous period of twelve (12) months shall be considered abandoned and shall be decommissioned in accordance with this Section, unless an extension is approved by the City upon demonstration of a good-faith effort to resume operations. 14-429-09-B. Decommissioning Plan. Prior to the issuance of a building permit, the property owner shall submit a Decommissioning Plan prepared by a qualified professional. The plan shall describe the method and timeline for removing the facility and restoring the site for future industrial or commercial use. 14-429-09-C. Completion of Decommissioning. All decommissioning activities shall be completed within twelve (12) months following abandonment of the facility, unless an extension is approved by the City. 14-429-09-D. Site Condition Upon Completion. Upon completion of decommissioning, the site shall be left in a clean, safe, and stable condition suitable for future industrial or commercial occupancy and redevelopment. The Decommissioning Plan shall identify the improvements proposed to remain on the site, including the principal building, parking areas, utility infrastructure, stormwater facilities, and access drives, and shall describe the actions necessary to ensure such improvements remain functional and marketable for future users. The intent of this Section is to facilitate the adaptive reuse of the building and site by requiring the removal of data center-specific equipment and infrastructure while preserving the improvements necessary to support future industrial or commercial operations. 14-429-10 Ongoing Compliance and Reporting. 14-429-10-A. The operator shall submit an annual compliance report to the City in a form and manner acceptable to the City, which shall, at a minimum, include the following: 1. Noise monitoring data demonstrating compliance with applicable City Code requirements; 2. Documentation verifying continued operation of required cooling systems; 3. Records demonstrating ongoing landscape installation and maintenance in accordance with approved plans and applicable standards; 4. Maintenance and operations plan for all on-site required stormwater facilities. 5. Generator testing logs, including dates, duration, and confirmation of compliance with applicable operational limitations. 14-429-10-B. The City shall have the right to conduct inspections of the site at reasonable times and upon reasonable notice, or without notice in the event of an emergency or Page 213 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH suspected violation, as necessary to verify compliance with this Section and all applicable provisions of the City Code. 14-429-11 Violations and Enforcement. Failure to comply with the requirements of this Section or any conditions of approval shall constitute a violation of this Chapter and may subject the permit holder to enforcement action, including, but not limited to, suspension or revocation of the Special Use Permit, as provided by applicable law. 14-429-12 Modifications. Any expansion or substantial modification of a data processing and hosting facility, including but not limited to alterations to mechanical systems, power infrastructure, or site configuration, shall be subject to review and approval in accordance with the requirements of this Chapter. SECTION 2. That Section 14-430 of Chapter 14 of the City Code is hereby added to read as follows: 14-430 MAJOR DATA PROCESSING AND HOSTING 14-430-01 Applicability The purpose of this section is to establish land use and design regulations for major data processing and hosting facilities to ensure compatibility with surrounding uses, protect nearby residential areas, and promote high-quality site and building design. Exception. The provisions of this section shall not apply to any major data processing and hosting development that has submitted a building permit, received final site plan approval, a preliminary development plan, a master development plan, or other applicable development approval prior to the effective date of this section. This exception shall include any approved phased development, including subsequent phases, buildings, structures, improvements, final site plans, and building permits that are contemplated by and consistent with the approved development plan. Such developments may proceed in accordance with the terms, conditions, and approved development entitlements in effect at the time of the original approval. 14-430-02 Setback and Separation 14-430-02-A. Any structures, equipment/appurtenance, including but not limited to auxiliary systems, inverters, transformers, and substation, shall maintain a minimum setback of one hundred (100) feet. 14-430-02-B. The distances above shall be measured from the closest edge of the structure, storage building, equipment or appurtenance. 14-430-02-C. No major data processing and hosting facility shall be located within 500 feet of land used for residential use or for public activity purposes such as schools, parks/recreation, playgrounds, daycare, nursing home, hospitals, and religious assembly, whether said use is located within the City or outside of the City. The distance between the major data processing and hosting facility and these uses will be Page 214 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH measured in a straight line, without regard to intervening structures or properties, from the closest property line to closest property line. 14-430-03 Buffer and Screening 14-430-03-A. A major data processing and hosting facility shall provide a minimum buffer yard of one hundred (100) feet in width along any property line that abuts a lot zoned for residential use or occupied by a residential use. A high-impact screen, as defined and required by Section 14-503, shall be installed and maintained along all such property lines. In addition to the requirements of Section 14-503, the quantity of required plant materials within the buffer yard shall be increased by twenty-five (25) percent. 14-430-03-B. All substations, electrical yards, switch yards, mechanical yards, battery energy storage systems, and any other exterior equipment or appurtenances shall be fully screened from view from any adjacent public street, private street, trail, or park. Screening shall be provided in a manner consistent with Section 14-503 and maintained in good condition so as to remain effective at all times. 14-430-04 Parking. 14-430-04-A. Parking Setback and Screening. Off-street parking areas located adjacent to a public or private street right-of-way shall be set back a minimum of fifty (50) feet from the edge of the right-of-way. Such parking areas shall be screened from view from the right-of-way by one or a combination of the following: (1) buildings; (2) a berm with a minimum height of three (3) feet in combination with plant materials; or (3) a combination of buildings, berms, and plant materials. All required screening shall be installed and maintained in accordance with Section 14-503. 14-430-04-B. Minimum Off-Street Parking Requirement. All major data processing and hosting facilities shall provide a minimum of 1.5 off-street parking spaces per employee based on the maximum number of employees present on a single shift. 14-430-05 Architectural and design requirements 14-430-05-A. All major data processing and hosting buildings including all primary facilities, support structures and ancillary buildings shall be constructed of similar building materials from the same color and materials palette. 14-430-05-B. All buildings identified in paragraph A above shall comply with the following: 1. Architectural Materials. A minimum of 40% of front and street-side facades and a minimum of 20% of side and rear facades shall be comprised of at least two of the following elements. Percentages are calculated as the total building façade area and can be comprised of any combination of the following architectural materials. a. Exterior colors, finishes and materials other than the primary color or smooth cast-concrete. Acceptable materials may include metal composite panels, stone, wood, brick, glass block, tile, cast metal, cast, split-face CMU, cultured stone, textured or patterned concrete panels, other forms of masonry panel* or similar as determined by the Community Development Director. Page 215 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH b. Windows or glazing (windows may be transparent, opaque or spandrel glass). c. Architectural grilles and/or decorative screens. 2. Building Design Elements. Front and streetside facades shall include at least four of the following elements for every 500 linear feet of building facade. Side and rear facades shall include at least two of the following elements for every 500 linear feet of building facade. a. Louvered or vertical sunshades b. Awnings or canopies c. Pilasters or columns distributed evenly across the facade d. Water table consisting of masonry that extends at least 3 feet above the e. Ground f. Articulated columns g. Embedded linear glow or accent lighting h. Building projections of greater than 5 feet in depth, evenly distributed across the facade i. Change in roofline height or angle such as a butterfly roof, curved roofline, parapet, or shed roof j. Modulated building heights 5 feet or greater k. Accentuated building entrance including multistory windows, and entrance canopies or trellises, and clerestory windows l. Horizontal roofline banding 14-430-06 Lighting All exterior lighting associated with a major data processing and hosting use shall be designed, installed, and maintained in full compliance with the standards set forth in Section 14-508 of this Code. 14-430-07 Noise and maintenance requirements 14-430-07-A. All noise generated by a major data processing and hosting facility and any associated or ancillary uses, equipment, or operations shall comply at all times with the applicable noise standards set forth in Chapter 7 of the City Code. 14-430-07-B. All on-site generators shall comply with the following requirements: 1. Testing Duration. Routine testing and maintenance operation of generators shall not exceed a total of ten (10) hours per calendar month, per generator. 2. Testing Hours. Routine testing and maintenance shall occur only between the hours of 9:00 a.m. and 5:00 p.m., local time, Monday through Friday, excluding federal holidays. 3. Noise Attenuation. Generators shall be enclosed within a sound-attenuating enclosure or wall designed to minimize noise impacts and ensure compliance with Chapter 7 of the City Code. 4. Recordkeeping. The property owner or operator shall maintain a generator testing log documenting dates, times, and duration of all testing and maintenance activities. Page 216 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH Such log shall be submitted annually to the Director as part of the required compliance report and made available upon request. 5. Operational Limitations. Except for routine testing, maintenance, or initial commissioning, generators shall be operated solely for backup or emergency purposes. 14-430-08 Cooling System All major data processing and hosting facilities shall utilize closed-loop cooling systems or other cooling technologies that achieve equivalent or lower water consumption. Cooling- related water demand shall not exceed the maximum capacity the City determines is available to serve the facility. 14-430-09 Community Benefit Agreement Requirement for Incentives 14-430-09-A. Applicability. Any major data processing and hosting facility that receives, applies for, or seeks approval of any local, state, or federal economic development incentive, including but not limited to tax abatement, tax increment financing, community improvement district assistance, transportation development district assistance, Chapter 100 financing, state tax credits, utility incentives, infrastructure assistance, or other public financial assistance, shall be required to enter into a Community Benefit Agreement (CBA) with the City as a condition of approval of such incentive. 14-430-09-B. Purpose. The purpose of the Community Benefit Agreement is to ensure that projects receiving public financial assistance provide measurable benefits to the community that are proportional to the public investment. 14-430-09-C. Community Benefit Agreement Requirements. The Community Benefit Agreement shall be approved by the City Council and may include, but is not limited to, commitments related to: 1. Workforce development, apprenticeship programs, and skilled trade training opportunities; 2. Local hiring goals and recruitment efforts for City residents; 3. Partnerships with local educational institutions, including internships, scholarships, curriculum support, or workforce training programs; 4. Contributions toward public infrastructure improvements; 5. Environmental sustainability measures exceeding the minimum requirements of this Article; 6. Community grants, charitable contributions, or support for public facilities and programs; 7. Digital inclusion initiatives, technology education programs, or other programs that enhance community access to technology; and 8. Any other public benefits determined by the City Council to advance the health, safety, welfare, and economic prosperity of the community. Page 217 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-430-09-D. Failure to Comply. Failure to comply with the terms of an approved Community Benefit Agreement may constitute a violation of this Article and may result in enforcement actions authorized by this Code, in addition to any remedies provided in the incentive agreement or Community Benefit Agreement. 14-430-10 Neighborhood Meeting 14-430-10-A. Neighborhood Meeting Requirement A neighborhood meeting is required for all proposed major data processing and hosting facilities prior to the submission of any discretionary development application, including but not limited to special use permits, rezoning requests, or site plan approvals. 14-430-10-B. Notification Radius The applicant shall provide written notification of the neighborhood meeting to all property owners of record located within 1 mile of the boundaries of the subject property. 14-430-10-C. Notification Method and Timing • The notices shall be mailed no fewer than 15 days prior to the date of the neighborhood meeting. • The notice shall include the date, time, location, and purpose of the meeting; a brief description of the proposed data center; and contact information for the applicant or project representative. 14-430-10-D. Posting of Signs • The applicant shall post one or more public notice signs on the subject property. • Signs must be of the standard size and format required by the City for development- related public notices. • Signs must be clearly visible from adjacent public streets and posted at least 15 days prior to the neighborhood meeting. • The signs shall state the date, time, location, and purpose of the neighborhood meeting. 14-430-10-E. Proof of Notification Prior to application acceptance, the applicant shall provide: • A list of all property owners notified; • A copy of the mailed notice; • An affidavit of mailing; and • Photographic evidence showing the posted signs. Sec. 14-430-11 Decommissioning and Site Restoration 14-430-11-A. Decommissioning Required. A major data processing and hosting facility that ceases operations for a continuous period of twelve (12) months shall be considered abandoned and shall be decommissioned in accordance with this Section, unless an extension is approved by the City upon demonstration of a good-faith effort to resume operations. Page 218 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-430-11-B. Decommissioning Plan. Prior to the issuance of a building permit, the property owner shall submit a preliminary Decommissioning Plan prepared by a qualified professional. The plan shall describe the method and timeline for removing the facility and restoring the site for future industrial or commercial use. 14-430-11-C. Minimum Plan Requirements. The Decommissioning Plan shall include, at a minimum: 1. Removal of all data center equipment, including servers, racks, batteries, generators, transformers, cooling equipment, fuel storage systems, telecommunications equipment, and associated mechanical and electrical systems; 2. Removal of all hazardous materials and disposal in accordance with applicable federal, state, and local regulations; 3. Removal of above-ground structures and foundations to a minimum depth of three (3) feet below finished grade, unless the City determines that specific improvements may remain to support future industrial development; 4. Removal of security fencing, screening, signage, and other accessory structures not intended for reuse; 5. Stabilization and grading of disturbed areas to prevent erosion and drainage impacts; 6. Restoration of the site to a condition suitable for future industrial or commercial redevelopment, including preservation or restoration of access drives, utility connections, stormwater facilities, and other infrastructure that may support future development; and 7. An estimated cost of decommissioning prepared by a qualified professional. 14-430-11-D. Financial Assurance. The City may require the owner to provide financial assurance in a form acceptable to the City, including but not limited to a bond, irrevocable letter of credit, escrow account, or other security, to guarantee completion of decommissioning activities. 14-430-11-E. Completion of Decommissioning. All decommissioning activities shall be completed within twelve (12) months following abandonment of the facility, unless an extension is approved by the City. 14-430-11-F. Site Condition Upon Completion. Upon completion of decommissioning, the site shall be left in a clean, safe, and stable condition suitable for future industrial or commercial occupancy and redevelopment. The Decommissioning Plan shall identify the improvements proposed to remain on the site, including the principal building, parking areas, utility infrastructure, stormwater facilities, and access drives, and shall describe the actions necessary to ensure such improvements remain functional and marketable for future users. The intent of this Section is to facilitate the adaptive reuse of the building and site by requiring the removal of data center-specific equipment and infrastructure while preserving the improvements necessary to support future industrial or commercial operations. Page 219 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-430-12 Application Process 14-430-12-A. Additional Submittal Requirements for Special Use Permit. The applicant shall submit the materials required by Sec. 14-703 and, in addition, the following: 1. Noise Impact Assessment and Mitigation Plan. A report prepared by a qualified acoustical engineer that evaluates all existing and proposed noise sources associated with the major data processing and hosting facility and demonstrates compliance with all applicable provisions of the City Code. 2. Water Usage and Mitigation Plan. A report prepared by a qualified engineer that evaluates the proposed water usage associated with the major data processing and hosting facility and demonstrates compliance will applicable provisions of the City Code. 3. Energy Usage and Mitigation Plan. A report prepared by a qualified engineer that evaluates the proposed energy usage associated with the major data processing and hosting facility and mitigates any potential impacts to current rate payers. 4. On Site Emissions. A report prepared by a qualified engineer that evaluates all proposed on site emissions associated with the major data processing and hosting facility and demonstrates compliance with all applicable provisions of state, federal and City Code. 5. Displacement and Environmental Justice Impact. A study evaluating whether the proposed major data processing and hosting facility would disproportionately affect nearby residents, businesses, or historically disadvantaged communities through increased environmental burdens, redevelopment pressure, or displacement. 6. Detailed Site Plan. A site plan prepared by a qualified design professional that clearly depicts the location and layout of all buildings, structures, mechanical equipment, substations, screening elements, fencing, access points, and required buffer areas, and demonstrates compliance with this Section. 7. Preliminary Storm Water Studies. A preliminary storm water study prepared by a qualified engineer that addresses existing condition assessment, hydrologic and hydraulic analysis and proposed stormwater management approach. 8. Civil Site Layout. A civil site layout by a qualified design professional that clearly depicts the location of water service lines, sanitary sewer service lines, storm sewer and flood control facilities, impacts to the road network, and all necessary municipal utility extensions. The facility shall follow all codes and permit requirements of the City of Independences Code of Ordinances and the Design and Construction Manual. 9. Building Elevations. Elevation drawings prepared by a licensed architect that depict all exterior building facades and demonstrate compliance with the architectural standards set forth in this Section. 10. Photometric Plan. A photometric plan prepared by a qualified professional that illustrates all proposed exterior lighting levels and fixtures and demonstrates compliance with the lighting standards of Section 14-508. Page 220 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 11. Preliminary Decommissioning Plan. A preliminary Decommissioning Plan prepared by a qualified professional that addresses the requirements of this Article. 12. Ownership Disclosure. The application shall disclose the identity of parties in interest to the public that shall include the name of all companies involved in major data processing and hosting project, including developer, shell companies, data processing and hosting operators, and financers. 13. Waste Heat/Ventilation. All external ventilation on structures associated with the major data processing and hosting facility should be designed in a manner that does not result in waste heat, or heat generated as a byproduct of major data processing and hosting operations, adversely impacting adjacent properties. Exhausts, chimneys, and other sources of waste heat should be designed in a manner that directs waste heat away from adjacent properties. 14-430-12-B. Notwithstanding the requirements set forth in subsection (A) above, all applicable technical studies required under Section 14-700-06 shall also be submitted and shall govern to the extent applicable. 14-430-13 Ongoing Compliance and Reporting 14-430-13-A. The operator shall submit an annual compliance report to the City in a form and manner acceptable to the City, which shall, at a minimum, include the following: 1. Noise monitoring data demonstrating compliance with applicable City Code requirements; 2. Documentation verifying continued operation of required cooling systems; 3. Records demonstrating ongoing landscape installation and maintenance in accordance with approved plans and applicable standards; 4. Maintenance and operations plan for all on-site required stormwater facilities. 5. Generator testing logs, including dates, duration, and confirmation of compliance with applicable operational limitations. 14-430-13-B. The City shall have the right to conduct inspections of the site at reasonable times and upon reasonable notice, or without notice in the event of an emergency or suspected violation, as necessary to verify compliance with this Section and all applicable provisions of the City Code. 14-430-14 Violations and Enforcement Failure to comply with the requirements of this Section or any conditions of approval shall constitute a violation of this Chapter and may subject the permit holder to enforcement action, including, but not limited to, suspension or revocation of the Special Use Permit, as provided by applicable law. 14-430-15 Modifications Any expansion or substantial modification of a major data processing and hosting facility, including but not limited to alterations to mechanical systems, power infrastructure, or site Page 221 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH configuration, shall be subject to review and approval in accordance with the requirements of this Chapter. SECTION 3. That Section 14-431 of Chapter 14 of the City Code is hereby added to read as follows: 14-431 BATTERY ENERGY STORAGE SYSTEMS (BESS) 14-431-01 Applicability The purpose of this section is to establish land use and design regulations for battery energy storage systems (BESS) to ensure compatibility with surrounding uses, protect nearby residential areas, and promote high-quality site and building design. 14-431-01-A. This Article shall apply to all utility-scale battery energy storage systems and Battery Storage Buildings, except as excluded below. 14-431-01-B. Residential battery systems serving a single-family, duplex, townhouse, or multifamily dwelling and installed in accordance with adopted building and fire codes shall be exempt from the requirements of this Article. 14-431-01-C. Accessory battery energy storage systems serving commercial or industrial uses with a total capacity of less than 600 kWh shall comply with applicable building and fire codes and shall be exempt from the requirements of this Article. 14-431-01-D. The provisions of this section shall not apply to any battery energy storage system development that has submitted a building permit or received final site plan approval, a preliminary development plan, a master development plan, or other applicable development approval or authorization prior to the effective date of this section. This exception shall include any approved phased development, including subsequent phases, buildings, structures, improvements, final site plans, and building permits that are contemplated by and consistent with the approved development plan. Such developments may proceed in accordance with the terms, conditions, and approved development entitlements in effect at the time of the original approval. 14-431-02 Setback and Separation 14-431-02-A. Any structure, equipment/appurtenance, including but not limited to auxiliary systems, inverters, transformers, and substation, shall maintain a minimum setback of one hundred (100) feet. 14-431-02-B. The distances above shall be measured from the closest edge of the battery enclosure, container, storage building, equipment or appurtenance. 14-431-02-C. No BESS facility shall be located within 100 feet of land used for residential use or for public activity purposes such as schools, parks/recreation, playgrounds, daycare, nursing home, hospitals, and religious assembly, whether said use is located within the City or outside of the City. The distance between the BESS facility and these uses will be measured in a straight line, without regard to intervening structures or properties, from the closest property line to closest property line. Page 222 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-431-02-D. The Independence Fire Department may require additional setbacks based upon site-specific hazards identified through the Hazard Mitigation Analysis. 14-431-03 Buffer and Screening 14-431-03-A. Any property containing a BESS facility shall provide a buffer yard with a minimum width of fifty (50) feet along any property line that abuts a lot zoned or used for residential use. A high-impact screen, as defined and required in Section 14-503, shall be installed and maintained along all such property lines. The quantity of plant materials required within the buffer yard shall be increased by twenty-five percent (25%) above the minimum standards established in Section 14-503. 14-431-03-B. All substations, electrical yards, mechanical yards, and any other exterior equipment or appurtenances shall be fully screened from view from any adjacent public street, private street, trail, or park. Screening shall be provided in a manner consistent with Section 14-503 and maintained in good condition so as to remain effective at all times. 14-431-04 Fencing and Security 14-431-04-A. A BESS facility shall be fully enclosed by a minimum seven (7) foot high, non- scalable, solid wall. The required wall shall be located outside of all applicable zoning district setback areas. Walls shall be constructed of either decorative concrete masonry units with a split-face or other textured finish, or concrete tilt-up panels incorporating architectural treatments such as reveals, patterns, and/or trim lines to provide visual articulation. All fencing and/or enclosure components shall comply with applicable provisions of NFPA 70. 14-431-04-B. When required for sound attenuation, a wall that is an integral component of a large-scale battery energy storage system may exceed the maximum fence or wall height otherwise permitted. However, under no circumstances shall such a fence or wall exceed the maximum height allowed in the zoning district. 14-431-04-C. No equipment or appurtenances—including but not limited to auxiliary systems, inverters, transformers, and substations—shall exceed the height of the screening wall unless a line-of-sight analysis demonstrates that the wall height is sufficient to fully screen such equipment and appurtenances. 14-431-04-D. All gates shall be secured except during maintenance or emergency access. 14-431-04-E. Facilities shall include warning signage identifying: 1. Emergency contact information; 2. Hazardous voltage warnings; 3. Fire department access points; and 4. Emergency shutdown procedures. 14-431-05. Landscaping 14-431-05-A. No landscaping is required on the interior side of the screen wall regardless of the percentage of landscape open space required. Page 223 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-431-05-B. The minimum required open space, as required by this development ordinance, shall be limited to the perimeter landscaping surrounding the perimeter screening wall or fence. 14-431-06 Parking 14-431-06-A. For BESS facilities that are regularly occupied by employees or contractors, off-street parking shall be provided at a rate of one and one-half (1.5) parking spaces for each employee based on the maximum number of employees present during any single shift. In no case shall fewer than three (3) off-street parking spaces be provided. 14-431-06-B. For unoccupied sites, a minimum of three (3) parking spaces shall be provided. 14-431-06-C. All parking areas, fire access roads, and drive aisles shall be surfaced with asphalt or concrete and constructed in accordance with the standards of Section 14- 501 and Chapter 20 of the City Code. 14-431-07 General Development Standards 14-431-07-A. All Battery Energy Storage Systems shall comply with applicable editions of: 1. International Fire Code (IFC); 2. International Building Code (IBC); 3. National Electrical Code (NEC); 4. NFPA 855 Standard for the Installation of Stationary Energy Storage Systems; 5. NFPA 68 – Standard on Explosion Protection by Deflagration Venting 6. NFPA 69 – Standard on Explosion Prevention Systems 7. Component certifications (UL 1973 for batteries, UL 1741 for inverters) 8. UL 9540 and UL 9540A testing requirements; and 9. Any additional requirements imposed by the Independence Fire Department. 14-431-07-B. The BESS operator shall maintain all required permits and inspections throughout the life of the facility. 14-431-08 Lighting All exterior lighting associated with a BESS facility shall be designed, installed, and maintained in full compliance with the standards set forth in Section 14-508 of this Code. 14-431-09 Noise and maintenance requirements 14-431-09-A. All noise generated by a BESS and any associated or ancillary uses, equipment, or operations shall comply at all times with the applicable noise standards set forth in Chapter 7 of the City Code. 14-431-09-B. All on-site generators shall comply with the following requirements: 1. Testing Duration. Routine testing and maintenance operation of generators shall not exceed a total of ten (10) hours per calendar month, per generator. Page 224 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 2. Testing Hours. Routine testing and maintenance shall occur only between the hours of 9:00 a.m. and 5:00 p.m., local time, Monday through Friday, excluding federal holidays. 3. Noise Attenuation. Generators shall be enclosed within a sound-attenuating enclosure or wall designed to minimize noise impacts and ensure compliance with Chapter 7 of the City Code. 4. Recordkeeping. The property owner or operator shall maintain a generator testing log documenting dates, times, and duration of all testing and maintenance activities. Such log shall be submitted annually to the Director as part of the required compliance report and made available upon request. 5. Operational Limitations. Except for routine testing, maintenance, or initial commissioning, generators shall be operated solely for backup or emergency purposes. 14-431-10 Hazard Mitigation Analysis 14-431-10-A. A Hazard Mitigation Analysis shall be prepared in accordance with the adopted IFC and NFPA 855 and submitted to the Independence Fire Department. 14-431-11 Emergency Response Plan 14-431-11-A. An Emergency Response Plan (ERP) shall be prepared in accordance with the adopted International Fire Code (IFC) and NFPA 855. Prior to issuance of any building permit, the final ERP shall be submitted to and approved by the Independence Fire Department. 14-431-11-B. The operator of a BESS facility shall update the Emergency Response Plan upon any material modification to the facility or its operations. 14-431-12 Decommissioning Plan and Financial Assurance 14-431-12-A. Prior to the issuance of any building permit, the applicant shall submit a Decommissioning Plan. The plan shall identify the anticipated removal of equipment and restoration of the site upon abandonment, discontinuation of operation, or the end of the facility's useful life. 14-431-12-B. Minimum Requirements. The decommissioning plan shall include: 1. Identification of the property owner, facility owner, and facility operator. 2. A description of the facility, the Battery Energy Storage System and its principal components, total storage capacity, number and type of battery containers and expected operational life of the facility. 3. A narrative describing the proposed decommissioning process, removal procedures and recycling and disposal. Page 225 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 4. Identification of all structures, equipment, foundations, utilities, fencing, and appurtenances proposed to be removed. 5. A description of site restoration activities, including grading, stabilization, revegetation, and repair of disturbed areas. 6. A description of how materials will be reused, recycled, or disposed of in accordance with applicable laws and regulations. 7. The plan shall include a detailed third-party estimate of the total cost to decommission the facility and restore the site. The estimate shall assume the City contracts for removal by a third-party contractor, include mobilization, transportation, disposal, recycling, environmental remediation, site restoration, permitting, engineering, and administrative costs, and Be expressed in current dollars. 14-431-12-C. The decommissioning plan shall be reviewed every five (5) years for the purpose of updating the costs for decommissioning and, if applicable, updating the financial assurance identified below. 14-431-12-D. Financial Assurance. 1. Prior to the issuance of any building permit, the applicant shall submit financial assurance in the form of a surety bond, irrevocable letter of credit, or an equivalent financial assurance mechanism to guarantee that funds are available to cover all costs associated with activities identified in the Decommissioning Plan. 2. Annual Verification of Financial Assurance. The owner shall submit proof annually that all required financial assurance remains valid and in force. Failure to provide such documentation shall constitute a zoning violation and may result in suspension or revocation of permits. 3. The financial assurance shall remain in effect until the City determines that decommissioning has been satisfactorily completed. 14-431-12-E. Abandonment. A Battery Energy Storage System shall be deemed abandoned upon the occurrence of any of the following: 1. Failure to maintain electrical interconnection for twelve (12) consecutive months. 2. Failure to store, transmit, or discharge electricity for twelve (12) consecutive months. 3. Written notice by the owner indicating intent to cease operations. 4. Revocation of required permits without corrective action. 5. Bankruptcy or dissolution of the facility owner without an approved successor operator. The City may require documentation demonstrating continued operation of the facility. 14-431-12-F. Decommissioning Trigger Page 226 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 1. Decommissioning activities shall commence within one hundred eighty (180) days following abandonment. 2. All decommissioning activities shall be completed within twelve (12) months unless extended by the City for good cause. 3. The City may approve phased decommissioning when portions of a facility remain operational. 14-431-12-G. Site Restoration. Following removal of the facility, the site shall be restored to a safe and stable condition, including the removal of debris, stabilization of disturbed areas, restoration of drainage patterns and establishment of vegetative cover where appropriate. 14-431-12-H. Certification of Completion. Upon completion of decommissioning activities, the owner shall submit: 1. A certification from a qualified third-party contractor that all required decommissioning activities have been completed. 2. Documentation demonstrating proper recycling or disposal of battery materials. 3. Documentation of site restoration. 4. Any environmental reports required by the City. The City shall inspect the site and determine whether the decommissioning requirements have been satisfied prior to release of financial assurance. 14-431-13 Application Process 14-431-13-A. Additional Submittal Requirements for Special Use Permit. The applicant shall submit the materials required by Section 14-703 and, in addition, the following: 1. Noise Impact Assessment and Mitigation Plan. A report prepared by a qualified acoustical engineer that evaluates all existing and proposed noise sources associated with the data center and demonstrates compliance with all applicable provisions of the City Code. 2. Detailed Site Plan. A site plan prepared by a qualified design professional that clearly depicts the location and layout of all buildings, structures, mechanical equipment, substations, screening elements, fencing, access points, and required buffer areas, and demonstrates compliance with this Section. 3. Building Elevations. Elevation drawings prepared by a licensed architect that depict all exterior building facades. 4. Photometric Plan. A photometric plan prepared by a qualified professional that illustrates all proposed exterior lighting levels and fixtures and demonstrates compliance with the lighting standards of Section 14-508. 5. Operations and Maintenance Plan. Page 227 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 6. Preliminary Hazard Mitigation Analysis. A report prepared by a qualified professional that evaluates potential hazards associated with a Battery Energy Storage System and demonstrates compliance with the requirements of this Article. 7. Preliminary Emergency Response Plan. A preliminary Emergency Response Plan prepared by a qualified professional that demonstrates compliance with the requirements of this Article. 8. Preliminary Decommissioning Plan. A preliminary Decommissioning Plan prepared by a qualified professional that addresses the requirements of this Article. 9. Ownership Disclosure. The application shall disclose the identity of parties in interest to the public that shall include the name of all companies involved in battery energy storage project, including developer, shell companies, operators, and financers. 14-431-13-B. Notwithstanding the requirements set forth in subsection (A) above, all applicable technical studies required under Section 14-700-06 shall also be submitted and shall govern to the extent applicable. 14-431-13-C. The battery energy storage system shall follow all codes and permit requirements of the City of Independence Code of Ordinances and the Design and Construction Manual. 14-431-14 Annual Compliance Certification 14-431-14-A. The owner or operator of a Battery Energy Storage System (BESS) facility shall submit an annual compliance certification, prepared and signed by a qualified professional engineer licensed in the State of Missouri, certifying that: 1. The facility is being operated and maintained in substantial compliance with all approved plans, permits, and conditions of approval; 2. All required safety, monitoring, and emergency shutdown systems are fully operational and functioning as designed; 3. Fire detection, fire suppression, and other fire protection systems have been inspected and maintained in accordance with applicable codes, manufacturer specifications, and the approved Emergency Response Plan; 4. Emergency contact information on file with the City is current and accurate; and 5. No material modifications, expansions, or operational changes have occurred without prior approval from the City, where such approval is required. 14-431-14-B. The annual compliance certification shall be submitted to the City no later than thirty (30) days following the anniversary date of the facility's commencement of operations, unless otherwise approved by the City. 14-431-14-C. The City may conduct inspections of the facility, upon reasonable notice to the owner or operator, to verify compliance with the provisions of this Article, approved plans, permit conditions, and applicable codes and regulations. Page 228 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-431-14-D. Failure to submit the required annual certification or to maintain compliance with the requirements of this Article may constitute a violation subject to enforcement actions authorized by this Code. 14-431-15. Ownership/Operator Changes 14-431-15-A. If ownership of the property, the Battery Energy Storage System (BESS) facility, or the facility operator changes, all project approvals shall remain valid, provided the successor owner or operator assumes in writing all obligations associated with the project, including compliance with all conditions of approval, the approved Decommissioning Plan, and the requirements of this Article, and provides updated financial assurance as required herein. The successor owner or operator shall provide written notice to the City of the ownership or operational change within thirty (30) days of the effective date of the transfer. Such notice shall include documentation demonstrating the assumption of all project obligations and updated financial assurance. Failure to provide the required notice and documentation within thirty (30) days shall render all project approvals null and void. Any request to reinstate a voided approval shall be subject to the same application, review, and approval procedures required for a new BESS facility under this Article. Sec. 14-431-16 Violations Failure to comply with this Article shall constitute a violation of the Unified Development Ordinance and may result in revocation of approvals, issuance of citations, or other remedies authorized by law. SECTION 4. That Section 14-200-05-W of Chapter 14 of the City Code is hereby amended to read as follows: 14-200 USE GROUPS AND CATEGORIES 14-200-05 Commercial use group 14-200-05-W. Data Processing and Hosting. Establishments that provide infrastructure for hosting or data processing services. These establishments may provide specialized hosting activities, such as web hosting, streaming services or application hosting; provide application services provisioning or may provide general timeshare mainframe facilities to clients. An example is a data center. 1. Data Processing and Hosting, Accessory. A data processing and hosting use that is incidental and subordinate to the principal use of the property and is intended primarily to support the operations of the principal use or occupant. An accessory data processing and hosting use shall not be operated as a standalone commercial data processing and hosting business or provide hosting or data processing services to third parties as its primary function. 2. Data Processing and Hosting, Small. A principal use consisting of one or more buildings or portions of buildings that provide infrastructure for data Page 229 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH processing, storage, networking, cloud computing, artificial intelligence, or hosting services, including associated equipment and supporting systems. A Small Data Processing and Hosting Facility has a maximum electrical demand of less than 2.5 megawatts (MW). 3. Data Processing and Hosting, Major. A principal use consisting of one or more buildings or portions of buildings that provide infrastructure for data processing, storage, networking, cloud computing, artificial intelligence, or hosting services, including associated equipment and supporting systems. A Major Data Processing and Hosting Facility has a maximum electrical demand of 2.5 megawatts (MW) or greater. SECTION 5. That Section 14-200-06 of Chapter 14 of the City Code is hereby amended to read as follows: 14-200 USE GROUPS AND CATEGORIES 14-200-06 Industrial use group 14-200-06-A. Battery Energy Storage System (BESS). One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, including associated battery management systems, inverters, transformers, switchgear, utility interconnections, fire suppression equipment, and accessory equipment. 14-200-06-B. Utility-Scale Battery Energy Storage System. A Battery Energy Storage System with a total energy capacity exceeding 600 kWh and intended primarily to provide power to the electrical grid or wholesale energy markets. 14-200-06-C. Accessory Battery Energy Storage System. A Battery Energy Storage System serving an on-site principal use or renewable energy system. 14-200-06-D. Battery Storage Building. A structure containing one or more Battery Energy Storage Systems. SECTION 6. That Section 14-301-03-G of Chapter 14 of the City Code is hereby amended to read as follows: 14-301 OFFICE AND COMMERCIAL DISTRICTS 14-301-03 Uses 14-301-03-A. Use Table. Uses are allowed in O and C zoning districts in accordance with Table 301-1, below. 14-301-03-B. Use Classification System. For the purpose of this development ordinance, uses are classified into "use groups," "use categories," and "specific use types." These are described and defined in Article 14-200. The first column of Table 301-1 lists the groups, categories and types allowed in one or more O/C districts. Page 230 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-301-03-C. Permitted Uses. Uses identified with a "P" in Table 301-1 are permitted as-of- right in the subject zoning district, subject to compliance with all other applicable standards of this development ordinance. 14-301-03-D. Permitted Uses with Minimum Use Standards. Uses identified with a "C" in Table 301-1 are permitted as-of-right in the subject zoning district, subject to compliance with the Use Standards referenced in the right column of the Table, and all other applicable standards of this development ordinance. 14-301-03-E. Special Uses. Uses identified with an "S" in Table 301-1 may be allowed if reviewed and approved in accordance with the special use procedures of Article 14-704. 14-301-03-F. Prohibited Uses. Uses not listed and those identified with a "—" are expressly prohibited. 14-301-03-G. Use Standards. The "use standards" column of Table 301-1 identifies use-specific standards that apply to some uses. Compliance with such standards is required. Variances to use standards are prohibited. Table 301-1 Office and Commercial Districts Use Table P: Permitted S: Special Use Permit Required C: Conditional Uses —: Not Allowed Use Category Zoning District Use Standards Specific use type O-1 O-2 C-1 C-2 C-3 COMMERCIAL Construction Services No outdoor storage of equipment or — — P P P materials With outdoor storage of equipment and — — — — C 14-503 materials Data Processing and Hosting, Small C C 14-429 Drive-Through Facility — — P P P SECTION 7. That Section 14-302-03-G of Chapter 14 of the City Code is hereby amended to read as follows: 14-302 INDUSTRIAL DISTRICTS 14-302-03 Uses 14-302-03-A. Use Table. Uses are allowed in I zoning districts in accordance with Table 302-1, below. 14-302-03-B. Use Classification System. For the purpose of this development ordinance, uses are classified into "use groups," "use categories," and "specific use types." These are described and defined in Article 14-200. The first column of Table 302-1 lists the groups, categories and types allowed in one or more I districts. 14-302-03-C. Permitted Uses. Uses identified with a "P" in Table 302-1 are permitted as-of- right in the subject zoning district, subject to compliance with all other applicable standards of this development ordinance. Page 231 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-302-03-D. Permitted Uses with Minimum Use Standards. Uses identified with a "C" in Table 302-1 are permitted as-of-right in the subject zoning district, subject to compliance with the Use Standards referenced in the right column of Table 302-1, and all other applicable standards of this development ordinance. 14-302-03-E. Special Uses. Uses identified with an "S" in Table 302-1 may be allowed if reviewed and approved in accordance with the special use procedures of Article 14-704. 14-302-03-F. Prohibited Uses. Uses not listed and those identified with a "—" are expressly prohibited. 14-302-03-G. Use Standards. The "use standards" column of Table 302-1 identifies use-specific standards that apply to some uses. Compliance with such standards is required. Variances to use standards are prohibited. Table 302-1 Industrial Districts Use Table P: Permitted S: Special Use Permit Required C: Conditional Uses —: Not Allowed Use Category Zoning District Use Standards Specific use type B-P/PUD I-1 I-2 Battery Energy Storage System S S 14-431 Data Processing and Hosting, Small P C P — 14-429 C Data Processing and Hosting, Major — S — 14-430 SECTION 8. That Section 14-400-13 of Chapter 14 of the City Code is hereby added to read as follows: 14-400 ACCESSORY USES AND STRUCTURES 14-400-13 Data Processing and Hosting Facility, Accessory 14-400-13-A. Applicability. This section applies to any accessory data processing and hosting facility, whether new or retrofitted, located within or attached to any principal structure. 14-400-13-B. Location. An accessory data processing and hosting facility shall be permitted wherever the principal use is permitted. 14-400-13-C. Enclosed Building. All accessory data-processing and hosting facilities must be fully contained within a completely enclosed building. 14-400-13-D. Adopted Codes. An accessory data processing and hosting facility shall comply with all applicable provisions of the City’s adopted building, fire, electrical, and mechanical codes. All installations, equipment, and related improvements shall be reviewed, permitted, and inspected in accordance with the requirements of the City. SECTION 9. That all other parts and provisions of the City Code shall be in full force and effect unless previously or subsequently amended or repealed. Page 232 of 516 UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH SECTION 10. That correction of any scriveners’ errors identified within these articles are hereby authorized by this ordinance. PASSED THIS _______ DAY OF __________, 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. Presiding Officer of the City Council of the City of Independence, Missouri ATTEST: City Clerk APPROVED - FORM AND LEGALITY: City Counselor REVIEWED BY: City Manager NOTE: Words struck through are being removed by this ordinance and words underscored and bolded are being added by this ordinance. Page 233 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH BILL NO. ____________ ORDINANCE NO. ___________ AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE, CHAPTER 14, OF THE INDEPENDENCE CITY CODE PERTAINING TO DATA PROCESSING AND HOSTING AND BATTERY ENERGY STORAGE SYSTEMS USES. WHEREAS, the Unified Development Ordinance was approved by the City Council on June 15, 2009, by Ordinance No. 17339 and became effective on July 1, 2009; and, WHEREAS, after its adoption, policy issues to be addressed were discovered, and it was decided to revise these items; and, WHEREAS, after due public notice in the manner prescribed by law, the Planning Commission held a public hearing for consideration of the request on July 14 2026, and rendered a report to the City Council not recommending approval of the proposed text amendment to the UDO, by a vote of 1-6; and, WHEREAS, City Council has authority under RSMo. Ch. 89.020 to enact and amend zoning ordinances to promote health, safety, morals, and the general welfare of the community; and, WHEREAS, after due public notice in the manner prescribed by law, the City Council held a public hearing and rendered a decision to approve the changes to the Unified Development Ordinance; and, WHEREAS, in accordance with the Unified Development Ordinance, it was determined that the request is consistent with the review criteria in Section 14-701-01-F. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That Section 14-429 of Chapter 14 of the City Code is hereby added to read as follows: 14-429 SMALL DATA PROCESSING AND HOSTING 14-429-01 Applicability The purpose of this section is to establish land use and design regulations for small data processing and hosting facilities to ensure compatibility with surrounding uses, protect nearby residential areas, and promote high-quality site and building design. Page 234 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH Exception. The provisions of this section shall not apply to any small data processing and hosting development that has submitted a building permit, received final site plan approval, a preliminary development plan, a master development plan, or other applicable development approval prior to the effective date of this section. This exception shall include any approved phased development, including subsequent phases, buildings, structures, improvements, final site plans, and building permits that are contemplated by and consistent with the approved development plan. Such developments may proceed in accordance with the terms, conditions, and approved development entitlements in effect at the time of the original approval. 14-429-02 Setback. 14-429-02-A. Existing Buildings. When a small data processing and hosting facility is located within an existing, legally established building, the building’s existing setbacks shall be deemed to satisfy all required setbacks for the small data processing and hosting facility use. No additional building setback requirements shall apply. 14-429-02-B. New Construction or Additions. When a small data processing and hosting facility involves new construction or a building addition, the new construction or addition shall comply with the setback requirements of the underlying zoning district. 14-429-02-C. Equipment and Appurtenances. Exterior mechanical or electrical equipment, including generators, cooling units, and transformers, shall comply with the same setback requirements applicable to the principal structure, except as provided below. 