City Council Regular Meeting September 8, 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 Laurie Dean Wiley, Congregant at Vision Church KC THE PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATION RESOLUTIONS 1. 26-761 A resolution recognizing Frederick Woods, District Planner I for the Independence Power & Light Department, as the ISTAR award recipient for the month of September 2026 PROCLAMATIONS 1. A proclamation recognizing Elle Williams for her heroic actions during a critical incident 2. A proclamation recognizing September as Emergency Preparedness Month Page 1 of 668CITIZEN REQUESTS OLD BUSINESS 1. 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). 2. 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. 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 CONSENT AGENDA Reports and Recommendations of the City Manager 1. Approval of minutes from the August 3rd and August 17th 2026 Regular City Council Meetings 2. Council action is requested to authorize the City Manager to issue a purchase order(s) in the amount of $146,931.45 to C1 for continued software, licensing and support for the City's server infrastructure, and to authorize change orders up to ten (10) percent of the authorized amount, to support the Technology Services Deprtment in the Fiscal Year 2026-2027. 3. Council action is requested to authorize a purchase order and to authorize change orders up to ten (10) percent of the authorized amount to Advanced Utility Systems in the amount of $523,853, for the software upgrade of CIS Infinity V4 to CIS Infinity V5. 4. Council action is requested to authorize expenditures of up to $1,506,000 to Tenaska Page 2 of 668 for energy services and energy data management services, and to authorize up to ten percent (10%) of the authorized amount for future change orders, for the Power & Light Department (IPL) for Fiscal Year 2026-2027. 5. Council action is requested to authorize the City Manager to issue a purchase order(s) in the amount of $327,236 to Shawnee Mission Ford for seven (7) Model Year 2027 Ford Explorer All-Wheel Drive Police Vehicles, and to authorize up to ten percent (10%) of the authorized amount for future change orders, to support the Police Department in Fiscal Year 2026-2027. 6. Council action is requested to authorize a purchase order with Toth & Associates in the amount of $125,000 for the development of steel transmission pole standards for the Power & Light Department (IPL), and to authorize change orders up to ten percent (10%) of the authorized amount. 7. Council action is recommended to approve expenditures and issue the required purchase orders up to the budgeted amount of $26,356,600 to Cigna for medical and pharmacy administration for Active and Pre-65 Retirees, Met Life for dental insurance coverage and flexible spending account coverage, and UMB for health savings accounts for plan year beginning January 1, 2027 through December 31, 2027. 8. Council action is requested to authorize a contract renewal with Cigna for Post-65 Medicare Surround insurance plans for a 39% increase to the Custom Plan, a 17% to Plan G, and a 9% increase to Plan F for the plan year beginning January 1, 2027, through December 31, 2027. 9. Council action is requested to authorize a contract renewal with HealthSpring (HCSC) for post-65 medical insurance coverage for a 9.2% increase to Medicare Advantage and 8.2% increase to Medicare Part D plans (PDP) for the plan year beginning January 1, 2027, through December 31, 2027. 10. Council action is requested to authorize the City Manager to approve Change Order #2 to the existing design-build contract (C#500001004) with MegaKC, for a revised contract amount not to exceed $3,023,985, for additional design-build services near Cassell Park Elementary as part of the FY26 GO Bond - Sidewalks Project (No. 542602- 1). 11. Council action is requested to authorize the City Manager to approve Change Order Page 3 of 668 #1 to the existing design services contract (PO#26000908) with Benesch, for a revised contract amount not to exceed $103,090 for additional construction inspection services for the E. Kentucky Ave Bridge over Mill Creek (542601-2) as part of the GO Bond - Bridges Project (No. 542601). 12. Council action is requested to authorize the City Manager to approve a construction contract with Viking Painting LLC, for an amount not to exceed $508,250, and to authorize a ten percent (10%) contingency of the authorized amount, to replace the protective coating of the wash water tower at the Courtney Bend Water Treatment Plant as part of the Paint West Wash Water Tower Project (No. 402701). 13. Council action is requested to authorize the City Manager to approve Change Order #1 to the existing contract (PO#27000490) with SHEDIGS IT, LLC, for a revised contract amount not to exceed $313,523, and to authorize change orders up to ten percent (10%) of the authorized amount, for additional construction-related expenses as part of the 1716 Rogers Street Emergency Stormwater Project (No. 131802). 14. Council action is requested to authorize the City Manager to approve a professional services contract with, and issue a purchase order to, Wilson & Company for an amount not to exceed $153,655.90, and to authorize change orders up to ten percent (10%) of the authorized amount, for environmental review services as part of the Englewood Roundabout & Winner Road Upgrades Project (No. 112603). 15. Council approval is requested to authorize the City Manager to approve a construction contract with Brotcke Well and Pump, for an amount not to exceed $620,417, and to authorize change orders up to ten percent (10%) of the authorized amount, for the rehabilitation of five wells at the Courtney Bend Water Treatment Plant. 16. Council action is requested to authorize the City Manager to approve Change Order #1 to the existing design services contract (PO#) with Crawford, Murphy, & Tilly (CMT), for a revised contract amount not to exceed $172,220, and to authorize change orders up to ten percent (10%) of the authorized amount, for additional engineering services as part of the 23rd Street Complete Streets Phase 1 Project (No. 112111). RESOLUTIONS Page 4 of 668 1. 26-762 A resolution adopting the 2026-2029 Independence City Council Strategic Action Plan Update. 2. 26-763 A resolution adopting the City of Independence Five-Year Financial Plan for Fiscal Years 2027-2031 and establishing a framework for long-term financial planning and prioritization. 3. 26-764 A resolution reappointing Laura Dominik to the Personnel Board 4. 26-765 A resolution appointing Carter Sevic to the Planning Commission 5. 26-766 A resolution appointing Dennis Hart to the Board of Adjustment 6. 26-767 A resolution appointing Linda Seever to the Housing Authority Commission 7. 26-768 A resolution appointing Mary Smead and reappointing Pamela Smith to the Independence Park Commission 8. 26-769 A resolution appointing Ralvell Rogers to the Japanese Sister City Committee 9. 26-770 A resolution amending Article I as it pertains to Workplace and Equal Employment Opportunity Policies, Amendment and Adoption of Personnel Policies and Procedures Manual REGULAR AGENDA PUBLIC HEARING(S) 1. A public hearing for the application to rezone the property at 19901 E. M-78 Highway from R-6, Single Family Residential, to R-6/PUD, Single Family Residential/Planned Unit Development, and approve a preliminary development plan. New Information Only. 26-085 2R 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. 2R Page 5 of 668 2. A public hearing regarding a letter of endorsement for Missouri Ground Ambulance Service Licensure for HCA Healthcare. Full Public Hearing 26-771 A resolution authorizing the City Manager to issue a Letter of Endorsement for Missouri Ground Ambulance Service Licensure for HCA Healthcare. ORDINANCES 1. 26-080 2R 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. 2R 2. 26-081 2R 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. 2R 3. 26-082 2R 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. 2R 4. 26-083 2R 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. 2R 5. 26-084 2R 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)). 2R Page 6 of 668FIRST READING(S) 1. 26-086 1R An ordinance granting easement authority as part of the Lake City Valley Road Bridge Project (No. 542601-3). 1R 2. 26-087 1R An ordinance approving a rezoning from District C-2 (General Commercial) and District R-30/PUD (High Density Residential /Planned Unit Development) to District R-6 (Single-Family Residential) for the property located at 221 N. Crysler Avenue. 1R 3. 26-088 1R An ordinance approving a rezoning from District R-30/PUD (High-Density Residential/Planned Unit Development) to R-6 (Single-Family Residential) for the property located at 914 and 916 E. Frederick Street. 1R 4. 26-089 1R An ordinance approving a rezoning from district R-12/PUD (Two Family Residential/Planned Unit Development) to R-A (Residential Agricultural) for the property located at 515 S. Powell Road. 1R 5. 26-090 1R An ordinance levying a tax on all real property subject to taxation on January 1, 2026, within the corporate limits of the City of Independence, Missouri, for all General Revenue and Public Health and Recreation Purposes, for General Obligation Debt, and for the Independence Square Special Benefit District; said levies and assessments being separate and distinct, all for the fiscal year commencing on the 1st day of July 2026 and ending on the 30th day of June 2027. 1R INFORMATION ONLY 1. 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 Page 7 of 668ADJOURNMENT Page 8 of 668 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). 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. Page 9 of 668Main St. from E. Kansas Ave to Lexington Ave., and W. Maple Ave to E. Truman Rd. This is a budgeted capital project. Emergency Justification: Fiscal 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 Page 10 of 668ATTACHMENTS: 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 11 of 668 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 12 of 668Mr. 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 13 of 668Mr. 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 14 of 668Mr. 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 15 of 668 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 16 of 668 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 17 of 668 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 18 of 668Phase 2 - Project Limits Square Streetscape Phase 2 Project Liberty St. – east side is currently under design (Lexington to Pacific) Page 19 of 668 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 20 of 668ARTICLE 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 21 of 668the 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 22 of 668the 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 23 of 668pertinent 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 24 of 668result 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 25 of 668City Consultant By_________________________________ By _______________________________ Title ______________________________ Date _______________________________ Date______________________________ 7 Page 26 of 668 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. Recommendations: Background: Emergency Justification: Fiscal Impact: Council Action: Department / Community Development / Contact Page 27 of 668REVIEWERS Tom Scannell ATTACHMENTS: 1. 7-14-26 Public Notice Proof Page 28 of 6687/14 PC Ad - Page 2 of 2 Page 29 of 668 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 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. Page 30 of 668A 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 Commissioner 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. Page 31 of 668 • 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 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, 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 Page 32 of 668Hosting 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 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. Page 33 of 668 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. 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. Page 34 of 668 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 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 Page 35 of 668Facilities, 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 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 Page 36 of 668The 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 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 Page 37 of 668applicable 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 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 public health, safety, and welfare. PROPOSED AMENDMENT SUMMARY Page 38 of 668The 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 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 Page 39 of 668is 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 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. Page 40 of 668The 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 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. Page 41 of 668 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: Page 42 of 6681. 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 13. Councilmember Stewart Proposed Word Ordinance 26-175-03 Amend #80 Data Center & BESS 14. Councilmember Stewart Proposed PDF Ordinance 26-175-03 Amend #80 Data Center & BESS Page 43 of 668 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 44 of 668 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 45 of 668 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 46 of 668 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 47 of 668 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 48 of 668 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 49 of 668 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 50 of 668 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 51 of 668 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 52 of 668 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 53 of 668 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 54 of 668 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 55 of 668 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 56 of 668 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 57 of 668 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 58 of 668 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 59 of 668 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 60 of 668 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 61 of 668 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 62 of 668 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 63 of 668 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 64 of 668 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 65 of 668 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 66 of 668 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 67 of 668UDO 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 68 of 668UDO 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 69 of 668UDO 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 70 of 668UDO 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 71 of 668UDO 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 72 of 668UDO 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 73 of 668UDO 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 74 of 668UDO 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 75 of 668UDO 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 76 of 668UDO 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 77 of 668UDO 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 78 of 668UDO 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 79 of 668UDO 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 80 of 668UDO 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 81 of 668UDO 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 82 of 668UDO 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 83 of 668UDO 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 84 of 668UDO 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 85 of 668UDO 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 86 of 668UDO 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 87 of 668UDO 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 88 of 668UDO 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 89 of 668UDO 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 90 of 668UDO 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 91 of 668 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 92 of 668 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 93 of 668 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 94 of 668 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 95 of 668 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 96 of 668 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 97 of 668 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 98 of 668 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 99 of 668 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 100 of 668 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 101 of 668 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 102 of 668 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 103 of 668 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 104 of 668 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 105 of 668 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 106 of 668 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 107 of 668 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 108 of 668 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 109 of 668 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 110 of 668 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 111 of 668 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 112 of 668 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 113 of 668 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 114 of 668 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 115 of 668 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 116 of 668 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 117 of 668 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 118 of 668 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 119 of 668 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 120 of 668 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 121 of 668 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 122 of 668Page 123 of 668Page 124 of 668Page 125 of 668Page 126 of 668Page 127 of 668Page 128 of 668Page 129 of 668UDO Changes 26-175-03 Data Center & BESS 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 130 of 668UDO Changes 26-175-03 Data Center & BESS Exception. The provisions of this section shall not apply to any small data processing and hosting development that has submitted a building permit application, 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 131 of 668UDO Changes 26-175-03 Data Center & BESS 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. 14‑429‑04‑D. Vacated Building. When a small data processing or hosting facility vacates a principal building, whether the building was originally created through conversion of an existing structure or new construction, the required off‑street parking for that building shall comply with the applicable parking requirements of the Unified Development Ordinance (UDO). 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. Page 132 of 668UDO Changes 26-175-03 Data Center & BESS 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. 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. 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. 14-429-09-D. 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-E. 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 Page 133 of 668UDO Changes 26-175-03 Data Center & BESS 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. 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 application, 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, Page 134 of 668UDO Changes 26-175-03 Data Center & BESS 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 combination of buildings, berms, and plant materials. All required screening shall be installed and maintained in accordance with Section 14-503. Page 135 of 668UDO Changes 26-175-03 Data Center & BESS 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. 14-430-04-C. Vacated Building. When a major data processing or hosting facility vacates a principal building, whether the building was originally created through conversion of an existing structure or new construction, the required off‑street parking for that building shall comply with the applicable parking requirements of the Unified Development Ordinance (UDO). 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 Page 136 of 668UDO Changes 26-175-03 Data Center & BESS 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. 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. For purposes of this section, backup or emergency purposes means operation of a generator when the normal electrical power supply to the facility is interrupted or insufficient to support essential facility operations, or when operation is necessary to address an immediate or imminent threat to the health, safety, or protection of persons, property, or critical equipment. 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 Page 137 of 668UDO Changes 26-175-03 Data Center & BESS 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-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. Page 138 of 668UDO Changes 26-175-03 Data Center & BESS • 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; Page 139 of 668UDO Changes 26-175-03 Data Center & BESS 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. 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. 14-430-11-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 Page 140 of 668UDO Changes 26-175-03 Data Center & BESS 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. 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, Page 141 of 668UDO Changes 26-175-03 Data Center & BESS 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. 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 Page 142 of 668UDO Changes 26-175-03 Data Center & BESS 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 application 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 including, but not limited to, auxiliary systems, inverters, transformers, and substations. 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, Page 143 of 668UDO Changes 26-175-03 Data Center & BESS 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 from view from any adjacent property, public or private street, trail or park. 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. Page 144 of 668UDO Changes 26-175-03 Data Center & BESS 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. 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. Page 145 of 668UDO Changes 26-175-03 Data Center & BESS 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. 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. Page 146 of 668UDO Changes 26-175-03 Data Center & BESS 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. 2. All decommissioning activities shall be completed within twelve (12) months unless extended by the City for good cause. Page 147 of 668UDO Changes 26-175-03 Data Center & BESS 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 and in accordance with all applicable laws and regulations. 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 BESS 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. Page 148 of 668UDO Changes 26-175-03 Data Center & BESS 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 including an organizational chart that outlines ownership of the Company. 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. 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. Page 149 of 668UDO Changes 26-175-03 Data Center & BESS 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 processing, storage, networking, cloud computing, artificial intelligence, or hosting services, including associated equipment and supporting systems. A Page 150 of 668UDO Changes 26-175-03 Data Center & BESS 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 151 of 668UDO Changes 26-175-03 Data Center & BESS 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 152 of 668UDO Changes 26-175-03 Data Center & BESS 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 153 of 668UDO Changes 26-175-03 Data Center & BESS 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 154 of 668UDO Changes 26-175-03 Data Center & BESS 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 155 of 668UDO Changes 26-175-03 Data Center & BESS Exception. The provisions of this section shall not apply to any small data processing and hosting development that has submitted a building permit application, 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 156 of 668UDO Changes 26-175-03 Data Center & BESS 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. 14‑429‑04‑D. Vacated Building. When a small data processing or hosting facility vacates a principal building, whether the building was originally created through conversion of an existing structure or new construction, the required off‑street parking for that building shall comply with the applicable parking requirements of the Unified Development Ordinance (UDO). 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. Page 157 of 668UDO Changes 26-175-03 Data Center & BESS 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. 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. 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. 14-429-09-D. 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-E. 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 Page 158 of 668UDO Changes 26-175-03 Data Center & BESS 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. 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 application, 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, Page 159 of 668UDO Changes 26-175-03 Data Center & BESS 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 combination of buildings, berms, and plant materials. All required screening shall be installed and maintained in accordance with Section 14-503. Page 160 of 668UDO Changes 26-175-03 Data Center & BESS 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. 14-430-04-C. Vacated Building. When a major data processing or hosting facility vacates a principal building, whether the building was originally created through conversion of an existing structure or new construction, the required off‑street parking for that building shall comply with the applicable parking requirements of the Unified Development Ordinance (UDO). 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 Page 161 of 668UDO Changes 26-175-03 Data Center & BESS 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. 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. For purposes of this section, backup or emergency purposes means operation of a generator when the normal electrical power supply to the facility is interrupted or insufficient to support essential facility operations, or when operation is necessary to address an immediate or imminent threat to the health, safety, or protection of persons, property, or critical equipment. 