1. Screening Option. A reduction in the required setbacks may be permitted if the applicant provides enhanced screening or buffering that achieves an equivalent level of visual and noise mitigation. 14-429-03 Buffer and Screening. 14-429-03-A. Existing Buildings. When a small data processing and hosting facility is established within an existing, legally conforming building: 1. The facility shall comply with the buffering and screening requirements applicable to the site at the time of establishment. 2. Additional buffer yard depth shall not be required unless new exterior mechanical or electrical equipment is installed. 14-429-03-B. New Construction or Addition. Newly constructed data processing and hosting facilities and additions to an existing building shall comply with the applicable buffering and screening requirements of Section 14-503, if required. 14-429-03-C. Mechanical and Service Area Screening (Applicable to Both Existing and New Facilities). All exterior equipment areas, loading/service areas, and backup power systems shall comply with the screening requirements of Section 14-503. 14-429-04 Parking. 14-429-04-A. Minimum Off-Street Parking Requirement. A small data processing and hosting facility shall provide a minimum of 1.5 off-street parking spaces per employee based on the maximum number of employees present on a single shift. Page 235 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-429-04-B. Parking Setback and Screening – New Building or Addition. Off-street parking areas located adjacent to a public or private street right-of-way shall be set back in accordance with Section 14-503-05. Such parking areas shall be screened from view from the right-of-way by one or a combination of the following: (1) buildings; (2) a berm with a minimum height of three (3) feet in combination with plant materials; or (3) a combination of buildings, berms, and plant materials. All required screening shall be installed and maintained in accordance with Section 14-503. 14-429-04-C. Parking Setback and Screening – Existing Building. When a small data processing and hosting facility is located within an existing, legally established building and no changes are proposed to the existing parking lot configuration, the existing parking setbacks shall be deemed to satisfy all required parking setbacks for the use. No additional parking setback requirements shall apply except as provided below. 1. When a small data processing and hosting facility involves the construction of new parking areas or the reconstruction of existing parking areas, all new or modified parking areas shall comply with the parking setback requirements Section 14-503- 05. 14-429-05 Architectural and design requirements. All small data processing and hosting buildings including all primary facilities, support structures and ancillary buildings shall comply with Section 14-506. 14-429-06 Lighting All exterior lighting associated with a small data processing and hosting use shall be designed, installed, and maintained in full compliance with the standards set forth in Section 14-508 of this Code. 14-429-07 Noise and maintenance requirements. 14-429-07-A. All noise generated by a small data processing and hosting facility and any associated or ancillary uses, equipment, or operations shall comply at all times with the applicable noise standards set forth in Chapter 7 of the City Code. 14-429-07-B. All on-site generators shall comply with the following requirements: 1. Testing Duration. Routine testing and maintenance operation of generators shall not exceed a total of ten (10) hours per calendar month, per generator. 2. Testing Hours. Routine testing and maintenance shall occur only between the hours of 9:00 a.m. and 5:00 p.m., local time, Monday through Friday, excluding federal holidays. 3. Noise Attenuation. Generators shall be enclosed within a sound-attenuating enclosure or wall designed to minimize noise impacts and ensure compliance with Chapter 7 of the City Code. 4. Recordkeeping. The property owner or operator shall maintain a generator testing log documenting dates, times, and duration of all testing and maintenance activities. Such log shall be submitted annually to the Director as part of the required compliance report and made available upon request. 5. Operational Limitations. Except for routine testing, maintenance, or initial commissioning, generators shall be operated solely for backup or emergency purposes. Page 236 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-429-08 Cooling System All small data processing and hosting facilities shall utilize closed-loop cooling systems or other cooling technologies that achieve equivalent or lower water consumption. Cooling-related water demand shall not exceed the maximum capacity the City determines is available to serve the facility. Sec. 14-429-09 Decommissioning and Site Restoration 14-429-09-A. Decommissioning Required. A small data processing and hosting facility that ceases operations for a continuous period of twelve (12) months shall be considered abandoned and shall be decommissioned in accordance with this Section, unless an extension is approved by the City upon demonstration of a good-faith effort to resume operations. 14-429-09-B. Decommissioning Plan. Prior to the issuance of a building permit, the property owner shall submit a Decommissioning Plan prepared by a qualified professional. The plan shall describe the method and timeline for removing the facility and restoring the site for future industrial or commercial use. 14-429-09-C. Completion of Decommissioning. All decommissioning activities shall be completed within twelve (12) months following abandonment of the facility, unless an extension is approved by the City. 14-429-09-D. Site Condition Upon Completion. Upon completion of decommissioning, the site shall be left in a clean, safe, and stable condition suitable for future industrial or commercial occupancy and redevelopment. The Decommissioning Plan shall identify the improvements proposed to remain on the site, including the principal building, parking areas, utility infrastructure, stormwater facilities, and access drives, and shall describe the actions necessary to ensure such improvements remain functional and marketable for future users. The intent of this Section is to facilitate the adaptive reuse of the building and site by requiring the removal of data center-specific equipment and infrastructure while preserving the improvements necessary to support future industrial or commercial operations. 14-429-10 Ongoing Compliance and Reporting. 14-429-10-A. The operator shall submit an annual compliance report to the City in a form and manner acceptable to the City, which shall, at a minimum, include the following: 1. Noise monitoring data demonstrating compliance with applicable City Code requirements; 2. Documentation verifying continued operation of required cooling systems; 3. Records demonstrating ongoing landscape installation and maintenance in accordance with approved plans and applicable standards; 4. Maintenance and operations plan for all on-site required stormwater facilities. 5. Generator testing logs, including dates, duration, and confirmation of compliance with applicable operational limitations. 14-429-10-B. The City shall have the right to conduct inspections of the site at reasonable times and upon reasonable notice, or without notice in the event of an emergency or Page 237 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH suspected violation, as necessary to verify compliance with this Section and all applicable provisions of the City Code. 14-429-11 Violations and Enforcement. Failure to comply with the requirements of this Section or any conditions of approval shall constitute a violation of this Chapter and may subject the permit holder to enforcement action, including, but not limited to, suspension or revocation of the Special Use Permit, as provided by applicable law. 14-429-12 Modifications. Any expansion or substantial modification of a data processing and hosting facility, including but not limited to alterations to mechanical systems, power infrastructure, or site configuration, shall be subject to review and approval in accordance with the requirements of this Chapter. SECTION 2. That Section 14-430 of Chapter 14 of the City Code is hereby added to read as follows: 14-430 MAJOR DATA PROCESSING AND HOSTING 14-430-01 Applicability The purpose of this section is to establish land use and design regulations for major data processing and hosting facilities to ensure compatibility with surrounding uses, protect nearby residential areas, and promote high-quality site and building design. Exception. The provisions of this section shall not apply to any major data processing and hosting development that has submitted a building permit, received final site plan approval, a preliminary development plan, a master development plan, or other applicable development approval prior to the effective date of this section. This exception shall include any approved phased development, including subsequent phases, buildings, structures, improvements, final site plans, and building permits that are contemplated by and consistent with the approved development plan. Such developments may proceed in accordance with the terms, conditions, and approved development entitlements in effect at the time of the original approval. 14-430-02 Setback and Separation 14-430-02-A. Any structures, equipment/appurtenance, including but not limited to auxiliary systems, inverters, transformers, and substation, shall maintain a minimum setback of one hundred (100) feet. 14-430-02-B. The distances above shall be measured from the closest edge of the structure, storage building, equipment or appurtenance. 14-430-02-C. No major data processing and hosting facility shall be located within 500 feet of land used for residential use or for public activity purposes such as schools, parks/recreation, playgrounds, daycare, nursing home, hospitals, and religious assembly, whether said use is located within the City or outside of the City. The distance between the major data processing and hosting facility and these uses will be Page 238 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH measured in a straight line, without regard to intervening structures or properties, from the closest property line to closest property line. 14-430-03 Buffer and Screening 14-430-03-A. A major data processing and hosting facility shall provide a minimum buffer yard of one hundred (100) feet in width along any property line that abuts a lot zoned for residential use or occupied by a residential use. A high-impact screen, as defined and required by Section 14-503, shall be installed and maintained along all such property lines. In addition to the requirements of Section 14-503, the quantity of required plant materials within the buffer yard shall be increased by twenty-five (25) percent. 14-430-03-B. All substations, electrical yards, switch yards, mechanical yards, battery energy storage systems, and any other exterior equipment or appurtenances shall be fully screened from view from any adjacent public street, private street, trail, or park. Screening shall be provided in a manner consistent with Section 14-503 and maintained in good condition so as to remain effective at all times. 14-430-04 Parking. 14-430-04-A. Parking Setback and Screening. Off-street parking areas located adjacent to a public or private street right-of-way shall be set back a minimum of fifty (50) feet from the edge of the right-of-way. Such parking areas shall be screened from view from the right-of-way by one or a combination of the following: (1) buildings; (2) a berm with a minimum height of three (3) feet in combination with plant materials; or (3) a combination of buildings, berms, and plant materials. All required screening shall be installed and maintained in accordance with Section 14-503. 14-430-04-B. Minimum Off-Street Parking Requirement. All major data processing and hosting facilities shall provide a minimum of 1.5 off-street parking spaces per employee based on the maximum number of employees present on a single shift. 14-430-05 Architectural and design requirements 14-430-05-A. All major data processing and hosting buildings including all primary facilities, support structures and ancillary buildings shall be constructed of similar building materials from the same color and materials palette. 14-430-05-B. All buildings identified in paragraph A above shall comply with the following: 1. Architectural Materials. A minimum of 40% of front and street-side facades and a minimum of 20% of side and rear facades shall be comprised of at least two of the following elements. Percentages are calculated as the total building façade area and can be comprised of any combination of the following architectural materials. a. Exterior colors, finishes and materials other than the primary color or smooth cast-concrete. Acceptable materials may include metal composite panels, stone, wood, brick, glass block, tile, cast metal, cast, split-face CMU, cultured stone, textured or patterned concrete panels, other forms of masonry panel* or similar as determined by the Community Development Director. Page 239 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH b. Windows or glazing (windows may be transparent, opaque or spandrel glass). c. Architectural grilles and/or decorative screens. 2. Building Design Elements. Front and streetside facades shall include at least four of the following elements for every 500 linear feet of building facade. Side and rear facades shall include at least two of the following elements for every 500 linear feet of building facade. a. Louvered or vertical sunshades b. Awnings or canopies c. Pilasters or columns distributed evenly across the facade d. Water table consisting of masonry that extends at least 3 feet above the e. Ground f. Articulated columns g. Embedded linear glow or accent lighting h. Building projections of greater than 5 feet in depth, evenly distributed across the facade i. Change in roofline height or angle such as a butterfly roof, curved roofline, parapet, or shed roof j. Modulated building heights 5 feet or greater k. Accentuated building entrance including multistory windows, and entrance canopies or trellises, and clerestory windows l. Horizontal roofline banding 14-430-06 Lighting All exterior lighting associated with a major data processing and hosting use shall be designed, installed, and maintained in full compliance with the standards set forth in Section 14-508 of this Code. 14-430-07 Noise and maintenance requirements 14-430-07-A. All noise generated by a major data processing and hosting facility and any associated or ancillary uses, equipment, or operations shall comply at all times with the applicable noise standards set forth in Chapter 7 of the City Code. 14-430-07-B. All on-site generators shall comply with the following requirements: 1. Testing Duration. Routine testing and maintenance operation of generators shall not exceed a total of ten (10) hours per calendar month, per generator. 2. Testing Hours. Routine testing and maintenance shall occur only between the hours of 9:00 a.m. and 5:00 p.m., local time, Monday through Friday, excluding federal holidays. 3. Noise Attenuation. Generators shall be enclosed within a sound-attenuating enclosure or wall designed to minimize noise impacts and ensure compliance with Chapter 7 of the City Code. 4. Recordkeeping. The property owner or operator shall maintain a generator testing log documenting dates, times, and duration of all testing and maintenance activities. Page 240 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH Such log shall be submitted annually to the Director as part of the required compliance report and made available upon request. 5. Operational Limitations. Except for routine testing, maintenance, or initial commissioning, generators shall be operated solely for backup or emergency purposes. 14-430-08 Cooling System All major data processing and hosting facilities shall utilize closed-loop cooling systems or other cooling technologies that achieve equivalent or lower water consumption. Cooling- related water demand shall not exceed the maximum capacity the City determines is available to serve the facility. 14-430-09 Community Benefit Agreement Requirement for Incentives 14-430-09-A. Applicability. Any major data processing and hosting facility that receives, applies for, or seeks approval of any local, state, or federal economic development incentive, including but not limited to tax abatement, tax increment financing, community improvement district assistance, transportation development district assistance, Chapter 100 financing, state tax credits, utility incentives, infrastructure assistance, or other public financial assistance, shall be required to enter into a Community Benefit Agreement (CBA) with the City as a condition of approval of such incentive. 14-430-09-B. Purpose. The purpose of the Community Benefit Agreement is to ensure that projects receiving public financial assistance provide measurable benefits to the community that are proportional to the public investment. 14-430-09-C. Community Benefit Agreement Requirements. The Community Benefit Agreement shall be approved by the City Council and may include, but is not limited to, commitments related to: 1. Workforce development, apprenticeship programs, and skilled trade training opportunities; 2. Local hiring goals and recruitment efforts for City residents; 3. Partnerships with local educational institutions, including internships, scholarships, curriculum support, or workforce training programs; 4. Contributions toward public infrastructure improvements; 5. Environmental sustainability measures exceeding the minimum requirements of this Article; 6. Community grants, charitable contributions, or support for public facilities and programs; 7. Digital inclusion initiatives, technology education programs, or other programs that enhance community access to technology; and 8. Any other public benefits determined by the City Council to advance the health, safety, welfare, and economic prosperity of the community. Page 241 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-430-09-D. Failure to Comply. Failure to comply with the terms of an approved Community Benefit Agreement may constitute a violation of this Article and may result in enforcement actions authorized by this Code, in addition to any remedies provided in the incentive agreement or Community Benefit Agreement. 14-430-10 Neighborhood Meeting 14-430-10-A. Neighborhood Meeting Requirement A neighborhood meeting is required for all proposed major data processing and hosting facilities prior to the submission of any discretionary development application, including but not limited to special use permits, rezoning requests, or site plan approvals. 14-430-10-B. Notification Radius The applicant shall provide written notification of the neighborhood meeting to all property owners of record located within 1 mile of the boundaries of the subject property. 14-430-10-C. Notification Method and Timing • The notices shall be mailed no fewer than 15 days prior to the date of the neighborhood meeting. • The notice shall include the date, time, location, and purpose of the meeting; a brief description of the proposed data center; and contact information for the applicant or project representative. 14-430-10-D. Posting of Signs • The applicant shall post one or more public notice signs on the subject property. • Signs must be of the standard size and format required by the City for development- related public notices. • Signs must be clearly visible from adjacent public streets and posted at least 15 days prior to the neighborhood meeting. • The signs shall state the date, time, location, and purpose of the neighborhood meeting. 14-430-10-E. Proof of Notification Prior to application acceptance, the applicant shall provide: • A list of all property owners notified; • A copy of the mailed notice; • An affidavit of mailing; and • Photographic evidence showing the posted signs. Sec. 14-430-11 Decommissioning and Site Restoration 14-430-11-A. Decommissioning Required. A major data processing and hosting facility that ceases operations for a continuous period of twelve (12) months shall be considered abandoned and shall be decommissioned in accordance with this Section, unless an extension is approved by the City upon demonstration of a good-faith effort to resume operations. Page 242 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-430-11-B. Decommissioning Plan. Prior to the issuance of a building permit, the property owner shall submit a preliminary Decommissioning Plan prepared by a qualified professional. The plan shall describe the method and timeline for removing the facility and restoring the site for future industrial or commercial use. 14-430-11-C. Minimum Plan Requirements. The Decommissioning Plan shall include, at a minimum: 1. Removal of all data center equipment, including servers, racks, batteries, generators, transformers, cooling equipment, fuel storage systems, telecommunications equipment, and associated mechanical and electrical systems; 2. Removal of all hazardous materials and disposal in accordance with applicable federal, state, and local regulations; 3. Removal of above-ground structures and foundations to a minimum depth of three (3) feet below finished grade, unless the City determines that specific improvements may remain to support future industrial development; 4. Removal of security fencing, screening, signage, and other accessory structures not intended for reuse; 5. Stabilization and grading of disturbed areas to prevent erosion and drainage impacts; 6. Restoration of the site to a condition suitable for future industrial or commercial redevelopment, including preservation or restoration of access drives, utility connections, stormwater facilities, and other infrastructure that may support future development; and 7. An estimated cost of decommissioning prepared by a qualified professional. 14-430-11-D. Financial Assurance. The City may require the owner to provide financial assurance in a form acceptable to the City, including but not limited to a bond, irrevocable letter of credit, escrow account, or other security, to guarantee completion of decommissioning activities. 14-430-11-E. Completion of Decommissioning. All decommissioning activities shall be completed within twelve (12) months following abandonment of the facility, unless an extension is approved by the City. 14-430-11-F. Site Condition Upon Completion. Upon completion of decommissioning, the site shall be left in a clean, safe, and stable condition suitable for future industrial or commercial occupancy and redevelopment. The Decommissioning Plan shall identify the improvements proposed to remain on the site, including the principal building, parking areas, utility infrastructure, stormwater facilities, and access drives, and shall describe the actions necessary to ensure such improvements remain functional and marketable for future users. The intent of this Section is to facilitate the adaptive reuse of the building and site by requiring the removal of data center-specific equipment and infrastructure while preserving the improvements necessary to support future industrial or commercial operations. Page 243 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-430-12 Application Process 14-430-12-A. Additional Submittal Requirements for Special Use Permit. The applicant shall submit the materials required by Sec. 14-703 and, in addition, the following: 1. Noise Impact Assessment and Mitigation Plan. A report prepared by a qualified acoustical engineer that evaluates all existing and proposed noise sources associated with the major data processing and hosting facility and demonstrates compliance with all applicable provisions of the City Code. 2. Water Usage and Mitigation Plan. A report prepared by a qualified engineer that evaluates the proposed water usage associated with the major data processing and hosting facility and demonstrates compliance will applicable provisions of the City Code. 3. Energy Usage and Mitigation Plan. A report prepared by a qualified engineer that evaluates the proposed energy usage associated with the major data processing and hosting facility and mitigates any potential impacts to current rate payers. 4. On Site Emissions. A report prepared by a qualified engineer that evaluates all proposed on site emissions associated with the major data processing and hosting facility and demonstrates compliance with all applicable provisions of state, federal and City Code. 5. Displacement and Environmental Justice Impact. A study evaluating whether the proposed major data processing and hosting facility would disproportionately affect nearby residents, businesses, or historically disadvantaged communities through increased environmental burdens, redevelopment pressure, or displacement. 6. Detailed Site Plan. A site plan prepared by a qualified design professional that clearly depicts the location and layout of all buildings, structures, mechanical equipment, substations, screening elements, fencing, access points, and required buffer areas, and demonstrates compliance with this Section. 7. Preliminary Storm Water Studies. A preliminary storm water study prepared by a qualified engineer that addresses existing condition assessment, hydrologic and hydraulic analysis and proposed stormwater management approach. 8. Civil Site Layout. A civil site layout by a qualified design professional that clearly depicts the location of water service lines, sanitary sewer service lines, storm sewer and flood control facilities, impacts to the road network, and all necessary municipal utility extensions. The facility shall follow all codes and permit requirements of the City of Independences Code of Ordinances and the Design and Construction Manual. 9. Building Elevations. Elevation drawings prepared by a licensed architect that depict all exterior building facades and demonstrate compliance with the architectural standards set forth in this Section. 10. Photometric Plan. A photometric plan prepared by a qualified professional that illustrates all proposed exterior lighting levels and fixtures and demonstrates compliance with the lighting standards of Section 14-508. Page 244 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 11. Preliminary Decommissioning Plan. A preliminary Decommissioning Plan prepared by a qualified professional that addresses the requirements of this Article. 12. Ownership Disclosure. The application shall disclose the identity of parties in interest to the public that shall include the name of all companies involved in major data processing and hosting project, including developer, shell companies, data processing and hosting operators, and financers. 13. Waste Heat/Ventilation. All external ventilation on structures associated with the major data processing and hosting facility should be designed in a manner that does not result in waste heat, or heat generated as a byproduct of major data processing and hosting operations, adversely impacting adjacent properties. Exhausts, chimneys, and other sources of waste heat should be designed in a manner that directs waste heat away from adjacent properties. 14-430-12-B. Notwithstanding the requirements set forth in subsection (A) above, all applicable technical studies required under Section 14-700-06 shall also be submitted and shall govern to the extent applicable. 14-430-13 Ongoing Compliance and Reporting 14-430-13-A. The operator shall submit an annual compliance report to the City in a form and manner acceptable to the City, which shall, at a minimum, include the following: 1. Noise monitoring data demonstrating compliance with applicable City Code requirements; 2. Documentation verifying continued operation of required cooling systems; 3. Records demonstrating ongoing landscape installation and maintenance in accordance with approved plans and applicable standards; 4. Maintenance and operations plan for all on-site required stormwater facilities. 5. Generator testing logs, including dates, duration, and confirmation of compliance with applicable operational limitations. 14-430-13-B. The City shall have the right to conduct inspections of the site at reasonable times and upon reasonable notice, or without notice in the event of an emergency or suspected violation, as necessary to verify compliance with this Section and all applicable provisions of the City Code. 14-430-14 Violations and Enforcement Failure to comply with the requirements of this Section or any conditions of approval shall constitute a violation of this Chapter and may subject the permit holder to enforcement action, including, but not limited to, suspension or revocation of the Special Use Permit, as provided by applicable law. 14-430-15 Modifications Any expansion or substantial modification of a major data processing and hosting facility, including but not limited to alterations to mechanical systems, power infrastructure, or site Page 245 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH configuration, shall be subject to review and approval in accordance with the requirements of this Chapter. SECTION 3. That Section 14-431 of Chapter 14 of the City Code is hereby added to read as follows: 14-431 BATTERY ENERGY STORAGE SYSTEMS (BESS) 14-431-01 Applicability The purpose of this section is to establish land use and design regulations for battery energy storage systems (BESS) to ensure compatibility with surrounding uses, protect nearby residential areas, and promote high-quality site and building design. 14-431-01-A. This Article shall apply to all utility-scale battery energy storage systems and Battery Storage Buildings, except as excluded below. 14-431-01-B. Residential battery systems serving a single-family, duplex, townhouse, or multifamily dwelling and installed in accordance with adopted building and fire codes shall be exempt from the requirements of this Article. 14-431-01-C. Accessory battery energy storage systems serving commercial or industrial uses with a total capacity of less than 600 kWh shall comply with applicable building and fire codes and shall be exempt from the requirements of this Article. 14-431-01-D. The provisions of this section shall not apply to any battery energy storage system development that has submitted a building permit or received final site plan approval, a preliminary development plan, a master development plan, or other applicable development approval or authorization prior to the effective date of this section. This exception shall include any approved phased development, including subsequent phases, buildings, structures, improvements, final site plans, and building permits that are contemplated by and consistent with the approved development plan. Such developments may proceed in accordance with the terms, conditions, and approved development entitlements in effect at the time of the original approval. 14-431-02 Setback and Separation 14-431-02-A. Any structure, equipment/appurtenance, including but not limited to auxiliary systems, inverters, transformers, and substation, shall maintain a minimum setback of one hundred (100) feet. 14-431-02-B. The distances above shall be measured from the closest edge of the battery enclosure, container, storage building, equipment or appurtenance. 14-431-02-C. No BESS facility shall be located within 100 feet of land used for residential use or for public activity purposes such as schools, parks/recreation, playgrounds, daycare, nursing home, hospitals, and religious assembly, whether said use is located within the City or outside of the City. The distance between the BESS facility and these uses will be measured in a straight line, without regard to intervening structures or properties, from the closest property line to closest property line. Page 246 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-431-02-D. The Independence Fire Department may require additional setbacks based upon site-specific hazards identified through the Hazard Mitigation Analysis. 14-431-03 Buffer and Screening 14-431-03-A. Any property containing a BESS facility shall provide a buffer yard with a minimum width of fifty (50) feet along any property line that abuts a lot zoned or used for residential use. A high-impact screen, as defined and required in Section 14-503, shall be installed and maintained along all such property lines. The quantity of plant materials required within the buffer yard shall be increased by twenty-five percent (25%) above the minimum standards established in Section 14-503. 14-431-03-B. All substations, electrical yards, mechanical yards, and any other exterior equipment or appurtenances shall be fully screened from view from any adjacent public street, private street, trail, or park. Screening shall be provided in a manner consistent with Section 14-503 and maintained in good condition so as to remain effective at all times. 14-431-04 Fencing and Security 14-431-04-A. A BESS facility shall be fully enclosed by a minimum seven (7) foot high, non- scalable, solid wall. The required wall shall be located outside of all applicable zoning district setback areas. Walls shall be constructed of either decorative concrete masonry units with a split-face or other textured finish, or concrete tilt-up panels incorporating architectural treatments such as reveals, patterns, and/or trim lines to provide visual articulation. All fencing and/or enclosure components shall comply with applicable provisions of NFPA 70. 14-431-04-B. When required for sound attenuation, a wall that is an integral component of a large-scale battery energy storage system may exceed the maximum fence or wall height otherwise permitted. However, under no circumstances shall such a fence or wall exceed the maximum height allowed in the zoning district. 14-431-04-C. No equipment or appurtenances—including but not limited to auxiliary systems, inverters, transformers, and substations—shall exceed the height of the screening wall unless a line-of-sight analysis demonstrates that the wall height is sufficient to fully screen such equipment and appurtenances. 14-431-04-D. All gates shall be secured except during maintenance or emergency access. 14-431-04-E. Facilities shall include warning signage identifying: 1. Emergency contact information; 2. Hazardous voltage warnings; 3. Fire department access points; and 4. Emergency shutdown procedures. 14-431-05. Landscaping 14-431-05-A. No landscaping is required on the interior side of the screen wall regardless of the percentage of landscape open space required. Page 247 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-431-05-B. The minimum required open space, as required by this development ordinance, shall be limited to the perimeter landscaping surrounding the perimeter screening wall or fence. 14-431-06 Parking 14-431-06-A. For BESS facilities that are regularly occupied by employees or contractors, off-street parking shall be provided at a rate of one and one-half (1.5) parking spaces for each employee based on the maximum number of employees present during any single shift. In no case shall fewer than three (3) off-street parking spaces be provided. 14-431-06-B. For unoccupied sites, a minimum of three (3) parking spaces shall be provided. 14-431-06-C. All parking areas, fire access roads, and drive aisles shall be surfaced with asphalt or concrete and constructed in accordance with the standards of Section 14- 501 and Chapter 20 of the City Code. 14-431-07 General Development Standards 14-431-07-A. All Battery Energy Storage Systems shall comply with applicable editions of: 1. International Fire Code (IFC); 2. International Building Code (IBC); 3. National Electrical Code (NEC); 4. NFPA 855 Standard for the Installation of Stationary Energy Storage Systems; 5. NFPA 68 – Standard on Explosion Protection by Deflagration Venting 6. NFPA 69 – Standard on Explosion Prevention Systems 7. Component certifications (UL 1973 for batteries, UL 1741 for inverters) 8. UL 9540 and UL 9540A testing requirements; and 9. Any additional requirements imposed by the Independence Fire Department. 14-431-07-B. The BESS operator shall maintain all required permits and inspections throughout the life of the facility. 14-431-08 Lighting All exterior lighting associated with a BESS facility shall be designed, installed, and maintained in full compliance with the standards set forth in Section 14-508 of this Code. 14-431-09 Noise and maintenance requirements 14-431-09-A. All noise generated by a BESS and any associated or ancillary uses, equipment, or operations shall comply at all times with the applicable noise standards set forth in Chapter 7 of the City Code. 14-431-09-B. All on-site generators shall comply with the following requirements: 1. Testing Duration. Routine testing and maintenance operation of generators shall not exceed a total of ten (10) hours per calendar month, per generator. Page 248 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 2. Testing Hours. Routine testing and maintenance shall occur only between the hours of 9:00 a.m. and 5:00 p.m., local time, Monday through Friday, excluding federal holidays. 3. Noise Attenuation. Generators shall be enclosed within a sound-attenuating enclosure or wall designed to minimize noise impacts and ensure compliance with Chapter 7 of the City Code. 4. Recordkeeping. The property owner or operator shall maintain a generator testing log documenting dates, times, and duration of all testing and maintenance activities. Such log shall be submitted annually to the Director as part of the required compliance report and made available upon request. 5. Operational Limitations. Except for routine testing, maintenance, or initial commissioning, generators shall be operated solely for backup or emergency purposes. 14-431-10 Hazard Mitigation Analysis 14-431-10-A. A Hazard Mitigation Analysis shall be prepared in accordance with the adopted IFC and NFPA 855 and submitted to the Independence Fire Department. 14-431-11 Emergency Response Plan 14-431-11-A. An Emergency Response Plan (ERP) shall be prepared in accordance with the adopted International Fire Code (IFC) and NFPA 855. Prior to issuance of any building permit, the final ERP shall be submitted to and approved by the Independence Fire Department. 14-431-11-B. The operator of a BESS facility shall update the Emergency Response Plan upon any material modification to the facility or its operations. 14-431-12 Decommissioning Plan and Financial Assurance 14-431-12-A. Prior to the issuance of any building permit, the applicant shall submit a Decommissioning Plan. The plan shall identify the anticipated removal of equipment and restoration of the site upon abandonment, discontinuation of operation, or the end of the facility's useful life. 14-431-12-B. Minimum Requirements. The decommissioning plan shall include: 1. Identification of the property owner, facility owner, and facility operator. 2. A description of the facility, the Battery Energy Storage System and its principal components, total storage capacity, number and type of battery containers and expected operational life of the facility. 3. A narrative describing the proposed decommissioning process, removal procedures and recycling and disposal. Page 249 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 4. Identification of all structures, equipment, foundations, utilities, fencing, and appurtenances proposed to be removed. 5. A description of site restoration activities, including grading, stabilization, revegetation, and repair of disturbed areas. 6. A description of how materials will be reused, recycled, or disposed of in accordance with applicable laws and regulations. 7. The plan shall include a detailed third-party estimate of the total cost to decommission the facility and restore the site. The estimate shall assume the City contracts for removal by a third-party contractor, include mobilization, transportation, disposal, recycling, environmental remediation, site restoration, permitting, engineering, and administrative costs, and Be expressed in current dollars. 14-431-12-C. The decommissioning plan shall be reviewed every five (5) years for the purpose of updating the costs for decommissioning and, if applicable, updating the financial assurance identified below. 14-431-12-D. Financial Assurance. 1. Prior to the issuance of any building permit, the applicant shall submit financial assurance in the form of a surety bond, irrevocable letter of credit, or an equivalent financial assurance mechanism to guarantee that funds are available to cover all costs associated with activities identified in the Decommissioning Plan. 2. Annual Verification of Financial Assurance. The owner shall submit proof annually that all required financial assurance remains valid and in force. Failure to provide such documentation shall constitute a zoning violation and may result in suspension or revocation of permits. 3. The financial assurance shall remain in effect until the City determines that decommissioning has been satisfactorily completed. 14-431-12-E. Abandonment. A Battery Energy Storage System shall be deemed abandoned upon the occurrence of any of the following: 1. Failure to maintain electrical interconnection for twelve (12) consecutive months. 2. Failure to store, transmit, or discharge electricity for twelve (12) consecutive months. 3. Written notice by the owner indicating intent to cease operations. 4. Revocation of required permits without corrective action. 5. Bankruptcy or dissolution of the facility owner without an approved successor operator. The City may require documentation demonstrating continued operation of the facility. 14-431-12-F. Decommissioning Trigger Page 250 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 1. Decommissioning activities shall commence within one hundred eighty (180) days following abandonment. 2. All decommissioning activities shall be completed within twelve (12) months unless extended by the City for good cause. 3. The City may approve phased decommissioning when portions of a facility remain operational. 14-431-12-G. Site Restoration. Following removal of the facility, the site shall be restored to a safe and stable condition, including the removal of debris, stabilization of disturbed areas, restoration of drainage patterns and establishment of vegetative cover where appropriate. 14-431-12-H. Certification of Completion. Upon completion of decommissioning activities, the owner shall submit: 1. A certification from a qualified third-party contractor that all required decommissioning activities have been completed. 2. Documentation demonstrating proper recycling or disposal of battery materials. 3. Documentation of site restoration. 4. Any environmental reports required by the City. The City shall inspect the site and determine whether the decommissioning requirements have been satisfied prior to release of financial assurance. 14-431-13 Application Process 14-431-13-A. Additional Submittal Requirements for Special Use Permit. The applicant shall submit the materials required by Section 14-703 and, in addition, the following: 1. Noise Impact Assessment and Mitigation Plan. A report prepared by a qualified acoustical engineer that evaluates all existing and proposed noise sources associated with the data center and demonstrates compliance with all applicable provisions of the City Code. 2. Detailed Site Plan. A site plan prepared by a qualified design professional that clearly depicts the location and layout of all buildings, structures, mechanical equipment, substations, screening elements, fencing, access points, and required buffer areas, and demonstrates compliance with this Section. 3. Building Elevations. Elevation drawings prepared by a licensed architect that depict all exterior building facades. 4. Photometric Plan. A photometric plan prepared by a qualified professional that illustrates all proposed exterior lighting levels and fixtures and demonstrates compliance with the lighting standards of Section 14-508. 5. Operations and Maintenance Plan. Page 251 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 6. Preliminary Hazard Mitigation Analysis. A report prepared by a qualified professional that evaluates potential hazards associated with a Battery Energy Storage System and demonstrates compliance with the requirements of this Article. 7. Preliminary Emergency Response Plan. A preliminary Emergency Response Plan prepared by a qualified professional that demonstrates compliance with the requirements of this Article. 8. Preliminary Decommissioning Plan. A preliminary Decommissioning Plan prepared by a qualified professional that addresses the requirements of this Article. 9. Ownership Disclosure. The application shall disclose the identity of parties in interest to the public that shall include the name of all companies involved in battery energy storage project, including developer, shell companies, operators, and financers. 14-431-13-B. Notwithstanding the requirements set forth in subsection (A) above, all applicable technical studies required under Section 14-700-06 shall also be submitted and shall govern to the extent applicable. 14-431-13-C. The battery energy storage system shall follow all codes and permit requirements of the City of Independence Code of Ordinances and the Design and Construction Manual. 14-431-14 Annual Compliance Certification 14-431-14-A. The owner or operator of a Battery Energy Storage System (BESS) facility shall submit an annual compliance certification, prepared and signed by a qualified professional engineer licensed in the State of Missouri, certifying that: 1. The facility is being operated and maintained in substantial compliance with all approved plans, permits, and conditions of approval; 2. All required safety, monitoring, and emergency shutdown systems are fully operational and functioning as designed; 3. Fire detection, fire suppression, and other fire protection systems have been inspected and maintained in accordance with applicable codes, manufacturer specifications, and the approved Emergency Response Plan; 4. Emergency contact information on file with the City is current and accurate; and 5. No material modifications, expansions, or operational changes have occurred without prior approval from the City, where such approval is required. 14-431-14-B. The annual compliance certification shall be submitted to the City no later than thirty (30) days following the anniversary date of the facility's commencement of operations, unless otherwise approved by the City. 14-431-14-C. The City may conduct inspections of the facility, upon reasonable notice to the owner or operator, to verify compliance with the provisions of this Article, approved plans, permit conditions, and applicable codes and regulations. Page 252 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-431-14-D. Failure to submit the required annual certification or to maintain compliance with the requirements of this Article may constitute a violation subject to enforcement actions authorized by this Code. 14-431-15. Ownership/Operator Changes 14-431-15-A. If ownership of the property, the Battery Energy Storage System (BESS) facility, or the facility operator changes, all project approvals shall remain valid, provided the successor owner or operator assumes in writing all obligations associated with the project, including compliance with all conditions of approval, the approved Decommissioning Plan, and the requirements of this Article, and provides updated financial assurance as required herein. The successor owner or operator shall provide written notice to the City of the ownership or operational change within thirty (30) days of the effective date of the transfer. Such notice shall include documentation demonstrating the assumption of all project obligations and updated financial assurance. Failure to provide the required notice and documentation within thirty (30) days shall render all project approvals null and void. Any request to reinstate a voided approval shall be subject to the same application, review, and approval procedures required for a new BESS facility under this Article. Sec. 14-431-16 Violations Failure to comply with this Article shall constitute a violation of the Unified Development Ordinance and may result in revocation of approvals, issuance of citations, or other remedies authorized by law. SECTION 4. That Section 14-200-05-W of Chapter 14 of the City Code is hereby amended to read as follows: 14-200 USE GROUPS AND CATEGORIES 14-200-05 Commercial use group 14-200-05-W. Data Processing and Hosting. Establishments that provide infrastructure for hosting or data processing services. These establishments may provide specialized hosting activities, such as web hosting, streaming services or application hosting; provide application services provisioning or may provide general timeshare mainframe facilities to clients. An example is a data center. 1. Data Processing and Hosting, Accessory. A data processing and hosting use that is incidental and subordinate to the principal use of the property and is intended primarily to support the operations of the principal use or occupant. An accessory data processing and hosting use shall not be operated as a standalone commercial data processing and hosting business or provide hosting or data processing services to third parties as its primary function. 2. Data Processing and Hosting, Small. A principal use consisting of one or more buildings or portions of buildings that provide infrastructure for data Page 253 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH processing, storage, networking, cloud computing, artificial intelligence, or hosting services, including associated equipment and supporting systems. A Small Data Processing and Hosting Facility has a maximum electrical demand of less than 2.5 megawatts (MW). 3. Data Processing and Hosting, Major. A principal use consisting of one or more buildings or portions of buildings that provide infrastructure for data processing, storage, networking, cloud computing, artificial intelligence, or hosting services, including associated equipment and supporting systems. A Major Data Processing and Hosting Facility has a maximum electrical demand of 2.5 megawatts (MW) or greater. SECTION 5. That Section 14-200-06 of Chapter 14 of the City Code is hereby amended to read as follows: 14-200 USE GROUPS AND CATEGORIES 14-200-06 Industrial use group 14-200-06-A. Battery Energy Storage System (BESS). One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, including associated battery management systems, inverters, transformers, switchgear, utility interconnections, fire suppression equipment, and accessory equipment. 14-200-06-B. Utility-Scale Battery Energy Storage System. A Battery Energy Storage System with a total energy capacity exceeding 600 kWh and intended primarily to provide power to the electrical grid or wholesale energy markets. 14-200-06-C. Accessory Battery Energy Storage System. A Battery Energy Storage System serving an on-site principal use or renewable energy system. 14-200-06-D. Battery Storage Building. A structure containing one or more Battery Energy Storage Systems. SECTION 6. That Section 14-301-03-G of Chapter 14 of the City Code is hereby amended to read as follows: 14-301 OFFICE AND COMMERCIAL DISTRICTS 14-301-03 Uses 14-301-03-A. Use Table. Uses are allowed in O and C zoning districts in accordance with Table 301-1, below. 14-301-03-B. Use Classification System. For the purpose of this development ordinance, uses are classified into "use groups," "use categories," and "specific use types." These are described and defined in Article 14-200. The first column of Table 301-1 lists the groups, categories and types allowed in one or more O/C districts. Page 254 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-301-03-C. Permitted Uses. Uses identified with a "P" in Table 301-1 are permitted as-of- right in the subject zoning district, subject to compliance with all other applicable standards of this development ordinance. 14-301-03-D. Permitted Uses with Minimum Use Standards. Uses identified with a "C" in Table 301-1 are permitted as-of-right in the subject zoning district, subject to compliance with the Use Standards referenced in the right column of the Table, and all other applicable standards of this development ordinance. 14-301-03-E. Special Uses. Uses identified with an "S" in Table 301-1 may be allowed if reviewed and approved in accordance with the special use procedures of Article 14-704. 14-301-03-F. Prohibited Uses. Uses not listed and those identified with a "—" are expressly prohibited. 14-301-03-G. Use Standards. The "use standards" column of Table 301-1 identifies use-specific standards that apply to some uses. Compliance with such standards is required. Variances to use standards are prohibited. Table 301-1 Office and Commercial Districts Use Table P: Permitted   S: Special Use Permit Required   C: Conditional Uses   —: Not Allowed Use Category Zoning District Use Standards  Specific use type O-1 O-2 C-1 C-2 C-3 COMMERCIAL Construction Services  No outdoor storage of equipment or — — P P P materials  With outdoor storage of equipment and — — — — C 14-503 materials Data Processing and Hosting, Small C C 14-429 Drive-Through Facility — — P P P SECTION 7. That Section 14-302-03-G of Chapter 14 of the City Code is hereby amended to read as follows: 14-302 INDUSTRIAL DISTRICTS 14-302-03 Uses 14-302-03-A. Use Table. Uses are allowed in I zoning districts in accordance with Table 302-1, below. 14-302-03-B. Use Classification System. For the purpose of this development ordinance, uses are classified into "use groups," "use categories," and "specific use types." These are described and defined in Article 14-200. The first column of Table 302-1 lists the groups, categories and types allowed in one or more I districts. 14-302-03-C. Permitted Uses. Uses identified with a "P" in Table 302-1 are permitted as-of- right in the subject zoning district, subject to compliance with all other applicable standards of this development ordinance. Page 255 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH 14-302-03-D. Permitted Uses with Minimum Use Standards. Uses identified with a "C" in Table 302-1 are permitted as-of-right in the subject zoning district, subject to compliance with the Use Standards referenced in the right column of Table 302-1, and all other applicable standards of this development ordinance. 14-302-03-E. Special Uses. Uses identified with an "S" in Table 302-1 may be allowed if reviewed and approved in accordance with the special use procedures of Article 14-704. 14-302-03-F. Prohibited Uses. Uses not listed and those identified with a "—" are expressly prohibited. 14-302-03-G. Use Standards. The "use standards" column of Table 302-1 identifies use-specific standards that apply to some uses. Compliance with such standards is required. Variances to use standards are prohibited. Table 302-1 Industrial Districts Use Table P: Permitted   S: Special Use Permit Required   C: Conditional Uses   —: Not Allowed Use Category Zoning District Use Standards  Specific use type B-P/PUD I-1 I-2 Battery Energy Storage System S S 14-431 Data Processing and Hosting, Small P C P — 14-429 C Data Processing and Hosting, Major — S — 14-430 SECTION 8. That Section 14-400-13 of Chapter 14 of the City Code is hereby added to read as follows: 14-400 ACCESSORY USES AND STRUCTURES 14-400-13 Data Processing and Hosting Facility, Accessory 14-400-13-A. Applicability. This section applies to any accessory data processing and hosting facility, whether new or retrofitted, located within or attached to any principal structure. 