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 Page 162 of 668UDO Changes 26-175-03 Data Center & BESS 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-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. Page 163 of 668UDO Changes 26-175-03 Data Center & BESS • 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; Page 164 of 668UDO Changes 26-175-03 Data Center & BESS 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. 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. 14-430-11-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 Page 165 of 668UDO Changes 26-175-03 Data Center & BESS 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. 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, Page 166 of 668UDO Changes 26-175-03 Data Center & BESS 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. 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 Page 167 of 668UDO Changes 26-175-03 Data Center & BESS 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 application 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 including, but not limited to, auxiliary systems, inverters, transformers, and substations. 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, Page 168 of 668UDO Changes 26-175-03 Data Center & BESS 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 from view from any adjacent property, public or private street, trail or park. 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. Page 169 of 668UDO Changes 26-175-03 Data Center & BESS 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. 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. Page 170 of 668UDO Changes 26-175-03 Data Center & BESS 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. 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. Page 171 of 668UDO Changes 26-175-03 Data Center & BESS 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. 2. All decommissioning activities shall be completed within twelve (12) months unless extended by the City for good cause. Page 172 of 668UDO Changes 26-175-03 Data Center & BESS 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 and in accordance with all applicable laws and regulations. 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 BESS 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. Page 173 of 668UDO Changes 26-175-03 Data Center & BESS 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 including an organizational chart that outlines ownership of the Company. 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. 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. Page 174 of 668UDO Changes 26-175-03 Data Center & BESS 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 processing, storage, networking, cloud computing, artificial intelligence, or hosting services, including associated equipment and supporting systems. A Page 175 of 668UDO Changes 26-175-03 Data Center & BESS 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 176 of 668UDO Changes 26-175-03 Data Center & BESS 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 177 of 668UDO Changes 26-175-03 Data Center & BESS 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 178 of 668UDO Changes 26-175-03 Data Center & BESS 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 179 of 668 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 $146,931.45 to C1 for continued software, licensing and support for the City's server infrastructure, and to authorize change orders up to ten (10) percent of the authorized amount, to support the Technology Services Deprtment in the Fiscal Year 2026-2027. Recommendations: Council approval is recommended. Background: This purchase provides the required licensing and support of the City's server infrastructure. The City's server infrastructure hosts critical applications for all City departments. Continuing licensing and support is essential for ongoing operations. The contract used for this purchase is Contract #C062518 provided by the Cooperating School Districts of Greater Kansas City. This is a cooperative contract available for use by schools and other public entities in the greater Kansas City Area. 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 are established pursuant to RSMo. 70.220 or generally accepted governmental purchasing practices through competitive bidding processes. Approval of this item shall authorize change orders up to a total of ten (10) percent of the authorized amount for each order, provided appropriations are available. Emergency Justification: Fiscal Impact: Page 180 of 668The fiscal impact on the City totals $161,625, including contingency. Funding for the annual support agreement is included in the FY 26/27 budget, account number 0954220-5225, Internal Service Fund-Technology Services. Council Action: Department / Technology Services / Contact REVIEWERS Jason Newkirk Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. CSDGKC Contract 2. Quote Page 181 of 668 NOTIFICATIONOF COOPERATING SCHOOL DISTRICTS OF GREATER KANSAS CITY IT CONTRACT Rev. June 11, 2026 CONTRACT TITLE: Cooperating School Districts of Greater Kansas City IT Contract # C062518 BUYER INFORMATION: Name Dr. Kenny Southwick Phone 816-753-7275 Email address ksouthwick@csdgkc.org Contract Period Annually Renewable RENEWAL INFORMATION 3/13/2026 through 3/31/2027 After April 1, 2027 ALL PURCHASES MADE UNDER THIS CONTRACT MUST BE FOR PUBLIC SECTOR USE ONLY. PURCHASES FOR PERSONAL USE ARE PROHIBITED. THE USE OF THIS CONTRACT IS FOR SCHOOL DISTRICTS, UNIVERSITIES & ALL PUBLIC SECTOR. CONVERGEONE AND COOPERATING SCHOOL DISTRICTS OF GREATER KANSAS CITY WILL HAVE A YEARLY REVIEW OF THE PRODUCTS AND SERVICES. PRODUCTS AND/OR SERVICES CAN BE ADDED or REMOVED IF BOTH PARTIES AGREE. Instructions for use of this contract, specifications, requirements, and pricing are attached. CONTRACT VENDOR VENDOR INFORMATION COOP NUMBER NUMBER PROCUREMENT C062518 CONVERGEONE CONVERGEONE, INC. Corporate: 10900 Nesbitt Ave South YES Bloomington, MN 55437 Overland Park: 12980 Foster St, Suite 300 Overland Park, KS 66213 Toll Free: 800-473-1110 Fax: 636-686-1010 Page 1 of 9 Page 182 of 668CONVERGEONE CONTACT INFORMATION FOR CONTRACT C062518 Name Title Phone Email Greg Miles Executive Vice President 334-819-1384 gmiles@onec1.com Brian Finzen Sales Director 913-307-2322 bfinzen@onec1.com Rigel Semprum Public Sector Contracts Manager 317-813-5183 TEAM_PSC@OneC1.com 1. General Information: 1.1 CONVERGEONE shall provide products and services, including pre-sales support, installation, engineering, helpdesk/telephone/electronic support, maintenance, and professional services for any educational entity of the Cooperating School Districts of Greater Kansas City (CSDGKC), or other public entity or educational organization, in accordance with the te Cooperating School Districts of Greater Kansas City or any entity purchasing under this procurement contract. 1.2 The acquisition of professional services is intended to support the design, acquisition, and implementation contract. 1.3 Any service work that might require prevailing wage determinations from the Missouri Department of Labor Standards shall not be performed under this contract. 1.4 The Customer reserves the right to lease/purchase equipment under the contract. 1.5 CONVERGEONE shall provide new and unused equipment and accessories (equipment/accessories only certified as new shall not be acceptable) made of first-class materials. Used, remanufactured, or refurbished equipment shall not be acceptable. 1.6 CONVERGEONE must provide all promotional and trade-in pricing to the Customer if applicable. 1.7 The shipping company or Manufacturer shall be responsible for replacing any item received in d a m a g e d condition at no cost to the Customer. This includes all shipping costs for returning non- functional items to CONVERGEONE for replacement. This must be done within a reasonable time, seven to fourteen days, from receiving the product. 1.8 When the Customer places an order for products, installation, training, and maintenance with CONVERGEONE they shall pay the price that is indicated in the contract. 1.9 The Customer may make advance deposits/payment for hardware maintenance and software maintenance (upgrades/new releases/technical support-type agreements) only. 1.10 Administration Fee: 1% on services and .50% on product, this administration fee shall be paid quarterly to COOPERATING SCHOOL DISTRICTS OF GREATER KC, PO Box 12728. 2. Single Point of Contact: 2.1 CONVERGEONE must function as the single point of contact for the Customer, regardless of any subcontract arrangements for all products and services. This shall include assuming responsibility and liabilities for all Page 2 of 9 Page 183 of 668 problems relating to all hardware, software and services provided. 3. Pre-Sales Support: 3.1 CONVERGEONE’s Customer to process an order, including, but not limited to, current and new product information, and product pricing. Once CONVERGEONE has provided enough pre-sales design and engineering support for the Customer to place an order, CONVERGEONE may charge for any additional on-site design and engineering support, if approved by the Customer. The contract must provide pre-sales design and engineering support on-site, by telephone, and by email. 3.2 Telephone and email pre-sales design and engineering support: CONVERGEONE will provide all telephone and email responses to pre-sales design and support requests within a reasonable amount of time after being requested by the Customer. 3.3 On-site pre-sales design and engineering support: It shall be at the Customer’s sole discretion to determine whether on-site pre-sales design and support is necessary. If the Customer determines on- site pre-sales design and engineering support is necessary, CONVERGEONE must notify the Customer before any billable on-site presales support is performed. CONVERGEONE must utilize the firm, fixed professional service rates identified herein for all billable pre-sales support provided. 4. Installation: 4.1 CONVERGEONE may provide installation services for new systems upon request by the Customer. If the equipment is user installable, CONVERGEONE may provide installation assistance (e.g., telephone support), if requested. 5. Training: 5.1 CONVERGEONE does not provide formal training. To the extent that vendors offer training for their technologies and if requested we can provide vendor proposals for training. 6. Warranty: 6.1 CONVERGEONE must provide the available warranties from Manufacturers. Warranties shall commence upon delivery and acceptance at the Customer facility. 7. Delivery 7.1 Customers are responsible for shipping. Shipping and handling are to be included in the pricing provided to the Customer. 7.2 Expedited Shipping: Expedited freight charges are a result of the Customer requesting expedited shipping (e.g., overnight, 2nd day service, etc.). Any such requests shall be in writing from the Customer and will be billed to the Customer. 7.3 Delivery Timeframes: CONVERGEONE must deliver all products within thirty (30) calendar days after the authorized purchase order unless the timeframe specified on the vendor website or as quoted to the Customer by the account management team at the time of order indicates otherwise. 7.4 CONVERGEONE must notify the Educational Entity of a later delivery date should the actual delivery days exceed Page 3 of 9 Page 184 of 668 that which was previously specified. The Customer must authorize the late delivery, cancel the order, or modify the order to reflect an acceptable product substitution. Any such authorizations shall be in writing. a. Damaged Product: The shipping company, Manufacturer or Distributor shall be responsible for replacing any item received in damaged condition at no cost to the Customer. This includes all shipping costs for returning non-functional items to CONVERGEONE for replacement. 8. Account Management: 8.1 CONVERGEONE must provide current product and pricing information to the Customer through an account management team. CONVERGEONE shall assign an account management team to the Customer to ensure adequate oversight and ample support in assisting the Customer's needs. 8.2 Account Management Team: The account management team must consist of knowledgeable sales specialists who are reasonably available in all locations of the Customer where the Customer maintains a presence. 8.3 Product/Pricing Assistance: The account management team must be able to assist the Customer in obtaining product information, availability, pricing, and answering general questions about product compatibility, usability, etc. 8.4 Team Accessibility: The account management team must be accessible by both telephone and email between the hours of 8 a.m. and 5 p.m. Central Time, Monday through Friday, excluding holidays. 9. Pricing: 9.1 Product and Maintenance Pricing: CONVERGEONE shall invoice the Customer for all products provided under the contract based upon a firm, fixed discount off of the contract. Each quotation must include, at a minimum, the following information: □ Date the quote is generated. □ Appropriate Customer information (i.e., Customer number/identifier, address, etc.); □ Product description. □ Requested product quantity. □ Product unit price; and □ Quotation total price. 9.2 Professional Services Pricing: CONVERGEONE shall invoice the Customer for all services provided under the contract in accordance with the pricing in the contract. 9.3 Spot pricing is allowed under this contract. Spot pricing must meet or exceed discounts listed in this contract. 10. Order Processing: 10.1 Order Information: Except as otherwise noted in herein, the Customer shall generate a purchase order based on product quotes obtained from the account management team or through product/pricing information obtained via the contractor's website. The Customer shall specify, at a minimum, the following information: □ Contract number. □ Order number. □ Customer number/identifier (if applicable); □ Customer contact (Educational Entity's name, contact person [two (2) individuals if possible] and phone numbers); □ Contract line item number. Page 4 of 9 Page 185 of 668 □ Quantity. □ Unit price; and □ Any pertinent information relating to the product(s) and/or services requested (including brand/model, options, and any required services). 10.2 Submittal of Order: CONVERGEONE must accept Purchase orders via mail, e-mail, or fax. 10.3 Acknowledgement of Receipt of Order: CONVERGEONE must provide written acknowledgement (email or fax) to the Customer within twenty-four (24) hours of the receipt of authorized purchase order. 10.4 Order Substitutions: CONVERGEONE shall not substitute any item(s)/component(s) ordered by a Customer until the contractor: 1) notifies the Educational Entity in writing (email is acceptable if the designated contact has an email address, and 2) receives written approval from the Customer to proceed with the substitution. 10.5 Substitution Authorization: The Customer reserves the right to accept any proposed substitution offered by CONVERGEONE on the order; however, the Customer shall be final authority as to the acceptability of substitutions and reserves the right to accept or reject any substitution. 10.6 Substitution Approval Form or Change Order Form): CONVERGEONE must provide a form for CUSTOMERs to use to indicate their approval of a product substitution prior to the contractor's shipment of the substituted goods. This approval may be executed via email, fax, or hardcopy mail/delivery. 11. Product and Maintenance Invoicing and Payment: 11.1 Generation of Invoice: CONVERGEONE shall generate an invoice to the ordering Educational Entity which shall be itemized in accordance with the items listed on the purchase order. Terms are Net 30. 12. Lease/Financing Program Requirements: 12.1 The Customer reserves the right to enter into lease/purchase financing agreement(s) as a result of the subsequent contract(s). In the event a using Educational Entity requests financing of their purchase under the contract a mutually agreeable lease schedule shall be entered into between the Customer and the lessor. The Customer shall initiate a contract amendment for every lease exercised under the contract that shall include the specific terms and rates of the lease. CONVERGEONE at a minimum must have the ability to work with Cisco Capital and its financing partners to the benefit of the Customer. The Customer acknowledges that a contract assignment may be necessary as part of any lease exercised under the subsequent contract. 12.2 Should you have any questions about Leasing, please contact CONVERGEONE. 12.3 A purchase order must be submitted to CONVERGEONE by the leasing company and should identify in detail, the items being purchased and leased by the Customer. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] Page 5 of 9 Page 186 of 668 REQUIRED PRICING Hardware/Software/Maintenance/Services Minimum off MSRP percentage off Manufacturers List Price. Shipping and handling are to be included in the pricing Product Minimum off MSRP Levels of MSRP A10 10% off MSRP APC 10% off MSRP AudioCodes 8% off MSRP Arctic Wolf 10% off MSRP Aruba 9% off MSRP Avaya 20% off MSRP Axis 10% off MSRP Checkpoint 15% off MSRP Cisco: Hardware/Software 35% off MSRP Cisco: Services 22% off MSRP Cisco Maintenance 22% for Education/15% for Government Cisco Subscription 15% off MSRP Citrix 9% off MSRP Cloudflare 1% off MSRP Cradlepoint 8% off MSRP Crowdstrike 15% off MSRP Dell Client Hardware 5% off MSRP Dell Storage and Server HW/SW 10% off MSRP Subscription Extreme 10% off MSRP Page 6 of 9 Page 187 of 668 F5 8% off MSRP Fortinet 8% off MSRP Genesys 10% off MSRP HP Client Hardware 5% off MSRP HPE 10% off MSRP Ivanti 10% off MSRP Juniper 20% off MSRP KnowBe4 5% off MSRP Lan Tel Communications Service $180 per hour Lenovo Chromebook Laptaps 5% off MSRP Meraki Hardware 22% off MSRP Microsoft Products 1% off MSRP Mimecast 1% off MSRP Nintex 3% off MSRP Novacoast, Inc. Services $240 per hour Nutanix HW 5% off MSRP Nutanix SW 15% off MSRP Nutanix Support 5% off MSRP Nvidia 2% off MSRP Palo Alto 3% off MSRP Polycom 5% off MSRP Pure Storage 2% off MSRP Page 7 of 9 Page 188 of 668 Rapid7 10% off MSRP Rubrik 10% off MSRP Salient 10% off MSRP Scale Computing 5% off MSRP Silverfort 5% off MSRP Singlewire 15% off MSRP SPLUNK 1.26% off MSRP Trend Micro 5% off MSRP Veeam 3% off MSRP Verkada 10% off MSRP Vertiv/Liebert 10% off MSRP VMWare/Broadcom 1% off MSRP Zoom 1% off MSRP Zscaler 5% off MSRP Page 8 of 9 Page 189 of 668 Hourly Service Rate . Service Dollar Amount Project Management $140.00 System's Engineer $145.00 Senior System's Engineer $175.00 Programmer $225.00 System's Consultant $225.00 Security Consultant $225.00 Cloud Solutions Products and Services: The market continues to evolve around Managed and Cloud services. ConvergeOne offers include Amazon Web Services, Google and Microsoft Azure cloud offers. We also offer ConvergeOne Managed Services and Cloud offers. These are available to CSDGKC members on a customized basis. Also, C1 Intellectual Property will be offered as part of this agreement at a minimum of 7% of MSRP. Security Services Product/Service Dollar Amount Security Consultant $225 /Hour ConvergeOne offers penetration testing and vulnerability assessments, security architecture review, regulatory compliance audits, policy and procedures and mapping with industry standard best practices. Initial design and scoping services are provided at no cost. ConvergeOne, Inc. Cooperating School Districts of Greater Kansas City, Inc. By: George Miller By: Kenneth E. Southwick (Authorized Signature) (Authorized Signature) Printed Name Printed Name Title: Regional Vice President Title: Executive Director Date 06/11/2026 Date Page 9 of 9 Page 190 of 668 Page 10 of 10 Page 191 of 668Page 192 of 668Page 193 of 668Page 194 of 668Page 195 of 668Page 196 of 668Page 197 of 668Page 198 of 668Page 199 of 668Page 200 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize a purchase order and to authorize change orders up to ten (10) percent of the authorized amount to Advanced Utility Systems in the amount of $523,853, for the software upgrade of CIS Infinity V4 to CIS Infinity V5. Recommendations: Council approval is recommended. Background: Utility Customer Service uses Advanced Utility Systems CIS Infinity billing software for the generation of monthly utility bills to commercial and residential customers. Current utility billing software has been in place since May 2018. Approval of this item shall authorize change orders up to a total of ten (10) percent of the authorized amount for each order, provided appropriations are available. Emergency Justification: Fiscal Impact: The fiscal impact to the city is $576,238, including contingency. Funding for the CIS Infinity software is included in the fiscal year 2026-2027 capital budget, page 216, project account number 0217021-5402-202706-C Advanced Utility System-CIS Infinity Upgrade V5, Computer and Software, IPL fund 021 in the amount of $500,000. Balance due for the remainder of the project will be transferred from closed, prior-year capital projects. Council Action: Page 201 of 668 Department / Technology Services / Contact REVIEWERS Jason Newkirk Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Source Justification 2. Quote 3. Affidavit Page 202 of 668 PROCUREMENT SOURCE JUSTIFICATION For Sole Source or Emergency Purchases Above $10,000.00 A sole source is defined as: Only one vendor that possesses the unique and singularly available capability to meet the requirement of the procurement An emergency purchase is defined as: A purchase is necessary to alleviate a situation in which there is a threat to health, welfare, or safety, and/or where time does not allow time for normal procurement procedures. All purchases shall follow the City of Independence Procurement Policy. I REQUEST THAT THE REFERENCED PRUCHASE BE DECLARED A SOLE SOURCE OR EMERGENCY PURCHASE Proposed supplier name and address: Munis Vendor ID #: Or attach Supplier’s W-9 Form Purchase Requisition #: Estimated Cost: $ If this is a sole source purchase, check all that apply: ☐ Licensed or patented – supplier has a license or patent that makes them the Limited provider. ☐ One-of-a-kind – there are no competitive alternatives available on the market ☐ Limited Distributor – Supplier is the limited distributor for the region or municipality ☐ Compatibility – must match existing brand or equipment for compatibility ☐ Warranty / Replacement part - for a specificbrand or factory authorized warranty service ☐ Grant – Requirements for specific goods / services established in the grant language. Attach grant for support ☐ Unique design – must meet physical design or quality standards. ☐ Public Utility Services – Necessary adjustment of utility facilities ☐ Other - ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ If this is an emergency purchase, check all that apply and give a brief description of the situation: Response to a threat to health, welfare or ☐ Public safety ☐ Protection of preservation of public property ☐ Major project’s timeline does not allow for normal procedures in order to be completed Description - _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ STATEMENT OF NEED AND CERTIFICATION: My department’s recommendation for this expenditure is based upon an objective review of the product / service required and appears to be in the best interest of the City of Independence. I know of no conflict of interest with this request. No gratuities, favors, or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials, or firms been a deciding influence on my request to source this purchase when there are other known suppliers to exist. By submitting this form to Munis, I hereby certify that this justification for procurement is accurate and complete to the best of my knowledge and belief. Department Head Authorization Name: Department: Signature: Title: City Manager Authorization (Emergency Purchases Only) Signature: Date: Page 203 of 668 City of Independence, MO Statement of Work: CIS Infinity v4 to v5 upgrade and Infinity BI On-Premise Created: February 11, 2026 Valid Until: October 11, 2026 Advanced Utility Systems 8133 Warden Ave, Floor 7, Markham, Ontario, Canada L6G 1B3 Page 204 of 668 Table of Contents Introduction ................................................................................................................................... 4 Independence Points of Contact ................................................................................................... 6 Project Scope .................................................................................................................................. 8 Software ....................................................................................................................................... 8 Services ........................................................................................................................................ 8 Definitions..................................................................................................................................... 10 Roles and Responsibilities ........................................................................................................... 12 Advanced’s Responsibilities ...................................................................................................... 12 Independence’s Responsibilities ................................................................................................ 13 Constraints and Assumptions ..................................................................................................... 14 Task 1 – Project Management .................................................................................................... 17 Subtask 1.1 – Project Planning ................................................................................................... 17 Subtask 1.2 Change Control Process ........................................................................ 17 Subtask 1.3 – Status Reports ...................................................................................................... 18 Subtask 1.4 – Quarterly Sponsor Review................................................................................... 18 Task 2 – Implementation Approach .......................................................................................... 19 Subtask 2.1 – Phase 1 – Project Initiation .................................................................................. 19 Subtask 2.2 – Phase 2 – Solution Overviews ............................................................................. 20 Subtask 2.2.1 – CIS Infinity Solution Overview Workshop ................................. 20 Subtask 2.2.2 – Cityworks Integration Discovery Session .................................................... 21 Subtask 2.3 – Phase 3 – Data Integrity Check/Clean Up, Initial Data/Configuration Extraction and Load ..................................................................................................................................... 23 Subtask 2.4 – Phase 4 – Core Team Training ............................................................................ 24 Subtask 2.5 – Phase 6 – Software Testing ................................................................................. 24 Subtask 2.5.1 - Functional Testing ............................................................................. 25 Subtask 2.5.2 - Integration Testing Cycle (ITC) ..................................................... 26 Subtask 2.5.3 - User Acceptance Testing (UAT) .................................................... 27 Subtask 2.6 – Phase 7 – End User Training ............................................................................... 28 Subtask 2.7 – Phase 8 – Cut-over Plan Go/No Go Criteria........................................................ 29 Subtask 2.8 – Phase 9 – Transition to Live ............................................................................... 30 Subtask 2.9 – Phase 10 – Post Go Live ...................................................................................... 31 Schedule 1 – Fees and Payments ................................................................................................ 33 Pricing Assumptions...................................................................................................... 34 Payment Milestones ...................................................................................................... 35 Termination .................................................................................................................................. 36 Approvals ..................................................................................................................................... 37 Appendix A – Technical Specifications ..................................................................................... 38 Advanced CIS Infinity V5.......................................................................................................... 38 Required Operating System & Programs for CIS Infinity (V5) ......................... 39 Appendix B – Audit Report ........................................................................................................ 41 Bookmarks (61) .......................................................................................................................... 41 Actions (4)↑ ................................................................................................................................ 42 Page 2 of 49 PRIVATE & CONFIDENTIAL Page 205 of 668 Export Definitions (32)↑ ............................................................................................................ 42 Import Definitions (23)↑ ............................................................................................................ 43 Letter Templates (71)↑ ............................................................................................................... 44 Appendix C – Table of Responsibilities (Deliverables) ............................................................ 47 Page 3 of 49 PRIVATE & CONFIDENTIAL Page 206 of 668 Introduction THIS STATEMENT OF WORK (the “SOW”) made as of the ______ day of _______________, _______ (the “Effective Date”). BETWEEN: N. HARRIS COMPUTER CORPORATION (through its Advanced Utility Systems division) (“Harris”) - and - City of Independence, MO (“Organization”) The project is defined as the upgrade of CIS Infinity by Advanced Utility Systems (“Advanced”) for City of Independence, MO (“Independence”) current CIS Infinity Version 4 (“v4”) instance will be upgraded and migrated to CIS Infinity Version 5 (“v5”) delivered via an on-premise platform and will replace the current on-premise version of CIS Infinity V4, Advanced’s comprehensive customer information and utility billing software. Additionally, optional value- added software solutions, including Infinity BI, will be deployed as a part of the scope of this project. This SOW also includes the implementation of an integration between CIS Infinity and Cityworks to support the synchronization of Service Order data. The integration scope is limited to the exchange of Service Order information between the two systems and will be implemented using [batch file exchange / available APIs] based on the capabilities of the Cityworks platform. Any additional data objects, real-time processing requirements, or expansion of integration scope beyond Service Orders are out of scope unless explicitly defined and agreed upon through a change order. Data flow direction (unidirectional or bidirectional) will be confirmed during design based on system capabilities. Advanced’s responsibilities are limited to configuration and support of integration points within CIS Infinity. Independence is responsible for providing access to Cityworks interfaces, required technical documentation, and any development or configuration required on the Cityworks side. Page 4 of 49 PRIVATE & CONFIDENTIAL Page 207 of 668 All integration assumptions are dependent on the availability of supported interfaces within Cityworks. This document describes the Scope of Work (“SOW”) to be delivered by Advanced, as well as defines the principal activities and deliverables of both Advanced and Independence for this project. The project, as outlined in this Scope of Work (“SOW”), encompasses all aspects of Independence’s CIS Infinity upgrade and migration, including but not limited to project management, data migration, configuration, including interfaces, and training. Page 5 of 49 PRIVATE & CONFIDENTIAL Page 208 of 668 Independence Points of Contact Primary Point of Contact (POC) Name Denise Clark Title Customer Service Manager Organization City of Independence Address 20201 East Jackson Drive, Independence, MO 64057 Phone (816) 325-7696 Email dclark@indepmo.org Website www.indepmo.org Additional Contact Name Ken Booth Title Systems Administrator II Organization City of Independence Address 20201 East Jackson Drive, Independence, MO 64057 Phone (816) 325-7871 Email kbooth@indepmo.org Website www.indepmo.org Accounts Payable Contact Name Denise Clark Title Customer Service Manager Organization City of Independence Address 20201 East Jackson Drive, Independence, MO 64057 Phone (816) 325-7696 Email dclark@indepmo.org Website www.indepmo.org Page 6 of 49 PRIVATE & CONFIDENTIAL Page 209 of 668 Advanced Points of Contact Primary Point of Contact (POC) Name Pav Sekhon Title Director of Sales Organization Advanced Utility Systems Address 8133 Warden Avenue, Fl 7 Markham ON L6G 0B5 Phone (778) 378-7018 Email psekhon@advancedutility.com Website www.indepmo.org Page 7 of 49 PRIVATE & CONFIDENTIAL Page 210 of 668 Project Scope Advanced and Independence agree to cooperatively manage the cost, schedule, and scope of the project. The project scope is limited to the tasks and deliverables identified in this SOW. Items not included in this SOW and its appendices are to be considered out of scope. Advanced will provide the following software and services regarding the CIS Infinity to Independence: Software • Advanced CIS Infinity Version 5 • InfinityBI • Advanced CIS Infinity integration with CityWorks Services 1. Project Management: a. Advanced will oversee the project's success by creating schedules, allocating resources, managing risks, monitoring progress, and maintaining clear communication with stakeholders to ensure alignment and timely delivery. 2. Workshop Session: a. Advanced and Independence will perform a Workshop Session to confirm and clarify CIS Infinity V4 software configuration and integrations identified during the system audit. 3. Perform initial load of the extracted production data into CIS Infinity Version 5 test system (Test System). 4. Software installation deployed within Independence’s on-premise environment(s). Perform initial load of the extracted production data into CIS Infinity Version 5 to-be production system (Test System) as part of cutover activities. 5. Implementation and configuration of software: a. Advanced will perform the implementation and configuration of the software, administering the necessary configurations to meet Page 8 of 49 PRIVATE & CONFIDENTIAL Page 211 of 668 the specific requirements of the project and ensuring it operates as designed. Software configurations are changes to the software that do not require source code, scripting, or structural data model changes. 6. Technical support and ticket resolution: a. Advanced will provide testing support and ticket resolution through TeamSupport, using the system to log tickets, track progress, and provide updates to ensure timely issue resolution in accordance with SLAs. 7. Training: a. Related to remote web-based Core Team system overview of new features and navigation of CIS Infinity V5. b. Related to remote web-based End User Training on new features and navigation of CIS Infinity V5. c. Onsite delivery of this training is optional and available upon request at additional cost. 8. Go-Live and post-Go-Live support: o Advanced will manage the Go-Live process and provide post-Go- Live support to ensure a smooth transition to the new system and address any issues that arise during the initial operational phase. 9. Integration Services for Cityworks: a. Advanced will configure integration points within CIS Infinity to support the exchange of Service Order data with Cityworks, based on the agreed integration approach. b. The integration will be limited to the data exchange scenarios defined during the design phase and documented in the approved integration specification. c. Implementation will be based on available interfaces (e.g., file-based exchange or APIs) supported by the Cityworks platform. d. Advanced will not be responsible for development, configuration, or support of Cityworks components, middleware, or third-party systems. e. Any additional workflows, automation scenarios, or expansion beyond the agreed Service Order exchange scope will require a separate change order. Page 9 of 49 PRIVATE & CONFIDENTIAL Page 212 of 668 Definitions # Name Definition Baseline A cross selection of account types and services that are 1 Accounts used for testing purposes the CIS Infinity solution. Business Requirements Document created by Advanced that defines the requirements for software 2 BRD modification(s) and non-configurable interfaces required by Independence. 3 CIS Customer Information and Billing System. The Advanced Customer Information and Billing 4 CIS Infinity System. All Advanced licensed software (CIS Infinity) and related 5 CIS Solution implementation services. Configuration areas of the system that are the Independence responsibility of the Independence (including but not 6 Owned Control limited to service orders, actions, letters, security, Forms admin). Changes to the software that does not require source 7 Configuration code, scripting, or structural data model changes. Instructor led training delivered remotely by Advanced Core Team 8 to the identified Project Team members of Training Independence on the generic CIS Solution. A code or configuration defect that makes a component of the CIS Solution unusable or inoperable. This error is a loss of the capability of the CIS Solution to perform an important business function. 9 Defect - High High defects include: (i) loss of the capability of the CIS Solution to perform an important business function; (ii) a workaround does not exist, and testing this function cannot be performed until the problem has been corrected. A code or configuration defect that significantly limits the CIS Solution's ability to conform to the documentation. This limitation stops the user from Defect - 10 performing the normal use of the CIS Solution; however, Medium a mutually agreed upon workaround does exist. Testing can continue a module of the CIS Solution with a workaround. A code or configuration defect that limits the capability 11 Defect - Low of the CIS Solution but is cosmetic or minor in nature. There is a practical workaround, or the defect does not Page 10 of 49 PRIVATE & CONFIDENTIAL Page 213 of 668 impact Independence’s operation of the CIS Solution in any significant respect. Instructor led (remotely) of the CIS Solution delivered by End User Advanced in coordination with the Independence Core 12 Training Team to Independence employee base utilizing specific areas of the system. A change to the code base or a structural data model 13 Modification change. Independence’s current customer information and 14 CIS Infinity V4 billing system to be replaced by CIS Infinity V5. Page 11 of 49 PRIVATE & CONFIDENTIAL Page 214 of 668 Roles and Responsibilities The roles and responsibilities are summarized below and further detailed by task and subtask in Appendix B – Table of Responsibilities (Deliverables). Advanced’s Responsibilities 1. Advanced will maintain project communications with Independence’s Project Manager. 2. Advanced will manage the efforts of the Advanced staff and coordinate Advanced activities with Independence’s Project Manager. 3. Advanced will conduct regular (e.g., weekly or as required) telephone status report conversations with Independence’s Project Manager. 4. Advanced will participate in weekly reviews with Independence’s project team. Participation can be waived by mutual agreement. 5. Advanced will respond within one business day to critical issues raised by Independence’s Project Manager. 6. Advanced will prepare and submit a status report that includes the accomplishments of the previous month, activities planned for the current month, and an update to the Project Schedule in Smartsheet format, as well as an update to the action item list. 7. Advanced will prepare and submit project change proposals to Independence’s Project Manager as necessary. 8. Advanced will resolve deviations from the Project Schedule. 9. Advanced will monitor the project to ensure support resources are available as scheduled. 10. Advanced will coordinate and oversee the installation of all Advanced licensed software. 11. Advanced will install all Advanced licensed software in one (1) production and one (1) test instance on Independence’s supplied hardware and will support the production environment throughout the implementation and both environments after implementation and go live. 12. Advanced will monitor and support all testing phases, i.e., functional, integrated, and User Acceptance Testing. Application consultants will be available to consult and review open tickets and resolve software issue. Page 12 of 49 PRIVATE & CONFIDENTIAL Page 215 of 668 Independence’s Responsibilities 1. Independence will provide the information required to configure and convert data into the CIS Solution. 2. Independence will establish a Project Team that is representative of the operational areas that will be affected by this project. 3. Independence will designate a Project Manager who will manage the efforts of the Independence Team and/or staff and coordinate activities with the Advanced’s Project Manager. 4. Independence’s Project Manager must ensure that Independence’s personnel have the time, resources, and expertise to carry out their respective tasks and responsibilities. 5. Independence’s Project Manager or designee will participate in the scheduled (e.g., weekly or as required) status meetings with the Advanced’s Project Manager. 6. Independence will review current business practices and consider and/or adopt new business practices as needed. 7. Independence will provide responses within one business day to critical issues raised by the Advanced’s Project Manager. 8. If this project requires onsite presence, Independence will make available meeting spaces as required for project meetings. Meeting spaces should be equipped with a whiteboard and markers, flip chart, LCD projector, conference phone, and internet connection. 9. Independence will provide, provision, and deploy the infrastructure required to deploy 1 Test Instance and 1 Production Instance of CIS Infinity 5 (and its dependent components) that meets or exceeds the provided technical specifications. 10. Independence will equip its users of CIS version 5 with client workstations and software that meet or exceed the provided technical specifications. 11. Independence will ensure mutually agreed upon Change Orders are approved and processed in accordance with the Change Order Procedure. 12. Independence Staff will attend scheduled training sessions. 13. Independence will perform testing as required, including functional testing, integration testing, and user acceptance testing, and will provide the documented test cases and results to Advanced utilizing the Advanced Testing Tool (Smartsheet). 14. Independence will perform manual cutover tasks identified in the data conversion and the cutover plan. 15. With support from Advanced, Independence will be responsible for creating, configuring, and testing all Independence Owned Control Forms (including but not limited to service orders, actions, letters, security, and admin). Advanced will provide training on the same. Page 13 of 49 PRIVATE & CONFIDENTIAL Page 216 of 668 Constraints and Assumptions 1. All prices are quoted in US dollars. 2. The Fixed Cost will be firm for the services identified herein through the project’s duration of eight (8) to ten (10) months and two (2) weeks of post-implementation support. If circumstances occur that result in delays to the project, extensions will be reviewed and managed via the Change Control Process. 3. Independence’s project will be performed on the latest production build. Independence may wish to upgrade its production environment before the beginning of this project. Release management should be reviewed with Advanced’s Client Support Team. Independence recognizes that this is a project and not normal daily operations. All team members may not be accustomed to the demands of a project and will have to readily adjust to the needs of meeting deadlines and multi-tasking for this project to be successful. 4. Staffing issues will be resolved between Independence and the Advanced Project Managers. Both parties will make every reasonable effort to maintain stable project staffing for the life of the project and minimize disruption to the project. 5. Independence will strive to make a reasonable effort to minimize the impact of competing initiatives within the organization that may have a negative impact on the project. If this cannot occur: a. Independence will define an escalation path that defines who can resolve resource allocation conflicts, determine the priority of the conflicting work, and communicate with the affected parties, including the Project Managers of both projects. b. Advanced will make commercially reasonable efforts to work around any conflicting priorities. Depending on the length of time the resource is not available and the task the conflict occurs on, this could result in a delay in the project schedule. If these delays result in extended project timelines, a Change Order will be issued to outline the impacts on schedule and cost. c. Impacts and/or changes to project resources by either party are the responsibility of that same party to replace and provide knowledge transfer that will mitigate the risk of resource loss. 6. Prompt decision-making and problem resolution will be required to achieve an on-time, on-budget project completion. It is expected most decisions and/or problems will be resolved within three (3) business days (or to a mutually agreed time). Reasonable efforts will be made to meet the requirements. 7. Independence will empower Independence’s project team members to make decisions related to configuration and business processes. For some key decisions, the Independence team may be required to elevate the decision process to the executive team. Will work to minimize the escalation of decisions to keep the decision process as streamlined and timely as possible. 8. Independence and Advanced will ensure their respective Project Team members are available for meetings, workshops, discussions, and conference calls upon request by either organization with reasonable notice. All Project Team members will respond to Page 14 of 49 PRIVATE & CONFIDENTIAL Page 217 of 668 information requests by either organization within (3) Business Days unless otherwise agreed to minimize delays in the project. 9. Both parties agree to work a reasonable number of additional hours (when required) to help complete project deliverables and project timelines as agreed upon by both Project Managers. 10. All Independence and Advanced Project Team members are expected to take normal vacation and holiday days throughout the project except during stages of the project where their presence is critical. 11. Independence is willing to consider and implement, when mutually acceptable, Advanced’ “Best Practices” to minimize the need for software modifications to the extent these practices meet the CIS Solution Requirements. 12. Advanced’s implementation team will recommend configurations and processes based on its industry experience and knowledge of the Advanced solution. Independence is willing to consider and implement, when mutually acceptable, Advanced’ “Best Practices” to minimize the need for software modifications to the extent these practices meet the CIS Solution Requirements. This may not always be possible, but Independence will approach each opportunity from this perspective. If Independence rejects any of Advanced’s Best Practices recommendations, Independence will be required to sign an acknowledgment of such a decision. This document will describe Advanced’s concerns about Independence’s requested functionality and Independence’s acceptance that a subsequent reversal or modification of such functionality shall be considered an increase in project scope at the agreed-upon hourly rate. Furthermore, this document shall describe any impact on Advanced’s ability to provide ongoing support, including any impacts on the annual software subscription fee. 13. When onsite Advanced agrees to work within standard business hours whenever possible with the understanding that travel days may impact onsite days. Additionally, it is important to note that there may be times in the project where key staff may be required to work extra hours or hours outside of standard business hours. For example, cutover is typically done over the weekend. 14. Advanced will provide standard test cases based on standard product functionality. Independence is responsible for creating and executing any additional or custom test cases (as required). 15. Independence and Advanced will each assign a Project Manager to lead and guide their respective teams throughout this engagement. 16. Independence and Advanced will each secure the appropriate staff from their teams in a timely fashion to discuss or review the various materials produced when required. 17. Independence and Advanced agree to facilitate any required corporate coordination for the fulfillment of this agreement. 18. Independence and Advanced will provide access and support from their respective IT Groups and any other stakeholders, as deemed necessary by Independence and Advanced throughout this engagement. 19. Independence will provide the appropriate remote access to its network, facilities, and systems as may be required to perform activities from one of Advanced’s locations. Page 15 of 49 PRIVATE & CONFIDENTIAL Page 218 of 668 Advanced shall abide by all rules and directions of Independence when accessing networks, facilities, or systems. Please note that multiple concurrent Advanced users must be allowed timely access to relevant client servers. 20. Independence must have an on-premise environment(s) provisioned according to the software-specific technical specifications outlined in “Appendix A – Technical Specifications” within the scope of this project before the start of the project. 21. Advanced will work with Independence and all third-party vendors referenced in Task 2 to ensure a successful project. However, Independence will secure, as required and in a timely fashion, the assistance and cooperation of third-party vendors to ensure a successful project. A change order may be created if the third-party vendor is unavailable or non-cooperative and, as such, results in an impact on the schedule or effort. 