14-400-13-B. Location. An accessory data processing and hosting facility shall be permitted wherever the principal use is permitted. 14-400-13-C. Enclosed Building. All accessory data-processing and hosting facilities must be fully contained within a completely enclosed building. 14-400-13-D. Adopted Codes. An accessory data processing and hosting facility shall comply with all applicable provisions of the City’s adopted building, fire, electrical, and mechanical codes. All installations, equipment, and related improvements shall be reviewed, permitted, and inspected in accordance with the requirements of the City. SECTION 9. That all other parts and provisions of the City Code shall be in full force and effect unless previously or subsequently amended or repealed. Page 256 of 516UDO Changes 26-175-03 Data Center & BESS 7/16/26-SH SECTION 10. That correction of any scriveners’ errors identified within these articles are hereby authorized by this ordinance. PASSED THIS _______ DAY OF __________, 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. Presiding Officer of the City Council of the City of Independence, Missouri ATTEST: City Clerk APPROVED - FORM AND LEGALITY: City Counselor REVIEWED BY: City Manager NOTE: Words struck through are being removed by this ordinance and words underscored and bolded are being added by this ordinance. Page 257 of 516 Planning Commission Staff Report Tom Scannell, Community Development MEETING DATE: July 14, 2026 STAFF: Director PROJECT NAME: UDO Amendment #80 CASE NUMBER / REQUEST: Case 26-175-03 – UDO Amendment #80 – Data Centers & Battery Energy Storage Systems (BESS) – A request to amend the Unified Development Ordinance relating to Data Centers and BESS. APPLICANT: City of Independence PUBLIC NOTICE: . Public notice published in Independence Examiner – June 27, 2026 FURTHER ACTION: Following action by the Planning Commission, this UDO Amendment is scheduled for first reading by City Council on August 3, 2026 and the public hearing/second reading on August 17, 2026. RECOMMENDATION Staff recommends APPROVAL of the proposed amendment to the Unified Development Ordinance. PROJECT DESCRIPTION & BACKGROUND INFORMATION PROJECT DESCRIPTION: The City requests approval of amendments to the Unified Development Ordinance (UDO) to establish new regulations governing Data Processing and Hosting Facilities (commonly referred to as data centers) and Battery Energy Storage Systems (BESS). The proposed amendments create Article 14-429, Small Data Processing and Hosting; Article 14-430, Major Data Processing and Hosting; and Article 14-431, Battery Energy Storage Systems. These articles establish development, operational, buffering, design, safety, application, reporting, and decommissioning standards for these uses. The office, commercial, and industrial use tables and related use group definitions have also been updated. Additionally, a new Section 14-400-13, Accessory Data Processing and Hosting, has been created. BACKGROUND: Data processing and hosting facilities have emerged as a rapidly growing component of industrial and technology-related development throughout the United States. These facilities provide infrastructure for cloud computing, data storage, artificial intelligence applications, web hosting, and other digital services that support modern commerce and communications. Page 1 Page 258 of 516 While data centers can represent significant private investment and contribute to local economic development, they also present unique land use considerations not commonly associated with traditional industrial development. These considerations include substantial electrical demand, water consumption, backup power generation, noise from mechanical equipment, large building footprints, visual impacts, and potential compatibility concerns with nearby residential neighborhoods and community facilities. The City's current UDO does not contain use-specific regulations for data processing and hosting facilities. As interest in this development type continues to increase, staff believes additional standards are appropriate to provide clear expectations for future development while protecting surrounding properties and community resources. As part of the amendment, staff established a tiered regulatory framework for data processing and hosting facilities to reflect their differing scales, operational impacts and infrastructure demands. Three use types have been created: 1. Accessory Data Processing and Hosting Facility – A subordinate use located within or attached to a principal structure, intended to support the primary use on the site. 2. Small Data Processing and Hosting Facility (< 2.5 MW) – A standalone or principal use facility with an electrical load of less than five megawatts, typically characterized by limited site impacts and compatibility with a broader range of zoning districts. 3. Major Data Processing and Hosting Facility (> 2.5 MW) – A high-capacity installation with an electrical load greater than five megawatts, generally requiring enhanced infrastructure, larger footprints, and elevated performance, siting, and buffering standards. This tiered approach ensures that each facility type is regulated proportionately to its scale and potential effects on surrounding properties, public infrastructure, and community character. Accessory Data Processing and Hosting UDO Amendment The proposed amendment establishes a new Section 14-400-13, Accessory Data Processing and Hosting Facility, as a defined and regulated accessory use. The section includes standards for applicability, location, enclosed building and compliance with the City’s adopted building, fire, electrical, and mechanical codes. An accessory data processing and hosting facility is incidental and subordinate to the principal use of the property and is intended solely to support the operations of that principal use. It may not function as a standalone commercial data processing or hosting operation nor may it provide hosting or data processing services to third parties as its primary purpose. This new section further clarifies that all such facilities must comply with the City’s adopted building, fire, electrical and mechanical codes. Small Data Processing and Hosting UDO Amendment Page 2 Page 259 of 516 The proposed amendment establishes a new Section 14-429, Small Data Processing and Hosting and creates development standards that recognize the scale of small data processing and hosting facilities while ensuring compatibility with surrounding development and minimizing impacts associated with mechanical equipment, noise, lighting, cooling systems, and backup power generation. These facilities would be allowed subject to the requirements of Section 14-429 in the C-2, C-3, BP/PUD and I-1 districts and include the following key provisions: Applicability This section establishes the purpose of the regulations and clarifies when the standards apply. It also includes a grandfathering provision allowing projects that have already received development approvals to proceed under the regulations that were in effect at the time of approval, including approved phased developments. This protects vested property rights while ensuring that future projects comply with the new standards. Setbacks The setback provisions recognize that a small data processing and hosting facility could occupy existing industrial or commercial buildings where requiring additional setbacks would be impractical. Existing buildings are deemed compliant, while new construction and building additions must satisfy the setback requirements of the underlying zoning district. Mechanical equipment is generally required to meet the same setbacks as the principal structure, although limited flexibility is provided when enhanced screening or buffering can achieve equivalent visual and noise mitigation. This approach balances redevelopment opportunities with compatibility for adjacent properties. Buffering and Screening This section ensures that exterior equipment associated with these facilities is appropriately screened from neighboring properties and public rights-of-way. Existing developments are not required to construct additional buffer yards unless new exterior equipment is installed, while new construction and a building addition must comply with the City's existing landscape and screening standards. Screening requirements for generators, transformers, cooling equipment, loading areas, and other service areas reduce visual impacts and improve compatibility with surrounding development. Parking Small data processing and hosting facilities typically employ relatively few personnel compared to traditional industrial or office uses. The proposed parking requirement bases parking on the maximum number of employees working during a single shift rather than building size, resulting in parking that more accurately reflects operational demand. Existing parking areas may remain unchanged unless modified, while any new or reconfigured parking must comply with current setback and screening requirements. Architectural and Design Requirements This section requires compliance with the City's existing commercial and industrial building design standards for both existing buildings or new construction. This ensures consistency throughout the UDO while maintaining high-quality building materials and architectural appearance. Page 3 Page 260 of 516 Lighting Exterior lighting associated with these facilities must comply with the City's existing lighting standards. These requirements help reduce glare, minimize light trespass onto adjacent properties, and maintain safe site illumination while protecting nearby development. Noise and Maintenance Requirements Mechanical equipment and backup generators have the potential to generate noise that can affect neighboring properties. The proposed standards require compliance with the City's existing noise ordinance while also limiting routine generator testing to normal weekday business hours, establishing monthly testing limits, requiring sound attenuation, and maintaining annual generator testing records. These standards allow facilities to maintain emergency backup systems while minimizing operational impacts on surrounding properties. Cooling Systems Cooling systems represent one of the primary operational components of data processing facilities. The proposed regulation requires facilities to utilize closed-loop cooling systems or technologies that achieve equivalent or lower water consumption while ensuring that cooling-related water demand does not exceed the City's available utility capacity. These standards promote efficient water use and help protect long-term utility resources. Decommissioning and Site Restoration Should a facility permanently cease operations, this section requires submission of a decommissioning plan and restoration of the site for future industrial or commercial use. Rather than requiring demolition of the principal building, the regulations encourage adaptive reuse by requiring the removal of specialized data processing equipment while preserving buildings, parking, utilities and other infrastructure that can support future tenants. This reduces the likelihood of vacant buildings and promotes long-term economic reuse of developed sites. Ongoing Compliance and Reporting To ensure continued compliance after construction, operators must submit an annual report documenting compliance with noise standards, cooling systems, landscaping, stormwater maintenance and generator testing requirements. The City is also authorized to conduct inspections as necessary to verify ongoing compliance with the ordinance. These provisions provide accountability throughout the operational life of the facility rather than limiting review to the initial development process. Violations and Enforcement This section establishes that violations of the ordinance may result in enforcement actions authorized under the UDO. The provision provides the City with the authority necessary to address noncompliance and ensure that approved operational standards continue to be met. Modifications Future expansions or substantial modifications to a facility's mechanical systems, electrical infrastructure, or site layout are subject to City review. This ensures that operational changes Page 4 Page 261 of 516 continue to meet the intent of the ordinance and are evaluated for potential impacts on surrounding properties. Zoning Districts As discussed above, Small Data Processing and Hosting uses are permitted in the C-2 (General Commercial), C-3 (Commercial Services), BP/PUD (Business Park/Planned Unit Development), and I-1 (Light Industrial) districts, subject to compliance with the standards established in Section 14-429. These zoning districts are intended to accommodate commercial, office, technology and light industrial activities that are compatible with enclosed data processing operations. Small data processing and hosting facilities typically function with limited employees, minimal customer traffic and no outdoor storage or manufacturing activities. Their operational characteristics are generally consistent with other commercial and office-based uses permitted within these districts. The standards contained in Section 14-429 ensure that potential impacts associated with these facilities including noise, mechanical equipment, screening, lighting, and utility infrastructure are appropriately addressed regardless of zoning district. Requiring compliance with these operational and development standards allows small data processing and hosting facilities to integrate into existing commercial and light industrial areas while protecting adjacent properties and maintaining compatibility with surrounding development. Major Data Processing and Hosting UDO Amendment PROPOSED AMENDMENT SUMMARY The proposed amendment creates a new Section 14-430, Major Data Processing and Hosting Facilities, allows these uses in the I-1 District with approval of a special use permit and includes the following key provisions: Applicability The standards apply to all new major data processing and hosting developments but exempt projects that submitted building permits, received final site plan approval, or obtained other applicable development entitlements prior to the effective date. Approved phased developments may continue under previously granted entitlements. Setbacks and Separation Requirements All structures, equipment, and appurtenances including inverters, transformers, auxiliary systems, and substations must maintain a minimum setback of 100 feet. Additionally, no data processing and hosting facility may be located within 500 feet of residential uses, schools, parks, playgrounds, daycare facilities, nursing homes, hospitals, or religious assembly uses. Distances are measured property-line to property-line, without regard to intervening structures. Buffering and Screening Standards A minimum 100-foot buffer yard is required where the major data hosting facility abuts residential zoning or residential use. A high-impact screen per Section 14-503 is required, and planting quantities Page 5 Page 262 of 516 must be increased by 25 percent. All mechanical yards, substations, switchyards, battery storage areas, and other exterior equipment must be fully screened from view from public or private streets, trails, and parks. Parking Standards Off-street parking adjacent to a public or private right-of-way must be set back at least 50 feet and screened using buildings, landscaped berms at least three feet in height, plantings, or combinations thereof. Screening must comply with Section 14-503. Data hosting facilities must provide a minimum of 1.5 off-street parking spaces per employee based on the maximum number of employees per shift. Architectural Design Standards Building design standards are included to address the visual appearance of large-scale facilities. These standards require enhanced façade treatments, architectural materials, building articulation, and design elements intended to reduce the appearance of large uninterrupted building walls. Buildings must incorporate at least four-sided façade design elements for every 500 feet of street-facing façade and at least two such elements for every 500 feet of other façades. Lighting All exterior lighting must comply with the standards of Section 14-508 of the UDO. Noise and Generator Regulations The proposed regulations require compliance with existing City noise standards and establish operational limitations for backup generators, including restrictions on testing frequency, testing hours, recordkeeping, and noise attenuation measures. Generator testing is limited to 10 hours per month and may occur only between 9:00 AM and 5:00 PM Monday–Friday, excluding federal holidays. Generators must be enclosed with sound-attenuating materials, and operators must maintain annual generator logs. Water Usage and Cooling Systems The amendment requires facilities to utilize closed-loop cooling systems or technologies with equivalent or lower water consumption and establishes a maximum average cooling-related water usage threshold. Community Benefit Agreements Facilities seeking public incentives would be required to enter into a Community Benefit Agreement (CBA) with the City. The agreement may address workforce development, local hiring, educational partnerships, infrastructure improvements, environmental sustainability measures, community investment, and other public benefits proportional to the requested incentives. Noncompliance may result in enforcement or the revocation of the incentive. Neighborhood Meeting Requirement A neighborhood meeting is required before any special use permit application is submitted. Notices are required to be mailed to all property owners within one mile at least 15 days prior to the meeting Page 6 Page 263 of 516 and posted onsite using standard city notice signs. Applicants must provide proof of notification, including mailings, affidavits, and photographs of posted signs. Decommissioning and Site Restoration A facility that ceases operations for 12 consecutive months is considered abandoned and must be decommissioned. A decommissioning plan must be submitted with the building permit and include removal of equipment, hazardous materials, structures, foundations, and fencing, along with site stabilization and restoration. The City may require financial assurance (i.e., bond, letter of credit, escrow, etc.) to guarantee completion. The amendment requires submission of a preliminary decommissioning plan with the special use permit application. The regulations are intended to ensure the site remains viable for future industrial or commercial redevelopment. Special Use Permit Application Requirements The special use permit application must include a noise impact assessment, water and energy usage plans, emissions analysis, environmental justice review, detailed site plan, stormwater studies, civil layout, building elevations, photometric plan, preliminary decommissioning plan, ownership disclosure, and waste-heat mitigation documentation. Annual Reporting and Compliance Monitoring Operators would be required to submit annual compliance reports documenting adherence to applicable operational standards, including noise monitoring, cooling system operation, landscape maintenance, stormwater facility maintenance, and generator testing records. Violations and Enforcement Failure to comply may result in enforcement, including suspension or revocation of the special use permit. Modifications Any expansion or substantial modification of a data hosting facility must be reviewed under current regulations. Zoning Districts. As discussed above, major data processing and hosting facilities require approval of a special use permit in the I-1 Districts. This is the only zoning district where the use may be considered. Staff does not recommend permitting this use in the I-2 Heavy Industrial District. The I-2 District is intended to accommodate the City's most intensive industrial operations, including heavy manufacturing, processing, mining, and the production or storage of materials that may involve significant off-site impacts. While major data processing and hosting facilities can occupy large buildings and require substantial utility infrastructure, they do not involve heavy industrial manufacturing or processing activities and generally have a different operational profile. The I-1 District, together with the proposed use-specific development standards and Special Use Permit review process, provides an appropriate regulatory framework for evaluating these facilities without expanding the use into areas intended for the City's most intensive industrial activities. Page 7 Page 264 of 516 Battery Energy Storage System (BESS) UDO Amendment BACKGROUND Battery Energy Storage Systems (BESS) are an emerging land use that support electrical grid reliability, renewable energy integration, peak demand management, and emergency power supply. While BESS facilities provide important infrastructure benefits, they also present unique land use, operational, and public safety considerations due to the storage of large quantities of electrical energy. The City's current UDO does not contain use-specific regulations governing utility-scale Battery Energy Storage Systems. As a result, staff have prepared a new Article 14-431 to establish development standards, safety requirements, operational regulations, and decommissioning procedures for these facilities. The proposed regulations were developed to provide a predictable review process for future projects while ensuring compatibility with surrounding land uses and protecting the public health, safety, and welfare. PROPOSED AMENDMENT SUMMARY The proposed amendment creates Article 14-431, Battery Energy Storage Systems (BESS), and establishes regulations addressing the siting, design, operation, maintenance, and eventual removal of utility-scale battery storage facilities. Key provisions of the proposed amendment include: Applicability This section establishes which battery energy storage systems fall under the new Article. It specifies that all utility-scale BESS facilities and battery storage buildings are subject to the requirements, while residential systems and small accessory systems under 600 kWh are exempt. It also clarifies that any BESS development that submitted for building permit or has been previously approved or authorized through site plans, building permits, or development plans or other applicable development approval or authorization may continue under prior entitlements, ensuring that the new regulations do not retroactively affect already-approved projects. Setback and Separation Requirements The Article establishes specific spatial requirements intended to minimize impacts on surrounding properties. All components of a BESS facility must maintain a minimum setback of 100 feet. Additionally, the facility must be located at least 100 feet from any property used or zoned for residential purposes or from sensitive public uses such as schools, parks, playgrounds, nursing homes, and hospitals. These distances are measured from property line to property line. The Independence Fire Department retains the authority to require additional setbacks in cases where the Hazard Mitigation Analysis identifies heightened risk. Buffering and Screening Page 8 Page 265 of 516 To reduce visual and aesthetic impacts, the Article requires significant buffering where BESS facilities abut residential properties. A 50-foot-wide buffer yard must be installed along shared boundaries, and high-impact screening must be used, supplemented with landscaping that exceeds standard requirements by 25 percent. Substations, mechanical yards, and similar exterior components must be fully screened from public streets, trails, and parks to ensure minimal off-site visibility. Fencing and Security Security provisions require that each BESS installation be enclosed by a minimum seven-foot-tall solid wall made of durable materials such as decorative concrete masonry or architecturally treated concrete panels. Walls may exceed typical height limits when needed for sound attenuation. Equipment must be fully screened unless a line-of-sight analysis confirms the wall height is sufficient. Gates must remain locked except during authorized access, and safety signage must clearly identify hazards, emergency contacts, and fire department access points. Landscaping Landscaping requirements are focused on the exterior of the facility, as no interior landscaping is required within the screening wall. Any applicable open-space landscaping requirements are fulfilled by the plant material placed outside the wall and within the required buffer areas. Parking and Site Access Parking needs are tailored to the operational nature of BESS sites. Facilities that include regular staffing must provide parking at a rate of 1.5 spaces per employee based on the highest shift level, with a minimum of three spaces. Even unstaffed sites must provide at least three dedicated parking spaces. All parking areas and access drives must be paved with asphalt or concrete consistent with City standards. Fire access roads and parking areas must be paved and constructed in accordance with City standards. Fire Protection and Safety Standards All BESS installations must comply with major building, fire, and electrical codes, including the International Fire Code, International Building Code, National Electrical Code, NFPA 855, NFPA 68, NFPA 69, and relevant UL testing requirements. The Fire Department may impose additional safety conditions during review. Operators must maintain all required permits throughout the life of the facility. Lighting Exterior lighting at BESS facilities must follow the standards set forth in Section 14-508 of the UDO, ensuring that lighting is properly shielded, directed, and controlled to minimize glare and off-site impacts. Noise Requirements Noise generated by the facility must always meet City noise ordinances. Backup generators must comply with strict operational rules, including testing only on weekdays between 9 a.m. and 5 p.m., limiting monthly testing to ten hours, and maintaining an enclosure that reduces noise. Operators must keep an annual generator testing log available for City review. Page 9 Page 266 of 516 Hazard Mitigation Analysis A Hazard Mitigation Analysis is required for each BESS proposal, prepared in accordance with the International Fire Code and NFPA 855. This analysis must be submitted for review by the Independence Fire Department at the same time as the Special Use Permit is considered. Emergency Response Plan Before the issuance of any building permit, the applicant must provide a detailed Emergency Response Plan meeting IFC and NFPA 855 standards. This plan must include system shutdown procedures, fire response measures, alarm protocols, inspection schedules, and training provisions for first responders. The Plan must be updated if facility operations materially change. Decommissioning and Financial Assurance The Article requires a comprehensive Decommissioning Plan prior to building permit issuance. The plan must describe the removal of equipment, recycling or disposal methods, site restoration procedures, and include a third-party engineer’s cost estimate using current dollars. Financial assurance such as a surety bond or letter of credit—must be in place to cover all decommissioning costs and must be verified annually. The Article also defines abandonment triggers, establishes a 180-day timeline to begin decommissioning following abandonment, and requires full site restoration verified by a licensed engineer. Application Process Applicants for BESS facilities shall submit a variety of technical documents, including a Noise Impact Assessment, detailed site plan, building elevations, photometric plan, operations and maintenance plan, hazard mitigation analysis, preliminary emergency response plan, preliminary decommissioning plan, and ownership disclosure with the special use permit application. These materials supplement all other technical study requirements under Section 14-700-06. Annual Compliance Certification Facility operators must submit an annual certification prepared by a qualified professional engineer confirming continued compliance with approved plans, operational requirements, fire protection systems, and emergency response procedures. Ownership/Operator Changes If ownership or operational control of a BESS facility changes, the successor must formally assume all obligations, including compliance with the Decommissioning Plan and financial assurance requirements. Written notice and updated documentation must be submitted to the City within 30 days; failure to do so voids the project’s approvals and requires reapplication. Analysis Data Processing and Hosting facilities and Battery Energy Storage Systems (BESS) represent evolving forms of industrial and utility-supporting infrastructure that present unique land use, operational, and public safety considerations not addressed by the existing UDO. Data Processing and Hosting Page 10 Page 267 of 516 facilities vary significantly in scale and intensity, ranging from accessory facilities that support a principal use, to small standalone facilities, to major data centers with substantial utility demands, backup power systems, and mechanical equipment. Similarly, Battery Energy Storage Systems require specialized standards addressing fire protection, emergency response, operational safety and decommissioning. The proposed amendment establishes a tiered regulatory framework for Data Processing and Hosting facilities by creating separate standards for Accessory, Small, and Major facilities based on their operational characteristics and potential impacts. This approach allows regulations to be appropriately scaled to the size and intensity of each use while ensuring that larger facilities are subject to additional review and operational standards. The amendment also establishes comprehensive regulations for Battery Energy Storage Systems that address site design, emergency preparedness, operational performance and long-term facility management. Collectively, these amendments provide predictable, use-specific development standards that offer greater certainty to property owners, developers, neighboring residents, and City staff during the development review process. Rather than prohibiting these emerging uses, the proposed regulations establish objective performance standards intended to ensure facilities are designed, constructed, operated, and ultimately decommissioned in a manner that protects public health, safety and welfare while minimizing impacts on surrounding properties. EXHIBITS 1. Section 14-429 Small Data Processing and Hosting 2. Section 14-430 Major Data Processing and Hosting 3. Section 14-431 Battery Energy Storage Systems (BESS) 4. Section 14-200-05 Commercial Use Group Category 5. Section 14-200-06 Industrial Use Group Category 6. Section 14-301-03 Office and Commercial Use Table 7. Section 14-302-03 Industrial Use Table 8. Section 14-400-13 Accessory Data Processing and Hosting Page 11 Page 268 of 516 Chapter 14 - UNIFIED DEVELOPMENT ORDINANCE ARTICLE 4. - USE REGULATIONS 14-429 SMALL DATA PROCESSING AND HOSTING 14-429 SMALL DATA PROCESSING AND HOSTING 14-429-01 Applicability The purpose of this section is to establish land use and design regulations for small data processing and hosting facilities to ensure compatibility with surrounding uses, protect nearby residential areas, and promote high-quality site and building design. Exception. The provisions of this section shall not apply to any small data processing and hosting development that has submitted a building permit, received final site plan approval, a preliminary development plan, a master development plan, or other applicable development approval prior to the effective date of this section. This exception shall include any approved phased development, including subsequent phases, buildings, structures, improvements, final site plans, and building permits that are contemplated by and consistent with the approved development plan. Such developments may proceed in accordance with the terms, conditions, and approved development entitlements in effect at the time of the original approval. 14-429-02 Setback. 14-429-02-A. Existing Buildings. When a small data processing and hosting facility is located within an existing, legally established building, the building’s existing setbacks shall be deemed to satisfy all required setbacks for the small data processing and hosting facility use. No additional building setback requirements shall apply. 14-429-02-B. New Construction or Additions. When a small data processing and hosting facility involves new construction or a building addition, the new construction or addition shall comply with the setback requirements of the underlying zoning district. 14-429-02-C. Equipment and Appurtenances. Exterior mechanical or electrical equipment, including generators, cooling units, and transformers, shall comply with the same setback requirements applicable to the principal structure, except as provided below. 1. Screening Option. A reduction in the required setbacks may be permitted if the applicant provides enhanced screening or buffering that achieves an equivalent level of visual and noise mitigation. 14-429-03 Buffer and Screening. 14-429-03-A. Existing Buildings. When a small data processing and hosting facility is established within an existing, legally conforming building: 1. The facility shall comply with the buffering and screening requirements applicable to the site at the time of establishment. 2. Additional buffer yard depth shall not be required unless new exterior mechanical or electrical equipment is installed. 14-429-03-B. New Construction or Addition. Newly constructed data processing and hosting facilities and additions to an existing building shall comply with the applicable buffering and screening requirements of Section 14-503, if required. 14-429-03-C. Mechanical and Service Area Screening (Applicable to Both Existing and New Facilities). All exterior equipment areas, loading/service areas, and backup power systems shall comply with the screening requirements of Section 14-503. Page 1 of 3 Page 269 of 516 14-429-04 Parking. 14-429-04-A. Minimum Off-Street Parking Requirement. A small data processing and hosting facility shall provide a minimum of 1.5 off-street parking spaces per employee based on the maximum number of employees present on a single shift. 14-429-04-B. Parking Setback and Screening – New Building or Addition. Off-street parking areas located adjacent to a public or private street right-of-way shall be set back in accordance with Section 14-503-05. Such parking areas shall be screened from view from the right-of-way by one or a combination of the following: (1) buildings; (2) a berm with a minimum height of three (3) feet in combination with plant materials; or (3) a combination of buildings, berms, and plant materials. All required screening shall be installed and maintained in accordance with Section 14-503. 14-429-04-C. Parking Setback and Screening – Existing Building. When a small data processing and hosting facility is located within an existing, legally established building and no changes are proposed to the existing parking lot configuration, the existing parking setbacks shall be deemed to satisfy all required parking setbacks for the use. No additional parking setback requirements shall apply except as provided below. 1. When a small data processing and hosting facility involves the construction of new parking areas or the reconstruction of existing parking areas, all new or modified parking areas shall comply with the parking setback requirements Section 14-503-05. 14-429-05 Architectural and design requirements. All small data processing and hosting buildings including all primary facilities, support structures and ancillary buildings shall comply with Section 14-506. 14-429-06 Lighting All exterior lighting associated with a small data processing and hosting use shall be designed, installed, and maintained in full compliance with the standards set forth in Section 14-508 of this Code. 14-429-07 Noise and maintenance requirements. 14-429-07-A. All noise generated by a small data processing and hosting facility and any associated or ancillary uses, equipment, or operations shall comply at all times with the applicable noise standards set forth in Chapter 7 of the City Code. 14-429-07-B. All on-site generators shall comply with the following requirements: 1. Testing Duration. Routine testing and maintenance operation of generators shall not exceed a total of ten (10) hours per calendar month, per generator. 2. Testing Hours. Routine testing and maintenance shall occur only between the hours of 9:00 a.m. and 5:00 p.m., local time, Monday through Friday, excluding federal holidays. 3. Noise Attenuation. Generators shall be enclosed within a sound-attenuating enclosure or wall designed to minimize noise impacts and ensure compliance with Chapter 7 of the City Code. 4. Recordkeeping. The property owner or operator shall maintain a generator testing log documenting dates, times, and duration of all testing and maintenance activities. Such log shall be submitted annually to the Director as part of the required compliance report and made available upon request. 5. Operational Limitations. Except for routine testing, maintenance, or initial commissioning, generators shall be operated solely for backup or emergency purposes. 14-429-08 Cooling System All small data processing and hosting facilities shall utilize closed-loop cooling systems or other cooling technologies that achieve equivalent or lower water consumption. Cooling-related water demand shall not exceed the maximum capacity the City determines is available to serve the facility. Page 2 of 3 Page 270 of 516 Sec. 14-429-09 Decommissioning and Site Restoration 14-429-09-A. Decommissioning Required. A small data processing and hosting facility that ceases operations for a continuous period of twelve (12) months shall be considered abandoned and shall be decommissioned in accordance with this Section, unless an extension is approved by the City upon demonstration of a good-faith effort to resume operations. 14-429-09-B. Decommissioning Plan. Prior to the issuance of a building permit, the property owner shall submit a Decommissioning Plan prepared by a qualified professional. The plan shall describe the method and timeline for removing the facility and restoring the site for future industrial or commercial use. 14-429-09-E. Completion of Decommissioning. All decommissioning activities shall be completed within twelve (12) months following abandonment of the facility, unless an extension is approved by the City. 14-429-09-F. Site Condition Upon Completion. Upon completion of decommissioning, the site shall be left in a clean, safe, and stable condition suitable for future industrial or commercial occupancy and redevelopment. The Decommissioning Plan shall identify the improvements proposed to remain on the site, including the principal building, parking areas, utility infrastructure, stormwater facilities, and access drives, and shall describe the actions necessary to ensure such improvements remain functional and marketable for future users. The intent of this Section is to facilitate the adaptive reuse of the building and site by requiring the removal of data center-specific equipment and infrastructure while preserving the improvements necessary to support future industrial or commercial operations. 14-429-10 Ongoing Compliance and Reporting. 14-429-10-A. The operator shall submit an annual compliance report to the City in a form and manner acceptable to the City, which shall, at a minimum, include the following: 1. Noise monitoring data demonstrating compliance with applicable City Code requirements; 2. Documentation verifying continued operation of required cooling systems; 3. Records demonstrating ongoing landscape installation and maintenance in accordance with approved plans and applicable standards; 4. Maintenance and operations plan for all on-site required stormwater facilities. 5. Generator testing logs, including dates, duration, and confirmation of compliance with applicable operational limitations. 14-429-10-B. The City shall have the right to conduct inspections of the site at reasonable times and upon reasonable notice, or without notice in the event of an emergency or suspected violation, as necessary to verify compliance with this Section and all applicable provisions of the City Code. 14-429-11 Violations and Enforcement. Failure to comply with the requirements of this Section or any conditions of approval shall constitute a violation of this Chapter and may subject the permit holder to enforcement action, including, but not limited to, suspension or revocation of the Special Use Permit, as provided by applicable law. 14-429-12 Modifications. Any expansion or substantial modification of a data processing and hosting facility, including but not limited to alterations to mechanical systems, power infrastructure, or site configuration, shall be subject to review and approval in accordance with the requirements of this Chapter. Page 3 of 3 Page 271 of 516 Chapter 14 - UNIFIED DEVELOPMENT ORDINANCE ARTICLE 4. - USE REGULATIONS 14-430 MAJOR DATA PROCESSING AND HOSTING 14-430 MAJOR DATA PROCESSING AND HOSTING 14-430-01 Applicability The purpose of this section is to establish land use and design regulations for major data processing and hosting facilities to ensure compatibility with surrounding uses, protect nearby residential areas, and promote high-quality site and building design. Exception. The provisions of this section shall not apply to any major data processing and hosting development that has submitted a building permit, received final site plan approval, a preliminary development plan, a master development plan, or other applicable development approval prior to the effective date of this section. This exception shall include any approved phased development, including subsequent phases, buildings, structures, improvements, final site plans, and building permits that are contemplated by and consistent with the approved development plan. Such developments may proceed in accordance with the terms, conditions, and approved development entitlements in effect at the time of the original approval. 14-430-02 Setback and Separation 14-430-02-A. Any structures, equipment/appurtenance, including but not limited to auxiliary systems, inverters, transformers, and substation, shall maintain a minimum setback of one hundred (100) feet. 14-430-02-B. The distances above shall be measured from the closest edge of the structure, storage building, equipment or appurtenance. 14-430-02-C. No major data processing and hosting facility shall be located within 500 feet of land used for residential use or for public activity purposes such as schools, parks/recreation, playgrounds, daycare, nursing home, hospitals, and religious assembly, whether said use is located within the City or outside of the City. The distance between the major data processing and hosting facility and these uses will be measured in a straight line, without regard to intervening structures or properties, from the closest property line to closest property line. 14-430-03 Buffer and Screening 14-430-03-A. A major data processing and hosting facility shall provide a minimum buffer yard of one hundred (100) feet in width along any property line that abuts a lot zoned for residential use or occupied by a residential use. A high-impact screen, as defined and required by Section 14-503, shall be installed and maintained along all such property lines. In addition to the requirements of Section 14-503, the quantity of required plant materials within the buffer yard shall be increased by twenty-five (25) percent. 14-430-03-B. All substations, electrical yards, switch yards, mechanical yards, battery energy storage systems, and any other exterior equipment or appurtenances shall be fully screened from view from any adjacent public street, private street, trail, or park. Screening shall be provided in a manner consistent with Section 14-503 and maintained in good condition so as to remain effective at all times. 14-430-04 Parking. 14-430-04-A. Parking Setback and Screening. Off-street parking areas located adjacent to a public or private street right-of-way shall be set back a minimum of fifty (50) feet from the edge of the right-of-way. Such parking areas shall be screened from view from the right-of-way by one or a combination of the following: (1) buildings; (2) a berm with a minimum height of three (3) feet in combination with plant materials; or (3) a Page 1 of 6 Page 272 of 516 combination of buildings, berms, and plant materials. All required screening shall be installed and maintained in accordance with Section 14-503. 14-430-04-B. Minimum Off-Street Parking Requirement. All major data processing and hosting facilities shall provide a minimum of 1.5 off-street parking spaces per employee based on the maximum number of employees present on a single shift. 14-430-05 Architectural and design requirements 14-430-05-A. All major data processing and hosting buildings including all primary facilities, support structures and ancillary buildings shall be constructed of similar building materials from the same color and materials palette. 14-430-05-B. All buildings identified in paragraph A above shall comply with the following: 1. Architectural Materials. A minimum of 40% of front and street-side facades and a minimum of 20% of side and rear facades shall be comprised of at least two of the following elements. Percentages are calculated as the total building façade area and can be comprised of any combination of the following architectural materials. a. Exterior colors, finishes and materials other than the primary color or smooth cast-concrete. Acceptable materials may include metal composite panels, stone, wood, brick, glass block, tile, cast metal, cast, split-face CMU, cultured stone, textured or patterned concrete panels, other forms of masonry panel* or similar as determined by the Community Development Director. b. Windows or glazing (windows may be transparent, opaque or spandrel glass). c. Architectural grilles and/or decorative screens. 2. Building Design Elements. Front and streetside facades shall include at least four of the following elements for every 500 linear feet of building facade. Side and rear facades shall include at least two of the following elements for every 500 linear feet of building facade. a. Louvered or vertical sunshades b. Awnings or canopies c. Pilasters or columns distributed evenly across the facade d. Water table consisting of masonry that extends at least 3 feet above the e. Ground f. Articulated columns g. Embedded linear glow or accent lighting h. Building projections of greater than 5 feet in depth, evenly distributed across the facade i. Change in roofline height or angle such as a butterfly roof, curved roofline, parapet, or shed roof j. Modulated building heights 5 feet or greater k. Accentuated building entrance including multistory windows, and entrance canopies or trellises, and clerestory windows l. Horizontal roofline banding 14-430-06 Lighting All exterior lighting associated with a major data processing and hosting use shall be designed, installed, and maintained in full compliance with the standards set forth in Section 14-508 of this Code. 14-430-07 Noise and maintenance requirements 14-430-07-A. All noise generated by a major data processing and hosting facility and any associated or ancillary uses, equipment, or operations shall comply at all times with the applicable noise standards set forth in Chapter 7 of the City Code. Page 2 of 6 Page 273 of 516 14-430-07-B. All on-site generators shall comply with the following requirements: 1. Testing Duration. Routine testing and maintenance operation of generators shall not exceed a total of ten (10) hours per calendar month, per generator. 2. Testing Hours. Routine testing and maintenance shall occur only between the hours of 9:00 a.m. and 5:00 p.m., local time, Monday through Friday, excluding federal holidays. 3. Noise Attenuation. Generators shall be enclosed within a sound-attenuating enclosure or wall designed to minimize noise impacts and ensure compliance with Chapter 7 of the City Code. 4. Recordkeeping. The property owner or operator shall maintain a generator testing log documenting dates, times, and duration of all testing and maintenance activities. Such log shall be submitted annually to the Director as part of the required compliance report and made available upon request. 5. Operational Limitations. Except for routine testing, maintenance, or initial commissioning, generators shall be operated solely for backup or emergency purposes. 14-430-08 Cooling System All major data processing and hosting facilities shall utilize closed-loop cooling systems or other cooling technologies that achieve equivalent or lower water consumption. Cooling-related water demand shall not exceed the maximum capacity the City determines is available to serve the facility. 14-430-09 Community Benefit Agreement Requirement for Incentives 14-430-09-A. Applicability. Any major data processing and hosting facility that receives, applies for, or seeks approval of any local, state, or federal economic development incentive, including but not limited to tax abatement, tax increment financing, community improvement district assistance, transportation development district assistance, Chapter 100 financing, state tax credits, utility incentives, infrastructure assistance, or other public financial assistance, shall be required to enter into a Community Benefit Agreement (CBA) with the City as a condition of approval of such incentive. 14-430-09-B. Purpose. The purpose of the Community Benefit Agreement is to ensure that projects receiving public financial assistance provide measurable benefits to the community that are proportional to the public investment. 14-430-09-C. Community Benefit Agreement Requirements. The Community Benefit Agreement shall be approved by the City Council and may include, but is not limited to, commitments related to: 1. Workforce development, apprenticeship programs, and skilled trade training opportunities; 2. Local hiring goals and recruitment efforts for City residents; 3. Partnerships with local educational institutions, including internships, scholarships, curriculum support, or workforce training programs; 4. Contributions toward public infrastructure improvements; 5. Environmental sustainability measures exceeding the minimum requirements of this Article; 6. Community grants, charitable contributions, or support for public facilities and programs; 7. Digital inclusion initiatives, technology education programs, or other programs that enhance community access to technology; and 8. Any other public benefits determined by the City Council to advance the health, safety, welfare, and economic prosperity of the community. 14-430-09-F. Failure to Comply. Failure to comply with the terms of an approved Community Benefit Agreement may constitute a violation of this Article and may result in enforcement actions authorized by this Code, in addition to any remedies provided in the incentive agreement or Community Benefit Agreement. Page 3 of 6 Page 274 of 516 14-430-10 Neighborhood Meeting 14-430-10-A. Neighborhood Meeting Requirement A neighborhood meeting is required for all proposed major data processing and hosting facilities prior to the submission of any discretionary development application, including but not limited to special use permits, rezoning requests, or site plan approvals. 14-430-10-B. Notification Radius The applicant shall provide written notification of the neighborhood meeting to all property owners of record located within 1 mile of the boundaries of the subject property. 14-430-10-C. Notification Method and Timing • The notices shall be mailed no fewer than 15 days prior to the date of the neighborhood meeting. • The notice shall include the date, time, location, and purpose of the meeting; a brief description of the proposed data center; and contact information for the applicant or project representative. 14-430-10-D. Posting of Signs • The applicant shall post one or more public notice signs on the subject property. • Signs must be of the standard size and format required by the City for development-related public notices. • Signs must be clearly visible from adjacent public streets and posted at least 15 days prior to the neighborhood meeting. • The signs shall state the date, time, location, and purpose of the neighborhood meeting. 14-430-10-E. Proof of Notification Prior to application acceptance, the applicant shall provide: • A list of all property owners notified; • A copy of the mailed notice; • An affidavit of mailing; and • Photographic evidence showing the posted signs. Sec. 14-430-11 Decommissioning and Site Restoration 14-430-11-A. Decommissioning Required. A major data processing and hosting facility that ceases operations for a continuous period of twelve (12) months shall be considered abandoned and shall be decommissioned in accordance with this Section, unless an extension is approved by the City upon demonstration of a good-faith effort to resume operations. 14-430-11-B. Decommissioning Plan. Prior to the issuance of a building permit, the property owner shall submit a preliminary Decommissioning Plan prepared by a qualified professional. The plan shall describe the method and timeline for removing the facility and restoring the site for future industrial or commercial use. 14-430-11-C. Minimum Plan Requirements. The Decommissioning Plan shall include, at a minimum: 1. Removal of all data center equipment, including servers, racks, batteries, generators, transformers, cooling equipment, fuel storage systems, telecommunications equipment, and associated mechanical and electrical systems; 2. Removal of all hazardous materials and disposal in accordance with applicable federal, state, and local regulations; 3. Removal of above-ground structures and foundations to a minimum depth of three (3) feet below finished grade, unless the City determines that specific improvements may remain to support future industrial development; 4. Removal of security fencing, screening, signage, and other accessory structures not intended for reuse; 5. Stabilization and grading of disturbed areas to prevent erosion and drainage impacts; 6. Restoration of the site to a condition suitable for future industrial or commercial redevelopment, including preservation or restoration of access drives, utility connections, stormwater facilities, and other infrastructure that may support future development; and 7. An estimated cost of decommissioning prepared by a qualified professional. 14-430-11-D. Financial Assurance. The City may require the owner to provide financial assurance in a form acceptable to the City, including but not limited to a bond, irrevocable letter of credit, escrow account, or other security, to guarantee completion of decommissioning activities. Page 4 of 6 Page 275 of 516 14-430-11-E. Completion of Decommissioning. All decommissioning activities shall be completed within twelve (12) months following abandonment of the facility, unless an extension is approved by the City. 14-430-11-F. Site Condition Upon Completion. Upon completion of decommissioning, the site shall be left in a clean, safe, and stable condition suitable for future industrial or commercial occupancy and redevelopment. The Decommissioning Plan shall identify the improvements proposed to remain on the site, including the principal building, parking areas, utility infrastructure, stormwater facilities, and access drives, and shall describe the actions necessary to ensure such improvements remain functional and marketable for future users. The intent of this Section is to facilitate the adaptive reuse of the building and site by requiring the removal of data center-specific equipment and infrastructure while preserving the improvements necessary to support future industrial or commercial operations. 