22. CityWorks Integration: a. Full administrative access to both the CIS Infinity and Cityworks testing environments, databases, and REST APIs will be provided by the respective system administrators. b. Designated third-party vendors will cooperate and provide necessary support to ensure system-wide compatibility. c. Technical configuration will not begin until the CIS Cityworks Interface Data Mapping and Business Requirement Document (BRD) are fully signed off by all internal stakeholders. d. Client subject matter experts will be available for all scheduled Discovery Meetings to clarify underlying business logic and workflow rules. e. Any limitations in Cityworks functionality, API availability, or third-party vendor responsiveness may impact the integration scope, timeline, and level of effort. Such impacts will be addressed through the Change Control process. Page 16 of 49 PRIVATE & CONFIDENTIAL Page 219 of 668 Task 1 – Project Management Project management occurs throughout the project. Advanced will have primary responsibility for the successful completion of this project as defined in the Scope of Work, including the management of all Advanced resources and tasks. Advanced will be responsible for conducting project-related administrative activities, including the development and updates, as required, to the project schedule. The Advanced Project Manager (PM) will provide oversight and guidance to Advanced staff to ensure the successful completion of Advanced-led/assigned activities and related project tasks. Similarly, the Independence PM will provide oversight and guidance to Independence staff to ensure the successful completion of Independence-led/assigned activities and related project tasks. Subtask 1.1 – Project Planning Advanced and Independence will partner together for successful project execution. Project Initiation will involve all members of the Advanced and Independence project team. Before the remote Project Kickoff meeting, Advanced and Independence will assemble their respective teams who will review this SOW in preparation for the Project Kickoff meeting. It is also highly recommended that Independence reviews the CIS Infinity upgrade documentation before the Project Kickoff meeting. The Project Schedule for Independence identifies the activities, deliverables, and resources required for the successful upgrade of CIS Infinity. The Advanced PM and the Independence PM will review the Project Schedule and internal project dates that may affect project milestones (for example, third-party delivery dates). Independence is responsible for managing the timelines and deliverables of any third-party vendor to ensure they meet the requirements of the approved Project Schedule. The Advanced PM and the Independence PM will finalize the project schedule within 2 weeks of the Project Kickoff meeting. Any significant changes to the project timeline during the project are to be communicated and reviewed by the Project Sponsors of Independence and Advanced. Significant changes affecting the overall scope of the project may necessitate the use of a Scope of Work Amendment process. (See Change Control). Subtask 1.2 Change Control Process Advanced will coordinate a joint effort with Independence to document a Change Control process to manage project scope. The Change Control process Page 17 of 49 PRIVATE & CONFIDENTIAL Page 220 of 668 will identify how changes are initiated, and their impact on the project will be identified, documented, and communicated to Independence. Appropriate sign-off channels will be developed for Change Order approval. Subtask 1.3 – Status Reports Status reporting provides a mechanism for monitoring and controlling the project’s progress. Advanced will use various methods to communicate regularly with Independence, including status reports and status meetings. Additional project communications will be performed via E-mail and telephone on an as-needed basis. Advanced’s Project Manager will attend status meetings with Independence Project Manager either in person or via telephone conference call to focus on project status/progress, issues that could impact the project schedule, technical or operational issues affecting the project, and risk assessment. These meetings shall occur weekly. Advanced will provide a weekly status report documenting work in progress compared to schedule, issues, actions, risks, and budget. Advanced will also provide a monthly summary of project progress, including significant risks and issues resolved and significant risks and issues raised. Subtask 1.3 • Weekly Status Meeting and Report, Deliverables • Monthly Project Progress Summary. Subtask 1.4 – Quarterly Sponsor Review Advanced will prepare a Quarterly Sponsor Review to be attended by project management and project sponsor staff from both Independence and Advanced. The quarterly sponsor review meeting will review progress to date and future actions and will validate, quarterly, that the Go Live date is still achievable for both parties. The dates for these meetings will be determined jointly by the Independence and the Advanced PM. Subtask 1.4 Deliverables • Quarterly Sponsor Review. Page 18 of 49 PRIVATE & CONFIDENTIAL Page 221 of 668 Task 2 – Implementation Approach This task covers the implementation approach Advanced will take to upgrade and migrate Independence’s CIS Solution. Advanced will implement a phased approach as described herein. Configuration and implementation of the Cityworks integration will only commence following formal approval of the Business Requirements Document (BRD) by Independence. Subtask 2.1 – Phase 1 – Project Initiation The Advanced PM will work with the Independence Project Manager and staff to organize project information for the preparation of the Project Schedule (see Task 1). The Advanced PM will organize and present all the information required to start the project and will, at a minimum, address the following areas: • Project Schedule, • Software Provisioning of the CIS Infinity V5 test instance in the on-premise environment, • CIS Infinity V5 will use the current version of the application for the upgrade project. • Training Course Syllabus for Core Team, and End User Training for updated web-based UI, • Issues Tracking Tool set-up and overview, • Access to CIS Infinity Entity Relationship Diagram and Data Dictionary, • Validate Project Stakeholder List contains all users that need access to the Issues Tracking Tool, • The Advanced PM will oversee the daily activities of the project and work in conjunction with the Independence’s Project Manager and staff to ensure effective management of Independence staff resourcing, planning initiatives, and day-to-day project deliveries. Subtask 2.1 • Project Kickoff Meeting, • Initial Project Schedule, Deliverables • Training Course Agenda, • Issues Tracking Tool Overview, • Project Team Contact List. Actions Owners Advanced and ✓ Contracts signed, Independence Entry Criteria ✓ Transition discussion from Sales to Advanced and Professional Services, Independence Advanced and ✓ Project Team identified. Independence Page 19 of 49 PRIVATE & CONFIDENTIAL Page 222 of 668 Actions Owners ✓ Environments provisioned and signed off, Independence ✓ 3.1 Deliverables completed, Advanced Exit Criteria ✓ CIS Infinity test instance provisioned and Independence accessible by Advanced, ✓ Permit network access between CIS Infinity test instance and on-premise solutions (I.e., Independence legacy systems, printers, email services, etc.). Subtask 2.2 – Phase 2 – Solution Overviews Advanced will review the proposed solution(s) in the Solution Overview phase led by Advanced or a partner and broken out into workshops. Subtask 2.2.1 – CIS Infinity Solution Overview Workshop Advanced will conduct the CIS Infinity Solution Overview Workshops. These workshops will review and confirm all required information for the areas listed below. Advanced and Independence will identify the necessary Independence staff needed to attend these workshops two to four weeks in advance. Advanced will deliver a Solution Overview Document that will address the following areas: 1. Bookmarks Review all non-system bookmarks listed in the audit report in Appendix B for compatibility with CIS Infinity V5 Address bookmarks that rely on unsupported libraries and will require adjustments. 2. Form Layouts Review of all view and data entry layouts listed in the audit report in Appendix B. 3. Document Templates CIS Infinity supports real-time letter editing via Letter Management and Account View, requiring documents in HTML format. Advanced will review the letter creation process in CIS Infinity V5. If modifications are needed in the Data Entry Form, DOCX files must be converted to HTML. Independence’s letters identified in the audit report available in Appendix B will undergo a conversion process from DOCX to HTML Page 20 of 49 PRIVATE & CONFIDENTIAL Page 223 of 668 4. Actions Advanced will review actions identified in the audit report in Appendix B, to ensure scripts embedded in these actions are compatible with CIS Infinity V5. 5. AIM (Import and Export) Advanced will review AIM Import and Export interfaces identified in the audit report available in Appendix B, to ensure scripts embedded in these interfaces are compatible with CIS Infinity V5. 6. Printing Advanced will review Independence’s printing needs. Subtask 2.2.1 • CIS Infinity Solution Overview Workshop, Deliverables • CIS Infinity Solution Overview Document. Actions Owners Entry Criteria ✓ CIS Infinity Solution Overview Agenda delivered. Advanced Actions Owners ✓ Independence Core Team and/or SME’s attendance Independence at Workshop. ✓ CIS Infinity Solution Overview Workshops Advanced Exit Criteria conducted. ✓ CIS Infinity Solution Overview Document delivered. Advanced ✓ Review and edit/Sign Off of the CIS Infinity Solution Overview Document 10 days from receipt of each Independence iterative version. Subtask 2.2.2 – Cityworks Integration Discovery Session Subtask 2.2.2 – Cityworks Integration Discovery Session Advanced will conduct dedicated Cityworks Integration Discovery Session(s) to define and validate the integration scope between CIS Infinity and Cityworks. The purpose of these sessions is to: • Identify and confirm the Service Order integration touchpoints between CIS Infinity and Cityworks • Review and define data elements to be exchanged between the two systems • Validate integration approach options (e.g., file-based exchange or API- based integration) based on the capabilities of the Cityworks platform • Align on high-level process flows and system responsibilities Page 21 of 49 PRIVATE & CONFIDENTIAL Page 224 of 668 Following the completion of the Discovery Session(s), Advanced will produce a Business Requirements Document (BRD) that documents: • Agreed integration scope • Defined data mappings • Integration approach and assumptions • Confirmed integration scenarios The BRD must be reviewed and formally approved by Independence prior to the commencement of any implementation activities. Any changes to the integration scope, data mappings, or processing logic after BRD approval will be subject to the Change Control process. Subtask 2.2.2 • Cityworks Integration Discovery Session. Deliverables • Cityworks Integration Business Requirements Document Actions Owners ✓ Identification of key stakeholders, including Independence SMEs and any third-party Cityworks/vendor representatives ✓ Availability of SMEs with knowledge of current Service Order workflows in CIS Infinity and Cityworks ✓ Provision of relevant documentation, Entry Criteria including current process flows, Independence existing interfaces (if any), and available Cityworks integration capabilities (e.g., APIs or file-based interfaces) ✓ Confirmation of Cityworks environment details (version, modules, and integration capabilities) ✓ Availability of sample Service Order / Work Order data for mapping discussions Actions Owners Integration scope and Service Order data Advanced & Exit Criteria exchange scenarios defined Independence Integration approach (e.g., API or file-based) Advanced & reviewed and confirmed Independence Page 22 of 49 PRIVATE & CONFIDENTIAL Page 225 of 668 Data mappings between CIS Infinity and Advanced Cityworks documented Business Requirements Document (BRD) Advanced delivered BRD reviewed and formally approved Independence Subtask 2.3 – Phase 3 – Data Integrity Check/Clean Up, Initial Data/Configuration Extraction and Load It is recommended that Independence performs a backup of the production CIS Infinity V4 system. Following is the sequence of steps to initiate, execute, and validate CIS Infinity’s initial upgrade data extraction and load: Subtask 3.3 Actions Owners ✓ Backup data from the production CIS Infinity V4 system. Independence ✓ Extract the data from the current production environment and load all extracted database records into the target system. This process Advanced and will ensure proper data type migrations and casts, maintenance of Independence all encrypted data elements, and user-defined fields. ✓ Generate a validation report to demonstrate that all data has been properly transferred between the staging environment and the Advanced target system. Advanced and ✓ Review the validation report. Independence Before the completion of the initial upgrade data extraction and load, Independence will select a group of Baseline Accounts. Baseline Accounts provide Independence’s staff with a point of reference when completing testing. The Baseline Accounts represent a cross-section of account types and include accounts managed differently than “normal” accounts. For example, a sample of an account for each rate code, an account with automatic withdrawal, accounts with multiple meters, and accounts with compound meters are all examples of accounts that should be included in Independence’s Baseline Accounts, as applicable. Subtask 3.3.1 • Advanced deliver Data Validation Report which validates conversion Deliverables accuracy between V4 and V5, Page 23 of 49 PRIVATE & CONFIDENTIAL Page 226 of 668 • Advanced Review and deliver initial V5 data conversion load with Independence, • Independence Review and approve the Data Validation Report, • Independence Run reports are currently used by balancing system in V4 and V5 to confirm versions are in balance, • Independence Identify Baseline Accounts for testing, • Independence Create test scripts and share them with Advanced, Subtask 2.4 – Phase 4 – Core Team Training Core Team Training will be provided remote when provisioning of the CIS Infinity test instance system provisioning is complete. Our remote training is designed to train existing users on the new user interface (UI) and changes in key functional areas within CIS Infinity. Core Team training assumes users have access to a browser with sound, are able to join MS Teams, and are familiar with CIS Infinity V4 and Independence’s business processes. Introductory or basic training to users unfamiliar with CIS Infinity V4 functionality and processes is not in scope. . Subtask 3.4 • Provide live remote CIS Infinity demo/walkthrough and Q&A Deliverables session via MS Teams. Actions Owners ✓ .Access provided to self-serve Learning Entry Independence Criteria Management System ✓ CIS Infinity test instance provisioned. Advanced Actions Owners • Live remote CIS Infinity demo/walkthrough Advanced Exit Criteria delivered. • 90% Attendance rate from the Core Team at all Independence sessions. Subtask 2.5 – Phase 6 – Software Testing Advanced will support all software testing through remote support and video conferencing online support. Validated testing criteria will be used to determine if the testing phase is complete and the system is ready for the next cycle of testing. The Advanced PM will provide Independence with generic test scripts. Modification of test scripts to match Independence’s specific business scenarios is the responsibility of Independence. From the test scripts, Page 24 of 49 PRIVATE & CONFIDENTIAL Page 227 of 668 Independence will create an ITC Plan (Integration Testing Cycle), and User Acceptance Test (UAT) Plan. At the start of each cycle, Advanced will re-load the data migrated during subtask 2.3/phase 3. Deficiencies found during the Software Testing Phase will be entered into the Issues Tracking Tool for the correction of configuration, data conversion, and/or system deficiencies. Deficiencies will be entered into the Issues Tracking Tool by Independence. The Issues Tracking Tool maintains a history of analysis and problem resolution. The Issues Tracking Tool will be managed and maintained by the Advanced PM and will be reviewed with both Advanced and Independence staff to ensure the issues are being actively worked on and tested. The Advanced PM will be proactive in the resolution of items logged in the Issues Tracking Tool so that they will be resolved promptly. The Advanced PM or designate will document to the Independence Project Manager (in detail) the issue or defect, the resolution, or the workaround alternative, if applicable. Independence will provide Advanced with evidence through Test Cases utilizing the Advanced Testing Tool (Smartsheet) and various other methods of testing documentation that testing is being done and progressing through the test phases. The software testing phase is divided into the following test cycles: Subtask 2.5.1 - Functional Testing Functional testing will utilize the baseline accounts to exercise full-scale testing of the system to confirm core business functions such as Billing, Cash, New Services, Daily Processes, Collection, and Meter/Equipment are working as expected. Saved searches and filters, bill print(s), notices, standard and custom reports, and scheduler will also be tested during this phase. Individual accounts will be reviewed, and Independence will run through a meter-to-cash process, including any interfaces. Subtask 3.6.1 Actions Owners ✓ Provide ongoing issue resolution. Advanced Deliverables ✓ Provide Q&A sessions as needed. Advanced ✓ Execute test scripts, document results, and Independence enter defects in Team Support. Page 25 of 49 PRIVATE & CONFIDENTIAL Page 228 of 668 ✓ Create a new test script as required. Independence ✓ Provide weekly status updates on testing Independence progress. ✓ Log and re-test issues. Independence Actions Owners ✓ CIS Infinity Pre-Test System Installed. Advanced ✓ Refresh CIS Infinity Pre-Test System data. Independence ✓ Test Scripts customized with Independence Independence Test Cases. Entry Criteria ✓ Jointly developed criteria of ticket severity that Advanced and would prevent the promotion of the system to Independence the User Acceptance Testing (UAT) Phase. ✓ Q&A sessions conducted to answer testing- related questions quickly and in-depth to Advanced continuously unblock testing and reduce the amount of Team Support tickets. Actions Owners ✓ CIS Infinity Pre-Prod System Installed. Advanced ✓ Testing of all applicable functional modules using test scripts and test cases, reporting any Independence Exit Criteria anomalies in Team Support. ✓ Retesting of fixed items and reporting Independence anomalies in Team Support. ✓ Successful resolution of tickets that would prevent the promotion of the system to the Advanced User Acceptance. Subtask 2.5.2 - Integration Testing Cycle (ITC) ITC will utilize test scripts/cases customized by Independence to confirm that the data migration and business processes are functioning as expected. ITC is intended to exercise full-scale testing of the system, incorporating the testing of interfaces and modifications scheduled for ITC. It includes testing of all end- to-end processes and all Independence Owned Control Forms (service orders, actions, letter generation, security, admin). For each integration, Independence will conduct testing based on its scripts, and any issues reported via Team Support will be resolved in a development sprint and provided in a new release. Subtask 3.6.2 • ITC Data Conversion Refresh and Validation Report, Deliverables • ITC Build Release for Modifications (if needed). Page 26 of 49 PRIVATE & CONFIDENTIAL Page 229 of 668 Actions Owners ✓ Customized Testing Documents designed, and Independence ITC test cases created in Advanced Testing Tool. ✓ ITC Data Validation reviewed jointly and Advanced and anomalies under investigation by both parties. Independence ✓ Successful resolution of 70% of critical path Entry configuration type tickets reported no less than Advanced Criteria ITC 10 days from ITC Refresh start date. ✓ CIS Infinity Test Instance data loaded. Advanced ✓ Interfaces complete. Advanced ✓ Independence’s payment processor set up complete and ready for integration testing with Advanced CIS Infinity V5. Actions Owners ✓ Testing of interfaces with third party vendor participation (if applicable) and anomalies Independence reported in the Issues Tracking Tool. ✓ Successful resolution of 80% of critical path configuration type tickets reported no less Advanced than 10 days from the scheduled UAT Refresh start date. Exit Criteria ✓ Successful resolution of 80% of conversion- ITC type tickets reported no less than 10 days Advanced from the scheduled UAT Refresh start date. ✓ Bill Print Testing complete and anomalies Independence reported in Issues Tracking Tool. ✓ Reports Testing Complete and anomalies Independence reported in Issues Tracking Tool. ✓ Cycle Billing Testing Complete and anomalies Independence reported in Issues Tracking Tool. Subtask 2.5.3 - User Acceptance Testing (UAT) The final phase of testing is UAT and starts with a code freeze. Only critical path items will be altered during this phase as agreed upon by both parties after analyzing the risk of introducing these changes. Once complete, the UAT constitutes acceptance of the system as ready for Go Live. In combination with Independence staff training readiness and organization readiness, the UAT and its acceptance help to drive the Go/No Go criteria that lock down the live date of the software. Page 27 of 49 PRIVATE & CONFIDENTIAL Page 230 of 668 Advanced will coordinate with Independence to select the integration test scripts that will be used during UAT. The Advanced PM will work with Independence to ensure that test results for each testing phase provide evidence that CIS Infinity capabilities have been properly integrated and tested in Independence’s test environment. Advanced will work with Independence to support performance tests. Subtask 3.6.3 Deliverabl • UAT Data Conversion Refresh and Validation Report, es • UAT Acceptance Criteria. Actions Owners ✓ UAT Data Validation reviewed jointly and Advanced and anomalies under investigation by both parties. Independence ✓ Retested interfaces and modifications with third party vendor participation (if applicable) and Independence anomalies reported in the Issues Tracking Tool. ✓ Successful resolution of 90% of critical path configuration type tickets reported no less than 10 Advanced Entry days from the scheduled UAT Refresh start date. ✓ Successful resolution of 90% of conversion-type Criteria tickets reported no less than 10 days from the Advanced scheduled UAT Refresh start date. ✓ Bill Print Testing completed and signed off. Independence ✓ Reports Testing completed and signed off. Independence ✓ System Code Freeze. Advanced ✓ Final review of Independence Owned Control Independence Forms. Actions Owners ✓ Successful testing of all end-to-end processes. Independence ✓ Successful resolution of all critical path conversion Exit Advanced Criteria and configuration type tickets. ✓ Regression and stress tests executed successfully. Independence ✓ Successful testing of Payment Processor. Independence Subtask 2.6 – Phase 7 – End User Training Our training is designed to train existing users on the new user interface (UI) and changes in key functional areas within CIS Infinity. End User training assumes users have access to a browser with sound, are able to join MS Teams, and are familiar with CIS Infinity V4 and Independence’s business processes. Page 28 of 49 PRIVATE & CONFIDENTIAL Page 231 of 668 Introductory or basic training to users unfamiliar with CIS Infinity V4 functionality and processes is not in scope. Subtask 3.7 • Completion of Instructor-Led End User Training, Deliverables • Training Session Attendance Report, • Training Session Signoff form. Actions Owners ✓ End User Training Plan Matrix delivered. Advanced Entry Criteria ✓ End User Training Plan Matrix completed. Independence Advanced and ✓ End User Training Schedule created. Independence Actions Owners ✓ All End User Training sessions required for Go- Advanced Live are complete. ✓ End Users absent or requiring additional Exit Criteria assistance/training from End User Training Advanced identified. ✓ Additional training plan developed and provided to End Users identified as requiring additional Independence assistance/training complete for Go-Live. Subtask 2.7 – Phase 8 – Cut-over Plan Go/No Go Criteria Independence will assist Advanced in the construction of Go/No-Go criteria. These criteria shall be used to determine whether or not to proceed to Phase 9 - Transition to Live. Criteria shall be measured weekly starting no later than the commencement of User Acceptance Testing. When all criteria are met, Independence shall issue a formal authorization to proceed with the Cut-Over Plan to production. The Advanced PM will develop a Cut-Over Plan throughout the lifecycle of the project in preparation for a final transition to live. This plan details the steps and responsibilities for Advanced and Independence to transition the CIS Solution to Independence production (live) environment. The Cut-Over Plan will include but not be limited to the following items: • Full emergency contact information, • Detailed steps and communications of when data extract is obtained and data conversion is returned, • Ordered steps for ensuring the balancing of the system, • Determination of whether a test system is refreshed at the same time as production for any required process testing, Page 29 of 49 PRIVATE & CONFIDENTIAL Page 232 of 668 • Post-cut-over checklist, • Criteria that determine when the system will be turned over to end-user staff. • A formal release from Advanced that documents that the system has been handed to Independence in full balance. Subtask 3.8 • Go/No Go Criteria, Deliverables • Cut-Over Plan, • Formal Independence Authorization to Transition to Live. Actions Owners ✓ System is in a readiness state for all critical Advanced and path items. Independence Entry ✓ Independence has invoked Change Criteria Management plan (employees, customers, Independence vendors). Advanced or ✓ End Users trained. Independence Actions Owners Advanced and ✓ Cut-Over Plan finalized. Independence Advanced and ✓ Organizational Readiness Plan finalized. Independence Exit Criteria Advanced and ✓ Go/No Go Meeting. Independence ✓ Authorization to Go Live. Independence Advanced and ✓ Post Cut-Over List of Tasks. Independence Subtask 2.8 – Phase 9 – Transition to Live The cutover to live will occur over a weekend and will be coordinated by the Advanced PM and Independence staff. The transition to live will require a new and final data conversion. Before this, Independence must quiesce and shut down the production CIS Infinity V4 system. Following shutdown Independence will perform a backup and restore of production data to the to- be production database. Subtask 3.9 • Final Cut-Over Plan Report, • Final Release Data Conversion Refresh and Validation Report, • AR Balancing Report, Deliverables • Year and month active confirmation, • AR Summary Details Report, • Transaction Code Report, • Rates Report. Page 30 of 49 PRIVATE & CONFIDENTIAL Page 233 of 668 Actions Owners Advanced and ✓ Execution of Cut-Over Plan. Independence Advanced and ✓ End Users trained. Entry Independence ✓ 3rd Party Vendors communicated and are on Criteria Independence board. Advanced and ✓ Execution of Organizational Readiness Plan. Independence ✓ Connectivity validated between CIS platform Advanced production instance and dependent systems. Actions Owners Exit Criteria ✓ Go Live Signed Off. Independence ✓ Post Live Items identified. Advanced Subtask 2.9 – Phase 10 – Post Go Live Independence will receive two weeks of standard post-go-live support. Advanced will assist Independence throughout the post-live implementation phase to identify and respond to any needs and concerns. During the post-go- live period, Advanced will supply, as per the agreement, remote communications and online support through video conferencing to ensure a smooth transition to Customer Success. During this phase of the project, the following items will be supplied to Independence: • Weekly PM and technical staff meetings to review all high-priority items. • Remote communications and video conference customer support. • Introduction and transition to Support. Throughout the post-go-live period, the Advanced PM will continue to act as the primary resource for all issues. Upon completion of the post-live support period, Independence will transition to the Advanced’s Customer Success Department as per the Support and Maintenance agreement. Additional support (remote or onsite) is available at an additional cost. Subtask 3.11 • Post Live Support Log, Deliverables • Transition to Support. Actions Owners Subtask 3.10 – Entry ✓ Go Live Signed Off. Independence Criteria ✓ Post Live Punch List Items Identified. Advanced Page 31 of 49 PRIVATE & CONFIDENTIAL Page 234 of 668 Actions Owners Independence and Subtask 3.10 ✓ Post Live Punch List Items resolved. Advanced – Exit Criteria ✓ Project Completion documented. Advanced ✓ Transition to Customer Success Group. Advanced Page 32 of 49 PRIVATE & CONFIDENTIAL Page 235 of 668 Schedule 1 – Fees and Payments Professional Services Fees Item Price Services related to CIS Infinity V4 to V5 upgrade $448,178.00 • Project Management, • Installation, • Configuration, • Data Integrity, • Data Migration, o Including Advanced created reports. • Training, • Integrations, • Go-Live support, • Post Go-Live support. • Infinity BI Total $448,178.00 License Fees Item Price Infinity BI (10) Licenses $22,500.00 Total $22,500.00 Annual Recurring Fees Item Price Advanced CIS Infinity V5 Maintenance and Support $11,541.00 Infinity BI $5,625.00 CityWorks Integration Maintenance & Support $10,000.00 Total $27,166.00 *Annual fees above are in addition to Independence’s 2026 recurring fees and any other existing agreements between the parties. Optional Items Item Price 100 Hours of Optional Professional Services: $26,000.00 Harris has included an optional block of one hundred (100) hours of Professional Services (“Optional Services”) for a total value of $26,000. These Optional Services are not included in the base scope of this SOW and will only be performed upon mutual agreement and execution of a written Change Order in accordance with the Change Control Process defined in this SOW. Page 33 of 49 PRIVATE & CONFIDENTIAL Page 236 of 668 These Optional Services are pre-priced at $260 per hour and may be drawn down in increments as defined in each approved Change Order. Unused hours are not invoiced and may only be consumed upon execution of a Change Order. Total $26,000.00 Estimated Travel Expenses Item Price Advanced Travel Expenses: Billed as incurred per • Available on request. rates outlined in MSA Pricing Assumptions 1. Professional Services Fees will be invoiced based on the payment milestones defined. 2. All charges exclude out-of-pocket expenses, which are billed monthly as incurred. 3. Expenses include but are not limited to travel and lodging costs. 4. Payments delayed beyond terms are subject to interest at the prime lending rate set by the Federal Reserve plus 2.5%, compounded monthly, or the maximum permitted by law, whichever is lower. 5. Additional Professional Services via telephone are billed at $260 per hour. 6. On-site Additional Professional Services do not cover travel, lodging, and per diem expenses. 7. Professional Services rates may increase for services rendered one year after the agreement's execution date. 8. A $750 daily surcharge applies for services provided on weekends or recognized holidays, in addition to standard fees and travel expenses. 9. Pricing assumptions exclude taxes, duties, and fees. 10. Travel time and expenses are not included in the price and will be billed as incurred. 11. The proposal is valid for 90 days; beyond this, re-assessment and re-quoting may be necessary. 12. Invoices must be paid within 30 days. 13. Recurring costs are subject to a maximum annual increase of 8% or the Consumer Price Index (CPI), whichever is greater. 14. Additional software subscriptions requested will be quoted at that time. 15. All charges are exclusive of out-of-pocket expenses for Professional Services performed. Charges for actual and reasonable out-of-pocket expenses, including, but not limited to, travel and lodging expenses, will be billed monthly as incurred. 16. Delayed payments are subject to an interest charge at a rate per annum that is equal to the prime lending rate set by the Bank of Canada plus 2.5% compounded monthly (or the prime lending rate set by the Federal Reserve plus 2.5% compounded monthly in the case that Organization is located in the United States), or the highest amount permitted by applicable law, whichever is lower. 17. Invoices are payable upon receipt. Nonpayment of invoices may lead to denial of access to the Service. Additionally, non-payment of sixty (60) days will result in a stoppage of work by Advanced until it receives payment of the amount owing. Client will be responsible for reimbursing Advanced for all reasonable costs incurred in collecting any overdue payments and related interest, including but not limited to reasonable Page 34 of 49 PRIVATE & CONFIDENTIAL Page 237 of 668 attorneys’ fees, other legal costs, court costs and collection agency fees. Resumption of Service and work will be subject to the Change Control Process. 18. Additional Professional Services may be provided on-site or via the telephone at the rate of two hundred and sixty ($260) per hour through the end of 2026. After which the current Services Rate may be applied. Additional Professional Services work performed on-site does not include travel, lodging, and per diem expenses. Professional Services performed one year or more after the execution date of this Agreement shall be billed at the then-current Advanced Professional Services rates. Helpline support and Support Services do not include training or other Professional Services. Client shall incur a seven- hundred fifty dollar ($750) daily surcharge for any Professional Services provided on weekends or Advanced recognized holidays; plus the corresponding standard Professional Services fees and any applicable travel charges. Payment Milestones • Professional Services: o 50% on signature of SOW o 25% on start of Phase 3 o 15% on start of Phase 6 o 10% Thirty (30) days Post-Go-Live • Billing for Optional Services will occur as follows: o 100% of the Change Order value will be invoiced upon execution of the Change Order, unless otherwise specified in the Change Order • Software Licenses o 100% on signature of SOW • Annual Recurring Fees: o 100% on delivery of software to a non-production environment Page 35 of 49 PRIVATE & CONFIDENTIAL Page 238 of 668 Termination Advanced must provide, and Independence must purchase services from Advanced for the items defined within this SOW. Independence, upon failure of Advanced to comply with its obligations under this SOW, may notify Advanced by mailing a Notice of Breach (Notice) in writing to Advanced’s listed point of contract. If Advanced does not correct the alleged default within thirty (30) days immediately following receipt of the Notice, then Independence may terminate this Statement of Work. If Independence exercises its right to terminate this SOW due to material breach or default, Independence’s obligation includes the following: 1. Return the V5 Software to Advanced and relinquish its rights to receive further updates, upgrades of, or enhancements of the software under this Statement of Work and certify, under the hand of a duly authorized officer of the Organization, that all copies of upgraded, updated, or enhanced V5 software or any part thereof, in any form, within the possession or control of the Organization have been returned to Advanced (if applicable). Nothing herein shall be interpreted that Independence must return or relinquish the current CIS Infinity Version 4 software. 2. Complete payment for services performed and expenses incurred before termination, including: a. Any amounts previously invoiced but unpaid. b. Fees for services performed through the termination date which has not been invoiced and c. Any approved travel and living costs. Under no circumstances shall Advanced be liable for any special, indirect, consequential, punitive, or incidental damages of any kind and shall not be liable for loss of profits, works stoppage, system failure or malfunction, loss of data, or any other damages or losses in connection with this statement of work, even if Advanced has been advised of the possibility of such damages. In any event, Advanced shall not be liable to pay any amount, in the aggregate, that is greater than the fees received by Advanced under this statement of work. Except as otherwise expressly set forth herein, this SOW is performed pursuant to the terms and conditions of the Master Software and Maintenance Agreement mutually executed between the parties on October 21, 2015. Page 36 of 49 PRIVATE & CONFIDENTIAL Page 239 of 668 Approvals IN WITNESS WHEREOF the parties hereto have duly executed this Scope of Work to be effective as of the Effective Date. N. HARRIS COMPUTER CORPORATION Per: Name: Title: City of Independence, MO Per: Name: Title: Page 37 of 49 PRIVATE & CONFIDENTIAL Page 240 of 668 Appendix A – Technical Specifications Advanced CIS Infinity V5 Version/Build Creation Date Last Revised V5 Build 1.67 & higher July 10th, 2020 May 27, 2024 The following specifications are the recommended hardware requirements provided to clients who have less than 150,000 billed accounts and are considering using CIS Infinity, along with our web services and/or add-on products. Virtualized environments are supported. Database Server Process 8 - 12 CPU / Cores @ 2 - 3GHz or Database: <100 GB <200 GB 300 GB+ RAM Ram: 32GB 64GB 128GB Disk Space Initial Size Assumption of 5 years’ worth of data and a Client database size of less than 100GB. Alternatively, the following formula can be applied: Disk Space = LDB + Factor CIS • LDB = (Legacy DB Size X (1+ ratio of # of years to be Infinity converted)) 200GB • Factor = (LDB x 1.3)) Note: As the CIS database size can vary due to factors such as the number of years, accounts, transaction history, business logic, etc., the Advanced Project Team will evaluate whether any adjustments are required to the hard drive size. This will be done with the Client at an initial stage of the project, if necessary. Application Server(s) Processor 12 - 16 CPU / Cores @ 2 - 3GHz RAM 80GB Assume maximum 200 concurrent CIS Users. Disk Space Page 38 of 49 PRIVATE & CONFIDENTIAL Page 241 of 668 CIS Infinity Folders Standard Attachme (Folders may vary Letters Process Log based on use, Folders nts retention period and types of files 3 - 5GB 2GB 5GB --- attached) Monthly Growth (will vary based on use, retention 200MB (purge- --- 50MB 20MB period and types able) attached, per 150K accounts) CIS Infinity Web 25MB Service Required Operating System & Programs for CIS Infinity (V5) V5 Application Server(s) • Windows Server 2016 R2 or higher*; Windows Server 2022 is recommended, • Microsoft Internet Information Service (IIS) 8.0 or higher*; Windows IIS 10.0 is recommended, • .NET 4.8 Framework installed, • PowerShell 5.0 or higher*, PowerShell 7 is recommended, • Crystal Reports Runtime installer Version 13.0.24 (supplied), • SQLite ODBC installer Version 0.9998 or higher (supplied), • A File Transfer Tool to support large file transfers during data conversion, FileZilla or WinSCP, is suggested. V5 Database Server • Windows Server 2016 or higher* running Microsoft SQL Server 2016 or higher*; Windows Server 2022 running Microsoft SQL Server 2022 is recommended, or • Windows Server 2016 or higher running Oracle 11g or higher*; Windows Server 2022 running Oracle 21c or 23ai is recommended, or • Unix/Linux (any supported version) running Oracle 11g or higher*, Oracle 21c or 23ai is recommended, • A File Transfer Tool to support large file transfers during data conversion, FileZilla or WinSCP, is suggested. V5 Web Server Page 39 of 49 PRIVATE & CONFIDENTIAL Page 242 of 668 • Windows Server 2016 R2 or higher* running Windows IIS 8.0 or higher*; Windows Server 2022 running Windows IIS 10 is recommended, • Linux/Unix Hosts running Apache HTTP Server, nginx, or Node.js are also feasible, please contact you Project Team or Advanced Support to confirm your configuration. V5 Client Workstation • A vendor supported client operating system running a modern internet browser * On Windows, the most recent stable release of Microsoft Edge or Google Chrome is recommended. On macOS the most recent stable version of Google Chrome is recommended. Support for other configurations is feasible, please contact your Project Team, or Advanced Support to confirm your configuration, • A minimum of 16 GB of RAM and a 10th Generation Core i5 or higher (or equivalent) is recommended for power users of CIS Infinity (e.g. those with multiple open tabs), • Unsupported browsers (incomplete list) o Original Edge (non-chromium), o Internet Explorer (all), o Safari (Windows). Network • Widely accepted network infrastructure utilizing TCP/IP as its primary communication protocol. Note: Advanced strongly recommends that all infrastructure software utilized be under general maintenance from the vendor and patched to the level recommended by the vendor at all times. Page 40 of 49 PRIVATE & CONFIDENTIAL Page 243 of 668 Appendix B – Audit Report Bookmarks (61) • SOLIDWASTEROUTE | Solid Waste Route Information • SAMPLE_PROPS | Sample properties • ACCT_EQUIP_INFO | Account Equipment Information • LAST_BILL_INFO | Last Bill Information • GET_SOMESSAGE | Retrieves the Service Order Message • PENDINGSO_INFO | Pending Service Order Information • SERVICE_ADDRESS | Service Address • ACCOUNT_TASKS | Customer Account Tasks To Do • LAST_BILL | Last Bill • NEXT_DRAW | Next Draw • ACCT_COLL_STAT | Customer Account Collection Status • KEY_MSTER_INFO | Key Master Info • BOOKMARK_CMD | Bookmark Command • V_TEST | V TEST • CA_DEPOSIT | Customer Account Deposit • JESP | JESP • CYBKCALL | Cycle-Book-Call Meter# • TRANSFORM_INFO | Transformer Location Information • NESTED_TEST | Testing nested bookmarks (for email messages) • EMPTYSTRING | Returns empty string for testing email messages • JHUNTEST | rtes • JHUNTESTT | Customer Account Information • CUSTADDRORDEF | Get Customer Address Or Default • DATEWITHCOMMA | Current Date(time) Formatted With Comma • FR_AMTBFRDUE | Amount Before Due Date French Format • FR_BILLDUEDATE | Billl Due Date In French Format • ALLPENDINGPYMTS | Total Amount in Pending Payments in BIF956 and UTL045 • SEL_BF_DEVICE | Backflow Device Information from Selected Backflow Device in the Inventory • BF_DVCE_GRP_EX2 | 2nd Extended Backflow Device Information on an Account (MEF322) • SEL_BF_DVCE_EXT | Backflow Device Information from Selected Backflow Device in the Inventory (MEF321) • SEL_BF_DVC_EXT2 | Backflow Device Information from Selected Backflow Device in the Inventory (MEF322) • CAI_BF_DEVICE | Backflow Device Information using Customer/ Account • BFADDR_CA_ADDR | Backflow Address or Customer-Account Address Page 41 of 49 PRIVATE & CONFIDENTIAL Page 244 of 668 • CREDIT_SCORE | Customer Credit Score • CT_RATIO | Electric CT Ratio • NEWPENDINGPYMTS | Get Pending Payments • LVL_PLAN_BAL | Levelized Plan Balance • BILLDUEDATE | Billl Due Date • DISCRECORDS | Shows description of currently disconnected services via records in COL005 • DISCRECORDS2 | Shows description of currently disconnected services via records in BIF023 • WAV_ANNUAL | Calculate the Annual Average for Sewer • WAV_WINTER | Calculate the Winter Average for Sewer • WAV_RAYANNUAL | Calculate the Annual Average for Raytown Sewer • WAV_RAYWINTER | Calculate the Winter Average for Raytown Sewer • COI_SP_SRV_AREA | Returns the value from BIF002.C_SERVADDUSER5 - Independence Specific • ARCHIVE | MANUAL UN-ARCHIVE SCRIPT • PREV_CONSUMP | Previous Year Consumption • DAILY_AVE_CONS | Daily Average Consumption • MONTH_AVE_CONS | Monthly Average Consumption • RESKIN | CisInfinity reskin • BILLFIX | FIX BAD BILL TAXES SUGAR CREEK AND JACKSON CO RESIDENTIAL • BF_LETTER_ADDR | Backflow Letter Address • EBILLAMOUNT | Ebill Amount • HOSTILE_CUST | HOSTILE CUSTOMER COMMENT ON ACCOUNT • CUST_PW | CUSTOMER ACCOUNT PASSWORD • IRAP | IRAP CUSTOMER • W_SVC_MAT | ACCOUNT WATER SERVICE MATERIAL • NSF_RETURN | RETURNED PAYMENT • DBA | DOING BUSINESS AS • SMARTVXBILLING | Returns SmartVX Billing Video URL • SMARTVXWELCOME | Returns SmartVX Welcome Video URL Actions (4)↑ • 111 | Generate State Sewer Connection Fee • 112 | Generate Safe Drinking Water Act Fee • 124 | Generate Email for BFP Account • 125 | Generate Email for Fire Service Acct Addr Change Export Definitions (32)↑ • ACH | ACH Export (REF) Page 42 of 49 PRIVATE & CONFIDENTIAL Page 245 of 668 • TESTEX | Test Mtr Rdg Export • ACH2 | ACH2 Export (REF) • ITRON | Itron MVRS Meter Reading (REF) • GLEXP | G/L Export • TEST2 | Test Export • EBP | Electronic Bill Print • JDEAP | JDEdwards AP Refunds • JDEGL | JDEdwards GL Export • TSTACH | Test ACH Export (REF) • KCI_01 | KCI Collection Agency Export • TWIO | Paymentus Outbound Call File • BEBP | Test EBP • AD_PL2 | AutoDesk - P&L Commercial • AD_WAC | AutoDesk - Water Commercial • AD_WAT | AutoDesk - Water Tap OLD • AD_PL1 | AutoDesk - P&L Residential • AD_WAR | AutoDesk - Water Residential • AD_PL3 | AutoDesk - P&L All Accounts • TAP_EX | Tap Information Export - OLD • AD_TAP | AutoDesk - Tap File • PYTYPE | Payment Restrictions Export • ADPL3B | AUTODESK -P&L ALL ACCOUNTS-BAK • COFI1 | C Of I Multiplier Surge • COFI2 | C Of I Multiplier Private • TWIOBK | PAYMENTUS OUTBOUND CALL FILE-B • BIF | INVOICE CLOUD DAILY EXPORT • BIFM | INVOICE CLOUD MANUAL EXPORT • SSN_VA | ONLINE IS SSN VALIDATION • MUGLT | MUNIS GL EXPORT TEST • MUGL2 | Munis GL Export • BIFMS | INVOICE CLOUD MANUAL EXPORT SV Import Definitions (23)↑ • MEF001 | OTP Import Electric Meter Inv. • ITRON | Legacy Itron MVRS Read Import • TEST | Test Import • ITRONR | Itron MVRS TEST - DO NOT USE • RAYTWN | Raytown Water Import • ITRONE | Eddie Test Import • UATPAY | Go-Live / UAT Payment Import • BURDRD | Burd Meter Reads Page 43 of 49 PRIVATE & CONFIDENTIAL Page 246 of 668 • KCI_02 | Collection Agency Payments • VOIDRC | Void Refund Checks • LIHEAP | LIHEAP TEST - DO NOT USE • TTMV90 | Independence MV90 • ITRONC | CIS Itron MVRS Reading Import • OBCRES | Outbound Call Results Import • JDEAPI | JDE AP Check # Import • LIHP2 | LIHEAP - Payment Import • VOIDCK | Void Refund Checks - NEW • RPPSN | MELISSA RPPS TEST • LCKBXN | MELISSA UMB LOCKBOX TEST • GEN1 | Generic CON014 Import • GTIMP | Generic Transaction Import • COIIM1 | City of Ind Multiplier Import • VOIDKN | VOID REFUND CHECKS - NEW2 Letter Templates (71)↑ • 0004 | Diversion Letter • 0007 | BUSINESS DEPOSIT LETTER • 004A | Returned Pymt Letter • 0017 | CRITICAL CARE APP LETTER • 0025 | Adjusted Electric Billing • 0027 | Deposit Needed Delinquent • 0028 | Deposit For Bond Cancellation • 0032 | Water Release • 004B | Name Change Waive Deposit Rights • 005A | Waiver of Penalty Affidavit New • 0002 | Cash Only • 004C | Consecutive Estimate - Electric • 0001 | PAYMENT ARRANGEMENT SUMMARY • 002A | AR SUMMARY • 0003 | PROOF OF RESIDENCY • 004D | SUBSTITUTE PARTIAL BILL • 0008 | FOLIAGE LETTER ELECTRIC • 0009 | FOLIAGE LETTER WATER • 014A | LEVELIZED PAY LETTER • 0015 | DEPOSIT REFUND LETTER • 0016 | LEVEL PAY REMOVAL LETTER • 017A | ACCESS LETTER • 0019 | DEBRIS LETTER • 0020 | REFUND WITH PAST DUE • 0021 | GENERIC LETTER Page 44 of 49 PRIVATE & CONFIDENTIAL Page 247 of 668 • 0022 | MEDICAL ALERT NOTIFICATION • 023A | UPDATE ACCT NUMBER • 0026 | REPAIR AGREEMENT • 028A | UPDATE REMIT • 0029 | DECEASED PERSONS LETTER • 0030 | CONSECUTIVE EST WATER/ELEC • 0031 | LETTER OF CREDIT • 032A | AUTOMATIC BANK DRAFT AUTH • 033A | BALANCE TRANSFER LETTER • 0038 | WEATHER RULES • 0039 | NAME CHANGE NO DEP WAIVER • 0050 | CRITICAL CARE • 0056 | UNACCEPTABLE LOC • 0057 | DEPOSIT WAIVER WARNING • 0059 | ARB OR METER MAINT LETTER • 0060 | WRONG ELECTRIC RATE CODE • 0061 | LETTER OF GUARANTEE FORM • 0062 | BOND FORM • 0063 | CURRENT AR SUMMARY • 0064 | UP FRONT DEPOSIT LETTER • 0065 | ADDITIONAL DEPOSIT LETTER • 0066 | CONSECUTIVE ESTIMATE BLUE CARD • 0067 | SPANISH DEPOSIT LETTER • 0069 | LARGE BALANCE CREDIT REFUND LETTER • 0070 | SWITCHED METERS CREDIT • 0071 | SWITCHED METERS DEBIT • 0072 | UPDATE TAX EXEMPT • 0073 | NOTICE OF LEAK • 0075 | SPANISH UP FRONT DEPOSIT LETTER • 0076 | RATE COMPARISON LETTER 2024 • 0078 | ADVERSE LETTER SPANISH • 0088 | WATER METER BEES ENG SPA • 0090 | LCR SELF SERVICE LINE FORM • 0091 | LCR SELF SERVICE LINE INSTRUCTIONS • 0092 | LCR UNKNOWN NOTIFICATION • 0093 | LCR GRR NOTIFICATION • 0095 | BUSINESS APPLICATION • 0096 | BUSINESS W9 • 0097 | BUSINESS LICENSE ORDINANCE • 0099 | ASSISTANCE AGENCIES • 0100 | SPANISH PAYMENT ARRANGEMENT SUMMARY • 0101 | SPANISH WEATHER RULES • 0102 | METER READING CUSTOMER REQUIRED Page 45 of 49 PRIVATE & CONFIDENTIAL Page 248 of 668 • 0105 | RESIDENTIAL DEPOSIT LETTER - YELLOW • 0106 | RESIDENTIAL DEPOSIT LETTER - RED • 0107 | BILL ROUND-UP CONTRIBUTION FORM Page 46 of 49 PRIVATE & CONFIDENTIAL Page 249 of 668 Appendix C – Table of Responsibilities (Deliverables) Subtask Deliverable # Task Per SOW Per Name Deliverable Description/Definition Lead SOW Project meetings to be attended by Advanced and Independence. Project core team members to discuss work Weekly and in progress, issues, risks, actions, near- 1 1 1.2 Monthly Status Advanced term planned activities and Meetings & Reports associated resource commitments. Status reports to document project progress. Meeting attended by Advanced and Quarterly Sponsor Independence Project Manager and 2 1 1.3 Advanced Meeting Project Sponsors to review project status. Application and database server Environment ready (production and test) provisioned, and Advanced/ 3 2 2.1 for Software the operating system and database Independence Provisioning software have been loaded. Project Kick-Off Kick-off meeting held with the project 4 2 2.1 Advanced Meeting team. Initial draft Project Schedule delivered at project kickoff meeting. Project Schedule updates performed throughout the project. The schedule Draft Project is updated for refinements to tasks, 5 2 2.1 Advanced Schedule and percent complete inclusive of resource updates and timeframe updates. Both parties will commit to staffing and resources to meet a rolling 3-month window. Plan that defines how project risks will be logged, prioritized, assigned and managed to closure using a jointly 6 2 2.1 Risk Management Plan Advanced agreed resolution strategy. Risk Log will be reviewed at project status meetings. Plan that defines the Project Strategy 7 2 2.1 Communication Plan for communicating internally within Advanced the Project Team. Plan that defines the strategy for 8 2 2.1 Change Management Plan communicating with employees and Independence externally. Process that defines how changes to project scope will be logged, 9 2 2.1 Change Control Process Advanced approved, and managed as agreed to by both parties. Plan that defines Independence resources to be trained, the courses to 10 2 2.1 Training Plan Advanced be delivered, materials, locations, facilities and other resources. Plan that defines Independence’s 11 2 2.1 Test Plan Advanced testing approach. Document that outlines the duration, prerequisites and topics to be covered 12 2 2.1 Training Courses Syllabus Advanced during the Advanced delivered standard training courses. Project listing of all Advanced and 13 2 2.1 Project Team Contact List Independence project team Advanced members’ contact information. CIS Infinity V5 system overview 14 2 2.1 System Overview Advanced demonstration. Page 47 of 49 PRIVATE & CONFIDENTIAL Page 250 of 668 Advanced will provide Independence with and overview of the Issues Tracking Tool, the online tool for documenting and tracking issues as Issues Tracking part of the overall implementation. 15 2 2.1 Tool Overview and Advanced Independence users will be provided Set up with user ids and passwords which also provide access to the Software Entity relationship diagrams and the Data Dictionary. Documents that outline the business Solution Overview and conversion processes to be 16 2 2.1 Advanced Workshop Agenda discussed during the Solution Overview Workshop(s). Sessions that will assist Advanced in learning Independence business processes and educating Solution Overview Independence about the features and 17 2 2.2.1 Advanced Workshop limitations of the software. Advanced will lead the sessions with Independence business process experts participating. Document that captures all learning and understanding gained in the Solution Overview 18 2 2.2.1 Solution Overview Session Analysis Advanced Document Workshops. Document will serve as a template for configuring the software. Initial Data Loading of initial conversion by 19 2 2.3 Advanced Conversion Load Advanced on Independence’s system. Independence, with Advanced’s 20 2 2.3 Baseline Accounts assistance will identify Baseline Independence Accounts to be used for testing. Report that documents the results of Data Validation the agreed upon conversion 21 2 2.3 Advanced Results validation parameters for both the source and target data. Standard Training Agenda for each 22 2 2.1 Training Agendas training course identified in the Advanced Training Plan. Execution and completion of Core Team training per the Training Plan. 23 2 2.4 Core Team Training Advanced Training will include the Issues Tracking Tool training. Loading of conversion data by Functional Test - Advanced on Independence’s system. Data Conversion Includes audit report that documents 24 2 2.5 Advanced Data Load & the results of the agreed upon Validation conversion validation parameters for both the source and target data. Generic Integration Test scripts 25 2 2.5 Generic Test Scripts provided by Advanced to test system Advanced functionality. Independence to conduct testing as outlined in the Test Plan, document 26 2 2.5 System Testing test results (pass/fail) and log any Independence issues in the Issues Tracking Tool for resolution by Advanced. Installation of new builds on Independence’s system which include 27 2 2.5 Build Releases (ITC) Advanced Independence’s modified software and interfaces. Loading of conversion data by Integration Test - Advanced on Independence’s system. Data Conversion 28 2 2.5 Includes audit report that documents Advanced Data Load & the results of agreed upon conversion Validation validation parameters. Page 48 of 49 PRIVATE & CONFIDENTIAL Page 251 of 668 Loading of conversion data by User Acceptance Advanced on Independence’s system. Test - Data Includes audit report that documents 29 2 2.5 Advanced Conversion Data the results of the agreed upon Load & Validation conversion validation parameters for both the source and target data. Execution and completion of End- End User Training, User training per the Training Plan. 30 2 2.6 Signoff and Advanced Each training session will have an Attendance Report Attendance Report. Document that identifies the criteria that will be adhered to enable cutover to Production to proceed. It includes Go/No Go Criteria metrics to evaluate project 31 2 2.7 Advanced Document management readiness, business solution testing readiness, business readiness, IT infrastructure readiness and reorganization/people readiness. Document that defines the outcomes of application readiness based on the defined Go/No Go Criteria document and Cutover Plan defined. The result will be a decision to Go-live or to identify issues that will need to be Go / No Go Decision resolved prior to Go-Live or can be Document 32 2 2.7 deferred to post go-live. The decision Advanced approved for Go to transition to Go Live will be Live approved when the items defined in the Cut-Over and readiness assessment has been successfully achieved and there are no significant agreed upon issues that will impact transition to Production. Document that defines steps and responsibilities of Advanced and Independence during transition to 33 2 2.7 Cutover Plan Advanced Production. Includes steps to achieve system balance and includes a conversion cutover plan. Loading of conversion data by Advanced on Independence’s system. Go-Live - Data Includes audit report that documents 34 2 2.7 Conversion Data Advanced the results of the agreed upon Load & Validation conversion validation parameters for both the source and target data. System is operating and being used. Balancing of legacy and Advanced CIS 35 2 2.8 Go-Live Advanced has been validated and signed-off by Independence. Conclusion of Post live support period, Completion of Post 36 2 2.8 which includes remote and online Advanced Live Support video conferencing. A transition meeting to transfer from Customer Success 37 2 2.8 the project implementation phase to Advanced Transition Meeting the support phase of the contract. Page 49 of 49 PRIVATE & CONFIDENTIAL Page 252 of 668 AFFIDAVIT ACCEPTANCE OF ANTI-DISCRIMINATION AGAINST ISRAEL ACT STATE OF ____________________ ) ) SS. COUNTY OF __________________ ) ________________________________________ of the City of ____________________________________________ _____________________________ , County of _________________ , State of ______________________________ , being duly sworn on her or his oath deposes and says: 1. That I am the _______________________________________________ (Title of Affiant) of _______________________________________________________________ (Name of Bidder) and have been authorized by said bidder to make this affidavit on the bidder’s behalf; 2. Per Missouri Revised Statute 34.600, otherwise known as the Anti-Discrimination against Israel Act, Contractor hereby certifies that it is not currently engaged in and shall not, for the duration of the contract, engage in a boycott of goods or services from the State of Israel; from companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel; and ________________________________________ (Name of Bidder) By: _____________________________________ (Signature of Affiant) _________________________________________ (Title of Affiant) Subscribed and sworn to before me this ______ day of __________________, 20____. _________________________________________________________ (SEAL) NOTARY PUBLIC in and for the County of ________________________ State of ___________________________________________________ My commission expires: Page 253 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize expenditures of up to $1,506,000 to Tenaska for energy services and energy data management services, and to authorize up to ten percent (10%) of the authorized amount for future change orders, for the Power & Light Department (IPL) for Fiscal Year 2026-2027. Recommendations: Council approval is recommended. Background: IPL has a service agreement with Tenaska that extends through March 2031. Under the agreement, IPL pays a monthly service fee of $33,660, subject to a two percent (2%) annual escalation each April. The total service fee expenditure for Fiscal Year 2026-2027 is estimated at $406,000. A portion of the annual expenditure represents reimbursement to Tenaska for its share of revenues generated through the marketing of IPL’s unused Auction Revenue Right/Transmission Congestion Right (ARR/TCR) assets in the Southwest Power Pool (SPP) market. Under the agreement, revenues received from SPP through these transactions are allocated 65% to IPL and 35% to Tenaska. During each of the past three fiscal years, IPL has reimbursed Tenaska approximately $1,000,000 under this revenue-sharing arrangement. For Fiscal Year 2026-2027, IPL is increasing the estimated reimbursement amount to $1,100,000 in anticipation of additional ARR/TCR revenue. The associated revenue received by IPL is accounted for as a revenue offset. The total requested expenditure authorization is $1,506,000, consisting of approximately $406,000 in service fees and $1,100,000 in estimated ARR/TCR revenue-sharing payments. Approval of this item also authorizes the Finance Director to issue change orders up to ten percent (10%) of the authorized amount, provided sufficient appropriations are available. Page 254 of 668Emergency Justification: Fiscal Impact: The fiscal impact to the City is $1,656,600, including contingency. Funding for energy and energy data management services is included in the Fiscal Year 2026-2027 proposed budget on page 213 in account 0206145-5226, Purchased Power – Professional Services, and account 0206170-5226, System Operations – Professional Services. Related transmission wheeling revenue is included on page 72 in account 020-4912, IPL Fund – Transmission Wheeling Revenue – MPS, Fund 020. Council Action: Department / Power and Light / Contact REVIEWERS Khristina Irvine Richard Kemple Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. 