14-430-12 Application Process 14-430-12-A. Additional Submittal Requirements for Special Use Permit. The applicant shall submit the materials required by Sec. 14-703 and, in addition, the following: 1. Noise Impact Assessment and Mitigation Plan. A report prepared by a qualified acoustical engineer that evaluates all existing and proposed noise sources associated with the major data processing and hosting facility and demonstrates compliance with all applicable provisions of the City Code. 2. Water Usage and Mitigation Plan. A report prepared by a qualified engineer that evaluates the proposed water usage associated with the major data processing and hosting facility and demonstrates compliance will applicable provisions of the City Code. 3. Energy Usage and Mitigation Plan. A report prepared by a qualified engineer that evaluates the proposed energy usage associated with the major data processing and hosting facility and mitigates any potential impacts to current rate payers. 4. On Site Emissions. A report prepared by a qualified engineer that evaluates all proposed on site emissions associated with the major data processing and hosting facility and demonstrates compliance with all applicable provisions of state, federal and City Code. 5. Displacement and Environmental Justice Impact. A study evaluating whether the proposed major data processing and hosting facility would disproportionately affect nearby residents, businesses, or historically disadvantaged communities through increased environmental burdens, redevelopment pressure, or displacement. 6. Detailed Site Plan. A site plan prepared by a qualified design professional that clearly depicts the location and layout of all buildings, structures, mechanical equipment, substations, screening elements, fencing, access points, and required buffer areas, and demonstrates compliance with this Section. 7. Preliminary Storm Water Studies. A preliminary storm water study prepared by a qualified engineer that addresses existing condition assessment, hydrologic and hydraulic analysis and proposed stormwater management approach. 8. Civil Site Layout. A civil site layout by a qualified design professional that clearly depicts the location of water service lines, sanitary sewer service lines, storm sewer and flood control facilities, impacts to the road network, and all necessary municipal utility extensions. The facility shall follow all codes and permit requirements of the City of Independences Code of Ordinances and the Design and Construction Manual. 9. Building Elevations. Elevation drawings prepared by a licensed architect that depict all exterior building facades and demonstrate compliance with the architectural standards set forth in this Section. 10. Photometric Plan. A photometric plan prepared by a qualified professional that illustrates all proposed exterior lighting levels and fixtures and demonstrates compliance with the lighting standards of Section 14-508. 11. Preliminary Decommissioning Plan. A preliminary Decommissioning Plan prepared by a qualified professional that addresses the requirements of this Article. Page 5 of 6 Page 276 of 516 12. Ownership Disclosure. The application shall disclose the identity of parties in interest to the public that shall include the name of all companies involved in major data processing and hosting project, including developer, shell companies, data processing and hosting operators, and financers. 13. Waste Heat/Ventilation. All external ventilation on structures associated with the major data processing and hosting facility should be designed in a manner that does not result in waste heat, or heat generated as a byproduct of major data processing and hosting operations, adversely impacting adjacent properties. Exhausts, chimneys, and other sources of waste heat should be designed in a manner that directs waste heat away from adjacent properties. 14-430-12-B. Notwithstanding the requirements set forth in subsection (A) above, all applicable technical studies required under Section 14-700-06 shall also be submitted and shall govern to the extent applicable. 14-430-13 Ongoing Compliance and Reporting 14-430-13-A. The operator shall submit an annual compliance report to the City in a form and manner acceptable to the City, which shall, at a minimum, include the following: 1. Noise monitoring data demonstrating compliance with applicable City Code requirements; 2. Documentation verifying continued operation of required cooling systems; 3. Records demonstrating ongoing landscape installation and maintenance in accordance with approved plans and applicable standards; 4. Maintenance and operations plan for all on-site required stormwater facilities. 5. Generator testing logs, including dates, duration, and confirmation of compliance with applicable operational limitations. 14-430-13-B. The City shall have the right to conduct inspections of the site at reasonable times and upon reasonable notice, or without notice in the event of an emergency or suspected violation, as necessary to verify compliance with this Section and all applicable provisions of the City Code. 14-430-14 Violations and Enforcement Failure to comply with the requirements of this Section or any conditions of approval shall constitute a violation of this Chapter and may subject the permit holder to enforcement action, including, but not limited to, suspension or revocation of the Special Use Permit, as provided by applicable law. 14-430-15 Modifications Any expansion or substantial modification of a major data processing and hosting facility, including but not limited to alterations to mechanical systems, power infrastructure, or site configuration, shall be subject to review and approval in accordance with the requirements of this Chapter. Page 6 of 6 Page 277 of 516 Chapter 14 - UNIFIED DEVELOPMENT ORDINANCE ARTICLE 4. - USE REGULATIONS 14-431 BATTERY ENERGY STORAGE SYSTES (BESS) 14-431 BATTERY ENERGY STORAGE SYSTEMS (BESS) 14-431-01 Applicability The purpose of this section is to establish land use and design regulations for battery energy storage systems (BESS) to ensure compatibility with surrounding uses, protect nearby residential areas, and promote high-quality site and building design. 14-431-01-A. This Article shall apply to all utility-scale battery energy storage systems and Battery Storage Buildings, except as excluded below. 14-431-01-B. Residential battery systems serving a single-family, duplex, townhouse, or multifamily dwelling and installed in accordance with adopted building and fire codes shall be exempt from the requirements of this Article. 14-431-01-C. Accessory battery energy storage systems serving commercial or industrial uses with a total capacity of less than 600 kWh shall comply with applicable building and fire codes and shall be exempt from the requirements of this Article. 14-431-01-D. The provisions of this section shall not apply to any battery energy storage system development that has submitted a building permit or received final site plan approval, a preliminary development plan, a master development plan, or other applicable development approval or authorization prior to the effective date of this section. This exception shall include any approved phased development, including subsequent phases, buildings, structures, improvements, final site plans, and building permits that are contemplated by and consistent with the approved development plan. Such developments may proceed in accordance with the terms, conditions, and approved development entitlements in effect at the time of the original approval. 14-431-02 Setback and Separation 14-431-02-A. Any structure, equipment/appurtenance, including but not limited to auxiliary systems, inverters, transformers, and substation, shall maintain a minimum setback of one hundred (100) feet. 14-431-02-B. The distances above shall be measured from the closest edge of the battery enclosure, container, storage building, equipment or appurtenance. 14-431-02-C. No BESS facility shall be located within 100 feet of land used for residential use or for public activity purposes such as schools, parks/recreation, playgrounds, daycare, nursing home, hospitals, and religious assembly, whether said use is located within the City or outside of the City. The distance between the BESS facility and these uses will be measured in a straight line, without regard to intervening structures or properties, from the closest property line to closest property line. 14-431-02-D. The Independence Fire Department may require additional setbacks based upon site-specific hazards identified through the Hazard Mitigation Analysis. 14-431-03 Buffer and Screening 14-431-03-A. Any property containing a BESS facility shall provide a buffer yard with a minimum width of fifty (50) feet along any property line that abuts a lot zoned or used for residential use. A high-impact screen, as defined and required in Section 14-503, shall be installed and maintained along all such property lines. The quantity of plant materials required within the buffer yard shall be increased by twenty-five percent (25%) above the minimum standards established in Section 14-503. Page 1 of 6 Page 278 of 516 Chapter 14 - UNIFIED DEVELOPMENT ORDINANCE ARTICLE 4. - USE REGULATIONS 14-431 BATTERY ENERGY STORAGE SYSTES (BESS) 14-431-03-B. All substations, electrical yards, mechanical yards, and any other exterior equipment or appurtenances shall be fully screened from view from any adjacent public street, private street, trail, or park. Screening shall be provided in a manner consistent with Section 14-503 and maintained in good condition so as to remain effective at all times. 14-431-04 Fencing and Security 14-431-04-A. A BESS facility shall be fully enclosed by a minimum seven (7) foot high, non-scalable, solid wall. The required wall shall be located outside of all applicable zoning district setback areas. Walls shall be constructed of either decorative concrete masonry units with a split-face or other textured finish, or concrete tilt-up panels incorporating architectural treatments such as reveals, patterns, and/or trim lines to provide visual articulation. All fencing and/or enclosure components shall comply with applicable provisions of NFPA 70. 14-431-04-B. When required for sound attenuation, a wall that is an integral component of a large-scale battery energy storage system may exceed the maximum fence or wall height otherwise permitted. However, under no circumstances shall such a fence or wall exceed the maximum height allowed in the zoning district. 14-431-04-C. No equipment or appurtenances—including but not limited to auxiliary systems, inverters, transformers, and substations—shall exceed the height of the screening wall unless a line-of-sight analysis demonstrates that the wall height is sufficient to fully screen such equipment and appurtenances. 14-431-04-D. All gates shall be secured except during maintenance or emergency access. 14-431-04-E. Facilities shall include warning signage identifying: 1. Emergency contact information; 2. Hazardous voltage warnings; 3. Fire department access points; and 4. Emergency shutdown procedures. 14-431-05. Landscaping 14-431-05-A. No landscaping is required on the interior side of the screen wall regardless of the percentage of landscape open space required. 14-431-05-B. The minimum required open space, as required by this development ordinance, shall be limited to the perimeter landscaping surrounding the perimeter screening wall or fence. 14-431-06 Parking 14-431-06-A. For BESS facilities that are regularly occupied by employees or contractors, off-street parking shall be provided at a rate of one and one-half (1.5) parking spaces for each employee based on the maximum number of employees present during any single shift. In no case shall fewer than three (3) off-street parking spaces be provided. 14-431-06-B. For unoccupied sites, a minimum of three (3) parking spaces shall be provided. 14-431-06-C. All parking areas, fire access roads, and drive aisles shall be surfaced with asphalt or concrete and constructed in accordance with the standards of Section 14-501 and Chapter 20 of the City Code. 14-431-07 General Development Standards 14-431-07-A. All Battery Energy Storage Systems shall comply with applicable editions of: Page 2 of 6 Page 279 of 516 Chapter 14 - UNIFIED DEVELOPMENT ORDINANCE ARTICLE 4. - USE REGULATIONS 14-431 BATTERY ENERGY STORAGE SYSTES (BESS) 1. International Fire Code (IFC); 2. International Building Code (IBC); 3. National Electrical Code (NEC); 4. NFPA 855 Standard for the Installation of Stationary Energy Storage Systems; 5. NFPA 68 – Standard on Explosion Protection by Deflagration Venting 6. NFPA 69 – Standard on Explosion Prevention Systems 7. Component certifications (UL 1973 for batteries, UL 1741 for inverters) 8. UL 9540 and UL 9540A testing requirements; and 9. Any additional requirements imposed by the Independence Fire Department. 14-431-07-B. The BESS operator shall maintain all required permits and inspections throughout the life of the facility. 14-431-08 Lighting All exterior lighting associated with a BESS facility shall be designed, installed, and maintained in full compliance with the standards set forth in Section 14-508 of this Code. 14-431-09 Noise and maintenance requirements 14-431-09-A. All noise generated by a BESS and any associated or ancillary uses, equipment, or operations shall comply at all times with the applicable noise standards set forth in Chapter 7 of the City Code. 14-431-09-B. All on-site generators shall comply with the following requirements: 1. Testing Duration. Routine testing and maintenance operation of generators shall not exceed a total of ten (10) hours per calendar month, per generator. 2. Testing Hours. Routine testing and maintenance shall occur only between the hours of 9:00 a.m. and 5:00 p.m., local time, Monday through Friday, excluding federal holidays. 3. Noise Attenuation. Generators shall be enclosed within a sound-attenuating enclosure or wall designed to minimize noise impacts and ensure compliance with Chapter 7 of the City Code. 4. Recordkeeping. The property owner or operator shall maintain a generator testing log documenting dates, times, and duration of all testing and maintenance activities. Such log shall be submitted annually to the Director as part of the required compliance report and made available upon request. 5. Operational Limitations. Except for routine testing, maintenance, or initial commissioning, generators shall be operated solely for backup or emergency purposes. 14-431-10 Hazard Mitigation Analysis 14-431-10-A. A Hazard Mitigation Analysis shall be prepared in accordance with the adopted IFC and NFPA 855 and submitted to the Independence Fire Department. 14-431-11 Emergency Response Plan 14-431-11-A. An Emergency Response Plan (ERP) shall be prepared in accordance with the adopted International Fire Code (IFC) and NFPA 855. Prior to issuance of any building permit, the final ERP shall be submitted to and approved by the Independence Fire Department. 14-431-11-B. The operator of a BESS facility shall update the Emergency Response Plan upon any material modification to the facility or its operations. Page 3 of 6 Page 280 of 516 Chapter 14 - UNIFIED DEVELOPMENT ORDINANCE ARTICLE 4. - USE REGULATIONS 14-431 BATTERY ENERGY STORAGE SYSTES (BESS) 14-431-12 Decommissioning Plan and Financial Assurance 14-431-12-A. Prior to the issuance of any building permit, the applicant shall submit a Decommissioning Plan. The plan shall identify the anticipated removal of equipment and restoration of the site upon abandonment, discontinuation of operation, or the end of the facility's useful life. 14-431-12-B. Minimum Requirements. The decommissioning plan shall include: 1. Identification of the property owner, facility owner, and facility operator. 2. A description of the facility, the Battery Energy Storage System and its principal components, total storage capacity, number and type of battery containers and expected operational life of the facility. 3. A narrative describing the proposed decommissioning process, removal procedures and recycling and disposal. 4. Identification of all structures, equipment, foundations, utilities, fencing, and appurtenances proposed to be removed. 5. A description of site restoration activities, including grading, stabilization, revegetation, and repair of disturbed areas. 6. A description of how materials will be reused, recycled, or disposed of in accordance with applicable laws and regulations. 7. The plan shall include a detailed third-party estimate of the total cost to decommission the facility and restore the site. The estimate shall assume the City contracts for removal by a third-party contractor, include mobilization, transportation, disposal, recycling, environmental remediation, site restoration, permitting, engineering, and administrative costs, and Be expressed in current dollars. 14-431-12-C. The decommissioning plan shall be reviewed every five (5) years for the purpose of updating the costs for decommissioning and, if applicable, updating the financial assurance identified below. 14-431-12-D. Financial Assurance. 1. Prior to the issuance of any building permit, the applicant shall submit financial assurance in the form of a surety bond, irrevocable letter of credit, or an equivalent financial assurance mechanism to guarantee that funds are available to cover all costs associated with activities identified in the Decommissioning Plan. 2. Annual Verification of Financial Assurance. The owner shall submit proof annually that all required financial assurance remains valid and in force. Failure to provide such documentation shall constitute a zoning violation and may result in suspension or revocation of permits. 3. The financial assurance shall remain in effect until the City determines that decommissioning has been satisfactorily completed. 14-431-12-E. Abandonment. A Battery Energy Storage System shall be deemed abandoned upon the occurrence of any of the following: 1. Failure to maintain electrical interconnection for twelve (12) consecutive months. 2. Failure to store, transmit, or discharge electricity for twelve (12) consecutive months. 3. Written notice by the owner indicating intent to cease operations. 4. Revocation of required permits without corrective action. 5. Bankruptcy or dissolution of the facility owner without an approved successor operator. The City may require documentation demonstrating continued operation of the facility. 14-431-12-F. Decommissioning Trigger 1. Decommissioning activities shall commence within one hundred eighty (180) days following abandonment. Page 4 of 6 Page 281 of 516 Chapter 14 - UNIFIED DEVELOPMENT ORDINANCE ARTICLE 4. - USE REGULATIONS 14-431 BATTERY ENERGY STORAGE SYSTES (BESS) 2. All decommissioning activities shall be completed within twelve (12) months unless extended by the City for good cause. 3. The City may approve phased decommissioning when portions of a facility remain operational. 14-431-12-G. Site Restoration. Following removal of the facility, the site shall be restored to a safe and stable condition, including the removal of debris, stabilization of disturbed areas, restoration of drainage patterns and establishment of vegetative cover where appropriate. 14-431-12-H. Certification of Completion. Upon completion of decommissioning activities, the owner shall submit: 1. A certification from a qualified third-party contractor that all required decommissioning activities have been completed. 2. Documentation demonstrating proper recycling or disposal of battery materials. 3. Documentation of site restoration. 4. Any environmental reports required by the City. The City shall inspect the site and determine whether the decommissioning requirements have been satisfied prior to release of financial assurance. 14-431-13 Application Process 14-431-13-A. Additional Submittal Requirements for Special Use Permit. The applicant shall submit the materials required by Section 14-703 and, in addition, the following: 1. Noise Impact Assessment and Mitigation Plan. A report prepared by a qualified acoustical engineer that evaluates all existing and proposed noise sources associated with the data center and demonstrates compliance with all applicable provisions of the City Code. 2. Detailed Site Plan. A site plan prepared by a qualified design professional that clearly depicts the location and layout of all buildings, structures, mechanical equipment, substations, screening elements, fencing, access points, and required buffer areas, and demonstrates compliance with this Section. 3. Building Elevations. Elevation drawings prepared by a licensed architect that depict all exterior building facades. 4. Photometric Plan. A photometric plan prepared by a qualified professional that illustrates all proposed exterior lighting levels and fixtures and demonstrates compliance with the lighting standards of Section 14-508. 5. Operations and Maintenance Plan. 6. Preliminary Hazard Mitigation Analysis. A report prepared by a qualified professional that evaluates potential hazards associated with a Battery Energy Storage System and demonstrates compliance with the requirements of this Article. 7. Preliminary Emergency Response Plan. A preliminary Emergency Response Plan prepared by a qualified professional that demonstrates compliance with the requirements of this Article. 8. Preliminary Decommissioning Plan. A preliminary Decommissioning Plan prepared by a qualified professional that addresses the requirements of this Article. 9. Ownership Disclosure. The application shall disclose the identity of parties in interest to the public that shall include the name of all companies involved in battery energy storage project, including developer, shell companies, operators, and financers. 14-431-13-B. Notwithstanding the requirements set forth in subsection (A) above, all applicable technical studies required under Section 14-700-06 shall also be submitted and shall govern to the extent applicable. Page 5 of 6 Page 282 of 516 Chapter 14 - UNIFIED DEVELOPMENT ORDINANCE ARTICLE 4. - USE REGULATIONS 14-431 BATTERY ENERGY STORAGE SYSTES (BESS) 14-431-13-C. The battery energy storage system shall follow all codes and permit requirements of the City of Independence Code of Ordinances and the Design and Construction Manual. 14-431-14 Annual Compliance Certification 14-431-14-A. The owner or operator of a Battery Energy Storage System (BESS) facility shall submit an annual compliance certification, prepared and signed by a qualified professional engineer licensed in the State of Missouri, certifying that: 1. The facility is being operated and maintained in substantial compliance with all approved plans, permits, and conditions of approval; 2. All required safety, monitoring, and emergency shutdown systems are fully operational and functioning as designed; 3. Fire detection, fire suppression, and other fire protection systems have been inspected and maintained in accordance with applicable codes, manufacturer specifications, and the approved Emergency Response Plan; 4. Emergency contact information on file with the City is current and accurate; and 5. No material modifications, expansions, or operational changes have occurred without prior approval from the City, where such approval is required. 14-431-14-B. The annual compliance certification shall be submitted to the City no later than thirty (30) days following the anniversary date of the facility's commencement of operations, unless otherwise approved by the City. 14-431-14-C. The City may conduct inspections of the facility, upon reasonable notice to the owner or operator, to verify compliance with the provisions of this Article, approved plans, permit conditions, and applicable codes and regulations. 14-431-14-D. Failure to submit the required annual certification or to maintain compliance with the requirements of this Article may constitute a violation subject to enforcement actions authorized by this Code. 14-431-15. Ownership/Operator Changes 14-431-15-A. If ownership of the property, the Battery Energy Storage System (BESS) facility, or the facility operator changes, all project approvals shall remain valid, provided the successor owner or operator assumes in writing all obligations associated with the project, including compliance with all conditions of approval, the approved Decommissioning Plan, and the requirements of this Article, and provides updated financial assurance as required herein. The successor owner or operator shall provide written notice to the City of the ownership or operational change within thirty (30) days of the effective date of the transfer. Such notice shall include documentation demonstrating the assumption of all project obligations and updated financial assurance. Failure to provide the required notice and documentation within thirty (30) days shall render all project approvals null and void. Any request to reinstate a voided approval shall be subject to the same application, review, and approval procedures required for a new BESS facility under this Article. Sec. 14-431-16 Violations Failure to comply with this Article shall constitute a violation of the Unified Development Ordinance and may result in revocation of approvals, issuance of citations, or other remedies authorized by law. Page 6 of 6 Page 283 of 516 Chapter 14 - UNIFIED DEVELOPMENT ORDINANCE ARTICLE 2. - TERMINOLOGY AND MEASUREMENTS 14-200 USE GROUPS AND CATEGORIES 14-200 USE GROUPS AND CATEGORIES 14-200-05 Commercial use group 14-200-05-W. Data Processing and Hosting. Establishments that provide infrastructure for hosting or data processing services. These establishments may provide specialized hosting activities, such as web hosting, streaming services or application hosting; provide application services provisioning or may provide general timeshare mainframe facilities to clients. An example is a data center. 1. Data Processing and Hosting, Accessory. A data processing and hosting use that is incidental and subordinate to the principal use of the property and is intended primarily to support the operations of the principal use or occupant. An accessory data processing and hosting use shall not be operated as a standalone commercial data processing and hosting business or provide hosting or data processing services to third parties as its primary function. 2. Data Processing and Hosting, Small. A principal use consisting of one or more buildings or portions of buildings that provide infrastructure for data processing, storage, networking, cloud computing, artificial intelligence, or hosting services, including associated equipment and supporting systems. A Small Data Processing and Hosting Facility has a maximum electrical demand of less than 2.5 megawatts (MW). 3. Data Processing and Hosting, Major. A principal use consisting of one or more buildings or portions of buildings that provide infrastructure for data processing, storage, networking, cloud computing, artificial intelligence, or hosting services, including associated equipment and supporting systems. A Major Data Processing and Hosting Facility has a maximum electrical demand of 2.5 megawatts (MW) or greater. Page 1 of 1 Page 284 of 516 Chapter 14 - UNIFIED DEVELOPMENT ORDINANCE ARTICLE 2. - TERMINOLOGY AND MEASUREMENTS 14-200 USE GROUPS AND CATEGORIES 14-200 USE GROUPS AND CATEGORIES 14-200-06 Industrial use group 14-200-06-A. Battery Energy Storage System (BESS). One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, including associated battery management systems, inverters, transformers, switchgear, utility interconnections, fire suppression equipment, and accessory equipment. 14-200-06-B. Utility-Scale Battery Energy Storage System. A Battery Energy Storage System with a total energy capacity exceeding 600 kWh and intended primarily to provide power to the electrical grid or wholesale energy markets. 14-200-06-C. Accessory Battery Energy Storage System. A Battery Energy Storage System serving an on-site principal use or renewable energy system. 14-200-06-D. Battery Storage Building. A structure containing one or more Battery Energy Storage Systems. Created: 2026-05-03 10:24:47 [EST] (Supp. No. 12) Page 1 of 1 Page 285 of 516 Chapter 14 - UNIFIED DEVELOPMENT ORDINANCE ARTICLE 3. - BASE ZONING DISTRICTS 14-301 OFFICE AND COMMERCIAL DISTRICTS 14-301 OFFICE AND COMMERCIAL DISTRICTS 14-301-03 Uses 14-301-03-A.Use Table. Uses are allowed in O and C zoning districts in accordance with Table 301-1, below. 14-301-03-B.Use Classification System. For the purpose of this development ordinance, uses are classified into "use groups," "use categories," and "specific use types." These are described and defined in Article 14-200. The first column of Table 301-1 lists the groups, categories and types allowed in one or more O/C districts. 14-301-03-C.Permitted Uses. Uses identified with a "P" in Table 301-1 are permitted as-of-right in the subject zoning district, subject to compliance with all other applicable standards of this development ordinance. 14-301-03-D.Permitted Uses with Minimum Use Standards. Uses identified with a "C" in Table 301-1 are permitted as-of-right in the subject zoning district, subject to compliance with the Use Standards referenced in the right column of the Table, and all other applicable standards of this development ordinance. 14-301-03-E.Special Uses. Uses identified with an "S" in Table 301-1 may be allowed if reviewed and approved in accordance with the special use procedures of Article 14-704. 14-301-03-F.Prohibited Uses. Uses not listed and those identified with a "—" are expressly prohibited. 14-301-03-G.Use Standards. The "use standards" column of Table 301-1 identifies use-specific standards that apply to some uses. Compliance with such standards is required. Variances to use standards are prohibited. Table 301-1 Office and Commercial Districts Use Table P: Permitted S: Special Use Permit Required C: Conditional Uses —: Not Allowed Use Category Zoning District Use Standards Specific use type O-1 O-2 C-1 C-2 C-3 COMMERCIAL Construction Services No outdoor storage of equipment or — — P P P materials With outdoor storage of equipment and — — — — C 14-503 materials Data Processing and Hosting, Small C C 14-429 Drive-Through Facility — — P P P Page 1 of 1 Page 286 of 516 Chapter 14 - UNIFIED DEVELOPMENT ORDINANCE ARTICLE 3. - BASE ZONING DISTRICTS 14-302 INDUSTRIAL DISTRICTS 14-302 INDUSTRIAL DISTRICTS 14-302-03 Uses 14-302-03-A.Use Table. Uses are allowed in I zoning districts in accordance with Table 302-1, below. 14-302-03-B.Use Classification System. For the purpose of this development ordinance, uses are classified into "use groups," "use categories," and "specific use types." These are described and defined in Article 14-200. The first column of Table 302-1 lists the groups, categories and types allowed in one or more I districts. 14-302-03-C.Permitted Uses. Uses identified with a "P" in Table 302-1 are permitted as-of-right in the subject zoning district, subject to compliance with all other applicable standards of this development ordinance. 14-302-03-D.Permitted Uses with Minimum Use Standards. Uses identified with a "C" in Table 302-1 are permitted as-of-right in the subject zoning district, subject to compliance with the Use Standards referenced in the right column of Table 302-1, and all other applicable standards of this development ordinance. 14-302-03-E.Special Uses. Uses identified with an "S" in Table 302-1 may be allowed if reviewed and approved in accordance with the special use procedures of Article 14-704. 14-302-03-F.Prohibited Uses. Uses not listed and those identified with a "—" are expressly prohibited. 14-302-03-G.Use Standards. The "use standards" column of Table 302-1 identifies use-specific standards that apply to some uses. Compliance with such standards is required. Variances to use standards are prohibited. Table 302-1 Industrial Districts Use Table P: Permitted S: Special Use Permit Required C: Conditional Uses —: Not Allowed Use Category Zoning District Use Standards Specific use type B-P/PUD I-1 I-2 Battery Energy Storage System S S 14-431 Data Processing and Hosting, Small P C P C — 14-429 Data Processing and Hosting, Major — S — 14-430 Page 1 of 1 Page 287 of 516 Chapter 14 - UNIFIED DEVELOPMENT ORDINANCE ARTICLE 4. - USE REGULATIONS 14-400 ACCESSORY USES AND STRUCTURES 14-400 ACCESSORY USES AND STRUCTURES 14-400-13 Data Processing and Hosting Facility, Accessory 14-400-13-A. Applicability. This section applies to any accessory data processing and hosting facility, whether new or retrofitted, located within or attached to any principal structure. 14-400-13-B. Location. An accessory data processing and hosting facility shall be permitted wherever the principal use is permitted. 14-400-13-C. Enclosed Building. All accessory data-processing and hosting facilities must be fully contained within a completely enclosed building. 14-400-13-D. Adopted Codes. An accessory data processing and hosting facility shall comply with all applicable provisions of the City’s adopted building, fire, electrical, and mechanical codes. All installations, equipment, and related improvements shall be reviewed, permitted, and inspected in accordance with the requirements of the City. Created: 2026-05-03 10:24:49 [EST] (Supp. No. 12) Page 1 of 1 Page 288 of 516Page 289 of 516Page 290 of 516Page 291 of 516Page 292 of 516Page 293 of 516Page 294 of 516Page 295 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-057 2R An ordinance creating Section 12.05.018 of the Independence City Code for the Prohibition of Unlawfully Gaining Entry into a Motor Vehicle 2R Item passes 7-0 Ord. No. 19831 Recommendations: Council approval is recommended. Background: The City Prosecutor and IPD worked together on this ordinance to address the issue of unlawfully attempting to enter vehicles, which is currently a misdemeanor under state law but is not an offense listed in the City Code. Emergency Justification: Fiscal Impact: Council Action: Department / Legal / Contact REVIEWERS Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Unlawful gaining entry LDA edits 2. Unlawful gaining entry LDA edits 3. Ord. No. 19831 Page 296 of 51612.05.018 6/1/26 - Legal BILL NO. ___________ ORDINANCE NO. ___________ AN ORDINANCE CREATING SECTION 12.05.018 OF THE INDEPENDENCE CITY CODE FOR THE PROHIBITION OF UNLAWFULLY GAINING ENTRY INTO A MOTOR VEHICLE WHEREAS, Article 5 of Chapter 12 of the Code of the City of Independence addresses offenses against property; and, WHEREAS, the State of Missouri sets forth conduct which it deems constitutes the crime of unlawfully gaining entry into a motor vehicle in Missouri Revised Statutes Section 569.175; and, WHEREAS, the City of Independence desires to add 12.05.018 of the Code of the City of Independence to mirror the prohibited conduct set forth in Missouri Revised Statutes Section 569.175; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. Section 12.05.018 of the Independence City Code is hereby created to read as follows: SEC. 12.05.018 – Unlawfully gaining entry into a motor vehicle A person commits the offense of unlawfully gaining entry into motor vehicles if the person lifts the door handles or otherwise tries the doors and locks of successive motor vehicles to gain entry into the motor vehicles for the purpose of committing the offense of stealing unless the person is the owner of the motor vehicles or has the owners' permission to enter the motor vehicles. For purposes of this section, "successive" means lifting the door handles or otherwise trying the doors and locks of one vehicle after another. SECTION 2. That all other parts and provisions of the City Code remain in full force and effect unless previously or subsequently amended or repealed. SECTION 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. PASSED THIS ______ DAY OF _______________, 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. ____________________________________ Presiding Officer of the City Council of the City of Independence, Missouri ATTEST: Page 297 of 51612.05.018 6/1/26 - Legal ______________________________ City Clerk APPROVED - FORM AND LEGALITY: ______________________________ City Counselor REVIEWED BY: ______________________________ City Manager Page 298 of 516 12.05.018 6/1/26 - Legal BILL NO. ___________ ORDINANCE NO. ___________ AN ORDINANCE CREATING SECTION 12.05.018 OF THE INDEPENDENCE CITY CODE FOR THE PROHIBITION OF UNLAWFULLY GAINING ENTRY INTO A MOTOR VEHICLE WHEREAS, Article 5 of Chapter 12 of the Code of the City of Independence addresses offenses against property; and, WHEREAS, the State of Missouri sets forth conduct which it deems constitutes the crime of unlawfully gaining entry into a motor vehicle in Missouri Revised Statutes Section 569.175; and, WHEREAS, the City of Independence desires to add 12.05.018 of the Code of the City of Independence to mirror the prohibited conduct set forth in Missouri Revised Statutes Section 569.175; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. Section 12.05.018 of the Independence City Code is hereby created to read as follows: SEC. 12.05.018 – Unlawfully gaining entry into a motor vehicle A person commits the offense of unlawfully gaining entry into motor vehicles if the person lifts the door handles or otherwise tries the doors and locks of successive motor vehicles to gain entry into the motor vehicles for the purpose of committing the offense of stealing unless the person is the owner of the motor vehicles or has the owners' permission to enter the motor vehicles. For purposes of this section, "successive" means lifting the door handles or otherwise trying the doors and locks of one vehicle after another. SECTION 2. That all other parts and provisions of the City Code remain in full force and effect unless previously or subsequently amended or repealed. SECTION 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. PASSED THIS ______ DAY OF _______________, 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. ____________________________________ Presiding Officer of the City Council of the City of Independence, Missouri ATTEST: Page 299 of 516 12.05.018 6/1/26 - Legal ______________________________ City Clerk APPROVED - FORM AND LEGALITY: ______________________________ City Counselor REVIEWED BY: ______________________________ City Manager Page 300 of 516Page 301 of 516Page 302 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-058 2R An ordinance amending Chapter 5, Article 10 of the Independence City Code regarding Private Security Guards 2R Item passes 7-0 Ord. No. 19832 Recommendations: Council approval is recommended. Background: At the request of the Missouri State Highway Patrol, the City Prosecutor and IPD worked together on this ordinance to ensure that the City Code is in compliance with state and federal regulations. The City Code, as currently written, does not meet certain criteria within Public Law 92-544, a federal statute, regarding fingerprint-based background checks. Emergency Justification: Fiscal Impact: Council Action: Department / Legal / Contact REVIEWERS Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. COI Ordinance re. Fingerprints for Security Guards 4 22 26 2. COI Ordinance re Private Sec Guards 3. Ord. No. 19832 Page 303 of 516Ch 5 Art 10 6.1.26 - Legal BILL NO. _____________ ORDINANCE NO. ________________ AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 10, OF THE INDEPENDENCE CITY CODE REGARDING PRIVATE SECURITY GUARDS WHEREAS, the City of Independence desires to receive criminal history record information on applicants and licensees in specified occupations; and WHEREAS, the City of Independence desires to enact an ordinance to facilitate the receipt of criminal history record information from the Missouri State Highway Patrol central repository and the Federal Bureau of Investigation (FBI) pursuant to Chapter 43, Section 43.535 Revised Statutes of Missouri; and WHEREAS, the City of Independence desires to enact such a requirement for private security guard applicants to protect the health, safety, and welfare of the City’s residents by ensuring all individuals employed as private security guards will not be a risk to public safety. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. The City of Independence enacts this ordinance pursuant to Chapter 43, Section 43.535 RSMo. Independence City Code Chapter 5, Article 10, shall be amended to hereafter read as follows and to regulate the following: ARTICLE 10. – PRIVATE WATCHGUARDS PRIVATE SECURITY GUARDS Sec. 5.10.001. – Watchguard Private security guard license required and employment purposes. License purposes. Any individual applying for a private security guard license, issued by the City of Independence, must submit to a fingerprint-based criminal background check for licensure purposes. No person shall engage in the business of private watchguard security guard, operate a private watch security service or be employed as a security guard for a private watch security service without having first obtained a license to do so as hereinafter provided. Sec. 5.10.002. – Article 1 – Administration of Licenses in General, and Requirements Thereof of this Chapter 5 applies. The following special provisions for applicants or holders of private watchguard security guard licenses shall not be construed as the only requirement of such persons individuals Page 304 of 516Ch 5 Art 10 6.1.26 - Legal under this chapter. Rather, Article 1 shall be applied herein in its entirety, except where specific provisions of this article override the general provisions of Article 1. Sec. 5.10.003 Watchguard Private security guard license application. A. Any person individual operating or intending to be a establish the business of private watchguard security guard, private watch service, or employed or intending to be employed as a guard shall file with the License Officer City of Independence a written application for a license upon forms provided by the License Officer City of Independence. B. If the application is for a license for a private watch service it shall indicate the location of its principal office, the names of the owners and operators thereof and the names of the guards to be employed together with such additional information as may be required by the License Officer. C. If the application is for a license for a private watchguard security guard it shall indicate the name and address of the applicant, experience in such work together with such additional information as may be required by the License Officer. D. If the application is for a license for a security guard it shall indicate the name and address of the applicant, the name and address of the private watch security service employing the applicant and experience in such work together with such additional information as may be required by the License Officer. Sec. 5.10.004. - Investigation, issuance of watchguard private security guard license and expiration. A. All applications for a private security guard license for a private watch security service or private watchguard or guard shall be referred to the Chief of Police or designee within the City of Independence who shall investigate the fitness of the applicant, experience in such business, the character of service to be performed and the manner in which such business is to be carried on. The Chief of Police or designee within the City of Independence shall obtain such other information concerning the applicant as deemed necessary in order to determine the fitness and qualifications of the applicant for the conduct of such business. The Chief of Police shall require the applicant to submit a complete set of fingerprints together with photographs of the applicant of a size and dimension to be prescribed by the Chief of Police. Any individual seeking a private security guard license to be employed as a private security guard under this Article shall submit fingerprints cards and any required fees to the Missouri State Highway Patrol’s central repository. The fingerprints shall be used for searching the state criminal records repository and shall also be forwarded to the Federal Bureau of Investigation for a federal criminal records search under Missouri Revised Statute Section 43.540. The Missouri State Highway Patrol shall notify the City of Independence of any criminal history record information or lack Page 305 of 516Ch 5 Art 10 6.1.26 - Legal of criminal history record information discovered on the individual. Notwithstanding the provisions of Missouri Revised Statute Section 610.120 to the contrary, all records related to any criminal history information discovered shall be accessible and available to the City of Independence. B. The City of Independence shall render a fitness determination based upon the results of the criminal background check. In rendering a fitness determination, the City of Independence will decide whether the subject of record has been convicted of or is under pending indictment for (a) a crime which bears upon his/her ability or fitness to serve in that capacity; (b) any felony or misdemeanor which involved force or threat of force, controlled substances, or was a sex-related offense; or (c) enumerated disqualifiers. License Officer shall review the report of the investigation by the Chief of Police together with the license application. If the License Officer City of Independence determines that the applicant meets the requirements of this article, a license shall be issued. If the License Officer City of Independence determines that the applicant is not qualified under the provisions of this article, the application shall be denied. C. All licenses so issued shall be renewed annually upon application and payment of the fee as required by this article. All licenses issued under this article shall expire on the last day of the license year, unless renewed by the last day of the first month of the next succeeding license year. The City of Independence shall prior to the issuance of any license hereunder affix a photograph of the licensee to the license. D. A licensee hereunder shall be required to carry the license and to exhibit the same to any duly authorized law enforcement officer or citizen upon request. Failure to comply with this provision shall result in strict enforcement of this chapter. E. The subject of record may request and receive a copy of his/her criminal history record information from the City of Independence. Should the subject of record seek to amend or correct his/her record, he/she must contact the Missouri State Highway Patrol for a Missouri state record, and the FBI for records from other state jurisdictions maintained in its file. Sec. 5.10.005. - License fees. The license fee for a license issued under the provisions of this article shall be outlined in the Schedule of Fees. Sec. 5.10.006. - Bond requirements. A. Every private watchguard security guard licensed under the provisions of this article and every security guard employed by any private watch security service licensed hereunder shall furnish a bond to the City of Independence in the sum of $10,000.00 conditioned upon the faithful performance of such work and the Page 306 of 516Ch 5 Art 10 6.1.26 - Legal observance of all ordinances of the City of Independence and laws of the State of Missouri and of the United States. Such bonds shall be for the use and benefit of the City of Independence and of any person individual who may have employed such licensee and have been injured by any willful, malicious or wrongful act of such licensee. The bond required hereunder shall be of a form approved by the City Counselor. B. In lieu of the bond as provided herein, the applicant may submit a certificate of public liability insurance approved by the City Counselor and Director of Finance. The certificate of insurance shall evidence that the liability insurance policy covers the policy holder and the City of Independence named as insured. The insurance shall be the sum of at least $250,000.00 for each person individual injured and the sum of at least $500,000.00 for each occurrence, and $50,000.00 for property damage. Such policy shall provide that, before it shall be canceled or altered, the License Officer City of Independence shall be notified of such cancellation or alteration by the insurance carrier within ten days before such cancellation or alteration shall become effective. Sec. 5.10.007. - Applicability of Article 10. A. The provisions of this article are not applicable to reserve officers of the City Police Department or the Emergency Preparedness Organization of the City of Independence. B. Private watchguards security guards shall not be appointed special members of the City Police Department. Sec. 5.10.008. - Uniform requirements. It shall be unlawful for any private watchguard security guard or guard to wear a uniform similar to the uniform worn by the officers of the Police Department of the City of Independence. All private watchguards security guards and private watch security services shall exhibit to the Chief of Police a sample of the uniform they intend to wear. It shall be the duty of the Chief of Police to approve or disapprove such uniform. Sec. 5.10.009. – Definitions. The following terms as used in this section shall be defined as follows: Licensee. An individual licensed as a security guard by the City of Independence. Private Security Guard. An individual with the power to protect life and property on/in a designated area, armed or unarmed, who must be in uniform, and licensed by the City of Independence. Secs. 5.10.010—5.10.999. - Reserved Page 307 of 516Ch 5 Art 10 6.1.26 - Legal SECTION 2. This Ordinance shall be in full force and effect from and after passage. PASSED THIS _____ DAY OF ______________, 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. ____________________________________ Presiding Officer of the City Council of the City of Independence, Missouri ATTEST: ________________________________ City Clerk APPROVED - FORM AND LEGALITY: ___________________________________ City Counselor REVIEWED BY ___________________________________ City Manager NOTE: Words struck through are being removed by this ordinance and words in bold are being added by this ordinance. Page 308 of 516Ch 5 Art 10 6.1.26 - Legal BILL NO. _____________ ORDINANCE NO. ________________ AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 10, OF THE INDEPENDENCE CITY CODE REGARDING PRIVATE SECURITY GUARDS WHEREAS, the City of Independence desires to receive criminal history record information on applicants and licensees in specified occupations; and WHEREAS, the City of Independence desires to enact an ordinance to facilitate the receipt of criminal history record information from the Missouri State Highway Patrol central repository and the Federal Bureau of Investigation (FBI) pursuant to Chapter 43, Section 43.535 Revised Statutes of Missouri; and WHEREAS, the City of Independence desires to enact such a requirement for private security guard applicants to protect the health, safety, and welfare of the City’s residents by ensuring all individuals employed as private security guards will not be a risk to public safety. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. The City of Independence enacts this ordinance pursuant to Chapter 43, Section 43.535 RSMo. Independence City Code Chapter 5, Article 10, shall be amended to hereafter read as follows and to regulate the following: ARTICLE 10. – PRIVATE WATCHGUARDS PRIVATE SECURITY GUARDS Sec. 5.10.001. – Watchguard Private security guard license required and employment purposes. License purposes. Any individual applying for a private security guard license, issued by the City of Independence, must submit to a fingerprint-based criminal background check for licensure purposes. No person shall engage in the business of private watchguard security guard, operate a private watch security service or be employed as a security guard for a private watch security service without having first obtained a license to do so as hereinafter provided. Sec. 5.10.002. – Article 1 – Administration of Licenses in General, and Requirements Thereof of this Chapter 5 applies. The following special provisions for applicants or holders of private watchguard security guard licenses shall not be construed as the only requirement of such persons individuals Page 309 of 516Ch 5 Art 10 6.1.26 - Legal under this chapter. Rather, Article 1 shall be applied herein in its entirety, except where specific provisions of this article override the general provisions of Article 1. Sec. 5.10.003 Watchguard Private security guard license application. A. Any person individual operating or intending to be a establish the business of private watchguard security guard, private watch service, or employed or intending to be employed as a guard shall file with the License Officer City of Independence a written application for a license upon forms provided by the License Officer City of Independence. B. If the application is for a license for a private watch service it shall indicate the location of its principal office, the names of the owners and operators thereof and the names of the guards to be employed together with such additional information as may be required by the License Officer. C. If the application is for a license for a private watchguard security guard it shall indicate the name and address of the applicant, experience in such work together with such additional information as may be required by the License Officer. D. If the application is for a license for a security guard it shall indicate the name and address of the applicant, the name and address of the private watch security service employing the applicant and experience in such work together with such additional information as may be required by the License Officer. Sec. 5.10.004. - Investigation, issuance of watchguard private security guard license and expiration. A. All applications for a private security guard license for a private watch security service or private watchguard or guard shall be referred to the Chief of Police or designee within the City of Independence who shall investigate the fitness of the applicant, experience in such business, the character of service to be performed and the manner in which such business is to be carried on. The Chief of Police or designee within the City of Independence shall obtain such other information concerning the applicant as deemed necessary in order to determine the fitness and qualifications of the applicant for the conduct of such business. The Chief of Police shall require the applicant to submit a complete set of fingerprints together with photographs of the applicant of a size and dimension to be prescribed by the Chief of Police. Any individual seeking a private security guard license to be employed as a private security guard under this Article shall submit fingerprints cards and any required fees to the Missouri State Highway Patrol’s central repository. The fingerprints shall be used for searching the state criminal records repository and shall also be forwarded to the Federal Bureau of Investigation for a federal criminal records search under Missouri Revised Statute Section 43.540. The Missouri State Highway Patrol shall notify the City of Independence of any criminal history record information or lack Page 310 of 516Ch 5 Art 10 6.1.26 - Legal of criminal history record information discovered on the individual. Notwithstanding the provisions of Missouri Revised Statute Section 610.120 to the contrary, all records related to any criminal history information discovered shall be accessible and available to the City of Independence. B. The City of Independence shall render a fitness determination based upon the results of the criminal background check. In rendering a fitness determination, the City of Independence will decide whether the subject of record has been convicted of or is under pending indictment for (a) a crime which bears upon his/her ability or fitness to serve in that capacity; (b) any felony or misdemeanor which involved force or threat of force, controlled substances, or was a sex-related offense; or (c) enumerated disqualifiers. License Officer shall review the report of the investigation by the Chief of Police together with the license application. If the License Officer City of Independence determines that the applicant meets the requirements of this article, a license shall be issued. If the License Officer City of Independence determines that the applicant is not qualified under the provisions of this article, the application shall be denied. C. All licenses so issued shall be renewed annually upon application and payment of the fee as required by this article. All licenses issued under this article shall expire on the last day of the license year, unless renewed by the last day of the first month of the next succeeding license year. The City of Independence shall prior to the issuance of any license hereunder affix a photograph of the licensee to the license. D. A licensee hereunder shall be required to carry the license and to exhibit the same to any duly authorized law enforcement officer or citizen upon request. Failure to comply with this provision shall result in strict enforcement of this chapter. E. The subject of record may request and receive a copy of his/her criminal history record information from the City of Independence. Should the subject of record seek to amend or correct his/her record, he/she must contact the Missouri State Highway Patrol for a Missouri state record, and the FBI for records from other state jurisdictions maintained in its file. Sec. 5.10.005. - License fees. The license fee for a license issued under the provisions of this article shall be outlined in the Schedule of Fees. Sec. 5.10.006. - Bond requirements. A. Every private watchguard security guard licensed under the provisions of this article and every security guard employed by any private watch security service licensed hereunder shall furnish a bond to the City of Independence in the sum of $10,000.00 conditioned upon the faithful performance of such work and the Page 311 of 516Ch 5 Art 10 6.1.26 - Legal observance of all ordinances of the City of Independence and laws of the State of Missouri and of the United States. Such bonds shall be for the use and benefit of the City of Independence and of any person individual who may have employed such licensee and have been injured by any willful, malicious or wrongful act of such licensee. The bond required hereunder shall be of a form approved by the City Counselor. B. In lieu of the bond as provided herein, the applicant may submit a certificate of public liability insurance approved by the City Counselor and Director of Finance. The certificate of insurance shall evidence that the liability insurance policy covers the policy holder and the City of Independence named as insured. The insurance shall be the sum of at least $250,000.00 for each person individual injured and the sum of at least $500,000.00 for each occurrence, and $50,000.00 for property damage. Such policy shall provide that, before it shall be canceled or altered, the License Officer City of Independence shall be notified of such cancellation or alteration by the insurance carrier within ten days before such cancellation or alteration shall become effective. Sec. 5.10.007. - Applicability of Article 10. A. The provisions of this article are not applicable to reserve officers of the City Police Department or the Emergency Preparedness Organization of the City of Independence. B. Private watchguards security guards shall not be appointed special members of the City Police Department. Sec. 5.10.008. - Uniform requirements. It shall be unlawful for any private watchguard security guard or guard to wear a uniform similar to the uniform worn by the officers of the Police Department of the City of Independence. All private watchguards security guards and private watch security services shall exhibit to the Chief of Police a sample of the uniform they intend to wear. It shall be the duty of the Chief of Police to approve or disapprove such uniform. Sec. 5.10.009. – Definitions. The following terms as used in this section shall be defined as follows: Licensee. An individual licensed as a security guard by the City of Independence. Private Security Guard. An individual with the power to protect life and property on/in a designated area, armed or unarmed, who must be in uniform, and licensed by the City of Independence. Secs. 5.10.010—5.10.999. - Reserved Page 312 of 516Ch 5 Art 10 6.1.26 - Legal SECTION 2. This Ordinance shall be in full force and effect from and after passage. PASSED THIS _____ DAY OF ______________, 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. ____________________________________ Presiding Officer of the City Council of the City of Independence, Missouri ATTEST: ________________________________ City Clerk APPROVED - FORM AND LEGALITY: ___________________________________ City Counselor REVIEWED BY ___________________________________ City Manager NOTE: Words struck through are being removed by this ordinance and words in bold are being added by this ordinance. Page 313 of 516Page 314 of 516Page 315 of 516Page 316 of 516Page 317 of 516Page 318 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-073 2R An ordinance amending ordinance #19723 by repealing and replacing the previously approved legal descriptions for Parcel 1 of the Annual Neighborhood Sanitary Sewer Project (Project No 302004-1). 2R Item passes 7-0 Ord. No. 19833 Recommendations: Council approval is recommended. Background: Approval of this ordinance will revise the legal descriptions of the Temporary Construction Easements (TCE) and General Utility Easements (GUE) for Parcel 1 on the 2024 Sanitary Sewer Project (No. 302004-). These changes better accommodate the current property owner's intended future use of the property. Emergency Justification: Fiscal Impact: There is no fiscal impact to the City. Council Action: Department / Municipal Services / Contact REVIEWERS Mike Jackson Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. MS.Easement Revision Ordinance - 2024 Neighborhood SS - 302004-1 2. Ord. No. 19833 Page 319 of 516 Page 320 of 516 BILL NO._______________ ORDINANCE NO._______________________ AN ORDINANCE AMENDING ORDINANCE #19723 BY REPEALING AND REPLACING THE PREVIOUSLY APPROVED LEGAL DESCRIPTIONS FOR PARCEL 1 OF THE ANNUAL NEIGHBORHOOD SANITARY SEWER PROJECT (PROJECT NO.302004-1), REVISED TO ACCOMMODATE THE PROPERTY OWNERS FUTURE INTENDED USE OF THE PARCEL; AUTHORIZING THE NEGOTIATION AND EMINENT DOMAIN PROCEEDINGS IF NECESSARY; APPROVING THE PLANS AND SPECIFICATIONS FOR THE PROJECT; AUTHORIZING THE USE OF EXPERTS AS NEEDED; AUTHORIZING AND DIRECTING THE EXECUTION OF DOCUMENTS AND THE PAYMENT OF FUNDS TO PROPERTY OWNERS OR OTHERS HOLDING PROPERTY RIGHTS, IN CONJUNCTION WITH THE PROJECT. WHEREAS, the City Council of the City of Independence, Missouri, pursuant to advice and recommendation of the Municipal Services Director, deems it necessary, advisable and in the public interest to obtain general utility easements and temporary construction easements in accordance with the plans and specifications as approved for construction, operation and maintenance of annual Neighborhood Sanitary Sewer Project (No. 302004-1), together with all appurtenances, thereto, along, over, under, upon, across and through certain tracts of land within Independence, Jackson County, Missouri; and, WHEREAS, the City has authority by virtue of Section 82.240 of the Revised Statutes of the State of Missouri, 1969, as amended, and Section 1.3 and 1.4 of the Charter of the City of Independence, Missouri, revised August 8, 1978, to acquire private property by eminent domain proceedings for any public or municipal use, including the uses or purposes stated herein. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That it is hereby found, determined and declared that it is necessary for the purpose of construction, operation, and maintenance of improved Neighborhood Sanitary Sewer Project (No. 302004-1) for the City of Independence, Missouri, to acquire by purchase or eminent domain proceedings temporary construction grading easements, and general utility easements for such public improvements, including, but not limited to, the right to construct curbs, drives, trails, sidewalks, storm sewers, and sanitary sewers together with all appurtenances thereunto belonging along, over, under, upon, across and through the following described tracts of land, all of which are situated in Independence, Jackson County, Missouri; to wit: Parcel 1 GENERAL UTILITY EASEMENT: That part of Lots 2 and 3, SOUTH OSAGE ACRES, a subdivision in the City of Independence, Missouri, described by the Trustee’s Deed recorded as instrument number 2014E0039168, as 1 Page 321 of 516 recorded at the Jackson County, Missouri Recorder of Deeds office, and being further described as follows: Commencing at a point on the east right-of-way line of South Osage Street at the southwest corner of said Lot 2; thence along said east right-of-way line, along a curve to the right, having a radius of 910.91 feet, a curve length of 99.02 feet, a chord bearing of North 12°36’25” West, and a chord length of 98.97 feet, to the intersection of said east right-of-way line and the south line of an existing Sewer Easement recorded as instrument number 1988I0845953, in Book I-1804, Page 554, at said Recorder of Deeds office; thence along said south line, North 82°21’47” East, 150.11 feet, to the Point of Beginning. Thence from the Point of Beginning, continuing along said south line, North 82°21'47" East, 16.21 feet; thence leaving said south line, South 19°16'38" East, 127.67 feet; thence South 50°50'42" East, 68.63 feet; thence South 37°25'24" West, 15.01 feet; thence North 50°50'42" West, 81.06 feet, to a point on the west line of the tract described by said Trustee’s Deed; thence along said west line, North 18°47'58" West, 53.26 feet; thence continuing along said west line, North 15°30'25" West, 41.50 feet; thence leaving said west line, North 19°16'38" West, 33.92 feet, to the point of beginning and contains 3,375 square feet, more or less. TEMPORARY CONSTRUCTION EASEMENT: That part of Lots 2 and 3, SOUTH OSAGE ACRES, a subdivision in the City of Independence, Missouri, described by the Trustee’s Deed recorded as instrument number 2014E0039168, as recorded at the Jackson County, Missouri Recorder of Deeds office, and being further described as follows: Commencing at a point on the east right-of-way line of South Osage Street at the southwest corner of said Lot 2; thence along said east right-of-way line, along a curve to the right, having a radius of 910.91 feet, a curve length of 99.02 feet, a chord bearing of North 12°36’25” West, and a chord length of 98.97 feet, to the intersection of said east right-of-way line and the south line of an existing Sewer Easement recorded as instrument number 1988I0845953, in Book I-1804, Page 554, at said Recorder of Deeds office; thence along said south line, North 82°21’47” East, 150.11 feet, to a point hereinafter referred to as Point “A”, the Point of Beginning. Thence from the Point of Beginning, leaving said south line, South 19°16'38" East, 33.92 feet, to a point on the westerly line of the tract described by said Trustee’s Deed; thence along said westerly line, South 85°45'23" West, 8.28 feet; thence leaving said westerly line, North 19°16'38" West, 33.41 feet, to a point on the south line of said existing Sewer Easement, said point hereinafter referred to as Point “B”; thence along said south line, North 82°21'47" East, 8.17 feet, to the Point of Beginning and contains 269 square feet, more or less. And Commencing at the aforementioned Point “A”, thence along the south line of said existing Sewer Easement, North 82°21'47" East, 16.21 feet, to the Point of Beginning. Thence from the Point of Beginning, continuing along said south line, North 82°21'47" East, 16.34 feet; thence leaving said south line, South 19°16'38" East, 119.85 feet; thence South 50°50'42" East, 71.63 feet; thence South 37°25'24" West, 48.83 feet, to a point on the west line of the tract described by said Trustee’s Deed; thence along said west line, North 59°36'30" West, 49.66 feet; thence continuing along said west line, North 18°47'58" West, 47.81 feet; thence leaving said west line, South 50°50'42" East, 81.06 feet; thence North 37°25'24" East, 15.01 feet; 2 Page 322 of 516 thence North 50°50'42" West, 68.63 feet; thence North 19°16'38" West, 127.67 feet, to the Point of Beginning and contains 4,855 square feet, more or less. And Commencing at the aforementioned Point “B”, thence North 19°16'38" West, 15.31 feet, to a point on the north line of said existing Sewer Easement, the Point of Beginning. Thence from the Point of Beginning, North 19°16'38" West, 3.97 feet; thence North 70°43'22" East, 31.88 feet; thence South 19°16'38" East, 10.54 feet, to a point on the north line of said existing Sewer Easement; thence along said north line, South 82°21'47" West, 32.55 feet, to the Point of Beginning and contains 231 square feet, more or less. SECTION 2. That the City Manager and his designates are hereby authorized and directed to negotiate with the owners of the properties herein described for the purchase of temporary construction easements and general utility easements relating to said lands. SECTION 3. That in the event of failure to negotiate the proper compensation to be paid for such temporary construction easements and general utility easements and the acquisition thereof by purchase, the City Counselor and his designates are hereby authorized and directed to institute eminent domain proceedings for the purpose of acquiring such general utility easements and temporary construction easements in the manner provided by law. SECTION 4. That the City Manager is hereby authorized to request proposals, if required, for surveys, appraisals, and necessary title reports for said property. SECTION 5. That the improvements herein referred to shall be of the nature described herein and shall be done in accordance with the plans and specifications as completed, hereby approved, and on file in the office of the Municipal Services Director. SECTION 6. That the City Manager of the City of Independence, Missouri, is here by authorized and directed to execute necessary documents, to pay and disburse funds, within appropriations authorized for this project, to property owners, others holding property rights and escrow agents pursuant to negotiated agreements for purchase of said general utility easements and temporary construction easements, all in accordance with established acquisition procedure and approved appraisals. PASSED THIS _______DAY OF ________________, 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. ____________________________________ Presiding Officer of the City Council of the City of Independence, Missouri 3 Page 323 of 516 ATTEST: _______________________________________ City Clerk APPROVED – FORM AND LEGALITY: _______________________________________ City Counselor REVIEWED BY: _______________________________________ City Manager 4 Page 324 of 516Page 325 of 516Page 326 of 516Page 327 of 516Page 328 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-074 2R An ordinance authorizing the acceptance of a Mutual Aid Agreement in the amount of $450,000.00 from KC2026 for Law Enforcement Assistance provided by the Independence, MO Police Department during the FIFA World Cup Events held in Kansas City, Missouri; appropriating the necessary funds in the Police Department Grant Fund; authorizing the acceptance of future change orders, extension, amendments or addendums for additional funding or time extensions for the same project, and authorizing certain future appropriations. 2R Item passes 7-0 Ord. No. 19834 Recommendations: Council approval is recommended. Background: The FIFA World Cup Grant Program (FWCGP) was established by the One Big Beautiful Bill Act (2025) and provides for federal funding to enhance security and preparedness for the 2026 KC World Cup events. The Missouri Department of Public Safety has received an award under the FWCGP and has passed through 100% of the grant funds to KC2026 as the Host City Committee Task Force for Kansas City. KC2026 requested mutual aid assistance from various surrounding law enforcement agencies to provide police services conducted during the FIFA World Cup Tournament held in June and July 2026. The Independence Police Department agreed to provide such assistance by entering into a Mutual Aid Agreement with KC2026. The Agreement indicates that reimbursement will be made up to $450,000.00 for overtime worked in support of FIFA events. Emergency Justification: Fiscal Impact: Revenue up to $450,000.00 will be appropriated to the Grant Fund, account 015-3219-FIFA. Expenditures up to $450,000.00 will be appropriated to the Grant Fund, account 0154550- 5102-FIFA. No local match is required. Council Action: Department / Police Department / Contact Page 329 of 516 REVIEWERS Dennea Leap Jason Petersen Doug Brinkley Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Ordinance for KC2026 World Cup Mutual Aid Agreement Funding 2. Independence_Mutual Aid Payment Agreenment -fully executed 3. Ord. No. 19834 Page 330 of 516FIFA World Cup KC2026 7-17-26 - dl BILL NO. ORDINANCE NO. AN ORDINANCE AUTHORIZING ACCEPTANCE OF A MUTUAL AID AGREEMENT IN THE AMOUNT OF $450,000.00 FROM KC2026 FOR LAW ENFORCEMENT ASSISTANCE PROVIDED BY THE INDEPENDENCE, MO POLICE DEPARTMENT DURING THE FIFA WORLD CUP EVENTS HELD IN KANSAS CITY, MISSOURI; APPROPRIATING THE NECESSARY FUNDS IN THE POLICE DEPARTMENT GRANT BUDGET; AUTHORIZING THE ACCEPTANCE OF FUTURE CHANGE ORDERS, EXTENSIONS, AMENDMENTS OR ADDENDUMS FOR ADDITIONAL FUNDING OR TIME EXTENSIONS FOR THE SAME PROJECT, AND AUTHORIZING CERTAIN FUTURE APPROPRIATIONS. WHEREAS, the Independence, Missouri Police Department was asked to participate in and assist with the FIFA World Cup events being held in the Kansas City, Missouri area, and; WHEREAS, the Independence, Missouri Police Department entered into a Mutual Aid Agreement with KC2026, a nonprofit corporation serving as the Host City Committee Task Force for Kansas City, and; WHEREAS, the City has been informed that $450,000.00 is available to reimburse the City for law enforcement overtime while assisting with FIFA World Cup events, and; WHEREAS, the City Council does wish to accept the agreement and related funding to receive reimbursement for overtime worked at FIFA World Cup events by the Independence, Missouri Police Department; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the City Council hereby directs the City Manager of the City of Independence, Missouri, to accept the Mutual Aid Agreement from KC2026 in the amount of Four Hundred Fifty Thousand and 00/100 Dollars ($450,000.00) to receive reimbursement for law enforcement overtime worked during FIFA World Cup events in Kansas City, Missouri; a copy of which is attached hereto, incorporated by reference thereto, and made a part hereof as though fully set out herein. SECTION 2. That the City Manager is further authorized to approve future change orders, extensions, amendments or addendums to this grant without Council approval, for an extension of time for completing the terms of the grant or for the receipt of additional funding for this same grant project, provided there are no changes in the terms and/or conditions or responsibilities to the City and provided each and every such change order, extension, amendment or addendum is approved by the City Manager, does not add more than 90% to the length of time of the grant or more than 50% to the original funding, is identified as being authorized by this ordinance and a copy is filed with the City Clerk. SECTION 3. That the City Manager is hereby authorized to increase appropriations by the amount of any increased grant awards authorized by change order, extension, amendment or addendum for any increased funding under the terms of the previous section provided a copy of that action is also provided to the Finance Department. SECTION 4. That appropriations are hereby increased in the Police Department Grant Fund Operating Budget in the amount of Four Hundred Fifty Thousand and 00/100 Dollars ($450,000.00) from Increased Estimated Revenues from this Mutual Aid Agreement with KC2026. Page 331 of 516 PASSED THIS DAY OF , 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. _______________________________ Presiding Officer of the City Council of the City of Independence, Missouri ATTEST: I hereby certify that there is a balance, otherwise unencumbered, to the credit of __________________________________ the appropriation to which the foregoing City Clerk expenditure is to be charged, and a cash balance, otherwise unencumbered, in the APPROVED AS TO FORM AND LEGALITY: treasury, to the credit of the fund from which payment is to be made, sufficient __________________________________ to meet the obligation hereby incurred. City Counselor REVIEWED BY: Source is: As Indicated Above______ ________________________________ ______________________________ City Manager Director of Finance & Administration City of Independence, Missouri Page 332 of 516Page 333 of 516Page 334 of 516Page 335 of 516Page 336 of 516Page 337 of 516Page 338 of 516Page 339 of 516 Lindsey Douglas Chief Operations Officer 6/15/2026 Page 340 of 516Page 341 of 516Page 342 of 516Page 343 of 516Page 344 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-076 2R An ordinance authorizing the City Manager to execute a sidewalk improvement agreement with the Missouri Highways and Transportation Commission for the Winner Road Complete Streets Project (Project No. 112403 / Federal Project No. STBG- 33479(440). 2R Item passes 7-0 Ord. No. 19835 Recommendations: Council approval is recommended. Background: This agreement outlines the City's responsibilities and expectations for use, restoration, and maintenance of sidewalks in the Missouri Department of Transportation Right-of-Way as part of the Winner Road Complete Streets project. The intersections in question are at Winner Road and Truman Road, and Winner Road and US-24 Highway. Emergency Justification: Fiscal Impact: There is no fiscal impact to the City. Council Action: Department / Municipal Services / Contact REVIEWERS Mike Jackson Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. MS.Winner Road Complete Streets - Sidewalk Improvements Agreement Ordinance 2. 2026-04-90039 Winner Rd Sidewalk Agreement MoDOT Page 345 of 5163. Ord. No. 19835 Page 346 of 516Sidewalk Improvements Agreement Winner Road Complete Streets BILL NO. __________ ORDINANCE NO. __________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDEWALKS IMPROVEMENT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE WINNER ROAD COMPLETE STREETS PROJECT (PROJECT NO. 112403 / FEDERAL PROJECT NO. STBG-3379(440). WHEREAS, the City Council of the City of Independence, Missouri, did approve Ordinance No. 19543 authorizing the City Manager to execute a Cost Share Agreement with the Missouri Highways and Transportation Commission on April 15, 2026; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the City Manager of the City of Independence, Missouri, is authorized to sign and execute for and on behalf of the City of Independence the Sidewalk Improvement Agreement with the Missouri Highways and Transportation Commission for the Winner Road Complete Streets (Project No. 112403 / Federal Project No. STBG-3379(440); a copy of which is attached hereto, incorporated by reference thereto and made a part hereof as though fully set out herein. PASSED THIS DAY OF , 2024, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. ___________________________________ Presiding Officer of the City Council Of the City of Independence, Missouri ATTEST: I hereby certify that there is a balance, otherwise unencumbered, to the credit of City Clerk the appropriation to which the foregoing expenditure is to be charged, and a cash APPROVED - FORM AND LEGALITY: balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, sufficient City Counselor Source is: Street Sales Tax Funds REVIEWED BY: ___________________________________ Page 347 of 516 CCO Form: DE65 Approved: 12/07 (BDG) Revised: 12/24 (MWH) Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION SIDEWALK IMPROVEMENTS AGREEMENT THIS AGREEMENT is made and entered into by and between the Missouri Highways and Transportation Commission (hereinafter, "Commission"), whose address is P.O. Box 270, 105 W. Capitol, Jefferson City, Missouri 65102, and City of Independence (hereinafter, "Entity"), whose address is 20201 E Jackson Drive, Independence Missouri. WITNNESSETH: WHEREAS, the Commission owns and operates, as part of the State Highway System, Route 24 and Route 12 located in Jackson County; and WHEREAS, the Entity is desirous of performing certain tasks related to the installation and maintenance of sidewalk improvements. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained in this Agreement, the parties agree as follows: (1) PROPOSAL: The Entity proposes and the Commission will allow the installation, including maintenance, of sidewalk improvements on Commission right- of-way as provided in this Agreement. (2) LOCATION: The general location of the sidewalk improvements to be installed and maintained pursuant to this Agreement is along Winner Road at the intersections of Route 24 and Route 12 in Jackson County, Missouri, as shown on the attachment marked as Exhibit A, which is incorporated herein by reference. (3) COSTS: All costs associated with the construction of the proposed sidewalk improvements, including, but not limited to, signing, traffic signals, and traffic control during construction, will be borne entirely by the Entity, with no cost incurred by the Commission. (4) PLANS: The Entity shall have detailed plans prepared at no cost to the Commission, which are to be submitted to the Commission's District Engineer for the Commission's review and approval. The Commission's District Engineer, in his/her sole discretion, may require modifications to the plans prior to approving the plans. (5) TRAFFIC CONTROL DEVICES: All pavement marking, signs, and traffic signals installed with the proposed improvements shall be in accordance with -1- Page 348 of 516 the latest revision of the Manual on Uniform Traffic Control Devices for Streets and Highways. (6) RELOCATION: The Entity shall secure the removal, relocation, or adjustment of any public or private utilities located on private easements or public right-of way, if the construction of the herein contemplated improvements so required, without cost to the Commission. (7) INSPECTION: The Entity will allow inspection of the construction and maintenance activities of the herein contemplated improvements by the Commission's District Engineer, or his authorized representative, at any time and shall take no attempts to prevent said inspection. Within thirty (30) days following notice by the Entity to the Commission that construction is complete, the Commission will inspect the work to determine that it is acceptable. The sidewalk improvements will not be placed in operation until the Commission authorizes. (8) INDEMNIFICATION: To the extent allowed or imposed by law, the Entity shall defend, indemnify, and hold harmless the Commission, including its members and the Missouri Department of Transportation (“Department” or “MoDOT”) employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the Entity's wrongful or negligent performance of its obligations under this Agreement. (9) INSURANCE: (A) The Entity is required or will require any contractor procured by the Entity to work under this Agreement: 1. To obtain a no cost permit from the Commission’s district engineer prior to working on the Commission’s right-of-way, which shall be signed by an authorized contractor representative (a permit from the Commission’s district engineer will not be required for work outside of the Commission’s right-of-way); and 2. To carry commercial general liability insurance and commercial automobile liability insurance from a company authorized to issue insurance in Missouri, and to name the Commission, and the MoDOT and its employees, as additional insureds in amounts sufficient to cover the sovereign immunity limits for Missouri public entities ($600,000 per claimant and $4,000,000 per occurrence) as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration, and published annually in the Missouri Register pursuant to Section 537.610, RSMo. (B) In no event shall the language of this Agreement constitute or be construed as a waiver or limitation for either party’s rights or defenses with regard to each party’s applicable sovereign, governmental, or official immunities and protections as provided by federal and state constitution or law. -2- Page 349 of 516 (10) OWNERSHIP AND MAINTENANCE: All improvements made pursuant to this Agreement within the state-owned right-of-way shall become the Commission's property. The Entity, at its sole cost and expense, is responsible for maintaining all sidewalks constructed or installed pursuant to this Agreement in fully operational, safe and aesthetically acceptable condition. All future alterations, modifications, or maintenance of the sidewalk improvements will be the responsibility of the Entity. Maintenance by the Entity will include, but is not limited to, crack repair, patching holes, removing litter, debris, trash, and leaves, and removal of snow and ice (through methods approved by the Commission). All sidewalks constructed pursuant to this Agreement shall be maintained in a condition safe for use of the sidewalks by the general public at all times. If the Entity fails to maintain the sidewalks in a safe condition, the Commission may cancel this Agreement and remove the sidewalks from Commission right of way or the Commission may maintain the sidewalks at the Entity's cost and expense. (11) PERMITS: Before beginning work, the Entity shall secure from the Commission's District Engineer a permit for the proposed improvement. The Entity shall comply with any additional conditions placed on the permit by the Commission. (12) BOND: The Entity shall secure sufficient bond, as determined by the Commission's District Engineer or his authorized representative, for the construction of the proposed improvement on Commission right-of-way. (13) CONSTRUCTION OF IMPROVEMENTS: All construction of the proposed improvements shall be according to the latest editions of the Missouri Highways and Transportation Commission's Standard Specifications for Highway Construction, Standard Plans for Highway Construction, and the MoDOT's Approved Products List for Traffic Signals and Highway Lighting. (14) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of the Entity and the Commission. (15) ASSIGNMENT: The Entity shall not assign, transfer, or delegate any interest in this Agreement without the prior written consent of the Commission. (16) AUDIT OF RECORDS: The Entity must maintain all records relating to this Agreement, including but not limited to invoices, payrolls, etc. These records must be available at all reasonable times at no charge to the Commission and/or its designees or representatives during the period of this Agreement and any extension thereof, and for three (3) years from the date of final payment made under this Agreement. (17) CANCELLATION: The Commission may cancel this Agreement at any -3- Page 350 of 516 time for a material breach of contractual obligations or for convenience by providing the Entity with written notice of cancellation. Should the Commission exercise its right to cancel the contract for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Entity. (18) APPLICABLE LAWS AND REGULATIONS: This Agreement shall be construed according to the laws of the State of Missouri. Each party shall comply with all applicable federal, state, and local laws, regulations, and ordinances. Additionally, each party shall adhere to all accepted industry standards, processes, and procedures relevant to the performance of their obligations under this Agreement. A violation of this paragraph constitutes a material breach of the Agreement. (19) MISSOURI NONDISCRIMINATION CLAUSE: The Entity shall comply with all state and federal statutes applicable to Entity relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964 as amended (Title 42 United States Code (USC) Sections 2000d and 2000e, et seq.); and with any provision of the Americans with Disabilities Act (42 USC Section 12101, et seq.). (20) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (21) SECTION HEADINGS: All section headings contained in this Agreement are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. (22) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Commission and the Entity. (23) NO INTEREST: By constructing and maintaining the sidewalk improvements on Commission right of way, the Entity gains no interest in Commission right-of-way whatsoever. The Commission shall not be obligated to keep the constructed improvements in place if the Commission, in its sole discretion, determines removal or modification of the improvements is in the best interests of the state highway system. In the event the Commission decides to remove the improvements, the Entity shall not be entitled to a refund of the funds expended by the Entity pursuant to this Agreement. (24) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that they are acting officially and properly on behalf of their respective institutions and have been duly authorized, directed and empowered to execute this Agreement. (25) VOLUNTARY NATURE OF AGREEMENT: Each party to this Agreement warrants and certifies that it enters into this transaction and executes this -4- Page 351 of 516 Agreement freely and voluntarily and without being in a state of duress or under threats or coercion. (26) ENTIRE AGREEMENT: This Agreement represents the entire understanding between the parties regarding this subject and supersedes all prior written or oral communications between the parties regarding this subject. (27) DURATION: Unless otherwise terminated pursuant to (10) or (17), above, or through mutual agreement of the parties, this Agreement shall be in effect for a continuing duration upon execution of this Agreement. [Remainder of Page Intentionally Left Blank] -5- Page 352 of 516 IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the Entity on _________________________________(DATE). Executed by the Commission on ____________________________(DATE). MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION City of Independence By_______________________________ By_____________________________ Title_____________________________ Title___________________________ ATTEST: ATTEST: __________________________________ By___________________________ Secretary to the Commission Title__________________________ Approved as to Form: Approved as to Form: ________________________________ By___________________________ Commission Counsel Title__________________________ Ordinance Number: N/A -6- Page 353 of 516 Exhibit A -7- Page 354 of 516Page 355 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-077 2R An ordinance amending Section 12.03.009(A) of the Independence City Code to add subsection (3) to create a Santa-Cali-Gon district curfew over the Labor Day weekend. 2R Item passes 7-0 Ord. No. 19836 Recommendations: Council approval is recommended. Background: The proposed ordinance amends Section 12.03.009(A) of the Independence City Code to establish a new temporary Santa-Cali-Gon District Curfew, specifically for the Labor Day weekend. This curfew is intended to enhance public safety during the Santa-Cali-Gon Days festival in the Independence Square area. The ordinance adds a new subsection that: • Defines a curfew for minors under 18 within a designated district bounded by Noland Road, Pleasant Street, Farmer Street, and Walnut Street. • Sets curfew hours from 6:00 p.m. to 6:00 a.m., effective beginning the Thursday before Labor Day at 6:00 p.m. through noon on Labor Day. • Mirrors existing exceptions used in other curfews, allowing minors to be accompanied by a parent/guardian, engaging in emergency errands, returning home from school or recreational events, or returning home from lawful employment. The amendment maintains all other existing curfew rules, including the citywide curfew and the I70/M291 District Curfew. Adoption of this ordinance formalizes a targeted curfew intended to support safety and crowd management during one of the City’s largest annual events. Emergency Justification: Fiscal Impact: None Council Action: Page 356 of 516Department / City Manager / Contact REVIEWERS Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Curfew Santa Cali Gon 2. Ord. No. 19836 Page 357 of 516 BILL NO. ___________ ORDINANCE NO. ___________ AN ORDINANCE AMENDING SECTION 12.03.009(A) OF THE INDEPENDENCE CITY CODE TO ADD SUBSECTION (3) TO CREATE A SANTA-CALI-GON DISTRICT CURFEW OVER THE LABOR DAY WEEKEND WHEREAS, the safety and welfare of all citizens of and visitors to the City of Independence has been identified as a priority; and, WHEREAS, the City of Independence has previously created the I70/M291 District Curfew in Section 12.03.009(A)(2); and, WHEREAS, the City of Independence desires to create a second District Curfew for the Independence Square limited to specific hours and days during the Labor Day Weekend; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. Section 12.03.009(A) of the Independence City Code is hereby amended to read as follows: A. City Curfew and I70/M291 District Curfew and Santa-Cali-Gon District Curfew 1. City Curfew and I70/M291 District Curfew:1.City Curfew. It is unlawful for a minor (defined as a child under the age of 18 years for this subsection) to loiter or play in or upon the public street, public grounds, public buildings, amusement places, dining places, vacant places, shopping places within the City of Independence between the hours of 10:00 p.m. and 6:00 a.m. on any ordinance Sunday, Monday, Tuesday, Wednesday, or Thursday or between the hours of 11:00 p.m. and 6:00 a.m. on any Friday or Saturday or on the nights of the eves of the principal U.S. holidays, which are as follows: New Year's Eve, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas. The provisions of this section do not apply to a minor accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, to a minor who is upon an emergency errand directed by his or her parent, guardian, or other adult person having the care and custody of the minor, to a minor returning directly home from a school activity, recreational event, dance, concert, or to a minor returning directly home from lawful employment. 2. I70/M291 District Curfew. It is unlawful for a minor (defined as a child under the age of 18 years for this subsection) to loiter or play in or upon the public streets, public grounds, public buildings, amusement places, dining places, vacant places, shopping places within the City of Independence between the hours of 9:00 p.m. and 6:00 a.m. on any ordinance day of the week. For the purposes of this subsection, the following area shall be considered the Page 358 of 516 I70/M291 District: The area generally described as the area between 40 Highway on the south, 39th Street on the north including all public and private businesses directly accessed by 39th Street, Little Blue Parkway to the East, and M291 Highway to the west including all public and private businesses directly accessed by Bass Pro Drive west of M291 Highway. The provisions of this section do not apply to a minor accompanied by his or her parent, guardian, or other adult person have the care and custody of the minor, to a minor who is upon an emergency errand directed by his parent, guardian, or other adult person having the care and custody of the minor, to a minor returning directly home from a school activity, recreational event, dance, concert, or to a minor returning, directly home for lawful employment. 3. Santa-Cali-Gon District Curfew. It is unlawful for a minor (defined as a child under the age of 18 years for this subsection) to loiter or play in or upon the public streets, public grounds, public buildings, amusement places, dining places, vacant places, shopping places within the City of Independence between the hours of 6:00 p.m. and 6:00 a.m. effective only from 6:00 p.m. the Thursday before Labor Day until 12:00 p.m. on Labor Day. For the purposes of this subsection, the following area shall be considered the Santa-Cali-Gon District: The area generally described as the area between Noland Road on the East, Pleasant Street on the West, Farmer Street on the North, and Walnut Street on the South. The provisions of this section do not apply to a minor accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, to a minor who is upon an emergency errand directed by his parent, guardian, or other adult person having the care and custody of the minor, to a minor returning directly home from a school activity, recreational event, dance, concert, or to a minor returning, directly home for lawful employment. 4. SECTION 2. That all other parts and provisions of the City Code remain in full force and effect unless previously or subsequently amended or repealed. PASSED THIS ______ DAY OF _______________, 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. ____________________________________ Presiding Officer of the City Council of the City of Independence, Missouri ATTEST: ______________________________ City Clerk Page 359 of 516APPROVED - FORM AND LEGALITY: ______________________________ City Counselor REVIEWED BY: ______________________________ City Manager NOTE: Text text being added by this ordinance is in bold Page 360 of 516Page 361 of 516Page 362 of 516Page 363 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-078 2R An ordinance calling an election to authorize the issuance of General Obligation Bonds for the City of Independence, Missouri. 2R Item passes 7-0 Ord. No. 19837 Recommendations: Council approval is recommended. Background: On July 20, 2026, the Independence City Council approved Resolution 26-758, requesting that the City Manager bring forth an ordinance for Council consideration to call an election for November 3, 2026, to vote on a General Obligation (GO) Bond dedicated to funding City-owned historic sites. The City of Independence is proposing to place a GO Bond question before voters on November 3, 2026, seeking authorization to issue $19,900,000 in bonds dedicated to major improvements and long-term planning for several City-owned historic sites. This action follows years of documented deferred maintenance needs, totaling approximately $903 million citywide as identified in the 2016 Deferred Maintenance Report, along with repeated recommendations in subsequent plans and studies urging the City to pursue a GO bond strategy to address aging public assets. A prior GO bond question for parks and recreation and historic site facilities in April 2025 narrowly failed to meet the required four-sevenths approval threshold. If approved, funds would support renovations, improvements, and equipment upgrades at the Bingham-Waggoner Estate, Vaile Mansion, Truman Memorial Building, Old Fire Station One, and the 1827 Log Courthouse, as well as creation of a 20-year business plan for these historic assets. A detailed expenditure plan estimates project costs at $15.6 million, cost of issuance fees plus a 25% contingency, totaling $19.9 million. The ordinance also authorizes publication of the required Debt Statement, directs notification of election authorities, and establishes that voter approval would permit the levy of a property tax sufficient to repay the bonds within twenty years. Additionally, Independence residents would receive free regular admission to the listed historic sites for the duration of the bond repayment period. Emergency Justification: Fiscal Impact: Page 364 of 516If approved by the qualified voters, the City would be authorized to issue debt up to $19.9 Million. The annual debt service is projected to be approximately $1.6 million. Assuming this full amount were issued, and assuming there was no change in the assessed valuation of property within the corporate limits of the City of Independence, the first year would require a levy of $0.1449 per $100 of assessed valuation to establish the first year annual debt service payment and debt service reserve. Each year thereafter would require a levy of approximately $0.0759 per $100 of assessed valuation. Council Action: Department / City Manager / Contact REVIEWERS Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. CM.Nov2026 GO Bond Election 2. Ord. No. 19837 Page 365 of 516NOV 2026 GO BOND ELECTION 7/24/2026 - CED BILL NO. ________ ORDINANCE NO. ______ AN ORDINANCE CALLING AN ELECTION TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE CITY OF INDEPENDENCE, MISSOURI. WHEREAS, Missouri municipalities are authorized to issue general obligation bonds (“GO bonds”) pursuant to Article VI, Section 26(b) through (e) of the Missouri Constitution as well as Sections 95.115 to 95.130 of the Revised Statutes of the State of Missouri; and, WHEREAS, GO bonds are a means to borrow money to generate revenue for acquisitions and construction projects; and, WHEREAS, GO bonds are secured by the full faith, credit, and taxing power of a municipality and are paid back through property taxes; and, WHEREAS, GO bonds pay for capital projects and cannot be used for operational costs like salaries and supplies; and, WHEREAS, in recent years, many Missouri municipalities in the Kansas City region have issued, or have received voter authorization to issue, GO bonds to address capital maintenance and improvements on at least one occasion, including cities such as Independence, Blue Springs, Lee’s Summit, Raytown, Liberty, Kansas City, Platte City, and Pleasant Hill; and, WHEREAS, on November 28, 2016, the City Council directed staff by consensus to prepare recommendations for steps the city can take to improve citizen satisfaction; and, WHEREAS, the direction was prompted by the results of the 2016 Citizen Satisfaction Survey administered by ETC Institute and indicated a level of dissatisfaction with maintenance of City assets; and WHEREAS, City staff prepared and presented a Deferred Maintenance Report in December 2016 detailing pending maintenance and improvement projects over the next 20 years that are either unfunded or deferred for an extended period due to the high demand for projects assigned to particular funding sources; and, WHEREAS, the report estimated unfunded maintenance and improvement projects citywide totaled approximately $903 million; and, WHEREAS, the report provided several recommendations to address this backlog including renewal of the one-half cent Street Sales Tax that was scheduled to sunset in 2018, evaluation of utility rate structures to ensure fair and adequate rates, and pursual of one or more new revenue streams including a GO bond; and, Page 366 of 516NOV 2026 GO BOND ELECTION 7/24/2026 - CED WHEREAS, on August 8th, 2017, voters renewed the Street Sales Tax and made it perpetual until repealed; and, WHEREAS, electric, water, and sanitary sewer rates are routinely evaluated to ensure adequate revenue is produced to operate these utilities in a business-like manner; and WHEREAS, numerous reports, plans, and studies have continued to recommend the approval of a GO bond issue including the Independence for All 2017-2021 Strategic Plan, 2018 Downtown Redevelopment Coordinating Committee Report, the 2023 City of Independence Action Plan, the 2024-2027 Independence City Council Strategic Agenda, and the Reshaping the Square Master Plan; and, WHEREAS, on April 8, 2025, an election was held for the qualified voters of the City of Independence, Missouri, asking three general obligation bond questions; and, WHEREAS, one of the three questions asked at the April 8, 2025, elections was “shall the City of Independence, Missouri, issue its general obligation bonds in the amount of $12,000,000 for the purpose of renovating, improving and equipping parks and recreation buildings, facilities and grounds, including historic buildings and the Independence Athletic Complex?”, which failed by only receiving 55.42% yes votes and where four-sevenths (57.14%) majority was required; and, WHEREAS, on July 20, 2026, the Independence City Council approved Resolution 26- 758, requesting that the City Manager bring forth an ordinance for Council consideration to call an election for November 3, 2026, to vote on a General Obligation Bond dedicated to funding City-owned historic sites; and, WHEREAS, in accordance with Article 10 of the City Charter, the City’s Director of Finance has prepared and filed in the office of the City Clerk the debt statement attached hereto as Exhibit 3 (the “Debt Statement”); and, WHEREAS, the City Council desires to approve the Debt Statement and proceed with calling an election on questions relating to the issuance of GO bonds; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. The City Council of the City of Independence, Missouri, finds it necessary and hereby declares its intent to borrow $19,900,000 for the purposes described in the ballot questions below. The City Council hereby approves of the Debt Statement attached hereto as Exhibit 3. City Staff are directed to arrange for the publication of the Debt Statement in The Examiner at least two weeks prior to November 3, 2026. SECTION 2. That an election is hereby called and shall be held on November 3, 2026, placing before the voters within the City of Independence the following questions in the following order: Page 367 of 516NOV 2026 GO BOND ELECTION 7/24/2026 - CED GENERAL OBLIGATION BOND QUESTION NO. 1 Shall the City of Independence, Missouri, issue its general obligation bonds in the amount of $19,900,000 for the purpose of renovating, improving and equipping historic buildings, facilities and grounds, and for the creation of a 20-year business plan for historic buildings, with priority given to the Bingham-Waggoner Estate, the Vaile Mansion, the Truman Memorial Building, the Old Fire Station One, and the 1827 Log Courthouse? SECTION 3. That the Notice of Election showing said questions, a copy of which is attached hereto and made part hereof as Exhibit 1, is hereby approved. SECTION 4. That voter approval of the Bonds will authorize the levy and collection of an annual tax in addition to the other taxes provided for by law on all taxable tangible property in the City, sufficient to pay the interest and principal of the Bonds as they fall due and to retire the same within twenty (20) years from the date on which such Bonds are issued. SECTION 5. That the City Clerk is hereby authorized and directed to notify the Board of Election Commissioners of Jackson County, Missouri and the Board of Election Commissioners of Clay County, Missouri, of the passage of this Ordinance no later than 5:00 P.M. on August 25, 2026, in accordance with laws applicable to this election. SECTION 6. That any question(s) approved by the voters of the City at the November 3, 2026, election shall become effective immediately after certification of the election results. SECTION 7. That this Ordinance shall be in full force from and after its passage and approval. SECTION 8. That the City of Independence residents would receive free admission to the Bingham-Waggoner Estate, the Vaile Mansion, the Truman Memorial Building, the Old Fire Station One, and the 1827 Log Courthouse upon passage of this Ordinance through the date of retirement of the bonds. SECTION 9. That the City expects to make expenditures on and after the date of passage of this Ordinance in connection with the projects, and the City intends to reimburse itself for such expenditures with the proceeds of the Bonds described above. The maximum principal amount of Bonds expected to be issued for the Projects is set forth in Section 1. PASSED THIS ____ DAY OF _________________, 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. _________________________________ Presiding Officer of the City Council of the City of Independence, Missouri Page 368 of 516NOV 2026 GO BOND ELECTION 7/24/2026 - CED ATTEST: _______________________________ City Clerk APPROVED - FORM AND LEGALITY: ________________________________ City Counselor REVIEWED BY: ________________________________ City Manager Page 369 of 516NOV 2026 GO BOND ELECTION 7/24/2026 - CED EXHIBIT 1 PUBLIC NOTICE OF ELECTION FOR THE CITY OF INDEPENDENCE, MISSOURI Public notice is hereby given to the qualified voters of the City of Independence, Missouri, that the Independence City Council has called an Election to be held Tuesday, November 3, 2026, commencing at six o’clock A.M. and closing at seven o’clock P.M., local time, on the questions contained in the following sample ballot: OFFICIAL BALLOT CITY OF INDEPENDENCE, MISSOURI ELECTION TUESDAY, NOVEMBER 3, 2026 GENERAL OBLIGATION BOND QUESTION NO. 1 Shall the City of Independence, Missouri, issue its general obligation bonds in the amount of $19,900,000 for the purpose of renovating, improving and equipping historic buildings, facilities and grounds, and for the creation of a 20-year business plan for historic buildings, with priority given to the Bingham-Waggoner Estate, the Vaile Mansion, the Truman Memorial Building, the Old Fire Station One, and the 1827 Log Courthouse? YES NO INSTRUCTIONS TO VOTERS: Instructions to Voters: If you are in favor of the question, place an X in the box opposite “YES.” If you are opposed to the question, place an X in the box opposite “NO.” The election will be held at the following polling places in the City: PRECINCT POLLING PLACE ____________________ ____________________ DATED: _______________, 202__. ___________________________________ Board of Election Commissioners of Jackson County, Missouri Page 370 of 516NOV 2026 GO BOND ELECTION 7/24/2026 - CED ________________________________ Board of Election Commissioners of Clay County, Missouri Page 371 of 516NOV 2026 GO BOND ELECTION 7/24/2026 - CED EXHIBIT 2 ESTIMATED EXPENDITURES OF GENERAL OBLIGATION BOND PROCEEDS Project Category Total Bingham-Waggoner Estate $7,500,000 Vaile Mansion $4,500,000 Truman Memorial Building $1,500,000 Old Fire Station One $1,500,000 1827 Log Courthouse $600,000 Subtotal $15,600,000 Cost of Issuance $400,000 25% Contingency $3,900,000 General Obligation Plan $19,900,000 Total Page 372 of 516NOV 2026 GO BOND ELECTION 7/24/2026 - CED EXHIBIT 3 DEBT STATEMENT The aggregate principal amount of all outstanding general obligation bonds and notes of the City of Independence, Missouri (the “City”) is as follows: $27,780,000 Deductions, if any, permitted by the state constitution or law: -0- The amount of the existing net general obligation $27,780,000 indebtedness of the City: Authorized but unissued General Obligation indebtedness $27,220,000 The amount of the net general obligation indebtedness of the City after the issuance of the bonds authorized by the bond ordinance authorizing questions for the November 3, 2026 election: Question 1: $19,900,000 Total: $19,900,000 Total authorized and unissued, outstanding, and proposed General Obligation bonds $74,900,000 The assessed valuation of taxable tangible property within Jackson County: $2,318,581,733 the City as shown by the last completed assessment for Clay County: 340 state and county purposes: Total: $2,318,582,073 The aggregate principal amount of general obligation bonds and notes which the City may issue pursuant to the state constitution and law: $463,716,414.60 Less total authorized and unissued, outstanding, and proposed General Obligation bonds ($74,900,000) Available principal amount of general obligation bonds and notes which the City may issue pursuant to the state constitution and law with additional voter approval: $388,816,414.60 Prepared by the Director of Finance of the City of Independence, Missouri July 24, 2026 Page 373 of 516Page 374 of 516Page 375 of 516Page 376 of 516Page 377 of 516Page 378 of 516Page 379 of 516Page 380 of 516Page 381 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-079 2R An ordinance authorizing persons to hold more than one office within the City. 2R Item passes 7-0 Ord. No. 19838 Recommendations: Council approval is recommended. Background: Sec. 5.13 of the City Charter states that the City Council may, by ordinance, authorize the same person to hold more than one office in the City. Passage of this ordinance will confirm the City Council's authority to appoint the same person to more than one City board, commission, or committee. Emergency Justification: Fiscal Impact: Council Action: Department / City Manager / Contact REVIEWERS Melissa Cabrera Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Ordinance - More than one office, 7-24-26 2. Ordinance - More than one office 7-24-26 3. Ord. No. 19838 Page 382 of 516 Page 383 of 516 BILL NO. __________________ ORDINANCE NO. ________________ AN ORDINANCE AUTHORIZING PERSONS TO HOLD MORE THAN ONE OFFICE WITHIN THE CITY. WHEREAS, Section 5.13 of the City Charter authorizes the City Council to allow persons to hold more than one office within the City if the City Council approves an ordinance allowing such. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. Chapter 1, Article 21 of the City Code shall hereby be amended as follows: Sec. 1.21.001. Persons may hold more than one office. As authorized by Sec. 5.13 of the City Charter, persons may hold more than one office on a city board, committee, or commission, if appointed by the city manager, by the council, or by other city authority having power to fill the particular office. PASSED THIS ________ DAY OF ________________, 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. ______________________________ Presiding Officer of the City Council of the City of Independence, Missouri ATTEST: _______________________________ City Clerk APPROVED AS TO FORM AND LEGALITY: _______________________________ City Counselor REVIEWED BY: Drafter’ s Note: Language shown this is added; language shown thus is deleted. Page 384 of 516 _______________________________ City Manager Drafter’ s Note: Language shown this is added; language shown thus is deleted. Page 385 of 516 Drafter’ s Note: Language shown this is added; language shown thus is deleted. Page 386 of 516 BILL NO. __________________ ORDINANCE NO. ________________ AN ORDINANCE AUTHORIZING PERSONS TO HOLD MORE THAN ONE OFFICE WITHIN THE CITY. WHEREAS, Section 5.13 of the City Charter authorizes the City Council to allow persons to hold more than one office within the City if the City Council approves an ordinance allowing such. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. Chapter 1, Article 21 of the City Code shall hereby be amended as follows: Sec. 1.21.001. Persons may hold more than one office. As authorized by Sec. 5.13 of the City Charter, persons may hold more than one office on a city board, committee, or commission, if appointed by the city manager, by the council, or by other city authority having power to fill the particular office. PASSED THIS ________ DAY OF ________________, 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. ______________________________ Presiding Officer of the City Council of the City of Independence, Missouri ATTEST: _______________________________ City Clerk APPROVED AS TO FORM AND LEGALITY: _______________________________ City Counselor REVIEWED BY: Drafter’ s Note: Language shown this is added; language shown thus is deleted. Page 387 of 516 _______________________________ City Manager Drafter’ s Note: Language shown this is added; language shown thus is deleted. Page 388 of 516Page 389 of 516Page 390 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-080 1R An ordinance amending City Code Chapter 16, Article 5, by adding provisions requiring an Energy Services Agreement (ESA) for large load customers served by Independence Power & Light. 1R Read Recommendations: Council approval is recommended. Background: This ordinance introduces new definitions and requirements to ensure that very large electric customers, those with loads of 10 MW or greater, are served under a formal Energy Services Agreement (ESA). These changes create a clear framework for how IPL manages large-load electric service, capacity planning, infrastructure obligations, and cost recovery. The ESA becomes a required, binding contract that must be executed before IPL provides service or commits to transmission, generation, or construction activities. Its stated purpose is to protect system reliability, ensure full recovery of costs associated with serving large customers, safeguard IPL’s financial integrity, and prevent any cost shifting to existing ratepayers. The new section also outlines comprehensive provisions that must be included in each ESA, addressing service requirements, infrastructure responsibilities, power supply needs, transmission upgrades, financial security, performance milestones, and risk management. Large Load Customers are made fully responsible for all direct and indirect costs related to their service, including generation resources, power supply, engineering, permitting, studies, and regulatory fees. The ordinance adds strong ratepayer protections and establishes enforcement authority, allowing IPL to deny, suspend, or disconnect service if a customer fails to execute or comply with an ESA, ensuring full regulatory compliance and alignment with applicable laws and utility standards. Emergency Justification: Fiscal Impact: Council Action: Page 391 of 516Department / City Manager / Contact REVIEWERS Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Ordinance Requiring ESA for Large Load Customers_JJH Page 392 of 516Ordinance requiring an ESA for large load customers BILL NO. _____________ ORDINANCE NO. ____________ AN ORDINANCE AMENDING CITY CODE CHAPTER 16, ARTICLE 5, BY ADDING PROVISIONS REQUIRING AN ENERGY SERVICES AGREEMENT (ESA) FOR LARGE LOAD CUSTOMERS SERVED BY THE INDEPENDENCE POWER & LIGHT WHEREAS, the City of Independence, Missouri ("City") owns and operates the Independence Power & Light Department ("IPL"), a municipally owned utility that serves approximately 60,000 customers; and WHEREAS, the City desires to foster economic development while ensuring long-term grid reliability, capacity sufficiency, and financial stability for all utility ratepayers; and WHEREAS, the arrival of high-density energy consumers (such as large industrial and data center operations) requires substantial electrical capacity; and WHEREAS, the City Council determines it is necessary and in the public interest to require large load customers to execute an Energy Services Agreement (ESA) to secure power supply obligations, infrastructure requirements, and rate protections; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. Section 16.05.001 of the Independence City Code is hereby amended to add the following: In this article, unless the context requires otherwise: CITY means the City of Independence, Missouri. ELECTRIC UTILITY DIRECTOR means the Electric Utility Director of the Power and Light Department or a designated representative. ENERGY SERVICES AGREEMENT or ESA means a binding, long-term contract between a Customer and the City (acting by and through IPL), which establishes the terms for electrical service, capacity allocation, infrastructure investments, pricing, and power purchase obligations. LARGE LOAD CUSTOMER means any commercial, industrial, or institutional customer with a projected, contracted, or measured peak electrical demand of 10 MW or greater, or as otherwise defined by the Electric Utility Director in the IPL Electric Service Policies. Drafter’s Note: deleted language is shown thus; inserted language is shown thus Page 393 of 516Ordinance requiring an ESA for large load customers SECTION 2. Section 16.05.008 of the Independence City Code is hereby created to add the following: A. ENERGY SERVICES AGREEMENT REQUIRED Any Large Load Customer seeking to establish new electric service, expand existing electric service, materially modify existing electric service, reserve electric capacity, interconnect load, interconnect generation, or otherwise require IPL to plan for, procure, construct, reserve, study, or commit electric capacity, generation resources, transmission service, distribution facilities, or related infrastructure shall enter into and maintain a fully executed Energy Services Agreement ("ESA") with the City, acting by and through IPL. Execution of an ESA shall be required prior to the provision of electric service, energization of facilities, reservation of capacity, issuance of final utility approvals, or commitment by IPL to any third-party transmission, generation, interconnection, construction, study, or power supply obligation associated with the Customer. B. PURPOSE OF ESA The purpose of the ESA shall be to ensure: 1. Reliable electric service and system planning; 2. Recovery of all costs attributable to serving the Customer; 3. Protection of IPL's financial integrity and operational reliability; 4. Protection of existing ratepayers from subsidizing large load customers; 5. Compliance with applicable laws, regulations, tariffs, and reliability requirements; and 6. Appropriate allocation of risks associated with serving large electric loads. C. REQUIRED ESA PROVISIONS The ESA shall contain such terms and conditions as the Electric Utility Director determines necessary to protect the interests of IPL, the City, and IPL customers, including but not limited to provisions addressing: 1. Electric service requirements and capacity obligations; 2. Infrastructure construction, ownership, operation, maintenance, and replacement responsibilities; 3. Generation, power supply, resource adequacy, and capacity requirements; Drafter’s Note: deleted language is shown thus; inserted language is shown thus Page 394 of 516Ordinance requiring an ESA for large load customers 4. Transmission service, interconnection, and system upgrade requirements; 5. Cost allocation, reimbursement, and cost recovery obligations; 6. Rights-of-way, easements, permitting, and land acquisition requirements; 7. Financial security, credit support, deposits, guarantees, or other assurances; 8. Demand response, curtailment, operational control, and reliability requirements; 9. Customer development milestones, load ramp schedules, and performance obligations; 10. Default remedies, termination rights, and stranded cost recovery provisions; 11. Indemnification, liability allocation, and risk management provisions; and 12. Such additional terms as the Electric Utility Director determines necessary or advisable. D. CUSTOMER COST RESPONSIBILITY A Large Load Customer shall be responsible for all direct, indirect, incremental, assigned, allocated, tariffed, or otherwise attributable costs associated with providing electric service to such Customer. The ESA may require reimbursement, payment, or financial security for costs associated with: 1. Electric generation resources; 2. Purchased power and energy supply arrangements; 3. Capacity and resource adequacy obligations; 4. Transmission service and transmission upgrades; 5. Distribution facilities and system improvements; 6. Substations, switchyards, and interconnection facilities; 7. Engineering, consulting, legal, environmental, permitting, and regulatory activities; 8. Studies, applications, deposits, fees, and charges imposed by transmission providers, regional transmission organizations, governmental entities, or other third parties; and Drafter’s Note: deleted language is shown thus; inserted language is shown thus Page 395 of 516Ordinance requiring an ESA for large load customers 9. Any other costs reasonably incurred by IPL in connection with serving the Customer. E. RATEPAYER PROTECTION No ESA shall be approved unless IPL determines that the agreement contains provisions reasonably designed to prevent the costs and risks associated with serving the Large Load Customer from being shifted to other IPL customers. The ESA may require minimum payment obligations, reservation charges, take-or-pay commitments, termination payments, credit support, cost recovery mechanisms, or other protections necessary to prevent cost shifting or stranded costs. F. COMPLIANCE WITH REGULATORY AND RELIABILITY REQUIREMENTS The Customer shall comply with all applicable federal, state, regional, local, utility, market, transmission, reliability, interconnection, and operational requirements associated with receiving electric service. The ESA may require the Customer to satisfy requirements imposed by IPL, transmission providers, regional transmission organizations, reliability entities, governmental agencies, or other applicable authorities. G. ENFORCEMENT No Large Load Customer may receive electric service except in accordance with a valid ESA. Failure to execute, maintain, or comply with an ESA may result in denial of service, suspension of service, curtailment, disconnection, forfeiture of deposits, recovery of costs incurred by IPL, or any other remedy available under the ESA, the IPL Electric Service Policies, the Combined Utility Customer Service Rules and Regulations, the Independence City Code, or applicable law. SECTION 3. ADMINISTRATION AND IMPLEMENTATION The Electric Utility Director is authorized to develop, adopt, amend, and implement policies, procedures, technical requirements, service standards, fee schedules, financial security requirements, study requirements, cost recovery mechanisms, and standard Energy Services Agreement templates necessary to carry out the purposes of this Ordinance. The Electric Utility Director may establish additional requirements for Large Load Customers based upon load size, system impacts, transmission requirements, generation requirements, reliability considerations, financial risk, market conditions, or other operational considerations necessary to protect IPL and its customers. The requirements established pursuant to this Section shall be supplementary to the Drafter’s Note: deleted language is shown thus; inserted language is shown thus Page 396 of 516Ordinance requiring an ESA for large load customers Independence City Code, the IPL Electric Service Policies, the Combined Utility Customer Service Rules and Regulations, and any applicable ESA. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 5. This Ordinance shall take effect subject to the Independence City Charter. SECTION 6. The correction of any scrivener’s errors identified within these sections are hereby authorized by this Ordinance. PASSED THIS ___________ DAY OF _____________, 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. __________________________________ Presiding Officer of the City Council of the City of Independence, Missouri ATTEST: ____________________________ City Clerk APPROVED AS TO FORM AND LEGALITY: ____________________________ City Counselor REVIEWED BY: _____________________________ City Manager Drafter’s Note: deleted language is shown thus; inserted language is shown thus Page 397 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-081 1R An ordinance authorizing acceptance of the 2026 Midwest High Intensity Drug Trafficking Area (HIDTA) Memorandum of Understanding (MOU) for the Kansas City/Overland Park DEA Task Force Initiative, and related documents, with the Kansas Bureau of Investigation, for a grant award in the amount of $165,015.00; making the necessary appropriations; and authorizing future change orders for additional funding and/or time extensions. 1R Read Recommendations: Council approval is recommended. Background: The Police Department first received funding to participate in the Midwest HIDTA Kansas City/Overland Park DEA Task Force in 1999 through a grant from the Office of National Drug Control Policy (ONDCP). Since that time, the department has had two detectives assigned to this Task Force full-time to combat the manufacture and importation of methamphetamine and disrupt poly-drug trafficking organizations in the metropolitan area. In return, the department is reimbursed for part of the detectives’ salaries and benefits, as well as expenses for overtime, vehicle leases, and fuel. The current contract is retroactive back to January 1, 2026, and will continue the department’s involvement in the HIDTA DEA Task Force with total reimbursement up to $165,015.00. Additional funding was included in the Police Department’s 2025/2026 and 2026/2027 fiscal year General Fund Operating Budgets to cover the amount of salaries and benefits not covered by the grant. Emergency Justification: Fiscal Impact: The fiscal impact to the City is $165,015.00. Revenue of $165,015 will be appropriated to the Grant Fund, 015-3219-HIDTA. Expenditures will be appropriated and charged to the 015 Grant Fund, project HIDTA, as follows: 0154550-5100 Salaries $74,050 0154550-5102 Overtime $41,414 0154550-5109 Benefits $20,898 0154550-5236 Leases $19,653 0154550-5316 Fuel $9,000 Total Amount $165,015 The Police Department will request reimbursement from the Kansas Bureau of Investigation for actual expenses on a monthly basis. No local match is required. However, grant funding only Page 398 of 516partially covers the salary and benefits of the two detectives assigned to this Task Force. Supplemental funding is budgeted each year in the Police Department’s General Fund (002) Investigations (0024534) Org to cover the balance of these two positions. For FY 2026-27, this is included on page 188 (Investigations Salary and Benefits) of the Proposed Budget. Council Action: Department / Police Department / Contact REVIEWERS Dennea Leap Doug Brinkley Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. PD.2026 HIDTA DEA TF Ordinance 07-31-26 2. HIDTA 2026 MOU INDEPENDENCE PD DEA Page 399 of 5162026 HIDTA DEA Task Force KBI Grant 7/31/26 dl BILL NO. _____________ ORDINANCE NO. ____________ AN ORDINANCE AUTHORIZING ACCEPTANCE OF THE 2026 MIDWEST HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) MEMORANDUM OF UNDERSTANDING (MOU) FOR THE KANSAS CITY / OVERLAND PARK DEA TASK FORCE INITIATIVE, AND RELATED DOCUMENTS, WITH THE KANSAS BUREAU OF INVESTIGATION, FOR A GRANT AWARD IN THE AMOUNT OF $165,015.00; MAKING THE NECESSARY APPROPRIATIONS; AND AUTHORIZING FUTURE CHANGE ORDERS FOR ADDITIONAL FUNDING AND/OR TIME EXTENSIONS. WHEREAS, it is the desire of the various law enforcement agencies in the Kansas City Metropolitan Area to combine resources against individuals involved in the manufacture and distribution of methamphetamine, for the purpose of arrest, conviction and long-term incarceration of these individuals through careful application of the most effective Federal/State criminal statutes; and, WHEREAS, the City Council does wish to accept this grant funding and has concluded the Special Conditions of the grant award can be met. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the Independence City Council hereby authorizes the City Manager to sign and execute, for and on behalf of said City, a Midwest High Intensity Drug Trafficking Area (HIDTA) Memorandum of Understanding (MOU) for the Midwest HIDTA Kansas City / Overland Park DEA Task Force Initiative, and related documents, with the Kansas Bureau of Investigation, to accept a grant in the amount of One Hundred Sixty-Five Thousand Fifteen and NO/100 Dollars ($165,015.00) to partially fund two police detectives while assigned to HIDTA and support equipment, a copy of said MOU being attached hereto, incorporated by reference thereto, and made a part hereof as though fully set out herein. SECTION 2. That appropriations are hereby increased in the Police Department Grant Fund Operating Budget in the amount One Hundred Sixty-Five Thousand Fifteen and NO/100 Dollars ($165,015.00) from increased grant revenues, to be received from the Kansas Bureau of Investigation, for operating costs related to participation in the Midwest HIDTA Kansas City / Overland Park DEA Task Force Initiative. SECTION 3. That the City Manager is further authorized to approve future change orders, extensions, amendments or addendums to this agreement without Council approval, or an extension of time for completing the terms of the grant or for the receipt of additional funding for this same grant project, provided there are no changes in the terms and/or conditions or responsibilities to the City and provided each and every such change order, extension, amendment or addendum is approved by the City Manager, does not add more than 90% to the length of time of the grant or more than 50% to the original funding, is identified as being authorized by this ordinance and a copy is filed with the City Clerk. PASSED THIS _________ DAY OF __________________, 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. Page 400 of 5162026 HIDTA DEA Task Force KBI Grant 7/31/26 dl __________________________________ Presiding Officer of the City Council of the City of Independence, Missouri ATTEST: I hereby certify that there is a balance, otherwise unencumbered, to the credit of __________________________________ the appropriation to which the foregoing City Clerk expenditure is to be charged, and a cash balance, otherwise unencumbered, in the APPROVED AS TO FORM AND LEGALITY: treasury, to the credit of the fund from which payment is to be made, sufficient __________________________________ to meet the obligation hereby incurred. City Counselor REVIEWED BY: Source is: As Indicated Above __________________________________ ________________________________ City Manager Director of Finance and Administration City of Independence, Missouri Page 401 of 516 Robert Jacobs Kris W. Kobach Interim Director Attorney General Troy Anderson, City Manager July 22, 2026 City of Independence 111 East Maple St, 3rd floor Independence Missouri 64050 Dear Mr. Anderson: Attached for your review and signatures are documents relating to the Independence Police Department’s 2026 operating budget for the Midwest HIDTA Kansas City / Overland Park DEA Task Force Initiative. Please review the documents carefully, as signatures are required on several separate documents. Return to our office a copy of the original signature pages. After all other signatures are acquired a copy of the signature pages only will be returned for your files. If your agency has any prior year HIDTA funds available, those funds must be exhausted before the 2026 funds can be used. Please forward a copy of this MOU to your fiscal office. Thank you for your continuing support of the Midwest HIDTA. Award #: HID1425G0732-00 Initiative: Kansas City / Overland Park DEA Task Force Award Maximum: $165,015.00 Award Period: January 1, 2026 - December 31, 2027 Sincerely, Teresa Goza HIDTA Accountant IV Kansas Bureau of Investigation (785) 296-8200 www.kansas.gov/kbi 1620 SW Tyler St. Topeka, Kansas 66612 Page 402 of 516 MIDWEST HIGH INTENSITY DRUG TRAFFICKING AREA (Midwest HIDTA) MEMORANDUM OF UNDERSTANDING KANSAS CITY/OVERLAND PARK DEA TASK FORCE HID1425G0732-00 01-01-2026 / 12-31-2027 CFDA number 95.001 The Office of National Drug Control Policy (ONDCP) has awarded High Intensity Drug Trafficking area (HIDTA) funding to federal, state and local law enforcement agencies in the region comprised of the states of Kansas, Missouri, Nebraska, Iowa, South Dakota and North Dakota for the purpose of combating the manufacture and importation of methamphetamine and the disruption of poly-drug trafficking organizations. The Kansas Bureau of Investigation (KBI) has been designated as the fiscal agent for award proceeds to be distributed to state and local agencies participating in the Midwest HIDTA program within Kansas and in selected regional initiatives. These funds shall be used for purposes designated in the KANSAS CITY/OVERLAND PARK DEA TASK FORCE INITIATIVE (Appendix A) and associated budget (Appendix B), as approved by ONDCP. Scope of Service The services carried out under this Memorandum of Understanding shall be consistent with those contained in the initiative proposal and budget as approved for funding by ONDCP. Changes shall not be made in the subject or the proposed objectives of the initiative without prior written approval from The Midwest HIDTA State Coordinator for Kansas, the Midwest HIDTA Executive Director and the Midwest HIDTA Executive Committee. The signatories agree to provide written notice to the KBI and to the Midwest HIDTA Kansas State Coordinator, at least (30) days in advance of any planned withdrawal from this agreement. In the event of withdrawal from this initiative by any party, all property and equipment acquired with HIDTA funds by the withdrawing party shall be re-distributed as per Midwest HIDTA policy and procedure. Upon the date specified in the written notice of withdrawal, this agreement shall become void with respect to the agency giving notice but shall remain in effect for all other participants. The KBI shall process all allowable reimbursement requests for the withdrawing agency through the date of the withdrawal. Reprogramming of Funds Reprogramming of funds within a HIDTA award requires different levels of approval based upon the amount to be reprogrammed and whether the reprogramming is inter-agency or inter-initiative. In all cases the recipient agency is responsible for forwarding a request for authorization for reprogramming to the KBI to be forwarded to the Midwest HIDTA State Coordinator for Kansas, the Midwest HIDTA Executive Director and Midwest HIDTA Executive Committee. The recipient agency is also responsible for maintaining detailed records of any reprogramming activities. Reporting Requirement All participants may be required to prepare a final report of initiative expenditures, which shall be submitted to the KBI within 30 days of the close of the program fiscal year. The financial report will be of a form approved by the KBI and shall contain a listing of expenditures/costs by cost category from the approved initiative budget (Appendix B). The report shall also contain a comparison of actual costs/expenditures against budget estimates. Failure to submit reports on a timely basis may result in the interruption or termination of the initiative funding for your agency. Detailed information on the financial reporting requirements is found in the HIDTA Program Policy and Budget Guidance (PPBG) publication and the Midwest HIDTA Policies and Standard Operating Procedures document (SOP). Program Standards Each agency agrees to abide by the standards and rules defined in the HIDTA Program Policy and Budget Guidance (PPBG) publication and the Midwest HIDTA Policies and Standard Operating procedures HID1425G0732-00 Page 403 of 516document as well as all formal written program guidance regarding financial management standards, reporting, records retention, equipment, vehicles, and procurement and supplanting requirements for any agency accepting HIDTA funds. You can download the full version from National HIDTA Assistance Center (NHAC) at nhac.org. Assurances Each agency agrees to abide by the terms and conditions set out in Application for Federal Assistance SF 424, Assurances - Non-Construction Programs (Appendix D) and Assurances – Construction Programs (Appendix E). Each agency will also submit the signed OMB forms, Certification Regarding Lobbying (Appendix F) and Disclosure of Lobbying Activities (Appendix G) and will abide by all applicable special conditions included as a part of the award agreement (Appendix I). Invoicing Each agency receiving reimbursements will invoice on the fifteenth of every month for expenditures incurred during the prior month. Reimbursement form shall be a form approved by the KBI (Appendix H) and shall contain a listing of expenditures by category. Each agency shall retain the original supporting documentation and provide a copy to the KBI with the monthly report. Each agency agrees that the NHAC and Midwest HIDTA Executive Director and Midwest HIDTA Executive Committee have the right to terminate suspend or delay any payment to sub-recipient if the reimbursements clearly fails to meet HIDTA PPBG. In the event that such an act is necessary the agency will be notified within three days of the decision. Inventory Equipment purchased with HIDTA funds shall be identified by cost, type and serial number and reported to the Kansas State Coordinator on the Midwest HIDTA Inventory Form (Appendix C). The Kansas State Coordinator shall maintain an inventory of all equipment purchased and provide the same to HIDTA. A copy of all inventory transactions shall be provided to the KBI. Any change to the inventory of HIDTA purchased equipment shall be reported promptly and in writing to the KBI. Audit Readiness and Compliance Each agency agrees to maintain appropriate and detailed records of its receipt and use of the funds, in accordance with the generally accepted accounting principles applying to government agencies. Each agency understands that it may be subject to an audit. Each agency also understands that there will be a site audit every two years for awardees that receive $25,000 or more, and every three years for awardees that receive $25,000 or less. As the fiduciary, the KBI is required to provide certain information in an audit. The Single Audit Certification (Appendix K) provides part of the information needed. The Risk Assessment Tool (Appendix J) helps to ensure proper accountability and compliance with the program. Operations 1. Individual agencies shall be responsible for the initial payment of costs for phones, pagers, travel and overtime associated with their agent/officer. All equipment purchases shall be made in accordance with the HIDTA program policy. Each agency agrees to compile those costs on a monthly basis and submit the same to the KBI for reimbursement as per the section of this document titled Invoicing. In the event all available travel funds for non-federal participants are expended, the DEA will assume responsibility for all necessary travel costs associated with this initiative. Reimbursement to each agency is limited to the amount specified in the respective funding category, for that agency, as set out in the approved initiative budget and this agreement. 2. Signatories agree to provide all required statistical, financial and programmatic documentation to the Midwest HIDTA, including but not limited to non-supplanting agreements, monthly performance reports and yearly threat assessment information. HID1425G0732-00 Page 404 of 5163. Signatories agree to participate in and support all Midwest HIDTA information and intelligence programs, including but not limited to, HIDTA SAFETNET, EPIC NCLSS. 4. The signatories agree that in event that any additional funds are received from HIDTA for the benefit of the initiative, those funds shall be distributed pursuant to the written award authorizing those additional funds. 5. Independence Police Department shall agree to designate two commissioned officers to the Kansas City/Overland Park DEA HIDTA Task Force pursuant to the terms and conditions of the DEA document titled State and Local HIDTA Task Force Agreement. Acceptance Acceptance of this MOU by participating agencies is acceptance of all standards and conditions of the HIDTA Award, included as Appendix A, B, C, D, E, F, G, H, I, J and K. Appendix A: Task Force Initiative Appendix B: Task Force Budget Appendix C: Midwest HIDTA Inventory Form Appendix D: OMB Form 4040-0007, Assurances – Non-Construction Programs Appendix E: OMB Form 4040-0009, Assurances – Construction Programs Appendix F: OMB Form, Certification Regarding Lobbying Appendix G: OMB Form, Disclosure of Lobbying Activities Appendix H: HIDTA Reimbursement Form Appendix I: HIDTA Award Agreement Appendix J: FAPO Risk Assessment Tool Appendix K: HIDTA Single Audit Certification Fiscal Contact KBI: Teresa Goza Kansas Bureau of Investigation 15700 College Blvd., Suite 100 Lenexa, KS 66219-1473 913-942-3020 teresa.goza@kbi.ks.gov Project Manager KBI: Kelly Ralston, Assistant Director Kansas Bureau of Investigation 625 Washington Great Bend, KS 67530-5442 kelly.ralston@kbi.ks.gov HID1425G0732-00 Page 405 of 516 State Coordinator: Todd Hixson Midwest HIDTA 10220 NW Ambassador Dr., Suite 700 Kansas City, MO 64153 913-967-9156 thixson@midwest-hidta.gov Fiscal Contact IPD: Dennea Leap Independence Missouri Police Department 223 N Memorial Drive Independence, Missouri 64050 816-325-7315 dleap@indepmo.org Participating Agency: Troy Anderson, City Manager City of Independence 111 East Maple St, 3rd floor Independence Missouri 64050 816-325-7019 816-325-7024 (FAX) Participating Agency: City of Independence Missouri __________________________________ ____________ Troy Anderson, City Manager Date Through Independence Police Department __________________________________ _____________ Doug Brinkley, Interim Chief Date Fiscal Agent: Kansas Bureau of Investigation __________________________________ _____________ Robert Jacobs, Interim Director Date HID1425G0732-00 Page 406 of 516 APPENDIX A FY 2026 ENFORCEMENT INITIATIVE DESCRIPTION BUDGET PROPOSAL (INVESTIGATIVE) HIDTA: Midwest HIDTA INITIATIVE TITLE: Kansas City/Overland Park DEA Task Force LEAD AGENCY(S): Drug Enforcement Administration CO-LOCATION SITE: Overland Park, KS DESCRIPTION Initiative Purpose The Kansas City/Overland Park DEA Task Force is a DEA led initiative that was created and funded in 1999. The Initiative is a cooperative partnership between federal and state and local law enforcement agencies in the Kansas City metropolitan area (KS: Johnson Co. and Wyandotte Co. / MO: Jackson Co. and Cass Co.). The Initiative is comprised of Task Force Group 41 (OCDETF Strike Force Group 1), Task Force Group 43 (OCDETF Strike Force Group 2), an intelligence group and a financial investigation contractor which all share collocated space at the DEA’s Kansas City District Office. The task force focuses on significant Mexican methamphetamine and poly-drug trafficking organizations (DTOs) operating in its area of responsibility. Groups 43 and 41 are part of the multi- agency Kansas City Metropolitan OCDETF Strike Force. Group 43 also occupies space at the collocated OCDETF Strike Force, while Group 41 is host to the District of Kansas Title III (wire intercept) room in Overland Park, KS. All enforcement and investigative operations are coordinated through the deconfliction services provided by the Midwest HIDTA ISC, which assist in enhancing officer safety and increase efficiency by reducing duplication of effort. Threat Priorities International, regional and local DTOs affiliated with Mexican transnational criminal organizations (TCOs) that distribute methamphetamine, heroin/synthetic opioids, cocaine, as well as other drugs are the primary threat in the Initiative’s area of responsibility. In addition to conducting investigations targeting PTOs, CPOTs, RPOTs, DTOs and major methamphetamine and poly-drug trafficking Mexican TCOs, the Initiative also investigates the sale and diversion of precursor and essential chemicals utilized in the manufacture of methamphetamine and the investigation of individuals and criminal organizations involved in the clandestine manufacture and distribution of poly-drugs and methamphetamine. The task force initiates investigations of DTOs operating in its area of responsibility, which primarily consists of the greater Kansas City metropolitan area. Investigative Approach The Kansas City/Overland Park DEA Task Force utilizes a variety of investigative techniques that include traditional undercover operations where controlled substances are purchased from investigative targets, physical and electronic surveillance, controlled deliveries and Title IIIs. HIDTA funding is used to enhance the Initiative’s efforts and consists of PE/PI, salary, fringe and overtime for state and local investigators, investigative travel, investigative supplies and equipment, and various office supplies and services. Page 407 of 516 APPENDIX B Budget Detail 2026 – Midwest Page 408 of 516 APPENDIX C Midwest HIDTA Equipment Inventory Additions/Transfers/Disposals Purchase Date: Manufacturer’s Serial Number: Manufacturer/Vendor: Cost: Purchase Condition: HIDTA #: Description: Purchasing Agency: HIDTA Funding %: Agency Asset #: Title Holder: Initiative: Custodian Agency: Physical Location: City: State Transferred From: Current Condition: Surplus Date: Reason for Disposal: Disposal Method: Notes: Name: Page 409 of 516APPENDIX D Page 410 of 516 APPENDIX D SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE X________________________________________ City Manager APPLICANT ORGANIZATION DATE SUBMITTED City of Independence Missouri through Independence Missouri Police Department Page 411 of 516 APPENDIX E Page 412 of 516 APPENDIX E SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE X________________________________________ City Manager APPLICANT ORGANIZATION DATE SUBMITTED City of Independence Missouri through Independence Missouri Police Department Page 413 of 516 APPENDIX F CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE X________________________________________ City Manager APPLICANT ORGANIZATION DATE SUBMITTED City of Independence Missouri through Independence Missouri Police Department Page 414 of 516 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 OMB Number: 4040-0013 Expiration Date: 06/30/2028 1. * Type of Federal Action: 2. * Status of Federal Action: 3. * Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: Prime SubAwardee * Name CITY OF INDEPENDENCE * Street 1 Street 2 111 E MAPLE ST. * City State Zip INDEPENDENCE MO: Missouri 64050-3066 Congressional District, if known: 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: 6. * Federal Department/Agency: 7. * Federal Program Name/Description: ONDCP High Intensity Drug Trafficking Area Assistance Listing Number, if applicable: 95.001 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant: Prefix * First Name Middle Name * Last Name Suffix * Street 1 Street 2 * City State Zip b. Individual Performing Services (including address if different from No. 10a) Prefix * First Name Middle Name * Last Name Suffix * Street 1 Street 2 * City State Zip 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. * Signature: *Name: Prefix * First Name Middle Name Troy * Last Name Suffix Anderson Title: CITY MANAGER Telephone No.: 816-325-7019 Date: Authorized for Local Reproduction Federal Use Only: Standard Form - LLL (Rev. 7-97) Page 415 of 516 APPENDIX H Midwest HIDTA Reimbursement Request Form Agency Dept. Code Independence Missouri Police Department KBI use only 223 N. Memorial Drive S-40378-1-001 Independence MO 64050-3013 Grant # 2603 Ord. 18570 Invoice for the month of: 2026 Funding Year 01/01/2026 to 12/31/2027 Initiative: Kansas City/Overland Park DEA Task Force HID1425G0732-00 Enter Data in This CFDA # 95.001 Column only Beginning Cumulative Expenses Expenditures Remaining Category Allocation through This Month Balance Personnel - Philip $ 40,450.00 $ 40,450.00 Personnel - Pfeifer $ 33,600.00 $ 33,600.00 Fringe - Philip $ 10,449.00 $ 10,449.00 Fringe - Pfeifer $ 10,449.00 $ 10,449.00 Overtime - Philip $ 20,707.00 $ 20,707.00 Overtime - Pfeifer $ 20,707.00 $ 20,707.00 Vehicle Lease - Philip $ 9,826.50 $ 9,826.50 Vehicle Lease - Pfeifer $ 9,826.50 $ 9,826.50 Supplies/Fuel $ 9,000.00 $ 9,000.00 Total $ 165,015.00 $ - $ - $ 165,015.00 Agency Authorization / Date Midwest HIDTA Authorization/Date KBI Authorization / Date Adam Dustman, Chief Finance Officer Please Print Dennea Leap (816) 325-7315 Fax 816-325-7316 Reimbursement forms are due by the 15th of the month. Please attach all supporting documents I certify to the best of my knowledge and belief that the information provided herein is true, complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative consequences including, but not limited to violations of U.S. Code Title 18, Sections 2, 1001, 1343 and Title 31, Sections 3729-3730 and 3801-3812. Signature Date:_________________ Page 416 of 516APPENDIX I Page 417 of 516APPENDIX I Page 418 of 516 APPENDIX I A. GENERAL TERMS AND CONDITIONS (1) This award is subject to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. § 200 (the “§ 200 Uniform Requirements”), as adopted and implemented by the Office of National Drug Control Policy (ONDCP) in 2 C.F.R.§3603. For this award, the § 200 Uniform Requirements supersede, among other things, the provisions of 28 C.F.R. §§ 66 and 70, as well as those of 2 C.F.R. §§ 215, 220, 225, and 230. For more information on the § 200 Uniform Requirements, see https://www.ecfr.gov/current/title-2/subtitle- A/chapter-II/part-200. For specific, award- related questions, recipients should contact ONDCP promptly for clarification. (2) As a recipient of federal funding, compliance with all applicable laws and Executive Orders (EO) is a condition of this award, as required by federal regulations, including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 CFR Part 200. Your compliance responsibilities are ongoing throughout the period of performance.  Your organization is expected to:  Review applicable EOs and associated guidance;  Update internal policies and practices to ensure alignment with these requirements; and  Cooperate fully with any compliance reviews or audits conducted by ONDCP.  Failure to comply with applicable EOs may result in enforcement actions, including suspension or termination of funding, recovery of funds, or referral for debarment proceedings.  Applicable EOs include, but are not limited to:  Executive Order 14159: Protecting the American People from Invasion  Executive Order 14168: Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government  Executive Order 14182: Enforcing the Hyde Amendment  Executive Order 14303: Restoring Gold Standard Science  Executive Order 14321: Ending Crime and Disorder on America’s Streets  Additional Executive Orders, including any issued during the period of performance, may apply. Applicants are responsible for ensuring compliance with all federal laws, regulations, Executive Orders and public policies governing financial assistance awards. If you have any questions regarding which EO(s) apply to your award or need technical assistance in updating your policies, please contact your program official. Page 419 of 516 APPENDIX I (3) This award is subject to the following additional regulations and requirements:  28 C.F.R. § 69 – “New Restrictions on Lobbying”  2 C.F.R. § 25 – “Unique Entity Identifier and System for Award Management”  Conflict of Interest and Mandatory Disclosure Requirements  Non-profit Certifications (when applicable) (4) Audits conducted pursuant to 2 C.F.R. § 200, Subpart F, “Audit Requirements” must be submitted no later than 9 months after the close of the recipient’s audited fiscal year to The Federal Audit Clearinghouse (fac.gov) (5) Recipients are required to submit Federal Financial Reports (FFR) to the Department of Health and Human Services, Payment Management Services (HHS/PMS). The Federal Financial Report is required to be submitted quarterly and within 90 days after the award is closed out. (6) The recipient gives the awarding agency or the Government Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the award. (7) Recipients are not agents of ONDCP. Accordingly, the recipient, its fiscal agent(s), employees, contractors, as well as state, local, and federal participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. (8) Recipient agrees that federal funds cannot be used for programs that discriminate based on protected characteristics. The recipient agrees to monitor sub-awards to ensure ongoing compliance with federal nondiscrimination laws. (9) Failure to adhere to the General Terms and Conditions as well as the Program Specific Terms and Conditions may result in the termination of the award or the initiation of administrative action. ONDCP may also terminate the award if it no longer effectuates program goals or agency priorities. See 2 C.F.R. § 200.340. (10) Conflict of Interest and Mandatory Disclosures Conflict of Interest Requirements As a recipient entity, you must follow ONDCP’s conflict of interest policies for federal awards. Recipients must disclose in writing any potential conflict of interest to an ONDCP Program Officer; recipients that are pass-through entities must require disclosure from sub-recipients or contractors. This disclosure must take place immediately whether you are an applicant or have an active ONDCP award. The ONDCP conflict of interest policies apply to sub-awards as well as contracts, and are as follows: As a recipient entity, you must maintain written standards of conduct covering conflicts of interest and governing the performance of your employees engaged in the selection, Page 420 of 516 APPENDIX I award, and administration of sub-awards and contracts. None of your employees may participate in the selection, award, or administration of a sub-award or contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an organization considered for a sub-award or contract. The officers, employees, and agents of the recipient entity must neither solicit nor accept gratuities, favors, or anything of monetary value from sub- recipients or contractors or parties to sub-awards or contracts. If you have a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, you must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, you are unable or appear to be unable to be impartial in conducting a sub- award or procurement action involving a related organization. Mandatory Disclosure Requirement As a recipient entity, you must disclose, in a timely manner, in writing to ONDCP all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. Recipient entities that have received a federal award are required to report certain civil, criminal, or administrative proceedings, including the terms and conditions outlined in 2 C.F.R part 200, Subpart F, Appendix XII, to the System for Award Management (SAM), currently the Federal Awardee Performance and Integrity Information System. Failure to make required disclosures can result in any of the remedies described in 2 C.F.R. § 200.339. (See also 2 C.F.R. § 180, 31 U.S.C. § 3321, and 41 U.S.C. § 2313.) None of the funds appropriated or otherwise made available by this award or any other Act may be used to fund a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information. This limitation shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a federal department or agency governing the nondisclosure of classified information. (11) Federal Funding Accountability and Transparency (FFATA) / Digital Accountability and Transparency Act (DATA Act). Each applicant is required to (i) be registered in SAM before submitting its application; (ii) provide a valid Unique Entity Identifier number in its application; (iii) continue to maintain an active SAM registration with current information at all times during which it has an active federal award; and (iv) provide all relevant recipient information required for ONDCP to collect for reporting related to FFATA and DATA Act requirements. (12) Subawards are authorized under this award. Subawards must be monitored by the award recipient as outlined in 2 C.F.R. § 200.331. Page 421 of 516 APPENDIX I (13) Recipients must comply with the Government-wide Suspension and Debarment provision set forth at 2 C.F.R. § 180, dealing with all sub-awards and contracts issued under the award. (14) As specified in 2 C.F.R. § 200.303 Internal Controls, recipient must: a) Establish and maintain effective internal controls over the federal award that provides reasonable assurance that federal award funds are managed in compliance with federal statutes, regulations and award terms and conditions. These internal controls should be in compliance with the guidance in “Standards for Internal Control in the federal Government,” issued by the Comptroller General of the United States and the “Internal Control Integrated Framework,” issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). b) Comply with federal statutes, regulations, and the terms and conditions of the federal awards. c) Evaluate and monitor the recipient entity’s compliance with statute, regulations, and the terms and conditions of the federal award. d) Take prompt action when instances of noncompliance are identified, including noncompliance identified in audit findings. e) Take reasonable measures to safeguard protected personally identified information (PII) and other information ONDCP or pass-through entity designates as sensitive or the recipient entity considers sensitive consistent with applicable federal, state, and local laws regarding privacy and obligations of confidentiality. (15) Recipients are prohibited from using federal award funds to purchase certain telecommunication and video surveillance services or equipment in alignment with § 889 of the National Defense Authorization Act of 2019, Pub. L. No. 115- 232. See 2 C.F.R. §200.216. (16) Recipients should provide a preference, to the extent permitted by law, to maximize use of goods, products, and materials produced in the United States. See 2 C.F.R. § 200.322. (17) When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with federal money, all recipients receiving federal funds shall clearly state— a) the percentage of the total costs of the program or project which will be financed with Federal money; b) the dollar amount of Federal funds for the project or program; and c) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. Page 422 of 516 APPENDIX I B. RECIPIENT INTEGRITY AND PERFORMANCE MATTERS Reporting of Matters Related to Recipient Integrity and Performance (1) General Reporting Requirement. If the total value of your active grants, cooperative agreements, and procurement contracts from all Federal agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient must ensure the information available in the responsibility/qualification records through the System for Award Management (SAM.gov), about civil, criminal, or administrative proceedings described in paragraph (b) of this award term is current and complete. This is a statutory requirement under section 872 of Public Law 110- 417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111- 212, all information posted in responsibility/qualification records in SAM.gov on or after April 15, 2011 (except past performance reviews required for Federal procurement contracts) will be publicly available. See 2 C.F.R. Part 200, Appendix XII. (2) Proceedings About Which You Must Report. You must submit the required information about each proceeding that — a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the federal Government; b. Reached its final disposition during the most recent five-year period; and c. Is one of the following: (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5 of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or - Any other criminal, civil, or administrative proceeding if: (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. (3) Reporting Procedures Enter in the SAM.gov Entity Management area the information that SAM.gov requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM.gov because you were required to do so under federal procurement contracts that you were awarded. Page 423 of 516 APPENDIX I (4) Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM.gov for the most recent five-year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. (5) Definitions For purposes of this award term and condition: a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level, but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes the value of the Federal share already received plus any anticipated Federal share under those awards (such as continuation funding). D. PROGRAM SPECIFIC TERMS AND CONDITIONS The grant conditions are as follows:  This award is subject to the requirements in the SUPPORT for Patients and Communities Act, 21 U.S.C. §§ 1701 et seq. and in the ONDCP National HIDTA Program Office HIDTA Program Policy and Budget Guidance (September 9, 2021) (PPBG). The HIDTA PPBG is issued pursuant to authority granted the Director of ONDCP by the SUPPORT for Patients and Communities ACT (21U.S.C. § 1706) and the Uniform Administration Requirements (2 C.F.R. § 200) which provide the Director of ONDCP authority to coordinate funds and implement oversight and management function with respect to the HIDTA Program. The HIDTA PPBG can be accessed at the following website: https://www.nhac.org/PDF/Program_Policy_and_Budget_Guidance2021.pdf Page 424 of 516 APPENDIX I  In addition, as a condition for receiving this award, recipients must coordinate all counterdrug operations with a local or regional Homeland Security Task Force. Drawdown of awards, as described in Section C, constitutes your acceptance of these terms and conditions. Recipients are prohibited from using federal grant funds to purchase certain telecommunication and video surveillance services or equipment in alignment with § 889 of the National Defense Authorization Act of 2019, Pub. L. No. 115-232. See 2 C.F.R. §200.216. See also, HIDTA PPBG, § 7.20, Prohibited Uses of HIDTA Funds. E. FEDERAL AWARD PERFORMANCE GOALS HIDTA award recipients must adhere to the performance measures, goals and requirements set forth in the PPBG Performance Management chapter (§ 10.0) and the HIDTA Performance Management Process (PMP) database. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE X________________________________________ APPLICANT ORGANIZATION DATE SUBMITTED Page 425 of 516 APPENDIX J FAPO RISK ASSESSMENT TOOL Key Risk Areas and Underlying Factors EXAMPLES Risk Level Lower Lower Higher Higher Lower Risk State Moderate Risk State Higher Risk State 1 2 3 4 5 AREA 1: COMPLIANCE – risk of non-compliance with specific laws, regulations and other rules affecting this process and its financial reporting Characteristics of the applicable laws, regulations, policies & rules impacting financial reporting for this business process Level of Clarity Clear & precise Open to interpretation/generic Unclear and imprecise Degree of maturity/stability Well-established & time-tested Recently enacted/evolving (<3 Brand New or unestablished years) Complexity Simple & straight forward Involves judgement & some Highly complicated or judgmental complexity AREA 2: HUMAN CAPTIAL – risk posed by the knowledge, skills and capacities of the people involved in this process who can effect financial assistance Knowledge/familiarity of staff with process Highly knowledgeable & familiar Average familiarity Staff are new or unfamiliar Degree of management process ownership/control Processes fully in-sourced and Mixed in & out-sourced processing or Significant outsourcing or delegation under management’s direct some control delegated to others of processes to others’ control control Workload Stress Low staff turnover; no workforce Moderate staff turnover: some High staff turnover; notable workforce constraints or other stressors workforce constraints constraints adding stress AREA 3: OPERATIONS – risk posed by the characteristics of the manual/automated activities & IT applications involved in this process impacting financial assistance Characteristics of the manual and automated activities & technology applications comprising this business process Uniformity Highly standardized Some variations occur Highly variable Complexity Simple & straightforward Moderately complicated Complicated/cumbersome/ error prone Regularity Routine Periodic/infrequent Non-routine/Rare Maturity or Stability Stable, well-established, time- Evolving/in transition (<3 years) Brand new, unestablished, unstable tested Extent of handling One/two “Touch-points” Multiple processing Many people/steps/apps involved steps/applications Dispersion Centralized within one Moderately dispersed among Highly dispersed among many location/function multiple locations/function different location/functions AREA 4: NATURE OF TRANSACTIONS – risk posed by the qualitative and quantitative characteristics of transactions generated by the process Transaction volume Extensive transactions (1000+) Many transactions (100+) Few transactions (10+) Transaction Frequency Systematic/recur on a regular Happens periodically/cyclically Happens infrequently or rarely basis Individual transaction sizes Small dollar (< 1/1000th of Moderate dollar (>1/1000th of Large dollar (>1/100th of materiality) materiality) materiality & <1/100th of materiality) Impact of estimates on financial reporting transactions Little/no impact of estimates/all Moderate impact of estimates/most Significant impact of estimates/some transaction variable are known/no transaction variables are transaction variables are derived estimation judgement involved known/some estimation judgement amounts/high judgement required involved Propensity for fraud, waste or misappropriation of Assets are immoveable or have no Assets are moveable and have some Assets are moveable and have a assets or information given safeguarding or other intrinsic value/information is intrinsic value/information is significant intrinsic Division of Financial Assistance Policy & Oversight Risk Assessment 2.10.16 Page | 1 Page 426 of 516 APPENDIX J FAPO RISK ASSESSMENT TOOL security issues easily safeguarded/low risk of capable of diversion/moderate risk valuable/information is capable of concealable theft or diversion of concealable theft or diversion diversion/high risk of concealable theft or diversion AREA 5: MANAGEMENT’S RECENT EXPERIENCE – indications of possible lingering risks based upon management’s experience with events during the pasts 3 years Prior annual financial statement or other audit results Controls & Compliance issues raised No findings related to this process Management letters comments or Reportable conditions, material other similar findings provided by weaknesses, non-compliance or auditors for this process “high-risk” matters cited by auditors for this process Adjustments by auditors None Few adjustments/not material in the Significant number of adjustments; aggregate aggregate value of adjustments exceed planning materiality Adjustments by management Few adjustments/routine in Moderate adjustments/moderate Significant number or dollar amount nature/mall dollar amounts dollar amounts involved of adjustments required/non-routine involved in nature Results of management’s recent Statement of No findings related to this process Some findings, though insignificant Reportable conditions, material Assurance assessments in scale/impact weaknesses & no-compliance matters found by management for this process Management’s day-to-day experience Accounting errors or irregularities (known fraud) Few error/adjustments adjustments Significant errors/adjustments Information available to monitor performance Readily available/useable by Somewhat available for use by Unavailable for use by management on a timely basis management/information is of management/information is hard to mixed quality or is untimely understand or apply on a timely basis Typical accounting analysis needed by management in Few calculations/analysis Moderate calculations/analysis Extensive calculations/analysis this area Overall nature of issues, errors or adjustments A virtually problem free area Problems occur from time to time of Problems persist, can be varying significance significant/demand high management intervention AREA 6: MANAGEMENT’S CURRENT OUTLOOK – overall perceived likelihood of material adverse financial reporting risks within the next year for this process Management overall prognosis of material adverse Remote Reasonably Possible More Likely than Not risks for this process Assessment performed by:_________________________________ Date:________________________________ Division of Financial Assistance Policy & Oversight Risk Assessment 2.10.16 Page | 2 Page 427 of 516 APPENDIX K Single Audit Certification Sub-Recipient Audit Requirements of the A-133 Single Audit (2 C.F.R. Part 200, Subpart F) Agreement between the City of Independence and the Kansas Bureau of Investigation under the Midwest HIDTA CFDA #95.001 for the period of 01/01/2026 to 12/31/2027 in the amount of $165,015.00. The Kansas Bureau of Investigation is subject to the requirements of the U.S. Office of Management and Budget (OMB) Circular A-133: Audits of Dates, Local Governments and Nonprofit Organizations. As such, OMB Circular A-133 requires the Kansas Bureau of Investigation to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and weather they are in compliance with federal laws and regulations. This document must be completed and signed by the fiscal agent’s organization. Accordingly, we are requesting that you circle one of the numbers below, provide all appropriate documentation regarding your organization’s compliance with the audit requirements, This is part of the sub recipient’s grant agreement with the Kansas Bureau of Investigation. Name of organization: City of Independence Sub recipient’s SAM UEI # ______________________________ expires______________ Federal Employer Identification Number (FEIN):_______________________________ Signature: ____________________________________________________ 1. We have completed our OMB Circular A-133 audit for the fiscal year ending ________________ Here is the link to our audit report. _________________________________ If material exceptions were noted please enclose a copy of the responses and corrective actions taken. 2. We expect our OMB Circular A-133 audit for the fiscal year ending__________________ to be completed by _____________________. A copy of our audit report will be forwarded to the Kansas Bureau of Investigation within 30 days of receipt of the report. 3. We are not subject to Circular A-133 audit because: a) We are a for-profit organization. b) We expend less than $1,000,000 in federal awards annually. c) Other (please explain): _____________________________ Page 428 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-082 1R An ordinance authorizing acceptance of the 2026 Midwest High Intensity Drug Trafficking Area (HIDTA) Memorandum of Understanding (MOU) for the Investigative Support Center Initiative, and related documents, with the Kansas Bureau of Investigations, for a grant award in the amount of $135,054.31; making the necessary appropriations; and authorizing future change orders for additional funding and/or time extensions. 1R Read Recommendations: Council approval is recommended. Background: The Police Department first received funding to participate in the Midwest High Intensity Drug Trafficking Area (HIDTA) Investigative Support Center (ISC) with full funding for a Crime Analyst position in April 2012. The ISC provides event and target deconfliction services, multi-source name checks, investigative/tactical case support, toll analysis, charting, graphic work, post- seizure analysis and trend/predictive analysis. In 2019, the department received additional funding to fully fund a second Crime Analyst. Since that time, both Analysts continue to be housed at the HIDTA Investigative Support Center. The department is reimbursed 100% of the Analysts’ salary, benefits, and training. The 2026 contract will continue the department’s involvement with Midwest HIDTA ISC and provide reimbursement up to $135,054.31. The contract period is from January 1, 2026 to December 31, 2027 but the funding is provided annually. Emergency Justification: Fiscal Impact: The fiscal impact to the City is $135,054.31. Revenue totaling $135,054.31 will be appropriated to the Grant Fund, account 015-3219-ISC. Expenditures for the two Analysts will be appropriated and charged to the 0154550 Grant Fund, project ISC, as follows: 0154550-5100 Salaries $102,349.47 0154550-5109 Benefits $ 30,704.84 0154550-5203 Training $ 2,000.00 Total Amount: $135,054.31 There is no local match or supplemental funding necessary. The two Crime Analysts are included in the 2026-27 Proposed Budget on page 190, in the 0154550 Grants section. Council Action: Page 429 of 516 Department / Police Department / Contact REVIEWERS Dennea Leap Doug Brinkley Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. PD.2026 HIDTA Analysts Ordinance 07-31-26 2. HIDTA 2026 MOU INDEPENDENCE PD ISC Page 430 of 5162026 HIDTA Analysts KBI Grant 7/31/26 -dl BILL NO. _____________ ORDINANCE NO. ____________ AN ORDINANCE AUTHORIZING ACCEPTANCE OF THE 2026 MIDWEST HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) MEMORANDUM OF UNDERSTANDING (MOU) FOR THE INVESTIGATIVE SUPPORT CENTER INITIATIVE, AND RELATED DOCUMENTS, WITH THE KANSAS BUREAU OF INVESTIGATION, FOR A GRANT AWARD IN THE AMOUNT OF $135,054.31; MAKING THE NECESSARY APPROPRIATIONS; AND AUTHORIZING FUTURE CHANGE ORDERS FOR ADDITIONAL FUNDING AND/OR TIME EXTENSIONS. WHEREAS, it is the desire of the various law enforcement agencies in the Kansas City Metropolitan Area to combine resources against individuals involved in the manufacture and distribution of methamphetamine, for the purpose of arrest, conviction and long-term incarceration of these individuals through careful application of the most effective Federal/State criminal statutes; and, WHEREAS, the City Council does wish to accept this grant funding and has concluded the Special Conditions of the grant award can be met. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the Independence City Council hereby authorizes the City Manager to sign and execute, for and on behalf of said City, a Midwest High Intensity Drug Trafficking Area (HIDTA) Memorandum of Understanding (MOU) for the Midwest HIDTA Investigative Support Center Initiative, and related documents, with the Kansas Bureau of Investigation, to accept a grant in the amount of One Hundred Thirty-Five Thousand Fifty-Four and 31/100 Dollars ($135,054.31) to fully fund two Crime Analysts plus training while assigned to HIDTA, a copy of said MOU being attached hereto, incorporated by reference thereto, and made a part hereof as though fully set out herein. SECTION 2. That appropriations are hereby increased in the Police Department Grant Fund Operating Budget in the amount of One Hundred Thirty-Five Thousand Fifty-Four and 31/100 Dollars ($135,054.31) from increased grant revenues, to be received from the Kansas Bureau of Investigation, for operating costs related to participation in the Midwest HIDTA Investigative Support Center Initiative. SECTION 3. That the City Manager is further authorized to approve future change orders, extensions, amendments or addendums to this agreement without Council approval, or an extension of time for completing the terms of the grant or for the receipt of additional funding for this same grant project, provided there are no changes in the terms and/or conditions or responsibilities to the City and provided each and every such change order, extension, amendment or addendum is approved by the City Manager, does not add more than 90% to the length of time of the grant or more than 50% to the original funding, is identified as being authorized by this ordinance and a copy is filed with the City Clerk. Page 431 of 5162026 HIDTA Analysts KBI Grant 7/31/26 -dl PASSED THIS _________ DAY OF __________________, 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. __________________________________ Presiding Officer of the City Council of the City of Independence, Missouri ATTEST: I hereby certify that there is a balance, otherwise unencumbered, to the credit of __________________________________ the appropriation to which the foregoing City Clerk expenditure is to be charged, and a cash balance, otherwise unencumbered, in the APPROVED AS TO FORM AND LEGALITY: treasury, to the credit of the fund from which payment is to be made, sufficient __________________________________ to meet the obligation hereby incurred. City Counselor REVIEWED BY: Source is: As Indicated Above __________________________________ ________________________________ City Manager Director of Finance and Administration City of Independence, Missouri Page 432 of 516 Robert Jacobs Kris W. Kobach Interim Director Attorney General Troy Anderson, City Manager July 22, 2026 City of Independence 111 East Maple St, 3rd floor Independence Missouri 64050 Dear Mr. Anderson: Attached for your review and signatures are documents relating to the Independence Police Department’s 2026 operating budget for the Midwest HIDTA Investigative Support Center Initiative. Please review the documents carefully, as signatures are required on several separate documents. Return to our office a copy of the original signature pages. After all other signatures are acquired a copy of the signature pages only will be returned for your files. If your agency has any prior year HIDTA funds available, those funds must be exhausted before the 2026 funds can be used. Please forward a copy of this MOU to your fiscal office. Thank you for your continuing support of the Midwest HIDTA. Award #: HID1425G0732-00 Initiative: Midwest HIDTA Investigative Support Center Award Maximum: $135,054.31 Award Period: January 1, 2026 - December 31, 2027 Sincerely, Teresa Goza HIDTA Accountant IV Kansas Bureau of Investigation (785) 296-8200 www.kansas.gov/kbi 1620 SW Tyler St. Topeka, Kansas 66612 Page 433 of 516 MIDWEST HIGH INTENSITY DRUG TRAFFICKING AREA (Midwest HIDTA) MEMORANDUM OF UNDERSTANDING MIDWEST HIDTA INVESTIGATIVE SUPPORT CENTER INITIATIVE HID1425G0732-00 01-01-2026 / 12-31-2027 CFDA number 95.001 The Office of National Drug Control Policy (ONDCP) has awarded High Intensity Drug Trafficking Area (HIDTA) funding to federal, state and local law enforcement agencies in the region comprised of the states of Kansas, Missouri, Nebraska, Iowa, South Dakota and North Dakota for the purpose of combating the manufacture and importation of methamphetamine and the disruption of poly-drug trafficking organizations. The Kansas Bureau of Investigation (KBI) has been designated as the fiscal agent for award proceeds to be distributed to state and local agencies participating in the Midwest HIDTA program within Kansas and in selected regional initiatives. These funds shall be used for purposes designated in the MIDWEST HIDTA INVESTIGATIVE SUPPORT CENTER INITIATIVE (Appendix A) and associated budget (Appendix B), as approved by ONDCP. Scope of Service The services carried out under this Memorandum of Understanding shall be consistent with those contained in the initiative proposal and budget as approved for funding by ONDCP. Changes shall not be made in the subject or the proposed objectives of the initiative without prior written approval from the Midwest HIDTA Executive Director the Midwest HIDTA Executive Committee. The signatories agree to provide written notice to the KBI and to the Midwest HIDTA Executive Director, at least (30) days in advance of any planned withdrawal from this agreement. In the event of withdrawal from this initiative by any party, all property and equipment acquired with HIDTA funds by the withdrawing party shall be re-distributed as per Midwest HIDTA policy and procedure. Upon the date specified in the written notice of withdrawal, this agreement shall become void with respect to the agency giving notice but shall remain in effect for all other participants. The KBI shall process all allowable reimbursement requests for the withdrawing agency through the date of the withdrawal. Reprogramming of Funds Reprogramming of funds within a HIDTA award requires different levels of approval based upon the amount to be reprogrammed and whether the reprogramming is inter-agency or inter-initiative. In all cases the recipient agency is responsible for forwarding a request for authorization for reprogramming to the KBI to be forwarded to the Midwest HIDTA Executive Director and Midwest HIDTA Executive Committee. The recipient agency is also responsible for maintaining detailed records of any reprogramming activities. Reporting Requirement All participants may be required to prepare a final report of initiative expenditures, which shall be submitted to the KBI within 30 days of the close of the program fiscal year. The financial report will be of a form approved by the KBI and shall contain a listing of expenditures/costs by cost category from the approved initiative budget (Appendix B). The report shall also contain a comparison of actual costs/expenditures against budget estimates. Failure to submit reports on a timely basis may result in the interruption or termination of the initiative funding for your agency. Detailed information on the financial reporting requirements is found in the HIDTA Program Policy and Budget Guidance (PPBG) publication and the Midwest HIDTA Policies and Standard Operating Procedures document (SOP). HID1425G0732-00 Page 434 of 516 Program Standards Each agency agrees to abide by the standards and rules defined in the HIDTA Program Policy and Budget Guidance (PPBG) publication and the Midwest HIDTA Policies and Standard Operating procedures document as well as all formal written program guidance regarding financial management standards, reporting, records retention, equipment, vehicles, and procurement and supplanting requirements for any agency accepting HIDTA funds. You can download the full version from National HIDTA Assistance Center (NHAC) at nhac.org. Assurances Each agency agrees to abide by the terms and conditions set out in Application for Federal Assistance SF 424, Assurances - Non-Construction Programs (Appendix D) and Assurances – Construction Programs (Appendix E). Each agency will also submit the signed OMB forms, Certification Regarding Lobbying (Appendix F) and Disclosure of Lobbying Activities (Appendix G) and will abide by all applicable special conditions included as a part of the award agreement (Appendix I). Invoicing Each agency receiving reimbursements will invoice on the fifteenth of every month for expenditures incurred during the prior month. Reimbursement form shall be a form approved by the KBI (Appendix H) and shall contain a listing of expenditures by category. Each agency shall retain the original supporting documentation and provide a copy to the KBI with the monthly report. Each agency agrees that the NHAC and Midwest HIDTA Executive Director and Midwest HIDTA Executive Committee have the right to terminate suspend or delay any payment to sub-recipient if the reimbursements clearly fails to meet HIDTA PPBG. In the event that such an act is necessary the agency will be notified within three days of the decision. Inventory Equipment purchased with HIDTA funds shall be identified by cost, type and serial number and reported to the Kansas State Coordinator on the Midwest HIDTA Inventory Form (Appendix C). The Kansas State Coordinator shall maintain an inventory of all equipment purchased and provide the same to HIDTA. A copy of all inventory transactions shall be provided to the KBI. Any change to the inventory of HIDTA purchased equipment shall be reported promptly and in writing to the KBI. Audit Readiness and Compliance Each agency agrees to maintain appropriate and detailed records of its receipt and use of the funds, in accordance with the generally accepted accounting principles applying to government agencies. Each agency understands that it may be subject to an audit. Each agency also understands that there will be a site audit every two years for awardees that receive $25,000 or more, and every three years for awardees that receive $25,000 or less. As the fiduciary, the KBI is required to provide certain information in an audit. The Single Audit Certification (Appendix K) provides part of the information needed. The Risk Assessment Tool (Appendix J) helps to ensure proper accountability and compliance with the program. HID1425G0732-00 Page 435 of 516 Acceptance Acceptance of this MOU by participating agencies is acceptance of all standards and conditions of the HIDTA Award, included as Appendix A, B, C, D, E, F, G, H, I, J, and K. Appendix A: Task Force Initiative Appendix B: Task Force Budget Appendix C: Midwest HIDTA Inventory Form (Does not pertain to the ISC Initiative) Appendix D: OMB Form 4040-0007 – Assurances – Non-Construction Programs Appendix E: OMB Form 4040-0009 – Assurances – Construction Programs Appendix F: OMB Form – Certification Regarding Lobbying Appendix G: OMB Form – Disclosure of Lobbying Activities Appendix H: HIDTA Reimbursement Form Appendix I: HIDTA Award Agreement Appendix J: FAPO Risk Assessment Tool Appendix K: HIDTA Single Audit Certification Fiscal Contact KBI: Teresa Goza Kansas Bureau of Investigation 15700 College Blvd., Suite 100 Lenexa, Kansas 66219 913-609-1272 teresa.goza@kbi.ks.gov Project Manager KBI: Kelly Ralston, Assistant Director Kansas Bureau of Investigation 625 Washington Great Bend, KS 67530-5442 kelly.ralston@kbi.ks.gov State Coordinator: Todd Hixson Midwest HIDTA 10220 NW Ambassador Dr., Suite 700 Kansas City MO 64153 913-967-9156 thixson@midwest-hidta.gov HID1425G0732-00 Page 436 of 516 Fiscal Contact IPD: Dennea Leap Independence Missouri Police Department 223 N Memorial Drive Independence, Missouri 64050-3013 816-325-7315 dleap@indepmo.org Participating Agency: Troy Anderson, City Manager City of Independence 111 East Maple St, 3rd floor Independence Missouri 64050-3066 816-325-7019 Participating Agency: City of Independence Missouri __________________________________ ____________ Troy Anderson, City Manager Date Through Independence Police Department __________________________________ _____________ Doug Brinkley, Interim Chief Date Fiscal Agent: Kansas Bureau of Investigation __________________________________ _____________ Robert Jacobs, Interim Director Date HID1425G0732-00 Page 437 of 516 APPENDIX A FY 2026 INTELLIGENCE AND INFORMATION SHARING INITIATIVE DESCRIPTION BUDGET PROPOSAL HIDTA: Midwest HIDTA INITIATIVE TITLE: Midwest HIDTA Investigative Support Center LEAD AGENCY(S): Drug Enforcement Administration LOCATION: Kansas City, MO INITIATIVE DESCRIPTION Initiative Purpose The Midwest HIDTA Investigative Support Center (ISC) has been operational since 1998 and is managed by the Drug Enforcement Administration (DEA). The ISC is a cooperative partnership of federal, state and local law enforcement agencies supporting enforcement, interdiction and SAUSA initiatives operating throughout the Midwest HIDTA’s seven state area (Missouri, Kansas, Iowa, Nebraska, North Dakota, South Dakota and southern Illinois). The ISC is located in Kansas City, Missouri and it is electronically linked to task force locations and key state agencies in each of the states. The ISC collects and analyzes information from all Midwest HIDTA task forces and participating agencies. The ISC provides event and target deconfliction services, multi-source name checks, investigative/tactical case support, toll analysis, charting, graphic work, post- seizure analysis and trend/predictive analysis. In addition to its de-confliction, DHE and analytical case support services, the ISC also prepares the annual Midwest HIDTA Threat Assessment and various strategic intelligence bulletins. The ISC also provides continual evaluation of the threat to the region, identifying changes in patterns and trends. By improving the exchange of intelligence and information through more efficient coordination and communications, the ISC enhances the ability of federal, state, and local law enforcement agencies to identify, arrest and prosecute key members of drug trafficking organizations and those individuals involved in violent crime that are involved in drug trafficking at the local level. The ISC is heavily involved in tactical case support throughout the Midwest HIDTA region and provides support to numerous high-profile drug investigations to include OCDETF, RPOT and CPOT-linked cases. Services Provided Strategic Intelligence, Operational Intelligence, Tactical Intelligence, Information Sharing, Analytical Support, Target/Investigative Data Deconfliction and Event Deconfliction Page 438 of 516 APPENDIX B Budget Detail 2026 – Midwest Page 439 of 516 APPENDIX C Midwest HIDTA Equipment Inventory Additions/Transfers/Disposals Purchase Date: Manufacturer’s Serial Number: Manufacturer/Vendor: Cost: Purchase Condition: HIDTA #: Description: Purchasing Agency: HIDTA Funding %: Agency Asset #: Title Holder: Initiative: Custodian Agency: Physical Location: City: State Transferred From: Current Condition: Surplus Date: Reason for Disposal: Disposal Method: Notes: Name: Page 440 of 516APPENDIX D Page 441 of 516 APPENDIX D SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE X________________________________________ City Manager APPLICANT ORGANIZATION DATE SUBMITTED City of Independence Missouri through Independence Missouri Police Department Page 442 of 516 APPENDIX E Page 443 of 516 APPENDIX E SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE X________________________________________ City Manager APPLICANT ORGANIZATION DATE SUBMITTED City of Independence Missouri through Independence Missouri Police Department Page 444 of 516 APPENDIX F CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE X________________________________________ City Manager APPLICANT ORGANIZATION DATE SUBMITTED City of Independence Missouri through Independence Missouri Police Department Page 445 of 516 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 OMB Number: 4040-0013 Expiration Date: 06/30/2028 1. * Type of Federal Action: 2. * Status of Federal Action: 3. * Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: Prime SubAwardee * Name CITY OF INDEPENDENCE * Street 1 Street 2 111 E MAPLE ST. * City State Zip INDEPENDENCE MO: Missouri 64050-3066 Congressional District, if known: 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: 6. * Federal Department/Agency: 7. * Federal Program Name/Description: ONDCP High Intensity Drug Trafficking Area Assistance Listing Number, if applicable: 95.001 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant: Prefix * First Name Middle Name * Last Name Suffix * Street 1 Street 2 * City State Zip b. Individual Performing Services (including address if different from No. 10a) Prefix * First Name Middle Name * Last Name Suffix * Street 1 Street 2 * City State Zip 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. * Signature: *Name: Prefix * First Name Middle Name Troy * Last Name Suffix Anderson Title: CITY MANAGER Telephone No.: 816-325-7019 Date: Authorized for Local Reproduction Federal Use Only: Standard Form - LLL (Rev. 7-97) Page 446 of 516 APPENDIX H Midwest HIDTA Reimbursement Request Form Agency Dept. Code Independence Missouri Police Department KBI use only 223 N. Memorial Drive V-40378-1-001 Independence MO 64050 Ord. # Grant #2610 Invoice for the month of: 2026 Funding Year 01/01/2026 to 12/31/2027 Initiative: Midwest HIDTA ISC HID1425G0732-00 Enter Data in This CFDA # 95.001 Column only Beginning Cumulative Expenses Expenditures Remaining Category Allocation through This Month Balance Personnel - Roberts $ 63,312.47 $ 63,312.47 Personnel - Thompson $ 39,037.00 $ 39,037.00 Fringe - Roberts $ 18,993.74 $ 18,993.74 Fringe - Thompson $ 11,711.10 $ 11,711.10 Travel $ 2,000.00 $ 2,000.00 Total $ 135,054.31 $ - $ - $ 135,054.31 Agency Authorization / Date Midwest HIDTA Authorization/Date KBI Authorization / Date Adam Dustman, Chief Finance Officer Please Print Dennea Leap (816) 325-7315 Fax 816-325-7316 Reimbursement forms are due by the 15th of the month. Please attach all supporting documents I certify to the best of my knowledge and belief that the information provided herein is true, complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative consequences including, but not limited to violations of U.S. Code Title 18, Sections 2, 1001, 1343 and Title 31, Sections 3729-3730 and 3801-3812. Signature Date:_________________ Page 447 of 516APPENDIX I Page 448 of 516APPENDIX I Page 449 of 516 APPENDIX I A. GENERAL TERMS AND CONDITIONS (1) This award is subject to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. § 200 (the “§ 200 Uniform Requirements”), as adopted and implemented by the Office of National Drug Control Policy (ONDCP) in 2 C.F.R.§3603. For this award, the § 200 Uniform Requirements supersede, among other things, the provisions of 28 C.F.R. §§ 66 and 70, as well as those of 2 C.F.R. §§ 215, 220, 225, and 230. For more information on the § 200 Uniform Requirements, see https://www.ecfr.gov/current/title-2/subtitle- A/chapter-II/part-200. For specific, award- related questions, recipients should contact ONDCP promptly for clarification. (2) As a recipient of federal funding, compliance with all applicable laws and Executive Orders (EO) is a condition of this award, as required by federal regulations, including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 CFR Part 200. Your compliance responsibilities are ongoing throughout the period of performance.  Your organization is expected to:  Review applicable EOs and associated guidance;  Update internal policies and practices to ensure alignment with these requirements; and  Cooperate fully with any compliance reviews or audits conducted by ONDCP.  Failure to comply with applicable EOs may result in enforcement actions, including suspension or termination of funding, recovery of funds, or referral for debarment proceedings.  Applicable EOs include, but are not limited to:  Executive Order 14159: Protecting the American People from Invasion  Executive Order 14168: Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government  Executive Order 14182: Enforcing the Hyde Amendment  Executive Order 14303: Restoring Gold Standard Science  Executive Order 14321: Ending Crime and Disorder on America’s Streets  Additional Executive Orders, including any issued during the period of performance, may apply. Applicants are responsible for ensuring compliance with all federal laws, regulations, Executive Orders and public policies governing financial assistance awards. If you have any questions regarding which EO(s) apply to your award or need technical assistance in updating your policies, please contact your program official. Page 450 of 516 APPENDIX I (3) This award is subject to the following additional regulations and requirements:  28 C.F.R. § 69 – “New Restrictions on Lobbying”  2 C.F.R. § 25 – “Unique Entity Identifier and System for Award Management”  Conflict of Interest and Mandatory Disclosure Requirements  Non-profit Certifications (when applicable) (4) Audits conducted pursuant to 2 C.F.R. § 200, Subpart F, “Audit Requirements” must be submitted no later than 9 months after the close of the recipient’s audited fiscal year to The Federal Audit Clearinghouse (fac.gov) (5) Recipients are required to submit Federal Financial Reports (FFR) to the Department of Health and Human Services, Payment Management Services (HHS/PMS). The Federal Financial Report is required to be submitted quarterly and within 90 days after the award is closed out. (6) The recipient gives the awarding agency or the Government Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the award. (7) Recipients are not agents of ONDCP. Accordingly, the recipient, its fiscal agent(s), employees, contractors, as well as state, local, and federal participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. (8) Recipient agrees that federal funds cannot be used for programs that discriminate based on protected characteristics. The recipient agrees to monitor sub-awards to ensure ongoing compliance with federal nondiscrimination laws. (9) Failure to adhere to the General Terms and Conditions as well as the Program Specific Terms and Conditions may result in the termination of the award or the initiation of administrative action. ONDCP may also terminate the award if it no longer effectuates program goals or agency priorities. See 2 C.F.R. § 200.340. (10) Conflict of Interest and Mandatory Disclosures Conflict of Interest Requirements As a recipient entity, you must follow ONDCP’s conflict of interest policies for federal awards. Recipients must disclose in writing any potential conflict of interest to an ONDCP Program Officer; recipients that are pass-through entities must require disclosure from sub-recipients or contractors. This disclosure must take place immediately whether you are an applicant or have an active ONDCP award. The ONDCP conflict of interest policies apply to sub-awards as well as contracts, and are as follows: As a recipient entity, you must maintain written standards of conduct covering conflicts of interest and governing the performance of your employees engaged in the selection, Page 451 of 516 APPENDIX I award, and administration of sub-awards and contracts. None of your employees may participate in the selection, award, or administration of a sub-award or contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an organization considered for a sub-award or contract. The officers, employees, and agents of the recipient entity must neither solicit nor accept gratuities, favors, or anything of monetary value from sub- recipients or contractors or parties to sub-awards or contracts. If you have a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, you must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, you are unable or appear to be unable to be impartial in conducting a sub- award or procurement action involving a related organization. Mandatory Disclosure Requirement As a recipient entity, you must disclose, in a timely manner, in writing to ONDCP all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. Recipient entities that have received a federal award are required to report certain civil, criminal, or administrative proceedings, including the terms and conditions outlined in 2 C.F.R part 200, Subpart F, Appendix XII, to the System for Award Management (SAM), currently the Federal Awardee Performance and Integrity Information System. Failure to make required disclosures can result in any of the remedies described in 2 C.F.R. § 200.339. (See also 2 C.F.R. § 180, 31 U.S.C. § 3321, and 41 U.S.C. § 2313.) None of the funds appropriated or otherwise made available by this award or any other Act may be used to fund a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information. This limitation shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a federal department or agency governing the nondisclosure of classified information. (11) Federal Funding Accountability and Transparency (FFATA) / Digital Accountability and Transparency Act (DATA Act). Each applicant is required to (i) be registered in SAM before submitting its application; (ii) provide a valid Unique Entity Identifier number in its application; (iii) continue to maintain an active SAM registration with current information at all times during which it has an active federal award; and (iv) provide all relevant recipient information required for ONDCP to collect for reporting related to FFATA and DATA Act requirements. (12) Subawards are authorized under this award. Subawards must be monitored by the award recipient as outlined in 2 C.F.R. § 200.331. Page 452 of 516 APPENDIX I (13) Recipients must comply with the Government-wide Suspension and Debarment provision set forth at 2 C.F.R. § 180, dealing with all sub-awards and contracts issued under the award. (14) As specified in 2 C.F.R. § 200.303 Internal Controls, recipient must: a) Establish and maintain effective internal controls over the federal award that provides reasonable assurance that federal award funds are managed in compliance with federal statutes, regulations and award terms and conditions. These internal controls should be in compliance with the guidance in “Standards for Internal Control in the federal Government,” issued by the Comptroller General of the United States and the “Internal Control Integrated Framework,” issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). b) Comply with federal statutes, regulations, and the terms and conditions of the federal awards. c) Evaluate and monitor the recipient entity’s compliance with statute, regulations, and the terms and conditions of the federal award. d) Take prompt action when instances of noncompliance are identified, including noncompliance identified in audit findings. e) Take reasonable measures to safeguard protected personally identified information (PII) and other information ONDCP or pass-through entity designates as sensitive or the recipient entity considers sensitive consistent with applicable federal, state, and local laws regarding privacy and obligations of confidentiality. (15) Recipients are prohibited from using federal award funds to purchase certain telecommunication and video surveillance services or equipment in alignment with § 889 of the National Defense Authorization Act of 2019, Pub. L. No. 115- 232. See 2 C.F.R. §200.216. (16) Recipients should provide a preference, to the extent permitted by law, to maximize use of goods, products, and materials produced in the United States. See 2 C.F.R. § 200.322. (17) When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with federal money, all recipients receiving federal funds shall clearly state— a) the percentage of the total costs of the program or project which will be financed with Federal money; b) the dollar amount of Federal funds for the project or program; and c) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. Page 453 of 516 APPENDIX I B. RECIPIENT INTEGRITY AND PERFORMANCE MATTERS Reporting of Matters Related to Recipient Integrity and Performance (1) General Reporting Requirement. If the total value of your active grants, cooperative agreements, and procurement contracts from all Federal agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient must ensure the information available in the responsibility/qualification records through the System for Award Management (SAM.gov), about civil, criminal, or administrative proceedings described in paragraph (b) of this award term is current and complete. This is a statutory requirement under section 872 of Public Law 110- 417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111- 212, all information posted in responsibility/qualification records in SAM.gov on or after April 15, 2011 (except past performance reviews required for Federal procurement contracts) will be publicly available. See 2 C.F.R. Part 200, Appendix XII. (2) Proceedings About Which You Must Report. You must submit the required information about each proceeding that — a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the federal Government; b. Reached its final disposition during the most recent five-year period; and c. Is one of the following: (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5 of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or - Any other criminal, civil, or administrative proceeding if: (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. (3) Reporting Procedures Enter in the SAM.gov Entity Management area the information that SAM.gov requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM.gov because you were required to do so under federal procurement contracts that you were awarded. Page 454 of 516 APPENDIX I (4) Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM.gov for the most recent five-year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. (5) Definitions For purposes of this award term and condition: a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level, but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes the value of the Federal share already received plus any anticipated Federal share under those awards (such as continuation funding). D. PROGRAM SPECIFIC TERMS AND CONDITIONS The grant conditions are as follows:  This award is subject to the requirements in the SUPPORT for Patients and Communities Act, 21 U.S.C. §§ 1701 et seq. and in the ONDCP National HIDTA Program Office HIDTA Program Policy and Budget Guidance (September 9, 2021) (PPBG). The HIDTA PPBG is issued pursuant to authority granted the Director of ONDCP by the SUPPORT for Patients and Communities ACT (21U.S.C. § 1706) and the Uniform Administration Requirements (2 C.F.R. § 200) which provide the Director of ONDCP authority to coordinate funds and implement oversight and management function with respect to the HIDTA Program. The HIDTA PPBG can be accessed at the following website: https://www.nhac.org/PDF/Program_Policy_and_Budget_Guidance2021.pdf Page 455 of 516 APPENDIX I  In addition, as a condition for receiving this award, recipients must coordinate all counterdrug operations with a local or regional Homeland Security Task Force. Drawdown of awards, as described in Section C, constitutes your acceptance of these terms and conditions. Recipients are prohibited from using federal grant funds to purchase certain telecommunication and video surveillance services or equipment in alignment with § 889 of the National Defense Authorization Act of 2019, Pub. L. No. 115-232. See 2 C.F.R. §200.216. See also, HIDTA PPBG, § 7.20, Prohibited Uses of HIDTA Funds. E. FEDERAL AWARD PERFORMANCE GOALS HIDTA award recipients must adhere to the performance measures, goals and requirements set forth in the PPBG Performance Management chapter (§ 10.0) and the HIDTA Performance Management Process (PMP) database. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE X________________________________________ City Manager APPLICANT ORGANIZATION DATE SUBMITTED City of Independence Missouri through Independence Missouri Police Department Page 456 of 516 APPENDIX J FAPO RISK ASSESSMENT TOOL Key Risk Areas and Underlying Factors EXAMPLES Risk Level Lower Lower Higher Higher Lower Risk State Moderate Risk State Higher Risk State 1 2 3 4 5 AREA 1: COMPLIANCE – risk of non-compliance with specific laws, regulations and other rules affecting this process and its financial reporting Characteristics of the applicable laws, regulations, policies & rules impacting financial reporting for this business process Level of Clarity Clear & precise Open to interpretation/generic Unclear and imprecise Degree of maturity/stability Well-established & time-tested Recently enacted/evolving (<3 Brand New or unestablished years) Complexity Simple & straight forward Involves judgement & some Highly complicated or judgmental complexity AREA 2: HUMAN CAPTIAL – risk posed by the knowledge, skills and capacities of the people involved in this process who can effect financial assistance Knowledge/familiarity of staff with process Highly knowledgeable & familiar Average familiarity Staff are new or unfamiliar Degree of management process ownership/control Processes fully in-sourced and Mixed in & out-sourced processing or Significant outsourcing or delegation under management’s direct some control delegated to others of processes to others’ control control Workload Stress Low staff turnover; no workforce Moderate staff turnover: some High staff turnover; notable workforce constraints or other stressors workforce constraints constraints adding stress AREA 3: OPERATIONS – risk posed by the characteristics of the manual/automated activities & IT applications involved in this process impacting financial assistance Characteristics of the manual and automated activities & technology applications comprising this business process Uniformity Highly standardized Some variations occur Highly variable Complexity Simple & straightforward Moderately complicated Complicated/cumbersome/ error prone Regularity Routine Periodic/infrequent Non-routine/Rare Maturity or Stability Stable, well-established, time- Evolving/in transition (<3 years) Brand new, unestablished, unstable tested Extent of handling One/two “Touch-points” Multiple processing Many people/steps/apps involved steps/applications Dispersion Centralized within one Moderately dispersed among Highly dispersed among many location/function multiple locations/function different location/functions AREA 4: NATURE OF TRANSACTIONS – risk posed by the qualitative and quantitative characteristics of transactions generated by the process Transaction volume Extensive transactions (1000+) Many transactions (100+) Few transactions (10+) Transaction Frequency Systematic/recur on a regular Happens periodically/cyclically Happens infrequently or rarely basis Individual transaction sizes Small dollar (< 1/1000th of Moderate dollar (>1/1000th of Large dollar (>1/100th of materiality) materiality) materiality & <1/100th of materiality) Impact of estimates on financial reporting transactions Little/no impact of estimates/all Moderate impact of estimates/most Significant impact of estimates/some transaction variable are known/no transaction variables are transaction variables are derived estimation judgement involved known/some estimation judgement amounts/high judgement required involved Propensity for fraud, waste or misappropriation of Assets are immoveable or have no Assets are moveable and have some Assets are moveable and have a assets or information given safeguarding or other intrinsic value/information is intrinsic value/information is significant intrinsic Division of Financial Assistance Policy & Oversight Risk Assessment 2.10.16 Page | 1 Page 457 of 516 APPENDIX J FAPO RISK ASSESSMENT TOOL security issues easily safeguarded/low risk of capable of diversion/moderate risk valuable/information is capable of concealable theft or diversion of concealable theft or diversion diversion/high risk of concealable theft or diversion AREA 5: MANAGEMENT’S RECENT EXPERIENCE – indications of possible lingering risks based upon management’s experience with events during the pasts 3 years Prior annual financial statement or other audit results Controls & Compliance issues raised No findings related to this process Management letters comments or Reportable conditions, material other similar findings provided by weaknesses, non-compliance or auditors for this process “high-risk” matters cited by auditors for this process Adjustments by auditors None Few adjustments/not material in the Significant number of adjustments; aggregate aggregate value of adjustments exceed planning materiality Adjustments by management Few adjustments/routine in Moderate adjustments/moderate Significant number or dollar amount nature/mall dollar amounts dollar amounts involved of adjustments required/non-routine involved in nature Results of management’s recent Statement of No findings related to this process Some findings, though insignificant Reportable conditions, material Assurance assessments in scale/impact weaknesses & no-compliance matters found by management for this process Management’s day-to-day experience Accounting errors or irregularities (known fraud) Few error/adjustments adjustments Significant errors/adjustments Information available to monitor performance Readily available/useable by Somewhat available for use by Unavailable for use by management on a timely basis management/information is of management/information is hard to mixed quality or is untimely understand or apply on a timely basis Typical accounting analysis needed by management in Few calculations/analysis Moderate calculations/analysis Extensive calculations/analysis this area Overall nature of issues, errors or adjustments A virtually problem free area Problems occur from time to time of Problems persist, can be varying significance significant/demand high management intervention AREA 6: MANAGEMENT’S CURRENT OUTLOOK – overall perceived likelihood of material adverse financial reporting risks within the next year for this process Management overall prognosis of material adverse Remote Reasonably Possible More Likely than Not risks for this process Assessment performed by:_________________________________ Date:________________________________ Division of Financial Assistance Policy & Oversight Risk Assessment 2.10.16 Page | 2 Page 458 of 516 APPENDIX K Single Audit Certification Sub-Recipient Audit Requirements of the A-133 Single Audit (2 C.F.R. Part 200, Subpart F) Agreement between the City of Independence and the Kansas Bureau of Investigation under the Midwest HIDTA CFDA #95.001 for the period of 01/01/2026 to 12/31/2027 in the amount of $135,054.31 "ISC". The Kansas Bureau of Investigation is subject to the requirements of the U.S. Office of Management and Budget (OMB) Circular A-133: Audits of Dates, Local Governments and Nonprofit Organizations. As such, OMB Circular A-133 requires the Kansas Bureau of Investigation to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and weather they are in compliance with federal laws and regulations. This document must be completed and signed by the fiscal agent’s organization. Accordingly, we are requesting that you circle one of the numbers below, provide all appropriate documentation regarding your organization’s compliance with the audit requirements, This is part of the sub recipient’s grant agreement with the Kansas Bureau of Investigation. Name of organization: City of Independence Sub recipient’s SAM UEI # ______________________________ expires______________ Federal Employer Identification Number (FEIN):____________________________________ Signature: ____________________________________________________ 1. We have completed our OMB Circular A-133 audit for the fiscal year ending ________________ Here is the link to our audit report. _________________________________ If material exceptions were noted please enclose a copy of the responses and corrective actions taken. 2. We expect our OMB Circular A-133 audit for the fiscal year ending__________________ to be completed by _____________________. A copy of our audit report will be forwarded to the Kansas Bureau of Investigation within 30 days of receipt of the report. 3. We are not subject to Circular A-133 audit because: a) We are a for-profit organization. b) We expend less than $1,000,000 in federal awards annually. c) Other (please explain): _____________________________ Page 459 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-083 1R An ordinance authorizing the City Manager to execute a certain grant agreement in the amount of $6,000,000 with the Missouri Highways and Transportation Commission for the 23rd Street Safety & Mobility Improvements Project (Project No. 112601/Federal Project No. STBG-3379(448)) and adopting amendments to the Fiscal Year 2026-2027 Budget, which was approved by ordinance No. 19816. 