5th Amendment to Tenaska Energy Services Agreement with IPL Page 255 of 668 Page 256 of 668Page 257 of 668Page 258 of 668Page 259 of 668Page 260 of 668Page 261 of 668 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 $327,236 to Shawnee Mission Ford for seven (7) Model Year 2027 Ford Explorer All- Wheel Drive Police Vehicles, and to authorize up to ten percent (10%) of the authorized amount for future change orders, to support the Police Department in Fiscal Year 2026-2027. Recommendations: Council approval is recommended. Background: The Police Department is requesting to purchase seven (7) Model Year 2027 Ford Explorer All- Wheel Drive Police Vehicles. These vehicles are part of the anticipated replacements needed for the 2026-27 fiscal year fleet program. The vendor providing the vehicles is Shawnee Mission Ford, who provided a quote based on the current contract with Johnson County, Kansas, Contract No. 2024-068, Renewal No. 1 effective through January 16, 2027. 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 purchase practices through the competitive bidding process. Approval of this item authorizes the Director of Finance to issue change orders up to ten (10) percent of the original authorized amount, provided appropriations are available. Emergency Justification: Page 262 of 668Fiscal Impact: The fiscal impact to the City is $359,960, including contingency. Funding is included in the 2026-27 Fiscal Year Budget, Fund 016 – Police Sales Tax, Equipment, account number (0164564-5404), page 189 of the FY 2026-27 Proposed Budget. Council Action: Department / Police Department / Contact REVIEWERS Dennea Leap Doug Brinkley Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Shawnee Mission Ford - Explorer Quote 7/1/26 Page 263 of 668Page 264 of 668Page 265 of 668Page 266 of 668Page 267 of 668Page 268 of 668Page 269 of 668Page 270 of 668Page 271 of 668Page 272 of 668Page 273 of 668Page 274 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize a purchase order with Toth & Associates in the amount of $125,000 for the development of steel transmission pole standards for the Power & Light Department (IPL), and to authorize change orders up to ten percent (10%) of the authorized amount. Recommendations: Council approval is recommended. Background: Transmission pole standards are standardized construction drawings that include diagrams, notes, assembly details, installation requirements, and material lists. These standards are used during transmission pole replacements and construction projects to promote consistent construction practices and material identification. IPL currently maintains transmission construction standards for wood pole structures. However, future transmission structures are anticipated to primarily utilize steel poles. Accordingly, IPL needs to develop steel transmission construction standards to support future transmission system construction and maintenance activities. The proposed standards will address 69 kV structures, 161 kV single-pole structures, 161 kV H- frame structures, and 345 kV structures. The standards will focus on direct-embed steel pole applications and will include corresponding material lists that reference new IPL transmission material stock numbers. IPL contacted three (3) City-approved engineering firms—HDR, WSP, and Toth & Associates— to solicit proposals for the work. HDR and WSP declined to submit proposals. Toth & Associates submitted a proposal to provide the required engineering services. Toth & Associates possesses the technical expertise, software, and systems necessary to develop the steel transmission standards efficiently and cost-effectively. The requested services will be performed during Fiscal Year 2026-2027. Page 275 of 668Approval of this item also authorizes the Finance Director to issue change orders up to ten percent (10%) of the authorized amount, provided sufficient appropriations are available. Emergency Justification: Fiscal Impact: The fiscal impact to the City is $137,500, including contingency. Funding for the development of steel transmission pole standards is included in the Fiscal Year 2026-2027 proposed budget on page 216, project account 0217021-5406-202716-C, Transmission Pole Replacements Program, IPL Fund 21. Council Action: Department / Power and Light / Contact REVIEWERS Khristina Irvine Richard Kemple Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: Page 276 of 6681. Decline email for transmission standards assistance - HDR 2. Decline email for transmission standards assistance - WSP 3. Toth quote for transmission standards_2026-07-10_IPL - Scope_Final 4. Steel Transmission Assemblies Contract - Signed by Toth & Associates Page 277 of 668 Cypress Heide Engineer 1 Pronouns: He/They O – (816) 325 - 2157 C – (816) 721 - 1839 cheide@indepmo.org 2 Page 279 of 668Cypress Heide From: DeLee, Jared Sent: Friday, July 17, 2026 1:01 PM To: Cypress Heide Cc: Rego, Brennan Subject: RE: Construction Standards RFP Attachments: IPL_Steel_Transmission_Standards_WSP_Response_7.17.2026.pdf EXTERNAL EMAIL - CAUTION: This email originates from an EXTERNAL source. Do not reply, click links, scan QR codes, or open attachments unless you trust the source and know the content is safe. Report suspicious messages using the Phish Alert Button (PAB) or forward to phish-report@indepmo.org. Direct any questions or concerns to the Tech Services HelpDesk Good Afternoon Cypress, Thank you for sending over this RFP and responses to our teams questions. Unfortunately, we were unable to secure the resources needed to successfully perform this work over the project time frame provided. As always, we appreciate you keeping us in mind for opportunities like these and look forward to future opportunities. Thanks, JARED DELEE, PMP Senior Technical Manager, Project Management WSP Power & Energy M +1 913-216-0450 From: Cypress Heide Sent: Thursday, July 9, 2026 1:51 PM To: DeLee, Jared Subject: RE: Construction Standards RFP Good afternoon, The deadline is flexible – does 7/17 give you enough time to submit the proposal? For the total project completion, we were aiming for the end of January 2027. To answer your other questions: -The intent is to evaluate different conductor angles, but not span lengths. Instead, the maximum directional loading for the specified hardware should be included. -IPL transmission currently utilizes 336 ACSR, 556 ACSR, 795 ACSR, 795 ACSS, and 1192 ACSR. We do not currently have 345kV build on our system and as such do not have a corresponding conductor sizing standard. 1 Page 280 of 668-We’re looking for typical 2D views – I’ve attached some of our wood transmission pole standards, we’re not looking to duplicate the format of these standards but they’re a good reference for what we’re generally looking for on the steel pole standards. -No, we will not require a PE stamp. -I do not have any additional specific concerns at this time. Thank you, Cypress Heide Engineer 1 Pronouns: He/They O – (816) 325 - 2157 C – (816) 721 - 1839 cheide@indepmo.org From: DeLee, Jared Sent: Monday, July 6, 2026 10:24 AM To: Cypress Heide Subject: RE: Construction Standards RFP EXTERNAL EMAIL - CAUTION: This email originates from an EXTERNAL source. Do not reply, click links, scan QR codes, or open attachments unless you trust the source and know the content is safe. Report suspicious messages using the Phish Alert Button (PAB) or forward to phish-report@indepmo.org. Direct any questions or concerns to the Tech Services HelpDesk Good Morning Heide, Apologies on the late response. I have been traveling & on vacation the past couple weeks. I chatted with our team and we have a few questions that we would like to get clarification on:  Can you please verify which version of the NESC IPL is using from your governing board?  Is the intent to evaluate different span lengths – ruling spans / span limits for angle structures?  How many different conductor types ?  What level of drafting detail are you looking for (full 3D models in the standard, or just typical 2D views)?  Are these standards going to require a PE stamp?  What is the timeline that this needs to be completed by?  Are there any key concerns or items that need to be included?  Do you have any flexibility on the 7/10 submittal due date ? Thanks, JARED DELEE, PMP Senior Technical Manager, Project Management WSP Power & Energy 2 Page 281 of 668M +1 913-216-0450 From: Cypress Heide Sent: Thursday, June 18, 2026 12:47 PM To: DeLee, Jared Subject: Construction Standards RFP Good afternoon, IPL is seeking contractor services for the development of new steel construction standards for transmission structures. Please see the attached scope for more details. We’re requesting a proposal (including a cost estimate) by 7/10, estimating project award by 8/17. If you have any questions, just let me know. Thank you, Cypress Heide Engineer 1 Pronouns: He/They O – (816) 325 - 2157 C – (816) 721 - 1839 cheide@indepmo.org NOTICE: This communication and any attachments ("this message") may contain information which is privileged, confidential, proprietary or otherwise subject to restricted disclosure under applicable law. This message is for the sole use of the intended recipient(s). Any unauthorized use, disclosure, viewing, copying, alteration, dissemination or distribution of, or reliance on, this message is strictly prohibited. If you have received this message in error, or you are not an authorized or intended recipient, please notify the sender immediately by replying to this message, delete this message and all copies from your e-mail system and destroy any printed copies. 3 Page 282 of 668 Steel Transmission Construction Standards Proposal Independence, Missouri Submitted to Independence Power & Light Cypress Heide, Engineer I 20201 E. Jackson Dr, Independence, MO 64057 Submitted by Toth & Associates, Inc. 1550 E. Republic Road, Springfield, MO 65804 (417) 888-0654 | tothassociates.com July 10, 2026 Page 1 of 4 Page 283 of 668July 10, 2026 Cypress Heide, Engineer I Independence Power & Light 20201 E. Jackson Dr, Independence, MO 64057 RE: IPL Steel Transmission Construction Standards Proposal Dear Mr. Heide, Toth and Associates, Inc. appreciates the opportunity to provide this proposal to Independence Power & Light for the development of steel transmission construction standards. TOTH values our ongoing relationship with IPL and the opportunity to continue supporting your team. Based on the scope provided, we understand IPL is seeking steel transmission construction standards for future 69kV, 161kV single pole, 161kV H-frame, and 345kV structures. Our proposed scope focuses on developing typical direct-embed steel transmission assembly standards and corresponding material lists to support consistent construction practices and material identification for future IPL transmission projects. The enclosed proposal outlines our understanding of the project, proposed scope of services, deliverables, assumptions, exclusions, and cost for this effort. We look forward to continuing to work with IPL on this important standards development effort. Respectfully, Lewis Wiles, PE Vice President | Transmission Department Manager (417) 888-0645 | lwiles@tothassociates.com Page 2 of 4 Page 284 of 668PROJECT UNDERSTANDING Toth & Associates, Inc. (TOTH) values its ongoing working relationship with Independence Power & Light (IPL) and appreciates the opportunity to continue supporting IPL through this standards development effort. Based on IPL’s request, TOTH understands IPL is seeking to develop steel transmission construction standards for 69kV, 161kV single pole, 161kV H-frame, and 345kV structures. IPL currently maintains wood transmission construction standards; however, new transmission structures are anticipated to be steel poles. The standards will focus on direct-embed steel pole applications and will include corresponding material lists referencing new IPL transmission material stock numbers. The 69kV and 161kV standards are anticipated to be based on steel structure lines IPL has previously constructed, while the 345kV standards will be newly developed to support future 345kV transmission construction. PROPOSED SCOPE OF SERVICES Task Description Kickoff and Reference Review Coordinate with IPL to confirm standards format, available reference drawings, previous steel transmission project information, existing wood standards, material stock number information, and review expectations. Standard Drawing Development Develop typical steel transmission pole-top assembly standard drawings for direct-embed structures. Standards are anticipated to include applicable pole-top assemblies, insulator assemblies, overhead ground wire assemblies, guying assemblies, grounding assemblies, switch assemblies and related attachment details as applicable. Structure Types Included Prepare standards for 69kV single pole, 161kV single pole, 161kV H-frame and 345kV single pole configurations. Material Lists Prepare corresponding material lists for each applicable structure assembly. Material lists will reference IPL transmission material stock numbers where provided by IPL. Review and Final Deliverables Submit draft standards for IPL review, participate in one review meeting, incorporate one consolidated set of IPL comments, and provide final standard drawings and material lists. Page 3 of 4 Page 285 of 668ANTICIPATED STANDARDS / ASSEMBLIES • Tangent, small angle, medium angle, large angle, double-circuit, and deadend structure assemblies for 69kV, 161kV single pole, 161kV H-frame and 345kV single pole configureations. • Pole-mounted switch assembly details (69kV and 161kV). • Overhead and down guy assemblies. • Overhead ground wire assemblies. • Steel pole grounding assemblies. • Assembly drawings to accommodate up to three different conductor sizes, with multiple conductor configurations either on one assembly drawing or through subassembly drawings. • Suggested locations for distribution underbuild and communication attachments to be shown on drawings where practical. • Double-circuit assemblies for each voltage level. • An anticipated total of 65-80 assembly / subassembly drawings. DELIVERABLES, SCHEDULE, AND COST Final steel transmission standard drawings and corresponding material lists in Deliverables mutually agreed electronic formats. TOTH will coordinate with IPL to establish a mutually agreeable schedule Schedule following authorization to proceed and receipt of required reference materials. Proposed Cost: $125,000 Page 4 of 4 Page 286 of 668Page 287 of 668Page 288 of 668Page 289 of 668Page 290 of 668Page 291 of 668Page 292 of 668Page 293 of 668Page 294 of 668Page 295 of 668Page 296 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is recommended to approve expenditures and issue the required purchase orders up to the budgeted amount of $26,356,600 to Cigna for medical and pharmacy administration for Active and Pre-65 Retirees, Met Life for dental insurance coverage and flexible spending account coverage, and UMB for health savings accounts for plan year beginning January 1, 2027 through December 31, 2027. Recommendations: Council approval is recommended Background: Council approved contracts with Cigna for medical and pharmacy administration for Active and Pre-65 Retirees and Met Life Dental on August 5, 2024, following the award of the RFP issued on February 13, 2024. As a self-funded insurance program, Cigna serves as a third-party administrator, providing claims administration, network access, member tools, care management, and other care and wellbeing programs. CBIZ, the city's consultant, conducts an annual analysis to determine required funding levels for the self-insurance plan. This year, the analysis—based on medical claims from July 2024–June 2025 and July 2025–June 2026 determined the current plan design would require a total funding increase of 2.23%, or approximately $513,235 with no plan changes. MetLife Dental is a fully insured program. The contract approved in 2024 included a 7% premium increase beginning in 2027. After reviewing the recommendation from CBIZ, the City Manager determined to move forward with no plan changes and a premium rate increase of 2.23% for the 2027 plan year to Cigna and a 7% increase to dental premiums to MetLife Dental. This adjustment falls substantially below the City's budgeted projection of 10%, made possible by several strong plan years and effective plan management. Page 297 of 668Emergency Justification: Fiscal Impact: Budgeted expenditures in the total amount of $26,356,600 can be found on page 220 of the FY 2026-2027 Proposed Budget Document. Amounts included in the budget document assume full employment. Council Action: Department / Human Resources / Contact REVIEWERS Carissa Smith Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. 2027 Renewal Projections Page 298 of 668CITY OF INDEPENDENCE Stay Well Plan – Final 2027 Projection July 28, 2026 CBIZ.COM Page 299 of 6682027 Final Medical/Rx Funding Projection Assumptions +2.23% / +$513,235 / +$37.88 PEPM Period 1: July 2025 – June 2026; Medical & Rx Claims Used Period 2: July 2024 – June 2025 Weighting of Experience Periods Period 1: 80% / Period 2: 20% Trend Factors Medical: 9.2%, Rx: 11.4% Enrollment / Migration No changes assumed as of June 2026 (1,129) Plan Design Changes No changes included Cigna Admin Fees ~3% increase per 2025 rate proposal 25% Placeholder increase – Individual Stop Loss Stop Loss Increase 5% Placeholder increase – Aggregate Stop Loss Claims Margin Applied Medical: 2%; Rx: 2% Page 300 of 6682027 Final Contributions EE City Total Enrollment EE City Total EE Change OAP 1 20% 20% EE $220.09 $880.35 $1,100.44 131 $224.99 $899.97 $1,124.97 $4.91 EE + Spouse $532.63 $2,130.52 $2,663.15 60 $544.50 $2,178.01 $2,722.51 $11.87 EE + Child(ren) $426.98 $1,707.93 $2,134.91 47 $436.50 $1,746.00 $2,182.49 $9.52 Family $743.91 $2,975.63 $3,719.54 61 $760.49 $3,041.96 $3,802.45 $16.58 OAP 2 18% 18% EE $151.24 $688.97 $840.20 119 $154.61 $704.32 $858.93 $3.37 EE + Spouse $366.00 $1,667.33 $2,033.32 51 $374.16 $1,704.49 $2,078.65 $8.16 EE + Child(ren) $293.41 $1,336.63 $1,630.04 51 $299.95 $1,366.42 $1,666.37 $6.54 Family $511.19 $2,328.75 $2,839.94 111 $522.58 $2,380.65 $2,903.24 $11.39 Local Plus 14% 14% EE $109.65 $673.54 $783.18 148 $112.09 $688.55 $800.64 $2.44 EE + Spouse $265.35 $1,630.00 $1,895.35 38 $271.26 $1,666.33 $1,937.60 $5.91 EE + Child(ren) $212.72 $1,306.70 $1,519.42 68 $217.46 $1,335.83 $1,553.29 $4.74 Family $370.61 $2,276.61 $2,647.22 103 $378.87 $2,327.35 $2,706.22 $8.26 Base Plan 13% 13% EE $0.00 $672.72 $672.72 118 $0.00 $687.72 $687.72 $0.00 EE + Spouse $211.65 $1,416.40 $1,628.04 8 $216.36 $1,447.97 $1,664.33 $4.72 EE + Child(ren) $169.67 $1,135.47 $1,305.14 5 $173.45 $1,160.78 $1,334.23 $3.78 Family $295.60 $1,978.27 $2,273.88 10 $302.19 $2,022.37 $2,324.56 $6.59 Annual Total $3,828,609 $19,197,185 $23,025,793 1,129 $3,913,947 $19,625,082 $23,539,029 Change $85,338 $427,897 $513,235 Change 2.23% 2.23% 2.23% Page 301 of 668 Current Plan Designs In-Network Benefits OAP 1 OAP 2 Local Plus Base Plan Network OAP OAP Local Plus OAP Deductible $2,500 / $5,500 $2,000 / $4,000 $1,750 / $3,500* $3,500 / $7,000 Individual / Family HSA Contribution N/A $600 / $1,200 $700 / $1,400 $0 Member Coinsurance 20% 20% 20% 20% Out-of-Pocket Maximum $5,500 / $11,000 $4,000 / $8,000 $3,500 / $7,000 $7,000 / $14,000 Individual / Family Physician Visits $45/$80 Deductible then 20% Deductible then 20% Deductible then 20% Office (PCP/Specialist) Preventative Care 100% Covered 100% Covered 100% Covered 100% Covered $100 copay / Urgent Care / ER $300 copay, then Ded Deductible then 20% Deductible then 20% Deductible then 20% then 20% $200 copay, then Inpatient / Outpatient Deductible then 20% Deductible then 20% Deductible then 20% Deductible then 20% Prescription Drug Level 1/ Level 2 / Level 3 / $15/$40/$75/$200 Deductible then 20% Deductible then 20% Deductible then 20% Specialty *2027 IRS minimum deductible for HDHP is $1,750. This deductible will likely need to increase in 2028. Page 302 of 668Calculated Renewal History 25.0% 2023, 22.90% 23.0% 2022, 21.90% 21.0% 19.0% 17.0% 15.0% July 2021, 16.30% 13.0% July 2021, 10.00% 11.0% 2022, 8.00% 2024, 9.83% 2025, 9.00% 2026, 10.00% 9.0% 2023, 10.30% 2026, 8.89% 7.0% 2024, 9.83% 2025, 7.34% 5.0% July 2021 2022 2023 2024 2025 2026 Final Renewal Renewal Average 6-year renewal average: 9.2% increase Page 303 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize a contract renewal with Cigna for Post-65 Medicare Surround insurance plans for a 39% increase to the Custom Plan, a 17% to Plan G, and a 9% increase to Plan F for the plan year beginning January 1, 2027, through December 31, 2027. Recommendations: Council approval is recommended. Background: Cigna was awarded the contract in 2024 after a RFP with options to renew the contract in future years. Cigna has been a good partner to the City and retirees are accustomed to their insurance benefits. Cigna has given a 39% increase to the Custom Plan, a 9% increase to the F Plan, and a 17% increase to the G Plan for 2027. Currently, the City pays 80% of the Custom plan. Emergency Justification: Fiscal Impact: The estimated increase for the City is $638,005.20 for the Medicare Surround plans. Funding for Retiree Health Insurance can be found in the FY 2026-2027 Proposed Budget Document, page 40, for the total amount of $8,658,199 inclusive of pre-65 and post-65 retirees. Council Action: Page 304 of 668 Department / Human Resources / Contact REVIEWERS Carissa Smith Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. 2027 Renewal Page 305 of 668 Cigna Healthcare® Financial Proposal for City of Independence, Missouri Effective Date: January 1, 2027 Date: August 27, 2026 1 © 2026 Cigna HealthCare Page 306 of 668 Cigna Healthcare Cigna Medicare Surround Financial Proposal Account Name: City of Independence, Missouri Account Number: 3333229 Effective Date: January 1, 2027 End Date: December 31, 2027 Quote Date: August 27, 2026 Funding Type: Guaranteed Cost Covered Lives Medicare Eligible Retirees 679 Medicare Eligible Members 955 Average Contract Size 1.41 Total Account Eligible Subscribers 1,808 Percent Medicare Eligible 37.6% Plan Name(s) Premium PMPM Single PEPM Two-Party PEPM EE + Family Custom Plan $235.82 $235.82 $471.65 $707.47 Med Supp Plan F $306.67 $306.67 $613.34 $920.01 Med Supp Plan G $259.90 $259.90 $519.81 $779.71 Only Medicare eligible beneficiaries enrollled in Medicare are covered under this plan. 2 © 2026 Cigna HealthCare Page 307 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 Important Notice: Your Cigna Healthcare® Retiree Indemnity Medical plan follows Medicare standard coverage guidelines. The benefits covered under this plan are limited to expenses approved by Medicare but not paid by Medicare (unless otherwise noted below).  Your plan may help pay your Medicare Part A and Part B deductibles, copayments, and coinsurance amounts (unless otherwise noted). Plan Highlights Custom Lifetime Maximum Unlimited Applies to all Part A and Part B expenses. Annual Maximum Unlimited Applies to all Part A and Part B expenses. Plan Coinsurance Part A expenses 80% Part B expenses 80% Plan Accumulation Period Calendar year Applies to plan deductible and plan out-of-pocket maximum. Plan Deductible $800 Plan deductible applies to: Part A and B covered expenses Plan deductible applies to services with benefit deductibles (copays): No Plan Out-of-Pocket Maximum $3,000 Out-of-pocket applies to: Part A and B covered expenses Out-of-pocket includes plan deductible: Yes Out-of-pocket includes benefit deductibles (copays): Yes Out-of-pocket includes coinsurance: Yes Maximum Reimbursable Charge (MRC) Option 80th percentile  Applies to buy-up benefits. Customer Pays Cigna Pays Medicare Part A Expenses Medicare Pays (After Medicare and (After Medicare Pays) Cigna Pays) Inpatient Hospital - Facility Services: Semi-private room and board, general nursing and miscellaneous services and supplies.  A new benefit period begins each time you are out of the hospital more than 60 days. First 60 days: All but $1,736 Cigna pays all remaining costs $200 per admission copay Part A Deductible after Customer per admission copay 61st-90th day: All but $434 a day 80% after plan deductible 20% after plan deductible 91st day and after (while using 60 lifetime reserve days): All but $868 a day 80% after plan deductible 20% after plan deductible Inpatient Hospital - Facility Services Buy-up,  additional 365 days once 0% 80% after plan deductible 20% after plan deductible lifetime reserve days are used: Inpatient Mental Health and Substance Abuse Same as Inpatient Hospital services noted above. First 60 days: All but $1,736 Cigna pays all remaining costs $200 per admission copay Part A Deductible after Customer per admission copay 61st-90th day: All but $434 a day 80% after plan deductible 20% after plan deductible 91st day and after (while using 60 lifetime reserve days): All but $868 a day 80% after plan deductible 20% after plan deductible Inpatient Mental Health and Substance Abuse Buy-up, once lifetime 0% 80% after plan deductible 20% after plan deductible reserve days are used: Coverage Limit: 190 days per lifetime in a No Limit No Limit psychiatric hospital Blood First 3 pints: 0% 80% after plan deductible 20% after plan deductible Additional amounts: 100% 0% 0% Skilled Nursing Facility: Includes Skilled Nursing Facility; Rehabilitation Hospital; and sub-acute Facilities.  A beneficiary must have been in a hospital for at least 3 days and entered a Medicare-approved facility within 30 days after leaving the hospital. First 20 days: All approved amounts 0% 0% 21st thru 100th day: All but $217.00 a day 80% after plan deductible 20% after plan deductible Skilled Nursing Facility Buy-up, 101st thru 365th day: 0% 80% after plan deductible 20% after plan deductible Home Health Care 100% 0% 0% Medically necessary skilled care services and medical supplies. Hospice Care 100% except $5 per outpatient 80% after plan deductible 20% after plan deductible Medicare requires that you be terminally ill to be eligible for hospice prescription and 5% of inpatient benefits. respite care 3 © 2026 Cigna HealthCare Page 308 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 Customer Pays Cigna Pays Medicare Part B Expenses Medicare Pays (After Medicare and (After Medicare Pays) Cigna Pays) Medical Expenses: In or Out of the Hospital and Outpatient Hospital Treatment.  Includes hospital charges for outpatient care, physician’s charges for inpatient care, physician’s charges for outpatient care, and other home and office visits, physical and speech therapy. Medicare Part B Deductible 0% 80% after plan deductible 20% after plan deductible Remaining Part B Coinsurance Generally 80% 80% after plan deductible 20% after plan deductible Part B Excess Charges (Medicare Limiting Charges) 0% 80% after plan deductible 20% after plan deductible Above Medicare Approved Amounts Physician Services - Office Visits and Virtual Care Primary Care Physician (PCP) Office Visit and Virtual Visits 80% after Part B deductible Cigna pays all remaining costs $35 per visit copay after Customer per visit copay Specialty Care Physician (SCP) Office Visit and Virtual Visits 80% after Part B deductible Cigna pays all remaining costs $45 per visit copay after Customer per visit copay Laboratory and Radiology Services in a Physician's Office 100% for Clinical Lab Services, Cigna pays all remaining costs PCP/SCP per visit copay applies 80% after Part B deductible for after Customer per visit copay Radiology Services Surgery Performed in a Physician's Office 80% after Part B deductible Cigna pays all remaining costs PCP/SCP per visit copay applies after Customer per visit copay Allergy Treatment/Injections 80% after Part B deductible Cigna pays all remaining costs PCP/SCP per visit copay applies after Customer per visit copay Second Opinion Consultations 80% after Part B deductible Cigna pays all remaining costs PCP/SCP per visit copay applies after Customer per visit copay MDLIVE Urgent Virtual Care Services 0% Cigna pays all remaining costs PCP/SCP per visit copay applies after Customer per visit copay Inpatient Physician Services Inpatient Hospital Physician Visits and Consultations 80% after Part B deductible 80% after plan deductible 20% after plan deductible Includes mental health and substance use disorder. Inpatient Professional Services 80% after Part B deductible 80% after plan deductible 20% after plan deductible For services performed by surgeons, anesthesiologists, radiologists, and pathologists. Outpatient Mental Health and Substance Use Disorder Services Mental Health and Substance Use Disorder 80% after Part B deductible Cigna pays all remaining costs $35 per visit copay Includes partial hospitalization, outpatient behavioral health integration after Customer per visit copay services, and opioid treatment programs. Preventive Care Services Preventive Care Services Generally 100% 100% 0% Includes Medicare-covered Preventive Exams, Counseling, Early Cancer Screenings, and Other Preventive Screenings Preventive Care Services Buy-up 0% 100% 0% Services not covered by Medicare Annual Maximum: Unlimited No limits apply Immunizations Generally 100% 100% 0% Includes Medicare-covered shots such as COVID-19 vaccine, Flu, Pneumonia, and Hepatitis B Immunizations Covered by Medicare Part D Buy-up 0% Not Covered. Covered under Part 100% Includes Shingles, Respiratory Syncytial Virus (RSV), and Tetanus- D plan. Diphtheria-Whooping Cough Vaccines Emergency and Urgent Care Services Hospital Emergency Room 80% after Part B deductible Cigna pays all remaining costs $150 per visit copay after Customer per visit copay Urgent Care Facility 80% after Part B deductible Cigna pays all remaining costs $50 per visit copay after Customer per visit copay Ambulance 80% after Part B deductible 80% after plan deductible 20% after plan deductible Follows Medicare covered guidelines 4 © 2026 Cigna HealthCare Page 309 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 Outpatient Facility Services Outpatient Non Surgical Facility 80% after Part B deductible 80% after plan deductible 20% after plan deductible Includes chemotherapy, radiation therapy, x-ray/lab services, dialysis, etc. when done in the outpatient department of the hospital. Outpatient Surgical Facility and Free Standing Ambulatory Surgical 80% after Part B deductible 80% after plan deductible 20% after plan deductible Center Outpatient Professional Services 80% after Part B deductible 80% after plan deductible 20% after plan deductible For services performed by surgeons, anesthesiologists, radiologists, and pathologists. Blood First 3 pints: 0% 80% after plan deductible 20% after plan deductible Additional amounts: 80% after Part B deductible 80% after plan deductible 20% after plan deductible Diagnostic Laboratory and Radiology Services Diagnostic Laboratory Services 100% for Clinical Labs 80% after plan deductible 20% after plan deductible Includes certain blood tests, urinalysis, tests on tissue specimens, and 80% after Part B deductible for some screening tests. all other Labs Diagnostic Radiology Services 80% after Part B deductible 80% after plan deductible 20% after plan deductible Includes X-rays, CT Scans, MRIs, and PET Scans. Outpatient Therapy Services Outpatient Short Term Rehabilitation 80% after Part B deductible Cigna pays all remaining costs $35 per visit copay Follows Medicare standard guidelines. Includes Physical Therapy, after Customer per visit copay Occupational Therapy, and Speech Therapy. Therapy Maximum: No limit for medically necessary Medicare limits apply All costs over Medicare limits services Chiropractic Care 80% after Part B deductible Cigna pays all remaining costs $45 per visit copay Follows Medicare standard guidelines. after Customer per visit copay Maximum: Unlimited Cardiac Rehabilitation Services 80% after Part B deductible Cigna pays all remaining costs $35 per visit copay Follows Medicare standard guidelines. after Customer per visit copay Acupuncture Services 80% after Part B deductible Cigna pays all remaining costs $45 per visit copay Follows Medicare standard guidelines. after Customer per visit copay Acupuncture   Not Covered Additional services not covered By Medicare. Benefit (Coinsurance): 0% Not covered All costs Maximum Visits:   Not applicable Not applicable Podiatry Services Diagnostic Office Visit 80% after Part B deductible Cigna pays all remaining costs $45 per visit copay Foot exams if you have diabetes-related nerve damage, or for foot injuries after Customer per visit copay or diseases. Other Covered Services 80% after Part B deductible Covered the same as any other Covered the same as any other Medically necessary treatment if you have diabetes-related nerve damage, illness illness or for foot injuries or diseases. Routine Foot Care   Not Covered Other than services associated with foot care for diabetes and peripheral vascular disease. Benefit (Coinsurance): 0% 0% All costs Annual Maximum:   Not applicable Not applicable Medical Equipment, Supplies and Part B Drugs Durable Medical Equipment (DME) 80% after Part B deductible 80% after plan deductible 20% after plan deductible Follows Medicare standard guidelines. Includes nebulizers, infusion pumps, oxygen and oxygen equipment, wheelchairs, crutches, hospital beds, and other equipment that can last under repeated use, usually in your home. Maximum: Unlimited External Prosthetic Appliances 80% after Part B deductible 80% after plan deductible 20% after plan deductible Follows Medicare standard guidelines. Includes ostomy supplies, cardiac pacemakers, braces, artificial limbs, orthotics, or other things that replace damaged, missing or non-working parts of the body. Maximum: Unlimited 5 © 2026 Cigna HealthCare Page 310 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 Diabetic Supplies and Services 80% after Part B deductible 80% after plan deductible 20% after plan deductible Follows Medicare standard guidelines. Includes Glucose Monitors, Test Strips, and Lancets. Part B Prescription Drugs 80% after Part B deductible 80% after plan deductible 20% after plan deductible Follows Medicare standard guidelines. Includes but not limited to: inhaled nebulizer medications, injectable drugs/IV drugs, antigens (allergy serum), osteoporosis drugs, erythropoisis, blood clotting factors, immunosuppressive drugs, oral cancer drugs, oral anti-nausea drugs. Other Health Care Services Home Health Care 80% after Part B deductible 80% after plan deductible 20% after plan deductible Medically necessary skilled care services and medical supplies. Bariatric Surgery Covered the same as any other Covered the same as any other Covered the same as any other Medicare covers some bariatric surgeries such as gastric bypass surgery illness illness illness and laparoscopic banding when certain morbid obesity conditions are met. Organ Transplants Covered the same as any other Covered the same as any other Covered the same as any other Includes all medically appropriate, non-experimental transplants as illness illness illness determined by Medicare.  Travel expenses are not covered. Maternity Care Services Covered the same as any other Covered the same as any other Covered the same as any other Includes pregnancy and childbirth services. illness illness illness Dental Care Services Dental Care Services Covered the same as any other Covered the same as any other Covered the same as any other Limited to Medicare covered services. illness illness illness Routine Dental Services 0% 0% All costs Includes routine cleanings, fillings, crowns, or other services like dentures or tooth extractions. Hearing Care Services Diagnostic Hearing Services 80% after Part B deductible Cigna pays all remaining costs $45 per visit copay after Customer per visit copay Routine Hearing Exam   Covered Benefit (Coinsurance): 0% Cigna pays all remaining costs $45 per visit copay after Customer per visit copay Limit:   1 exam every year All costs over the plan limit Hearing Aids   Covered Benefit (Coinsurance): 0% 100% after plan deductible 0% after plan deductible Number of Devices per Duration Limit:   1 per 36 months All costs over the plan limit Dollar Maximum:   Unlimited No dollar limits apply Vision Care Services Diagnostic Eye Exams 80% after Part B deductible Cigna pays all remaining costs $45 per visit copay after Customer per visit copay Routine Eye Exams 0% 0% All costs Corrective Lenses after Cataract Surgery 80% after Part B deductible 80% after plan deductible 20% after plan deductible Routine Eye Wear 0% 0% All costs Customer Pays Cigna Pays Additional Benefits Not Covered by Medicare (Buy-ups) Medicare Pays (After Medicare and (After Medicare Pays) Cigna Pays) Foreign Travel   Covered Medically necessary emergency care services beginning during the first 60 days of each trip outside the USA. Separate Foreign Travel Deductible: 0% Not Applicable Not Applicable Benefit (Coinsurance): 0% 80% 20% Lifetime Maximum: Unlimited No limits apply At Home Recovery Services   Not Covered Home Health Aides not covered by Medicare Per Visit Maximum: 0% Not applicable Not applicable Annual Maximum:   Not applicable Not applicable Scalp Prosthesis (Wigs)   Not Covered Benefit (Coinsurance): 0% 0% All costs Annual Maximum   Not applicable Not applicable TMJ - Surgical and Non-surgical:   Not Covered Benefit (Coinsurance): 0% 0% All costs Lifetime Maximum (applies to non-surgical expenses only):   Not applicable Not applicable 6 © 2026 Cigna HealthCare Page 311 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 State Mandated Benefits Medicare Pays Cigna Pays Customer Pays AUTISM SPECTRUM DISORDER 0% (After Medicare100% Pays) (After Medicare0% and Services to treat autism for individuals includes habilitative and Cigna Pays) rehabilitative speech, physical and occupational therapy services and includes Applied Behavior Analysis (ABA therapy) to age 19. MAMMOGRAMS, RADIOLOGICAL SCREENING 0% 100% 0% Includes an annual supplemental breast cancer screening when Medically Necessary for a woman who is at an increased risk of breast cancer. MENTAL HEALTH/SUBSTANCE USE DISORDER 0% Same as inpatient hospital benefit Same as inpatient hospital benefit Inpatient Mental Health Services and Inpatient Substance Use Disorder includes services provided in Residential Treatment Centers not covered by Medicare. 7 © 2026 Cigna HealthCare Page 312 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 Definitions Benefit Period The way that Original Medicare measures your use of hospital and skilled nursing facility (SNF) services. A benefit period begins the day you go to a hospital or skilled nursing facility.  The benefit period ends when you haven’t received any inpatient hospital care (or skilled care in a SNF) for 60 days in a row. If you go into a hospital or a skilled nursing facility after one benefit period has ended, a new benefit period begins. Coinsurance After you have met your deductible for the year, you and your benefit plan will share the cost of covered expenses.  The part you are responsible to pay is called coinsurance. Copay/Benefit Deductible A fixed charge for specific services like doctor visits.  You may be responsible to pay all or a portion of this charge. Deductible The amount you must pay before the plan begins to reimburse for covered expenses. Lifetime Reserve Days In Original Medicare, these are additional days that Medicare will pay for when you are in a hospital for more than 90 days. You have a total of 60 reserve days that can be used during your lifetime. For each lifetime reserve day, Medicare pays all covered costs except for a daily coinsurance. Limiting Charge In Original Medicare, the highest amount of money you can be charged for a covered service by doctors and other health care suppliers who don’t accept assignment. The limiting charge is 15% over Medicare’s Allowable Amount. Maximum Reimbursable Charge (MRC) Option When you receive care for services not covered by Medicare but covered under your plan, there’s a limit to the amount of money that will be reimbursed. This amount is called the maximum reimbursable charge. When determining maximum reimbursable charge, Cigna considers the service fees charged by doctors and other health care professionals in your area. We also look at similar data provided by most other major U.S. health service companies. Note: The provider may bill you for the difference between the provider’s normal charge and the Maximum Reimbursable Charge, in addition to any applicable deductibles and coinsurance. Medically Necessary Services or supplies that are needed for the diagnosis or treatment of your medical condition and meet accepted standards of medical practice. Medicare Approved Amount In Original Medicare, this is the amount a doctor or supplier that accepts assignment can be paid. It includes what Medicare pays and any deductible, coinsurance, or copay that you pay. It may be less than the actual amount a doctor or supplier charges. Out-of-Pocket Maximum Out-of-pocket limits protect you from unexpected cost.  After you reach the plan out-of-pocket limit, covered services will be reimbursed for the remainder of the year at 100%, or no cost to you. Part B Drugs Some medicines are covered under your medical plan rather than your prescription drug plan. These drugs are know as Part B drugs, and include but are not limited to: antigens (allergy serum), osteoporosis drugs, erythropoisis, blood clotting factors, injectable drugs, immunosuppressive drugs, oral cancer drugs, oral anti-nausea drugs. Preventive Care Services Health care to prevent illness or detect illness at an early stage, when treatment is likely to work best for example pap tests, flu shots, prostate cancer screening, colonoscopy; etc. Semi-Private Room A hospital room shared by you and one other person. ` Benefit Exclusions (by way of example but not limited to): Your plan provides coverage for medically necessary services. Your plan does not provide coverage for the following except as required by law. Additional coverage limitations determined by plan or provider type are shown in the Schedule.  Payment for the following is specifically excluded from this plan: 1) Any expense that is: a) Not a Medicare Eligible Expense; or b) beyond the limits imposed by Medicare for such expense; or c) excluded by name or specific description by Medicare; except as specifically provided under the “Covered Expenses” section 2) Any portion of a Covered Expense to the extent paid or payable by Medicare; 3) Any benefits payable under one benefit of this plan to the extent payable under another benefit of this plan; 4) Covered Expenses incurred after coverage terminates. In addition, the following exclusions apply to any service that is a covered expense under this plan, but is not covered by Medicare. 6) Expenses for supplies, care, treatment, or surgery that are not Medically Necessary. 7) To the extent that you or any one of your Dependents is in any way paid or entitled to payment for those expenses by or through a public program, other than Medicaid. 8) To the extent that payment is unlawful where the person resides when the expenses are incurred. 9) Charges made by a Hospital owned or operated by or which provides care or performs services for, the United States Government, if such charges are directly related to a military-service-connected Injury or Sickness. 10) For or in connection with an Injury or Sickness which is due to war, declared or undeclared. 11) Charges which you are not obligated to pay or for which you are not billed or for which you would not have been billed except that they were covered under this plan. 8 © 2026 Cigna HealthCare Page 313 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 12) For or in connection with experimental, investigational or unproven services. Experimental, investigational and unproven services are medical, surgical, diagnostic, psychiatric, substance abuse or other health care technologies, supplies, treatments, procedures, drug therapies or devices that are determined to be: a)  not demonstrated, through existing peer-reviewed, evidence-based, scientific literature to be safe and effective for treating or diagnosing the condition or sickness for which its use is proposed; b)  not approved by the U.S. Food and Drug Administration (FDA) or other appropriate regulatory agency to be lawfully marketed for the proposed use; c)  the subject of review or approval by an Institutional Review Board for the proposed use except as provided in the “Clinical Trials” section of this plan; or d)  the subject of an ongoing phase I, II or III clinical trial, except as provided in the “Clinical Trials” section of this plan. 13) Cosmetic surgery and therapies. Cosmetic surgery or therapy is defined as surgery or therapy performed to improve or alter appearance or self-esteem or to treat psychological symptomatology or psychosocial complaints related to one’s appearance. 14) Unless otherwise covered in this plan, for reports, evaluations, physical examinations, or hospitalization not required for health reasons including, but not limited to, employment, insurance or government licenses, and court-ordered, forensic or custodial evaluations. 15) Court-ordered treatment or hospitalization, unless such treatment is prescribed by a Physician and listed as covered in this plan. 16) Private Hospital rooms and/or private duty nursing. 17) Personal or comfort items such as personal care kits provided on admission to a Hospital, television, telephone, newborn infant photographs, complimentary meals, birth announcements, and other articles which are not for the specific treatment of an Injury or Sickness. 18) Blood administration for the purpose of general improvement in physical condition. 19) For or in connection with an Injury or Sickness arising out of, or in the course of, any employment for wage or profit. 20) Massage therapy. 21) Charges made by any covered provider who is a member of your family or your Dependent’s family. 22) To the extent that they are more than Maximum Reimbursable Charges. 23) Expenses incurred outside the United States unless you or your Dependent is a U.S. resident and the charges are incurred while traveling on business or for pleasure. These are only the highlights This summary outlines the highlights of your plan. For a complete list of both covered and not-covered services, including benefits required by your state, see your employer's insurance certificate or summary plan description -- the official plan documents.  If there are any differences between this summary and the plan documents, the information in the plan documents takes precedence. Note: This summary of benefits reflects 2026 Medicare Part A and Part B Deductible and Coinsurance amounts which are subject to change each calendar year. If you have more questions about Medicare eligibility, benefits and coverage positions, you can refer to the Medicare & You Handbook. The Medicare & You Handbook is mailed directly to beneficiaries when they become covered under Medicare.  A copy of the handbook can be obtained from your local Social Security Administration office or you can go to www.medicare.gov website. Cigna Healthcare products and services are provided exclusively by or through operating subsidiaries of The Cigna Group including Cigna Health and Life Insurance Company (Bloomfield, CT).  Cigna Medicare Surround is an employer-sponsored group retiree medical plan that supplements Medicare. It is NOT a standardized Medicare Supplement (Medigap) plan and is NOT offered under a contract with the federal government. © 2026 Cigna HealthCare Version - 202512_001 9 © 2026 Cigna HealthCare Page 314 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 Important Notice: Your Cigna Healthcare® Retiree Indemnity Medical plan follows Medicare standard coverage guidelines. The benefits covered under this plan are limited to expenses approved by Medicare but not paid by Medicare (unless otherwise noted below).  Your plan may help pay your Medicare Part A and Part B deductibles, copayments, and coinsurance amounts (unless otherwise noted). Plan Highlights Standard Plan F Lifetime Maximum Unlimited Applies to all Part A and Part B expenses. Annual Maximum Unlimited Applies to all Part A and Part B expenses. Plan Coinsurance Part A expenses 100% Part B expenses 100% Plan Accumulation Period Calendar year Applies to plan deductible and plan out-of-pocket maximum. Plan Deductible Not applicable Plan deductible applies to: Not applicable Plan deductible applies to services with benefit deductibles (copays): Not applicable Plan Out-of-Pocket Maximum Not applicable Out-of-pocket applies to: Not applicable Out-of-pocket includes plan deductible: Not applicable Out-of-pocket includes benefit deductibles (copays): Not applicable Out-of-pocket includes coinsurance: Not applicable Maximum Reimbursable Charge (MRC) Option 80th percentile Applies to buy-up benefits. Customer Pays Cigna Pays Medicare Part A Expenses Medicare Pays (After Medicare and (After Medicare Pays) Cigna Pays) Inpatient Hospital - Facility Services: Semi-private room and board, general nursing and miscellaneous services and supplies.  A new benefit period begins each time you are out of the hospital more than 60 days. First 60 days: All but $1,736 100% 0% Part A Deductible 61st-90th day: All but $434 a day 100% 0% 91st day and after (while using 60 lifetime reserve days): All but $868 a day 100% 0% Inpatient Hospital - Facility Services Buy-up 0% 100% 0% Additional 365 days once lifetime reserve days are used: Inpatient Mental Health and Substance Abuse Same as Inpatient Hospital services noted above. First 60 days: All but $1,736 100% 0% Part A Deductible 61st-90th day: All but $434 a day 100% 0% 91st day and after (while using 60 lifetime reserve days): All but $868 a day 100% 0% Inpatient Mental Health and Substance Abuse Buy-up 0% 100% 0% Once lifetime reserve days are used: Coverage Limit: 190 days per lifetime in a No limit No limit psychiatric hospital Blood First 3 pints: 0% 100% 0% Additional amounts: 100% 0% 0% Skilled Nursing Facility: Includes Skilled Nursing Facility; Rehabilitation Hospital; and sub-acute Facilities.  A beneficiary must have been in a hospital for at least 3 days and entered a Medicare-approved facility within 30 days after leaving the hospital. First 20 days: All approved amounts Not paid by plan. 0% Paid in full by Medicare. 21st thru 100th day: All but $217.00 a day 100% 0% Skilled Nursing Facility Buy-up 0% 0% All costs 101st thru 365th day: Home Health Care 100% 0% 0% Medically necessary skilled care services and medical supplies. Hospice Care 100% except $5 per outpatient 100% 0% Medicare requires that you be terminally ill to be eligible for hospice prescription and 5% of inpatient benefits. respite care © 2026 Cigna HealthCare 10 Page 315 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 Customer Pays Cigna Pays Medicare Part B Expenses Medicare Pays (After Medicare and (After Medicare Pays) Cigna Pays) Medical Expenses: In or Out of the Hospital and Outpatient Hospital Treatment.  