1R Read Recommendations: Council approval is recommended. Background: Approval of this ordinance will authorize the City Manager to enter into a grant agreement with the Missouri Highways and Transportation Commission for the 23rd Street Safety & Mobility Improvements Project (No. 112601) to receive funds in the amount of $6,000,000. This grant agreement is an up to 80% match in federal funds for the project. The City will be responsible for 20% of the project cost, or approximately $1,200,000, to receive full grant reimbursement. The City has been awarded $11,400,000 in federal funding from the Mid-America Regional Council (MARC), which includes $6,000,000 in Surface Transportation Block Grant (STBG), $1,500,000 in Transportation Alternatives Program (TAP), $1,000,000 in Congestion Mitigation and Air Quality Improvement Program (CMAQ), and $2,900,000 in Carbon Reduction Program (CRP) funds, to support the 23rd Street Safety & Mobility Improvements Project (No. 112601). This project will construct new ADA-compliant sidewalks and ramps, repair and update sidewalks and ramps, add pedestrian signal upgrades at existing traffic signals, and provide access management best practices along with complete street improvements on 23rd Street (M-78) between Blue Ridge Blvd. and Lee's Summit Road. Emergency Justification: Fiscal Impact: The fiscal impact to the City is $6,000,000. Expenses for the 23rd Street Safety & Mobility Improvements Project (No. 112601), included in the Fiscal Year 2026-2027, page number 203, will run through account 112601-C-0517051-5406. The revenue from grant reimbursements on this project will be deposited directly into the Street Improvement Capital Fund (051), account number 051-3219, and appropriations will be increased in account 0517051-5406 - Other Improvements. Page 460 of 516Council Action: Department / Municipal Services / Contact REVIEWERS Mike Jackson Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. MS.23rd St Safety & Mobility Project 112601 - STBG Funding grant agreement ordinance 2. STBG 3379-448 23rd Street Safety Mobility Agreement Page 461 of 516 BILL NO. __________ ORDINANCE NO. __________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CERTAIN GRANT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE 23RD STREET SAFETY & MOBILITY IMPROVEMENTS PROJECT (PROJECT NO. 112601 / FEDERAL PROJECT NO. STBG -3379(448) AND ADOPTING AMENDMENTS TO THE FISCAL YEAR 2026-2027 BUDGET, WHICH WAS APPROVED BY ORDINANCE NO. 19816. WHEREAS, the 23rd Street Safety & Mobility Improvements Project (No. 112601) has been awarded a Surface Transportation Block Grant (STBG) in the amount of $6,000,000; and WHEREAS, the City Council of the City of Independence, Missouri finds it desirous to enter into Missouri Highways and Transportation Commission STBG Grant Agreement No. STBG-3379(448) to receive these funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the City Manager of the City of Independence, Missouri, is authorized to sign and execute for and on behalf of the City of Independence a certain grant agreement (No. STBG 3379(448)) with the Missouri Highways and Transportation Commission. SECTION 2. Increased appropriations in the amount of $6,000,000 payable from increased grant revenues in the Street Improvements Capital Fund (051) for the 23rd Street Safety & Mobility Improvements Project (No. 112601). PASSED THIS DAY OF , 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. _______________________________ Presiding Officer of the City Council of the City of Independence, Missouri ATTEST: ___________________________________ I hereby certify that there is a balance, City Clerk otherwise unencumbered, to the credit of the appropriation to which the foregoing APPROVED - FORM AND LEGALITY: expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from ___________________________________ which payment is to be made, sufficient City Counselor to meet the obligation hereby incurred. REVIEWED BY: Source is: As Indicated Above ___________________________________ ________________________________ City Manager Director of Finance Page 462 of 516 CO Form: FS11 Approved: 07/96 (KMH) Revised: 06/26 (MWH) Modified: 06/26 (MWH) ALN Number: ALN #20.287 ALN Title: Surface Transportation Block Grant Program Award name/number: STBG-3379(448). Award Year: 2028 Federal Agency: Federal Highway Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION SURFACE TRANSPORTATION BLOCK GRANT (STBG) PROGRAM AGREEMENT THIS STBG AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Independence, Jackson County, Missouri (hereinafter, "City"). WITNESSETH: WHEREAS, the Infrastructure Investment and Jobs Act (IIJA) Title 23 United States Code (USC) §133, authorizes a STBG Program to fund transportation related projects; and WHEREAS, the City desires to construct certain improvements, more specifically described below, using such STBG funding; and WHEREAS, those improvements are to be designed and constructed in compliance with the provisions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The purpose of this Agreement is to grant the use of STBG funds to the City. The improvement contemplated by this Agreement by the Commission is within the city limits of Independence, Missouri and designated as Project STBG 3379- 448. The project involves: This project will construct new ADA compliant sidewalks and ramps, repair and update sidewalks and ramps, add pedestrian signal upgrades at existing traffic c signals, and provide access management best practices along with complete Street improvements on 23rd Street (M-78) between Blue Ridge Blvd and Lee’s Summit Road. Page 463 of 516 The City shall be responsible for all aspects of the construction of the improvement. (2) LOCATION: The general location of the improvement is shown on an attachment hereto marked "Exhibit A" and incorporated herein by reference. More specific descriptions are as follows: MO-78 between Blue Ridge Blvd and Lee’s Summit Road (3) REASONABLE PROGRESS POLICY: The project as described in this agreement is subject to the reasonable progress policy set forth in the Local Public Agency (LPA) Manual and the final deadline specified in Exhibit B attached hereto and incorporated herein by reference. In the event, the LPA Manual and the final deadline within Exhibit B conflict, the final deadline within Exhibit B controls. If the project is within a Transportation Management Area that has a reasonable progress policy in place, the project is subject to that policy. If the project is withdrawn for not meeting reasonable progress, the City agrees to repay the Commission for any progress payments made to the City for the project and agrees that the Commission may deduct progress payments made to the City from future payments to the City. (4) LIMITS OF SYSTEM: The limits of the surface transportation system for the City shall correspond to its geographical area as encompassed by the urban boundaries of the City as fixed cooperatively by the parties subject to approval by the Federal Highway Administration (FHWA). (5) ROUTES TO BE INCLUDED: The City shall select the high traffic volume arterial and collector routes to be included in the surface transportation system, to be concurred with by the Commission, subject to approval by the FHWA. It is understood by the parties that surface transportation system projects will be limited to the said surface transportation system, but that streets and arterial routes may be added to the surface transportation system, including transfers from other federal aid systems. (6) INVENTORY AND INSPECTION: The City shall: (A) Furnish annually, upon request from the Commission or FHWA, information concerning conditions on streets included in the STBG system under local jurisdiction indicating miles of system by pavement width, surface type, number of lanes, and traffic volume category. (B) Inspect and provide inventories of all bridges on that portion of the federal-aid highway systems under the jurisdiction of the City in accordance with the Federal Special Bridge Program, as set forth in 23 USC §144, and applicable amendments or regulations promulgated thereunder. (7) CITY TO MAINTAIN: Upon completion of construction of this improvement, the City shall accept maintenance of the improvements made by this project at no cost and expense whatsoever to the Commission. Any traffic signals installed on highways 2 Page 464 of 516 maintained by the Commission will be turned over to the Commission upon completion of the project for operational maintenance. Any aesthetic improvements installed on highways maintained by the Commission upon completion of the project will be the sole responsibility of the City for maintenance. All obligations of the Commission under this Agreement shall cease upon completion of the improvement. (8) INDEMNIFICATION: To the extent allowed or imposed by law, the City shall defend, indemnify, and hold harmless the Commission, including its members and the Missouri Department of Transportation (“MoDOT” or “Department”) employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the City's wrongful or negligent performance of its obligations under this Agreement. (9) INSURANCE: (A) The City is required or will require any contractor procured by the City to work under this Agreement: 1. To obtain a no cost permit from the Commission’s district engineer prior to working on the Commission’s right of way, which shall be signed by an authorized contractor representative (a permit from the Commission’s district engineer will not be required for work outside of the Commission’s right of way); and 2. To carry commercial general liability insurance and commercial automobile liability insurance from a company authorized to issue insurance in Missouri, and to name the Commission, and the MoDOT and its employees, as additional insureds in amounts sufficient to cover the sovereign immunity limits for Missouri public entities ($600,000 per claimant and $4,000,000 per occurrence) as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration, and published annually in the Missouri Register pursuant to section 537.610 RSMo. (B) In no event shall the language of this Agreement constitute or be construed as a waiver or limitation for either party’s rights or defenses with regard to each party’s applicable sovereign, governmental, or official immunities and protections as provided by federal and state constitution or law. (10) CONSTRUCTION SPECIFICATIONS: Parties agree that all construction under the STBG for the City will be constructed in accordance with current MoDOT design criteria/specifications for urban construction unless separate standards for the surface transportation system have been established by the City and the Commission subject to the approval of the FHWA. (11) FEDERAL-AID PROVISIONS: Because responsibility for the performance of all functions or work contemplated as part of this project is assumed by the City, and the City may elect to construct part of the improvement contemplated by this Agreement 3 Page 465 of 516 with its own forces, a copy of Section II and Section III, as contained in the United States Department of Transportation (USDOT) Form Federal Highway Administration (FHWA) 1273 "Required Contract Provisions, Federal-Aid Construction Contracts," is attached and made a part of this Agreement as Exhibit D. Wherever the term "the contractor" or words of similar import appear in these sections, the term “the City” is to be substituted. The City agrees to abide by and carry out the condition and obligations of "the contractor" as stated in Section II, Equal Opportunity, and Section III, Nonsegregated Facilities, as set out in Form FHWA 1273. (12) ACQUISITION OF RIGHT OF WAY: With respect to the acquisition of right of way necessary for the completion of the project, City shall acquire any additional necessary right of way required for the project and in doing so agrees that it will comply with all applicable federal laws, rules, and regulations, including 42 USC 4601-4655, the Uniform Relocation Assistance and Real Property Acquisition Act, as amended and any regulations promulgated in connection with the Act. (13) REIMBURSEMENT: The cost of the contemplated improvements will be borne by the United States Government and by the City as follows: (A) Any federal funds for project activities shall only be available for reimbursement of eligible costs which have been incurred by City. Any costs incurred by City prior to authorization from FHWA and notification to proceed from the Commission are not reimbursable costs. All federally funded projects are required to have a project end date. Any costs incurred after the project end date are not eligible for reimbursement. The federal share for this project will be 80 percent not to exceed $6,000,000 (6 million) in 2028 STBG funds, $1,500,000 (1.5 million) in TAP funds, $1,000,000 (1 million) in CMAQ funds and $2,900,000 (2.9 million) in CRP funds totaling to $11,400,000 (11.4 million). The calculated federal share for seeking federal reimbursement of participating costs for the herein improvements will be determined by dividing the total federal funds applied to the project by the total participating costs. Any costs for the herein improvements which exceed any federal reimbursement or are not eligible for federal reimbursement shall be the sole responsibility of City. The Commission shall not be responsible for any costs associated with the herein improvement unless specifically identified in this Agreement or subsequent written amendments. (B) The total reimbursement otherwise payable to the City under this Agreement is subject to reduction, offset, levy, judgment, collection or withholding, if there is a reduction in the available federal funding, or to satisfy other obligations of the City to the Commission, the State of Missouri, the United States, or another entity acting pursuant to a lawful court order, which City obligations or liability are created by law, judicial action, or by pledge, contract or other enforceable instrument. Any costs incurred by the City prior to authorization from FHWA and notification to proceed from the Commission are not reimbursable costs. (14) PERMITS: The City shall secure any necessary approvals or permits from 4 Page 466 of 516 the Federal Government and the State of Missouri as required to permit the construction and maintenance of the contemplated improvements. (15) TRAFFIC CONTROL: The plans shall provide for handling traffic with signs, signal and marking in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). (16) WORK ON STATE RIGHT OF WAY: If any contemplated improvements for Project STBG 3379-448 will involve work on the state's right of way, the City will provide reproducible final plans to the Commission relating to such work. (17) DISADVANTAGED BUSINESS ENTERPRISES (DBEs): At time of processing the required project agreements with the FHWA, the Commission will advise the City of any required goals for participation by DBEs to be included in the City’s proposal for the work to be performed. The City shall submit for Commission approval a DBE goal or plan. The City shall comply with the plan or goal that is approved by the Commission and all requirements of Title 49 Code of Federal Regulations (CFR) Part 26, as amended. (18) NOTICE TO BIDDERS: The City shall notify the prospective bidders that DBEs shall be afforded full and affirmative opportunity to submit bids in response to the invitation and will not be discriminated against on grounds of race, color, sex, or national origin in consideration for an award. (19) PROGRESS PAYMENTS: The City may request progress payments be made for the herein improvements as work progresses but not more than once every two (2) weeks. Progress payments must be submitted monthly. All progress payment requests must be submitted for reimbursement within ninety (90) days of the project completion date for the final phase of work. The City shall repay any progress payments which involve ineligible costs. (20) PROMPT PAYMENTS: Progress invoices submitted to MoDOT for reimbursement more than thirty (30) calendar days after the date of the vendor invoice shall also include documentation that the vendor was paid in full for the work identified in the progress invoice. Examples of proof of payment may include a letter or e-mail from the vendor, lien waiver or copies of cancelled checks. Reimbursement will not be made on these submittals until proof of payment is provided. Progress invoices submitted to MoDOT for reimbursement within thirty (30) calendar days of the date on the vendor invoice will be processed for reimbursement without proof of payment to the vendor. If the City has not paid the vendor prior to receiving reimbursement, the City must pay the vendor within two (2) business days of receipt of funds from MoDOT. (21) OUTDOOR ADVERTISING: The City further agrees that the right of way provided for any STBG improvement will be held and maintained inviolate for public highway or street purposes, and will enact and enforce any ordinances or regulations necessary to prohibit the presence of billboards or other advertising signs or devices and 5 Page 467 of 516 the vending or sale of merchandise on such right of way, and will remove or cause to be removed from such right of way any sign, private installation of any nature, or any privately owned object or thing which may interfere with the free flow of traffic or impair the full use and safety of the highway or street. (22) FINAL AUDIT: The Commission will perform a final audit of project costs. The United States Government shall reimburse the City, through the Commission, any monies due. The City shall refund any overpayments as determined by the final audit. (23) AUDIT REQUIREMENTS: If the City expend(s) one million dollars ($1,000,000) or more in a year in federal financial assistance it is required to have an independent annual audit conducted in accordance with 2 CFR Part 200. A copy of the audit report shall be submitted to MoDOT within the earlier of thirty (30) days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. Subject to the requirements of 2 CFR Part 200, if the City expend(s) less than one million dollars ($1,000,000) a year, the City may be exempt from auditing requirements for that year but records must be available for review or audit by applicable state and federal authorities. (24) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) OF 2006: The City shall comply with all reporting requirements of the FFATA of 2006, as amended. This Agreement is subject to the award terms within 2 CFR Part 170. (25) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (26) APPLICABLE LAWS AND REGULATIONS: This Agreement shall be construed according to the laws of the State of Missouri. Each party shall comply with all applicable federal, state, and local laws, regulations, and ordinances. Additionally, each party shall adhere to all accepted industry standards, processes, and procedures relevant to the performance of their obligations under this Agreement. A violation of this paragraph constitutes a material breach of the Agreement. (27) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representatives of the City and the Commission. (28) COMMISSION REPRESENTATIVE: The Commission's District Engineer is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. The Commission's representative may designate by written notice other persons having the authority to act on behalf of the Commission in furtherance of the performance of this Agreement. (29) NOTICES: Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be deemed given three (3) days after delivery by United States mail, regular mail postage prepaid, or upon receipt by personal or 6 Page 468 of 516 facsimile delivery, addressed as follows: (A) To the City: Troy Anderson City Manager 111 E Maple Ave Independence, MO 64057 Facsimile No.:_(816)325-7024 (B) To the Commission: Kansas City District Engineer 600 NE Colbern Road Lees’ Summit, MO 64086 or to such other place as the parties may designate in accordance with this Agreement. To be valid, facsimile delivery shall be followed by delivery of the original document, or a clear and legible copy thereof, within three (3) business days of the date of facsimile transmission of that document. (30) NONDISCRIMINATION ASSURANCE: With regard to work under this Agreement, the City agrees as follows: (A) Civil Rights Statutes: The City shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 USC §2000d and §2000e, et seq.), as well as any applicable titles of the "Americans with Disabilities Act" (42 USC §12101, et seq.). In addition, if the City is providing services or operating programs on behalf of the Department or the Commission, it shall comply with all applicable provisions of Title II of the "Americans with Disabilities Act". (B) Administrative Rules: The City shall comply with the administrative rules of the USDOT relative to nondiscrimination in federally assisted programs of the USDOT (49 CFR Part 21) which are herein incorporated by reference and made part of this Agreement. (C) Nondiscrimination: The City shall not discriminate on grounds of the race, color, religion, sex, disability, national origin, age, or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The City shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices. (D) Solicitations for Subcontracts, Including Procurements of Material and Equipment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of the City. These apply to all solicitations either by competitive bidding or negotiation made by the City for work to be performed under a 7 Page 469 of 516 subcontract including procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by the City of the requirements of this Agreement relative to nondiscrimination on grounds of the race, color, religion, sex, disability or national origin, age, or ancestry of any individual. (E) Information and Reports: The City shall provide all information and reports required by this Agreement, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Commission or the USDOT to be necessary to ascertain compliance with other contracts, orders and instructions. Where any information required of the City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the Commission or the USDOT as appropriate and shall set forth what efforts it has made to obtain the information. (F) Sanctions for Noncompliance: In the event the City fails to comply with the nondiscrimination provisions of this Agreement, the Commission shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including but not limited to: 1. Withholding of payments under this Agreement until the City complies; and/or 2. Cancellation, termination, or suspension of this Agreement, in whole or in part, or both. (G) Incorporation of Provisions: The City shall include the provisions of this paragraph of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempted by the statutes, executive order, administrative rules or instructions issued by the Commission or the USDOT. The City will take such action with respect to any subcontract or procurement as the Commission or the USDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that in the event the City becomes involved or is threatened with litigation with a subcontractor or supplier as a result of such direction, the City may request the United States to enter into such litigation to protect the interests of the United States. (31) ACCESS TO RECORDS: The City and its contractors must maintain all records relating to this Agreement, including but not limited to invoices, payrolls, etc. These records must be available at no charge to the FHWA and the Commission and/or their designees or representatives during the period of this Agreement and any extension, and for a period of three (3) years after the date on which the City receives reimbursement of their final invoice from the Commission. (32) CONFLICT OF INTEREST: The City shall comply with conflict of interest policies identified in 23 CFR 1.33. A conflict of interest occurs when an entity has a financial or personal interest in a federally funded project. 8 Page 470 of 516 (33) MANDATORY DISCLOSURES: The City shall comply with 2 CFR 200.113 and disclose, in a timely manner, in writing all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. (34) FHWA APPROVAL: This Agreement is made and entered into subject to the approval of the FHWA. (35) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the City with written notice of cancellation. Should the Commission exercise its right to cancel this Agreement for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the City. (36) BUDGET: The City shall incur obligations in connection with the performance of the period only in conformity with the latest budget approved by the Commission as specified in Exhibit C attached hereto and incorporated herein by reference. This budget may be revised as necessary; however, no budget or revision shall be effective unless approved by the Commission's representative and FHWA. Remainder of Page Intentionally Left Blank 9 Page 471 of 516 IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this _____________________ (date). Executed by the Commission this ___________________________ (date). MISSOURI HIGHWAYS AND CITY OF INDEPENDENCE TRANSPORTATION COMMISSION By Title Title ATTEST: ATTEST: By _____________________________ Secretary to the Commission Title Approved as to Form: Approved as to Form: By ____________________________ Commission Counsel Title ___________________________ Ordinance No:________________ 10 Page 472 of 516 Exhibit A - Location of Project MO-70 from Blue Ridge Blvd to Lee’s Summit Road. 11 Page 473 of 516 Exhibit B – Project Schedule Project Description: STBG 3379-448 Task Date Date funding is made available or allocated to recipient 4/14/2025 Engineering Services Contract Approved 10/14/2026 Preliminary and Right-of-Way Plans Submittal 4/14/2027 (if Applicable) Plans, Specifications & Estimate (PS&E) Submittal 10/14/2027 Plans, Specifications & Estimate (PS&E) Approval 12/14/2027 Construction Contract Award 3/14/2028 12 Page 474 of 516 Exhibit C - Project Budget 13 Page 475 of 516 Exhibit D - Required Contract Provisions Federal-Aid Construction Contracts DRAFTER’S NOTE: Print Form 1273 from the following website and attach as Exhibit D http://www.fhwa.dot.gov/programadmin/contracts/1273.pdf. 14 Page 476 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-084 1R An ordinance amending Ordinance No. 19748 and authorizing the City Manager to execute a certain grant agreement supplement with the Missouri Highways and Transportation Commission as part of the 23rd Street (M-78) Complete Streets Phase 3 Project (Project No. 112111-3 / Federal Project No. CRP-3379(447)). 1R Read Recommendations: Council approval is recommended. Background: Due to complexities encountered during the design of this project, and in order to meet the grant timelines established by the Mid-America Regional Council, staff have determined it necessary to further phase the 23rd Street Complete Streets Phase 3 Project: • Phase A (No. 112111-3A) will address improvements on the south side of 23rd Street from Speck to Jackson Drive. • Phase B (No. 112111-3B) will address improvements on the north side of 23rd Street from Speck to Jackson Drive. The Mid-America Regional Council has agreed to the restructuring of this project, and this grant supplement reflects the funding timeline changes necessary for Phase A of this project. An additional supplement will be received for Phase B. These supplements are administrative in nature and will not affect the overall funding received for this project. On November 3rd, 2025, the City Council approved a federal funding agreement (CRP- 3379(447)) for the 23rd Complete Streets Phase 3 Project (No. 112111), which includes $1,000,000 in Transportation Alternatives Program (TAP) and $1,000,000 in Carbon Reduction Program (CRP) funds. This grant agreement provides up to an 80% match in federal funds for the project. The City will be responsible for the 20%, or approximately $400,000, to receive full grant reimbursement. This project will implement the City's Complete Streets policy and include the addition of ADA- compliant sidewalks and ramps, shared use or other multi-modal pathways, pedestrian signal improvements, and new green infrastructure along 23rd Street from Speck Rd. to Jackson Dr. Emergency Justification: Fiscal Impact: Page 477 of 516There is no fiscal impact to the City. Council Action: Department / Municipal Services / Contact REVIEWERS Mike Jackson Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. MS.23rd Street Complete Project Phase 3 112111-3A - Funding agreement supplement ordinance 2. 23rd St Complete Sts - Speck Rd to Jackson Dr South - CRP-3379(447) Supplemental Agreement Page 478 of 516MS.23rd St. Ph. 3 Funding Agreement Supplement 112111-3A / CRP-3379(447) crh BILL NO. __________ ORDINANCE NO. __________ AN ORDINANCE AMENDING ORDINANCE NO. 19748 AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CERTAIN GRANT AGREEMENT SUPPLEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AS PART OF THE 23RD STREET (M-78) COMPLETE STREETS PHASE 3 PROJECT (PROJECT NO. 112111-3 / FEDERAL PROJECT NO. CRP -3379(447). WHEREAS, the 23rd Street Complete Streets Phase 3 Project (No. 112111-3) has been awarded a Carbon Reduction Program (CRP) grant in the amount of $1,000,000; and a Transportation Alternatives Program (TAP) grant in the amount of $1,000,000; and WHEREAS, on November 3rd, 2025, the City Council of the City of Independence did approve Ordinance No. 19748, authorizing the City Manager to enter into the Missouri Highways and Transportation Commission CRP Grant Agreement No. CRP-3379(447); and WHEREAS, the 23rd Street Complete Streets Phase 3 Project (No. 112111-3) has been split into two phases (Phase A – addressing improvements on the southside of 23rd Street and Phase B – addressing improvements on the northside of 23rd Street) from Speck Road to Jackson Drive; and WHEREAS, on July 7th, 2026, the Mid-America Regional Council did approve changes to the funding timeline as it relates to the additional phase structure of the project; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the City Manager of the City of Independence, Missouri, is authorized to sign and execute for and on behalf of the City of Independence a certain grant agreement supplement (No. CRP-3379(447)) with the Missouri Highways and Transportation Commission. PASSED THIS DAY OF , 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. _______________________________ Presiding Officer of the City Council of the City of Independence, Missouri ATTEST: ___________________________________ City Clerk APPROVED - FORM AND LEGALITY: ___________________________________ City Counselor REVIEWED BY: 1 Page 479 of 516MS.23rd St. Ph. 3 Funding Agreement Supplement 112111-3A / CRP-3379(447) crh ___________________________________ City Manager 2 Page 480 of 516CCO Form: FS27 Jackson County Approved: 05/02 (BDG) City of Independence Revised: 03/26 (JDS) Project 3379-447 Modified: CFDA Number: CFDA #20.205 CFDA Title: Highway Planning and Construction Award name/number: CRP - (3379-447) Award Year: 2026 Federal Agency: Federal Highway Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CRP PROGRAM SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Independence (hereinafter, "City"). WITNESSETH: WHEREAS, on July 07, 2026 the Commission and the City previously executed a CRP Program Agreement as to public improvements designated as 3379-447, for the construction of 23rd Street (M-78) Complete Streets – Phase 3 – Speck Rd to Jackson Drive, southern section, (hereinafter, "Original Agreement"); and WHEREAS, the Commission and the City now desire to revise the Original Agreement. WHEREAS, the Mid-America Regional Council approved changes to funding as July 7th, 2026 in the Transportation Improvement Program. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: (1) REVISION: Paragraph 17 of the Original Agreement is hereby removed and replaced with the following: (17) REIMBURSEMENT: The cost of the contemplated improvements will be borne by the United States Government and by the City as follows: Any federal funds for project activities shall only be available for reimbursement of eligible costs which have been incurred by City. Any costs incurred by City prior to authorization from FHWA and notification to proceed from the Commission are not reimbursable costs. All federally funded projects are required to have a project end date. Any costs incurred Page 481 of 516 after the project end date are not eligible for reimbursement. The federal share for this project will be 80% (eighty percent) not to exceed $1,000,000 (one million dollars). The calculated federal share for seeking federal reimbursement of participating costs for the herein improvements will be determined by dividing the total federal funds applied to the project by the total participating costs. Any costs for the herein improvements which exceed any federal reimbursement or are not eligible for federal reimbursement shall be the sole responsibility of the City. The Commission shall not be responsible for any costs associated with the herein improvement unless specifically identified in this Agreement or subsequent written amendments. (2) REVISION: Appendix A of the Original Agreement is hereby removed and replaced with the following: (3) ORIGINAL AGREEMENT: Except as otherwise modified, amended, or supplemented by this Supplemental Agreement, the Original Agreement between the parties shall remain in full force and effect and shall extend and apply to this Supplemental Agreement as if fully written in this Supplemental Agreement. 2 Page 482 of 516 IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this ______________________ (date). Executed by the Commission this ____________________________ (date). MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION City By Title: Title: ATTEST: ATTEST: By Secretary to the Commission Title: Approved as to Form: Approved as to Form: ________________________________ Commission Counsel Title:____________________________ Ordinance No.:____________ 3 Page 483 of 516 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-085 1R An ordinance approving a rezoning from District R-6 (Single-Family Residential) to District R-6/PUD (Single-Family Residential/Planned Unit development) and approving a preliminary development plan for the property located at 19901 E. Missouri 78 Highway. 1R Read Recommendations: Commissioner O’Neill made a motion to recommend approval of case 26-125-04, a request for rezoning and preliminary development plan approval for property located at 19901 E M 78 Hwy, with the following conditions: 1. Day Centers serving more than 21 children shall be allowed in this district. 2. All operations of the daycare center shall conform to the use regulations of Section 14-401 of the Development Code. A second to the motion was made by Commissioner Nesbitt. The Independence Planning Commission voted as follows: Commissioner Nesbitt – Yes Commissioner Ferguson – Yes Commissioner Ashbaugh – Yes Commissioner O’Neill – Yes Commissioner Torres – Yes Commissioner Young – Yes Commissioner Wiley – Yes The motion passed 7-0 and, as such, this application is forwarded to the City Council for its consideration. Background: A request by Eastside Baptist Church of Independence for approval of rezoning/planned unit development request to allow for a daycare facility serving more than 21 children. Current Zoning: R-6 (Single-Family Residential) Proposed Zoning: R-6/PUD (Single-Family Residential/Planned Unit Development) Current Use: Religious Assembly Zoning History: 1965-1980: R-1 (Single-Family Residential) 1980-2009: R-1b (Single-Family Residential) 2009-Present: R-6 (Single-Family Residential) Property History: In 1963, the property was annexed into the City. With the adoption of Ordinance No. 1132 in November 1965, the site was designated an R-1 (Single Family Residential) zoning classification Page 484 of 516and has remained under a single-family zoning classification since that time. City records indicate that East Side Baptist Church of Independence has been developed in multiple phases beginning in 1989 with special use permit approval for a religious organization (Ord. No. 10626). The current site layout was approved by the Planning Commission in 2006 (Case #06-800-13). Proposal: Whereas the subject site is located in an R-6 (Single-Family Residential) zoning district, section 14-300-03 of the Development Code prohibits day care centers for 21 or more children in residential zoning districts. East Side Explorers proposes to utilize existing space within East Side Baptist Church of Independence to operate a daycare/preschool, operating Monday- Friday, initially serving 30-50 children ages 2-5. Physical Characteristics of Property: The subject site consists of four tax parcels totaling +/-16.5 acres situated at the southwest corner of the intersection of Jackson Drive and Missouri 78 Highway. East Side Baptist Church of Independence encloses +/-47,000 square feet of floor area. The property can be accessed via two entrances off Missouri 78 Highway and one additional entrance from Jackson Drive. The southern and southeastern portions of the site consist of heavily wooded land with dense tree cover. Characteristics of the Areas: Several civic/institutional uses are located in proximity to the subject site, including MCC-Blue River, Independence Schools, Independence Animal Services, and George Owens Nature Park. A mix of suburban subdivisions and residences on large lots make up the surrounding neighborhoods. ANALYSIS: Consistency with Independence for All, Strategic Plan: The project fits within Independence for All Strategic Plan’s goal to achieve livability, choice, access, health and safety through a quality-built environment. The proposed daycare center fits within civic-oriented uses, offers early childhood development, and provides a function serving the community. Comprehensive Plan Tools and Policies for the Current Designation: Imagine Independence Comprehensive Plan 2040 designates the subject site a residential neighborhood land use category. The comprehensive plan provides a guiding principle to enhance the livability of the city’s residential neighborhoods by supporting the provision of neighborhood amenities throughout the community in an equitable manner. Zoning: The proposed R-6/PUD zoning district classification will allow a daycare center in a single-family residential zoning district while protecting the residential character of the area. Historic and Archeological Sites: There are no apparent historic or archeological issues with this property. Public Utilities: All utilities exist and are available to serve the proposed use. Floodplain/Stream Buffer: The proposed development is not located within any floodplains nor is it affected by stream buffers. Page 485 of 516 CIP Investments: The city does not have any capital improvement projects planned near this area. REVIEW CRITERIA: Recommendations and decisions for the proposed planned unit development rezoning and its accompanying preliminary development plan must be based on consideration of the criteria listed in Section 14-703-05-H: 1. The consistency with the Comprehensive Plan. Imagine Independence Comprehensive Plan 2040 designates a Residential Neighborhoods land use category for this area. The proposed use serves as a neighborhood-serving amenity supported by the policies and principles of the comprehensive plan. 2. The consistency with the PUD standards of Section 14-902, including the statement of purpose. The preliminary development plan is consistent with the PUD standards of Section 14-902, ensuring the use is consistent with the comprehensive plan, and allowing flexibility in permitted uses that result in greater public benefits than could be achieved using conventional zoning district regulations. 3. The nature and extent of Common Open Space in the PUD. This proposed use does not involve the establishment of any common open areas. 4. The reliability of the proposals for maintenance and conservation of Common Open Space. Covenants and restrictions are not applicable for this proposed use. 5. The adequacy or inadequacy of the amount and function of Common Open Space in terms of the densities and dwelling types proposed in the plan. The proposed Planned Unit Development does not involve residential dwellings nor the provision of common open space. 6. The extent to which the proposed use will adversely affect the capacity of safety portions of the street network or present parking problems in the vicinity of the property. Whether adequate provision for public services, provides adequate control over vehicular traffic, and furthers the amenities of light and air, recreation, and visual enjoyment. The proposed daycare center will be accommodated within the existing facilities of Eastside Baptist Church in Independence. The site currently provides sufficient parking and well-designed traffic circulation to adequately support the intended use. Page 486 of 516 7. The extent to which the proposed use will have a substantially adverse effect on adjacent property and the development or conservation of the neighborhood area. No adverse impacts to adjacent properties are expected as a result of this development. The development is compatible with adjacent developments and land uses. 8. Whether potential adverse impacts have been mitigated to the maximum practical extent. No potential adverse impacts are expected as a result of this use. 9. Whether the Preliminary Development Plan represents such a unique development proposal that it could not have accomplished through use of (non-PUD) conventional zoning regulations. The PUD allows the applicant the ability to operate a day care facility that is not permitted under conventional zoning regulations while retaining a residential designation. 10. The sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the PUD in the case of a plan that proposes development over a period of years. No additional development is planned to serve this proposed use. The existing building will be used to accommodate the daycare center. Draft Planning Commission minutes are attached to this Council agenda item. Emergency Justification: Fiscal Impact: Council Action: Department / Community Development / Contact REVIEWERS Tom Scannell Jeremy Cover Lisa Reynolds Page 487 of 516Susanne Holland ATTACHMENTS: 1. Draft Ordinance 26-125-03 2. Rezoning & PUD Staff Report 26-125-04 3. Narrative_Redacted 4. Application_Redacted 5. Notification letter 6. Notification Area Map 7. Notification Addresses 8. Affidavit 9. Floor Plan 10. Enlarged Floor Plan 11. Zoning Map 12. Comprehensive Plan 13. Planning Commission Meeting Minutes 07.14.26 Page 488 of 516 Rezoning PUD/Preliminary Development Plan 19901 E M 78 Hwy – Case #26-125-04 09/18/2026-sh BILL NO. ___________ ORDINANCE NO. ___________ AN ORDINANCE APPROVING A REZONING FROM DISTRICT R-6 (SINGLE- FAMILY RESIDENTIAL) TO DISTRICT R-6/PUD (SINGLE-FAMILY RESIDENTIAL/PLANNED UNIT DEVELOPMENT) AND APPROVING A PRELIMINARY DEVELOPMENT PLAN FOR THE PROPERTY LOCATED AT 19901 E. MISSOURI 78 HIGHWAY. WHEREAS, the application submitted by Eastside Baptist Church of Independence, requesting approval of a rezoning from R-6 (Single-Family Residential) to District R-6/PUD (Single-Family Residential/Planned Unit Development) and a preliminary development plan for property located at 19901 E M 78 Hwy was referred to the Planning Commission as required by the Unified Development Ordinance; and, WHEREAS, the Unified Development Ordinance provides for the approval of a rezoning and preliminary development plan following public hearings by the Planning Commission and City Council; and, WHEREAS, after due public notice in the manner prescribed by law, the Planning Commission held public hearings for the consideration of the request on July 14, 2026, and rendered a report to the City Council with its vote to recommend approval of this application passed by a vote of 7-0; and, WHEREAS, in accordance with the Unified Development Ordinance, it was determined that the rezoning and preliminary development plan was consistent with the review criteria in Sections 14-701-02 and 14-703-05 respectively; and, WHEREAS, no legal protests were signed, acknowledged, and presented for the application; and, WHEREAS, after due public notice in the manner prescribed by law, the City Council held a public hearing and rendered a decision to approve the rezoning PUD and preliminary development plan of the said property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the following legally described tracts of real estate are hereby rezoned from District R-6 (Single-Family Residential) to District R-6/PUD (Single-Family Residential/Planned Unit Development) and shall be subject to the regulations of said district: RNG-31 TWP-49 SEC-09 PT OF NW 1/4 NW 1/4 DAF: BEG SW COR LOT 2 HERBERT NOLAND ADD TH W 252.50' TO TRU POB TH CONT W 78.84' TH S 165.03' TH W 661.33' TH N 198.19' TO SLY ROW LI M-78 HWY TH ALG SD ROW N 74 DEG E 770.48' TH S 236.19' TO TRU POB (KNOWN AS TR A CERT SUR T-3 PG-43) AND Page 489 of 516 Rezoning PUD/Preliminary Development Plan 19901 E M 78 Hwy – Case #26-125-04 09/18/2026-sh RNG-31 TWP-49 SEC-09 PT OF NW 1/4 NW 1/4 DAF: BEG SW COR LOT 2 HERBERT NOLAND ADD TH W 252.50' TH N 236.19' TO SELY ROW LI M-78 TH ALG SD ROW LI N 74 DEG E 398.84' TH S 161.20' TH W 131.14' TH 180.08' TO POB (KNOWN AS TR A ON CERT SUR T-3 PG-43) AND SEC-09 TWP-49 RNG-31 N 5 AC OF S 10 AC OF NW 1/4 OF NW 1/4 (EX PT IN RD) AND RNG-31 TWP-49 SEC-09 TH PT NW NW 1/4 DAF: BEG ON S LI SD 1/4 1/4 210' W OF SE COR NW NW 1/4 TH W 1118.40' TO W LI SD 1/4 1/4 TH N ALG SD W LI 1/4 1/4, 165.03' TH E 1297.08' TH S 78' TH W 180' TH S 87' TO POB ( KNOW AS TR 1 ON CERT SUR T-2 PG-43) SECTION 2. That the Preliminary Development Plan is attached hereto and is incorporated by reference as if fully set out herein, is hereby approved with the following conditions: 1. Day Centers serving more than 21 children shall be allowed in this district. 2. All operations of the day care center shall conform to the use regulations of Section 14-401 of the Development Code. SECTION 3. Nonseverability. All provisions of this ordinance are so essentially, and inseparably connected with, and so dependent upon, each other that no such provision would be enacted without all others. If a court of competent jurisdiction enters a final judgement on the merits that are not subject to appeal and that declares any provision or part of this ordinance void, unconstitutional, or unenforceable, then this ordinance, in its collective entirety, is invalid and shall have no legal effect as of the date of such judgement. SECTION 4. Scrivener’s Errors. Typographical errors and other matters of a similar nature that do not affect the intent of this ordinance, as determined by the City Clerk and City Counselor, may be corrected with the endorsement of the City Manager without the need to come before the City Council. SECTION 5. That failure to comply with all the provisions contained in this ordinance shall constitute violations of both this ordinance and Chapter 14, the Unified Development Ordinance, of the Code of the City of Independence, Missouri. PASSED THIS _______ DAY OF ______________, 2026, BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. ________________________________ Presiding Officer of the City Council of the City of Independence, Missouri ATTEST: ________________________________ City Clerk APPROVED AS TO FORM AND LEGALITY: Page 490 of 516Rezoning PUD/Preliminary Development Plan 19901 E M 78 Hwy – Case #26-125-04 09/18/2026-sh ________________________________ City Counselor REVIEWED BY: ________________________________ City Manager Page 491 of 516 Planning Commission Staff Report MEETING DATE: July 14, 2026 STAFF: Gabe Glaser, Planner PROJECT NAME: East Side Explorers Day Care CASE NUMBER/REQUEST: Case 26-125-04 – Rezoning/PUD – 19901 E. M-78 Highway – A request to rezone the property from R-6 (Single Family Residential) to R-6/PUD (Single Family Residential/Planned Unit Development) and approve a preliminary development plan. APPLICANT/OWNER: Eastside Baptist Church of Independence PROPERTY ADDRESS: 19901 E M 78 Hwy SURROUNDING ZONING/LAND USE: North: R-6 (Single Family Residential)…Single Family Homes South: R-6 (Single Family Residential)…Single Family Homes East: R-6 (Single Family Residential)…Single Family Homes and Schools West: R-6 (Single Family Residential)…Single Family Homes PUBLIC NOTICE: . Letters to adjoining property owners – June 23, 2026 . Public Notice published in the Examiner – June 27, 2026 . Signs posted on property – June 25, 2026 FURTHER ACTION: Following action by the Planning Commission, this rezoning request is scheduled for first reading by the City Council on August 17, 2026 and the public hearing/second reading on September 8, 2026. RECOMMENDATION Staff recommends APPROVAL of this Rezoning/Preliminary Development Plan request. 1. Day Centers serving more than 21 children shall be allowed in this district. 2. All operations of the day care center shall conform to the use regulations of Section 14-401 of the Development Code. PROJECT DESCRIPTION & BACKGROUND INFORMATION PROJECT DESCRIPTION: – A request by Eastside Baptist Church of Independence for approval of rezoning/planned unit development request to allow for a daycare facility serving more than 21 children. Page 1 Page 492 of 516 Current Zoning: R-6 (Single-Family Proposed R-6/PUD (Single-Family Residential) Zoning: Residential/Planned Unit Development) Current Use: Religious Assembly Zoning History 1965 – 1980: R-1 (Single Family Residential) 1980 - 2009: R-1b (Single-Family Residential) 2009 – R-6 (Single-Family Residential) Property History: In 1963, the property was annexed into the City. With the adoption of Ordinance No. 1132 in November 1965, the site was designated a R-1 (Single Family Residential) zoning classification and has remained under a single-family zoning classification since that time. City records indicate that East Side Baptist Church of Independence has been developed in multiple phases beginning in 1989 with special use permit approval for a religious organization (Ord. No. 10626). The current site layout was approved by the Planning Commission in 2006 (Case #06-800-13). Proposal: Whereas the subject site is located in a R-6 (Single-Family Residential) zoning district, section 14-300- 03 of the Development Code prohibits day care centers for 21 or more children in residential zoning districts. East Side Explorers proposes to utilize existing space within East Side Baptist Church of Independence to operate a daycare/preschool, operating Monday-Friday, initially serving 30-50 children ages 2-5. Physical Characteristics of Property: The subject site is comprised of four tax parcels totaling +/-16.5 acres situated at the southwest corner of the intersection of Jackson Drive and Missouri 78 Highway. East Side Baptist Church of Independence encloses +/-47,000 square feet of floor area. The property can be accessed via two entrances off Missouri 78 Highway and one additional entrance from Jackson Drive. The southern and southeastern portions of the site consist of heavily wooded land with dense tree cover. Characteristics of the Areas: Several civic/institutional uses are located in proximity to the subject site, including MCC-Blue River, Independence Schools, Independence Animal Services, and George Owens Nature Park. A mix of suburban subdivisions and residences on large lots make up the surrounding neighborhoods. ANALYSIS Consistency with Independence for All, Strategic Plan: The project fits within Independence for All Strategic Plan’s goal to achieve livability, choice, access, health and safety through a quality-built environment. The proposed day care center fits within civic- oriented uses, offers early childhood development and provides a function serving the community. Page 2 Page 493 of 516 Comprehensive Plan Tools and Policies for the Current Designation: Imagine Independence Comprehensive Plan 2040 designates the subject site a residential neighborhood land use category. The comprehensive plan provides a guiding principle to enhance the livability of the city’s residential neighborhoods by supporting the provision of neighborhood amenities throughout the community in an equitable manner. Zoning: The proposed R-6/PUD zoning district classification will allow a daycare center in a single-family residential zoning district while protecting the residential character of the area. Historic and Archeological Sites: There are no apparent historic or archeological issues with this property. Public Utilities: All utilities exist and are available to serve the proposed use. Floodplain/Stream Buffer: The proposed development is not located within any floodplains nor is it affected by stream buffers. CIP Investments: The city does not have any capital improvements projects planned near this area. REVIEW CRITERIA Recommendations and decisions for proposed planned unit development rezoning and its accompanying preliminary development plan must be based on consideration of the criteria listed in Section 14-703-05-H: 1. The consistency with the Comprehensive Plan. Imagine Independence Comprehensive Plan 2040 designates a Residential Neighborhoods land use category for this area. The proposed use serves as a neighborhood-serving amenity supported by the policies and principles of the comprehensive plan. 2. The consistency with the PUD standards of Section 14-902, including the statement of purpose. The preliminary development plan is consistent with the PUD standards of Section 14-902, ensuring the use is consistent with the comprehensive plan, and allowing flexibility in permitted uses that result in greater public benefits than could be achieved using conventional zoning district regulations. 3. The nature and extent of Common Open Space in the PUD. This proposed use does not involve the establishment of any common open areas. 4. The reliability of the proposals for maintenance and conservation of Common Open Space. Covenants and restrictions are not applicable for this proposed use. 5. The adequacy or inadequacy of the amount and function of Common Open Space in terms of the densities and dwelling types proposed in the plan. The proposed Planned Unit Development does not involve residential dwellings nor the provision of common open space. Page 3 Page 494 of 516 6. The extent to which the proposed use will adversely affect the capacity of safety portions of the street network or present parking problems in the vicinity of the property. Whether adequate provision for public services, provides adequate control over vehicular traffic, and furthers the amenities of light and air, recreation, and visual enjoyment. The proposed daycare center will be accommodated within the existing facilities of Eastside Baptist Church in Independence. The site currently provides sufficient parking and well-designed traffic circulation to adequately support the intended use. 7. The extent to which the proposed use will have a substantially adverse effect on adjacent property and the development or conservation of the neighborhood area. No adverse impacts to adjacent properties are expected as a result of this development. The development is compatible with adjacent developments and land uses. 8. Whether potential adverse impacts have been mitigated to the maximum practical extent. No potential adverse impacts are expected as result of this use. 9. Whether the Preliminary Development Plan represents such a unique development proposal that it could not have accomplished through use of (non-PUD) conventional zoning regulations. The PUD allows the applicant the ability to operate a day care facility that is not permitted under conventional zoning regulations while retaining a residential designation. 10. The sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the PUD in the case of a plan that proposes development over a period of years. No additional development is planned to serve this proposed use. The existing building will be used to accommodate the daycare center. EXHIBITS 1. Narrative 2. Application 3. Notification letter 4. Notification area map 5. Notification addresses 6. Mailing affidavit 7. Floor Plan 8. Enlarged Floor Plan 9. Zoning map 10. Comprehensive Plan map Page 4 Page 495 of 516 May 28, 2026 Kenzie Basham Director - East Side Explorers 19901 MO-78 Independence, MO 64057 To whom it may concern: East Side Church, an established religious organization, is requesting rezoning to establish a daycare/preschool within the existing space. The daycare/preschool will be called East Side Explorers. The church has a preestablished “kids zone” for Sunday mornings that we plan to utilize as the daycare space Monday-Friday. We plan to operate under all guidelines and regulations with a starting number of 30-50 children ages 2-5. Currently, the church exists in a residential zone - we are requesting to be rezoned to operate the business from our current location. Please contact me with any questions or concerns. Kenzie Basham Page 496 of 516Page 497 of 516Page 498 of 516Page 499 of 516Parcel ID Property Address Property Owner Owner Address City StateZIP Code 25-600-02-27-01-0-00-000 2020 S QUAIL DR THE SCHOOL DIST OF THE CITY INDEP NO 30 201 N FOREST AVE INDEPENDENCE MO 64050 25-600-32-63-00-0-00-000 19901 E M 78 HWY EAST SIDE BAPTIST CHURCH OF INDEPENDENCE 19901 E M 78 HWY INDEPENDENCE MO 64057 25-600-32-11-01-0-00-000 19510 E HOLKE RD PLOWMAN GARY LEE-TRUSTEE 19510 E HOLKE RD INDEPENDENCE MO 64057 25-600-32-06-00-0-00-000 2014 S JACKSON DR EAST SIDE BAPTIST CHURCH OF INDEP 19901 E M 78 HWY INDEPENDENCE MO 64057 25-510-02-11-00-0-00-000 CA RESIDENTIAL REMINGTON VILLAS OWNERS ASSOC INC 600 S CENTRAL DR BLUE SPRINGS MO 64014 25-510-01-01-00-0-00-000 19501 E M 78 HWY THATCHER GWENDOLYN M & MARK A 19501 E 78 HWY INDEPENDENCE MO 64057 25-600-32-60-00-0-00-000 2024 S JACKSON DR EAST SIDE BAPTIST CHURCH OF INDEP 19901 E M 78 HWY INDEPENDENCE MO 64057 25-600-32-62-00-0-00-000 19901 E M 78 HWY EAST SIDE BAPTIST CHURCH OF INDEPENDENCE 19901 E STATE ROUTE 78 INDEPENDENCE MO 64057 25-600-01-06-01-0-00-000 20301 E M 78 HWY JR COLLEGE DIST OF METRO-KC 3200 BROADWAY KANSAS CITY MO 64111 25-600-02-28-00-0-00-000 2021 S JACKSON DR THE SCHOOL DIST OF THE CITY INDEP NO 30 201 N FOREST AVE INDEPENDENCE MO 64050 25-600-32-09-00-0-00-000 2104 S JACKSON DR THOMAS RONALD DEAN -TR 2104 S JACKSON DR INDEPENDENCE MO 64057 25-600-32-05-00-0-00-000 2008 S JACKSON DR SCOTT JAMES R 2008 S HOLKE RD INDEPENDENCE MO 64057 25-600-32-58-00-0-00-000 2002 S JACKSON DR SEYMOUR CHRISTOPHER D & KRISANDRA M 4015 N BUCKNER TARSREY RD SIBLEY MO 64088 25-600-32-03-00-0-00-000 2000 S JACKSON DR TERRY RAY FISHER IRREVOCABLE TRUST DATED 08/26/2025 2000 S JACKSON DR INDEPENDENCE MO 64057 25-600-32-08-00-0-00-000 2100 S JACKSON DR THOMAS RONALD D-TRUSTEE 2104 S JACKSON DR INDEPENDENCE MO 64057 25-510-01-27-00-0-00-000 19502 E HOLKE RD REORGANIZED CHURCH OF JESUS 1001 W WALNUT INDEPENDENCE MO 64050 25-600-32-12-00-0-00-000 2104 S JACKSON DR THOMAS RONALD DEAN -TR 2104 S JACKSON DR INDEPENDENCE MO 64057 25-600-22-06-00-0-00-000 19710 E M 78 HWY JACKSON DEREK 19710 E M 78 HWY INDEPENDENCE MO 64057 25-600-02-29-00-0-00-000 2101 S JACKSON DR GAMBINO JOSEPH A & HONG JI 2101 S JACKSON DR INDEPENDENCE MO 64057 25-600-32-57-02-0-00-000 1910 S JACKSON DR GRIFFIN ARTHUR B III & TONYA M 1910 S JACKSON DR INDEPENDENCE MO 64057 25-600-32-59-00-0-00-000 2024 S JACKSON DR MANCINI ANTHONY M 2024 HOLKE RD INDEPENDENCE MO 64057 25-600-32-10-02-0-00-000 2104 S JACKSON DR SCHOLES CONOR L & ELIZABETH A 2112 S JACKSON DR INDEPENDENCE MO 64057 25-600-32-04-00-0-00-000 2004 S JACKSON DR MCLAUGHLIN SE'INA 2004 S JACKSON DR INDEPENDENCE MO 64057 Page 500 of 516Page 501 of 516Page 502 of 516Page 503 of 516Page 504 of 516Page 505 of 516Page 506 of 516Page 507 of 516Page 508 of 516Page 509 of 516Page 510 of 516Page 511 of 516Page 512 of 516Page 513 of 516Page 514 of 516Page 515 of 516Page 516 of 516