Includes hospital charges for outpatient care, physician’s charges for inpatient care, physician’s charges for outpatient care, and other home and office visits, physical and speech therapy. Medicare Part B Deductible 0% 100% 0% Remaining Part B Coinsurance Generally 80% 100% 0% Part B Excess Charges (Medicare Limiting Charges) Buy-up 0% 100% 0% Above Medicare Approved Amounts Physician Services - Office Visits and Virtual Care Primary Care Physician Office Visit and Virtual Visits 80% after Part B deductible 100% 0% Specialty Care Physician Office Visit and Virtual Visits 80% after Part B deductible 100% 0% Laboratory and Radiology Services in a Physician's Office 100% for Clinical Lab Services, 100% 0% 80% after Part B deductible for Radiology Services Surgery Performed in a Physician's Office 80% after Part B deductible 100% 0% Allergy Treatment/Injections 80% after Part B deductible 100% 0% Second Opinion Consultations 80% after Part B deductible 100% 0% MDLIVE Urgent Virtual Care Services 0% 100% 0% Inpatient Physician Services Inpatient Hospital Physician Visits and Consultations 80% after Part B deductible 100% 0% Includes mental health and substance use disorder. Inpatient Professional Services 80% after Part B deductible 100% 0% For services performed by surgeons, anesthesiologists, radiologists, and pathologists. Outpatient Mental Health and Substance Use Disorder Services Mental Health and Substance Use Disorder 80% after Part B deductible 100% 0% Includes partial hospitalization, outpatient behavioral health integration services, and opioid treatment programs. Preventive Care Services Preventive Care Services Generally 100% 100% 0% Includes Medicare-covered Preventive Exams, Counseling, Early Cancer Screenings, and Other Preventive Screenings Preventive Care Services Buy-up 0% 0% 100% Services not covered by Medicare Annual Maximum: Not applicable Not applicable Immunizations Generally 100% 100% 0% Includes Medicare-covered shots such as COVID-19 vaccine, Flu, Pneumonia, and Hepatitis B Immunizations Covered by Medicare Part D Buy-up 0% 0% 100% Includes Shingles, Respiratory Syncytial Virus (RSV), and Tetanus- Diphtheria-Whooping Cough Vaccines Emergency and Urgent Care Services Hospital Emergency Room 80% after Part B deductible 100% 0% Urgent Care Facility 80% after Part B deductible 100% 0% Ambulance 80% after Part B deductible 100% 0% Follows Medicare covered guidelines Outpatient Facility Services Outpatient Non Surgical Facility 80% after Part B deductible 100% 0% Includes chemotherapy, radiation therapy, x-ray/lab services, dialysis, etc. when done in the outpatient department of the hospital. Outpatient Surgical Facility and Free Standing Ambulatory Surgical 80% after Part B deductible 100% 0% Center Outpatient Professional Services 80% after Part B deductible 100% 0% For services performed by surgeons, anesthesiologists, radiologists, and pathologists. Blood First 3 pints: 0% 100% 0% Additional amounts: 80% after Part B deductible 100% 0% © 2026 Cigna HealthCare 11 Page 316 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 Diagnostic Laboratory and Radiology Services Diagnostic Laboratory Services 100% for Clinical Labs 100% 0% Includes certain blood tests, urinalysis, tests on tissue specimens, and 80% after Part B deductible for some screening tests. all other Labs Diagnostic Radiology Services 80% after Part B deductible 100% 0% Includes X-rays, CT Scans, MRIs, and PET Scans. Outpatient Therapy Services Outpatient Short Term Rehabilitation 80% after Part B deductible 100% 0% Follows Medicare standard guidelines. Includes Physical Therapy, Occupational Therapy, and Speech Therapy. Therapy Maximum: No limit for medically necessary No limit No limit services Chiropractic Care 80% after Part B deductible 100% 0% Follows Medicare standard guidelines. Maximum: Unlimited Cardiac Rehabilitation Services 80% after Part B deductible 100% 0% Follows Medicare standard guidelines. Acupuncture Services 80% after Part B deductible 100% 0% Follows Medicare standard guidelines. Acupuncture Services Buy-up   Not covered Additional services not covered By Medicare. Benefit (Coinsurance): 0% 0% All costs Maximum Visits:   Not applicable Not applicable Podiatry Services Diagnostic Office Visit 80% after Part B deductible 100% 0% Foot exams if you have diabetes-related nerve damage, or for foot injuries or diseases. Other Covered Services 80% after Part B deductible 100% 0% Medically necessary treatment if you have diabetes-related nerve damage, or for foot injuries or diseases. Routine Foot Care Buy-up   Not covered Other than services associated with foot care for diabetes and peripheral vascular disease. Benefit (Coinsurance): 0% 0% All costs Annual Maximum:   Not applicable Not applicable Medical Equipment, Supplies and Part B Drugs Durable Medical Equipment (DME) 80% after Part B deductible 100% 0% Follows Medicare standard guidelines. Includes nebulizers, infusion pumps, oxygen and oxygen equipment, wheelchairs, crutches, hospital beds, and other equipment that can last under repeated use, usually in your home. Maximum: Unlimited External Prosthetic Appliances 80% after Part B deductible 100% 0% Follows Medicare standard guidelines. Includes ostomy supplies, cardiac pacemakers, braces, artificial limbs, orthotics, or other things that replace damaged, missing or non-working parts of the body. Maximum: Unlimited Diabetic Supplies and Services 80% after Part B deductible 100% 0% Follows Medicare standard guidelines. Includes Glucose Monitors, Test Strips,  and Lancets. Part B Prescription Drugs 80% after Part B deductible 100% 0% Follows Medicare standard guidelines. Includes but not limited to: inhaled nebulizer medications, injectable drugs/IV drugs, antigens (allergy serum), osteoporosis drugs, erythropoisis, blood clotting factors, immunosuppressive drugs, oral cancer drugs, oral anti-nausea drugs. Other Health Care Services Home Health Care 80% after Part B deductible 100% 0% Medically necessary skilled care services and medical supplies. Bariatric Surgery Covered the same as any other Covered the same as any other Covered the same as any other Medicare covers some bariatric surgeries such as gastric bypass surgery illness illness illness and laparoscopic banding when certain morbid obesity conditions are met. Organ Transplants Covered the same as any other Covered the same as any other Covered the same as any other Includes all medically appropriate, non-experimental transplants as illness illness illness determined by Medicare.  Travel expenses are not covered. Maternity Care Services Covered the same as any other Covered the same as any other Covered the same as any other Includes pregnancy and childbirth services. illness illness illness © 2026 Cigna HealthCare 12 Page 317 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 Dental Care Services Dental Care Services Covered the same as any other Covered the same as any other Covered the same as any other Limited to Medicare covered services. illness illness illness Routine Dental Services 0% 0% All costs Includes routine cleanings, fillings, crowns, or other services like dentures or tooth extractions. Hearing Care Services Diagnostic Hearing Services 80% after Part B deductible 100% 0% Routine Hearing Exam Buy-up   Covered Benefit (Coinsurance): 0% 100% 0% Limit:   1 per year All costs over the plan limit Hearing Aids Buy-up   Covered Benefit (Coinsurance): 0% 100% 0% Number of Devices per Duration Limit:   1 per 36 months All costs over the plan limit Dollar Maximum:   Unlimited No dollar limits apply Vision Care Services Diagnostic Eye Exams 80% after Part B deductible 100% 0% Routine Eye Exams 0% 0% All costs Corrective Lenses after Cataract Surgery 80% after Part B deductible 100% 0% Routine Eye Wear 0% 0% All costs Customer Pays Cigna Pays Additional Benefits Not Covered by Medicare (Buy-ups) Medicare Pays (After Medicare and (After Medicare Pays) Cigna Pays) Foreign Travel Buy-up   Covered Medically necessary emergency care services beginning during the first 60 days of each trip outside the USA. Separate Foreign Travel Deductible: 0% $0 $250 Benefit (Coinsurance): 0% 80% 20% Lifetime Maximum:   $50,000 per lifetime All costs once Cigna pays $50,000 At Home Recovery Services Buy-up   Not covered Home Health Aides not covered by Medicare Per Visit Maximum: 0% Not applicable Not applicable Annual Maximum:   Not applicable Not applicable Scalp Prosthesis (Wigs)   Not covered Benefit (Coinsurance): 0% 0% All costs Annual Maximum   Not applicable Not applicable TMJ Buy-up   Not covered Surgical and Non-surgical: Benefit (Coinsurance): 0% 0% All costs Lifetime Maximum (applies to non-surgical expenses only):   Not applicable Not applicable © 2026 Cigna HealthCare 13 Page 318 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 Customer Pays Cigna Pays State Mandated Benefits Medicare Pays (After Medicare and (After Medicare Pays) Cigna Pays) AUTISM SPECTRUM DISORDER 0% 100% 0% Services to treat autism for individuals includes habilitative and rehabilitative speech, physical and occupational therapy services and includes Applied Behavior Analysis (ABA therapy) to age 19. MAMMOGRAMS, RADIOLOGICAL SCREENING 0% 100% 0% Includes an annual supplemental breast cancer screening when Medically Necessary for a woman who is at an increased risk of breast cancer. MENTAL HEALTH/SUBSTANCE USE DISORDER 0% Same as inpatient hospital benefit Same as inpatient hospital benefit Inpatient Mental Health Services and Inpatient Substance Use Disorder includes services provided in Residential Treatment Centers not covered by Medicare. Definitions Benefit Period The way that Original Medicare measures your use of hospital and skilled nursing facility (SNF) services. A benefit period begins the day you go to a hospital or skilled nursing facility.  The benefit period ends when you haven’t received any inpatient hospital care (or skilled care in a SNF) for 60 days in a row. If you go into a hospital or a skilled nursing facility after one benefit period has ended, a new benefit period begins. Coinsurance After you have met your deductible for the year, you and your benefit plan will share the cost of covered expenses.  The part you are responsible to pay is called coinsurance. Copay/Benefit Deductible A fixed charge for specific services like doctor visits.  You may be responsible to pay all or a portion of this charge. Deductible The amount you must pay before the plan begins to reimburse for covered expenses. Lifetime Reserve Days In Original Medicare, these are additional days that Medicare will pay for when you are in a hospital for more than 90 days. You have a total of 60 reserve days that can be used during your lifetime. For each lifetime reserve day, Medicare pays all covered costs except for a daily coinsurance. Limiting Charge In Original Medicare, the highest amount of money you can be charged for a covered service by doctors and other health care suppliers who don’t accept assignment. The limiting charge is 15% over Medicare’s Allowable Amount. Maximum Reimbursable Charge (MRC) Option When you receive care for services not covered by Medicare but covered under your plan, there’s a limit to the amount of money that will be reimbursed. This amount is called the maximum reimbursable charge. When determining maximum reimbursable charge, Cigna considers the service fees charged by doctors and other health care professionals in your area. We also look at similar data provided by most other major U.S. health service companies. Note: The provider may bill you for the difference between the provider’s normal charge and the Maximum Reimbursable Charge, in addition to any applicable deductibles and coinsurance. Medically Necessary Services or supplies that are needed for the diagnosis or treatment of your medical condition and meet accepted standards of medical practice. Medicare Approved Amount In Original Medicare, this is the amount a doctor or supplier that accepts assignment can be paid. It includes what Medicare pays and any deductible, coinsurance, or copay that you pay. It may be less than the actual amount a doctor or supplier charges. Out-of-Pocket Maximum Out-of-pocket limits protect you from unexpected cost.  After you reach the plan out-of-pocket limit, covered services will be reimbursed for the remainder of the year at 100%, or no cost to you. Part B Drugs Some medicines are covered under your medical plan rather than your prescription drug plan. These drugs are know as Part B drugs, and include but are not limited to: antigens (allergy serum), osteoporosis drugs, erythropoisis, blood clotting factors, injectable drugs, immunosuppressive drugs, oral cancer drugs, oral anti-nausea drugs. Preventive Care Services Health care to prevent illness or detect illness at an early stage, when treatment is likely to work best for example pap tests, flu shots, prostate cancer screening, colonoscopy; etc. Semi-Private Room A hospital room shared by you and one other person. ` Benefit Exclusions (by way of example but not limited to): Your plan provides coverage for medically necessary services. Your plan does not provide coverage for the following except as required by law. Additional coverage limitations determined by plan or provider type are shown in the Schedule.  Payment for the following is specifically excluded from this plan: © 2026 Cigna HealthCare 14 Page 319 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 1) Any expense that is: a) Not a Medicare Eligible Expense; or b) beyond the limits imposed by Medicare for such expense; or c) excluded by name or specific description by Medicare; except as specifically provided under the “Covered Expenses” section 2) Any portion of a Covered Expense to the extent paid or payable by Medicare; 3) Any benefits payable under one benefit of this plan to the extent payable under another benefit of this plan; 4) Covered Expenses incurred after coverage terminates. In addition, the following exclusions apply to any service that is a covered expense under this plan, but is not covered by Medicare. 6) Expenses for supplies, care, treatment, or surgery that are not Medically Necessary. 7) To the extent that you or any one of your Dependents is in any way paid or entitled to payment for those expenses by or through a public program, other than Medicaid. 8) To the extent that payment is unlawful where the person resides when the expenses are incurred. 9) Charges made by a Hospital owned or operated by or which provides care or performs services for, the United States Government, if such charges are directly related to a military-service-connected Injury or Sickness. 10) For or in connection with an Injury or Sickness which is due to war, declared or undeclared. 11) Charges which you are not obligated to pay or for which you are not billed or for which you would not have been billed except that they were covered under this plan. 12) For or in connection with experimental, investigational or unproven services. Experimental, investigational and unproven services are medical, surgical, diagnostic, psychiatric, substance abuse or other health care technologies, supplies, treatments, procedures, drug therapies or devices that are determined to be: a)  not demonstrated, through existing peer-reviewed, evidence-based, scientific literature to be safe and effective for treating or diagnosing the condition or sickness for which its use is proposed; b)  not approved by the U.S. Food and Drug Administration (FDA) or other appropriate regulatory agency to be lawfully marketed for the proposed use; c)  the subject of review or approval by an Institutional Review Board for the proposed use except as provided in the “Clinical Trials” section of this plan; or d)  the subject of an ongoing phase I, II or III clinical trial, except as provided in the “Clinical Trials” section of this plan. 13) Cosmetic surgery and therapies. Cosmetic surgery or therapy is defined as surgery or therapy performed to improve or alter appearance or self-esteem or to treat psychological symptomatology or psychosocial complaints related to one’s appearance. 14) Unless otherwise covered in this plan, for reports, evaluations, physical examinations, or hospitalization not required for health reasons including, but not limited to, employment, insurance or government licenses, and court-ordered, forensic or custodial evaluations. 15) Court-ordered treatment or hospitalization, unless such treatment is prescribed by a Physician and listed as covered in this plan. 16) Private Hospital rooms and/or private duty nursing. 17) Personal or comfort items such as personal care kits provided on admission to a Hospital, television, telephone, newborn infant photographs, complimentary meals, birth announcements, and other articles which are not for the specific treatment of an Injury or Sickness. 18) Blood administration for the purpose of general improvement in physical condition. 19) For or in connection with an Injury or Sickness arising out of, or in the course of, any employment for wage or profit. 20) Massage therapy. 21) Charges made by any covered provider who is a member of your family or your Dependent’s family. 22) To the extent that they are more than Maximum Reimbursable Charges. 23) Expenses incurred outside the United States unless you or your Dependent is a U.S. resident and the charges are incurred while traveling on business or for pleasure. These are only the highlights This summary outlines the highlights of your plan. For a complete list of both covered and not-covered services, including benefits required by your state, see your employer's insurance certificate or summary plan description -- the official plan documents.  If there are any differences between this summary and the plan documents, the information in the plan documents takes precedence. Note: This summary of benefits reflects 2026 Medicare Part A and Part B Deductible and Coinsurance amounts which are subject to change each calendar year. If you have more questions about Medicare eligibility, benefits and coverage positions, you can refer to the Medicare & You Handbook. The Medicare & You Handbook is mailed directly to beneficiaries when they become covered under Medicare.  A copy of the handbook can be obtained from your local Social Security Administration office or you can go to www.medicare.gov website. Cigna Healthcare products and services are provided exclusively by or through operating subsidiaries of The Cigna Group including Cigna Health and Life Insurance Company (Bloomfield, CT).  Cigna Medicare Surround is an employer-sponsored group retiree medical plan that supplements Medicare. It is NOT a standardized Medicare Supplement (Medigap) plan and is NOT offered under a contract with the federal government. © 2026 Cigna HealthCare Version - 202512_001 © 2026 Cigna HealthCare 15 Page 320 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 Important Notice: Your Cigna Healthcare® Retiree Indemnity Medical plan follows Medicare standard coverage guidelines. The benefits covered under this plan are limited to expenses approved by Medicare but not paid by Medicare (unless otherwise noted below).  Your plan may help pay your Medicare Part A and Part B deductibles, copayments, and coinsurance amounts (unless otherwise noted). Plan Highlights Standard Plan G Lifetime Maximum Unlimited Applies to all Part A and Part B expenses. Annual Maximum Unlimited Applies to all Part A and Part B expenses. Plan Coinsurance Part A expenses 100% Part B expenses 100% Plan Accumulation Period Calendar year Applies to plan deductible and plan out-of-pocket maximum. Plan Deductible $283 (same as Medicare Part B deductible which is subject to change each year) Plan deductible applies to: Part B covered expenses Plan deductible applies to services with benefit deductibles (copays): Not applicable Plan Out-of-Pocket Maximum Not applicable Out-of-pocket applies to: Not applicable Out-of-pocket includes plan deductible: Not applicable Out-of-pocket includes benefit deductibles (copays): Not applicable Out-of-pocket includes coinsurance: Not applicable Maximum Reimbursable Charge (MRC) Option 80th percentile Applies to buy-up benefits. Customer Pays Cigna Pays Medicare Part A Expenses Medicare Pays (After Medicare and (After Medicare Pays) Cigna Pays) Inpatient Hospital - Facility Services: Semi-private room and board, general nursing and miscellaneous services and supplies.  A new benefit period begins each time you are out of the hospital more than 60 days. First 60 days: All but $1,736 100% 0% Part A Deductible 61st-90th day: All but $434 a day 100% 0% 91st day and after (while using 60 lifetime reserve days): All but $868 a day 100% 0% Inpatient Hospital - Facility Services Buy-up 0% 100% 0% Additional 365 days once lifetime reserve days are used: Inpatient Mental Health and Substance Abuse Same as Inpatient Hospital services noted above. First 60 days: All but $1,736 100% 0% Part A Deductible 61st-90th day: All but $434 a day 100% 0% 91st day and after (while using 60 lifetime reserve days): All but $868 a day 100% 0% Inpatient Mental Health and Substance Abuse Buy-up 0% 100% 0% Once lifetime reserve days are used: Coverage Limit: 190 days per lifetime in a No limit No limit psychiatric hospital Blood First 3 pints: 0% 100% 0% Additional amounts: 100% 0% 0% Skilled Nursing Facility: Includes Skilled Nursing Facility; Rehabilitation Hospital; and sub-acute Facilities.  A beneficiary must have been in a hospital for at least 3 days and entered a Medicare-approved facility within 30 days after leaving the hospital. First 20 days: All approved amounts Not paid by plan. 0% Paid in full by Medicare. 21st thru 100th day: All but $217.00 a day 100% 0% Skilled Nursing Facility Buy-up 0% 0% All costs 101st thru 365th day: Home Health Care 100% 0% 0% Medically necessary skilled care services and medical supplies. Hospice Care 100% except $5 per outpatient 100% 0% Medicare requires that you be terminally ill to be eligible for hospice prescription and 5% of inpatient benefits. respite care © 2026 Cigna HealthCare 16 Page 321 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 Customer Pays Cigna Pays Medicare Part B Expenses Medicare Pays (After Medicare and (After Medicare Pays) Cigna Pays) Medical Expenses: In or Out of the Hospital and Outpatient Hospital Treatment.  Includes hospital charges for outpatient care, physician’s charges for inpatient care, physician’s charges for outpatient care, and other home and office visits, physical and speech therapy. Medicare Part B Deductible 0% 0% (see plan deductible) 100% Remaining Part B Coinsurance Generally 80% 100% after plan deductible 0% after plan deductible Part B Excess Charges (Medicare Limiting Charges) Buy-up 0% 100% after plan deductible 0% after plan deductible Above Medicare Approved Amounts Physician Services - Office Visits and Virtual Care Primary Care Physician Office Visit and Virtual Visits 80% after Part B deductible 100% after plan deductible 0% after plan deductible Specialty Care Physician Office Visit and Virtual Visits 80% after Part B deductible 100% after plan deductible 0% after plan deductible Laboratory and Radiology Services in a Physician's Office 100% for Clinical Lab Services, 100% after plan deductible 0% after plan deductible 80% after Part B deductible for Radiology Services Surgery Performed in a Physician's Office 80% after Part B deductible 100% after plan deductible 0% after plan deductible Allergy Treatment/Injections 80% after Part B deductible 100% after plan deductible 0% after plan deductible Second Opinion Consultations 80% after Part B deductible 100% after plan deductible 0% after plan deductible MDLIVE Urgent Virtual Care Services 0% 100% after plan deductible 0% after plan deductible Inpatient Physician Services Inpatient Hospital Physician Visits and Consultations 80% after Part B deductible 100% after plan deductible 0% after plan deductible Includes mental health and substance use disorder. Inpatient Professional Services 80% after Part B deductible 100% after plan deductible 0% after plan deductible For services performed by surgeons, anesthesiologists, radiologists, and pathologists. Outpatient Mental Health and Substance Use Disorder Services Mental Health and Substance Use Disorder 80% after Part B deductible 100% after plan deductible 0% after plan deductible Includes partial hospitalization, outpatient behavioral health integration services, and opioid treatment programs. Preventive Care Services Preventive Care Services Generally 100% 100% 0% Includes Medicare-covered Preventive Exams, Counseling, Early Cancer Screenings, and Other Preventive Screenings Preventive Care Services Buy-up 0% 0% 100% Services not covered by Medicare Annual Maximum: Not applicable Not applicable Immunizations Generally 100% 100% 0% Includes Medicare-covered shots such as COVID-19 vaccine, Flu, Pneumonia, and Hepatitis B Immunizations Covered by Medicare Part D Buy-up 0% 0% All costs Includes Shingles, Respiratory Syncytial Virus (RSV), and Tetanus- Diphtheria-Whooping Cough Vaccines Emergency and Urgent Care Services Hospital Emergency Room 80% after Part B deductible 100% after plan deductible 0% after plan deductible Urgent Care Facility 80% after Part B deductible 100% after plan deductible 0% after plan deductible Ambulance 80% after Part B deductible 100% after plan deductible 0% after plan deductible Follows Medicare covered guidelines Outpatient Facility Services Outpatient Non Surgical Facility 80% after Part B deductible 100% after plan deductible 0% after plan deductible Includes chemotherapy, radiation therapy, x-ray/lab services, dialysis, etc. when done in the outpatient department of the hospital. Outpatient Surgical Facility and Free Standing Ambulatory Surgical 80% after Part B deductible 100% after plan deductible 0% after plan deductible Center Outpatient Professional Services 80% after Part B deductible 100% after plan deductible 0% after plan deductible For services performed by surgeons, anesthesiologists, radiologists, and pathologists. Blood First 3 pints: 0% 100% after plan deductible 0% after plan deductible Additional amounts: 80% after Part B deductible 100% after plan deductible 0% after plan deductible © 2026 Cigna HealthCare 17 Page 322 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 Diagnostic Laboratory and Radiology Services Diagnostic Laboratory Services 100% for Clinical Labs 100% after plan deductible 0% after plan deductible Includes certain blood tests, urinalysis, tests on tissue specimens, and 80% after Part B deductible for some screening tests. all other Labs Diagnostic Radiology Services 80% after Part B deductible 100% after plan deductible 0% after plan deductible Includes X-rays, CT Scans, MRIs, and PET Scans. Outpatient Therapy Services Outpatient Short Term Rehabilitation 80% after Part B deductible 100% after plan deductible 0% after plan deductible Follows Medicare standard guidelines. Includes Physical Therapy, Occupational Therapy, and Speech Therapy. Therapy Maximum: No limit for medically necessary No limit No limit services Chiropractic Care 80% after Part B deductible 100% after plan deductible 0% after plan deductible Follows Medicare standard guidelines. Maximum: Unlimited Cardiac Rehabilitation Services 80% after Part B deductible 100% after plan deductible 0% after plan deductible Follows Medicare standard guidelines. Acupuncture Services 80% after Part B deductible 100% after plan deductible 0% after plan deductible Follows Medicare standard guidelines. Acupuncture Services Buy-up   Not covered Additional services not covered By Medicare. Benefit (Coinsurance): 0% 0% All costs Maximum Visits:   Not applicable Not applicable Podiatry Services Diagnostic Office Visit 80% after Part B deductible 100% after plan deductible 0% after plan deductible Foot exams if you have diabetes-related nerve damage, or for foot injuries or diseases. Other Covered Services 80% after Part B deductible 100% after plan deductible 0% after plan deductible Medically necessary treatment if you have diabetes-related nerve damage, or for foot injuries or diseases. Routine Foot Care Buy-up   Not covered Other than services associated with foot care for diabetes and peripheral vascular disease. Benefit (Coinsurance): 0% 0% All costs Annual Maximum:   Not applicable Not applicable Medical Equipment, Supplies and Part B Drugs Durable Medical Equipment (DME) 80% after Part B deductible 100% after plan deductible 0% after plan deductible Follows Medicare standard guidelines. Includes nebulizers, infusion pumps, oxygen and oxygen equipment, wheelchairs, crutches, hospital beds, and other equipment that can last under repeated use, usually in your home. Maximum: Unlimited External Prosthetic Appliances 80% after Part B deductible 100% after plan deductible 0% after plan deductible Follows Medicare standard guidelines. Includes ostomy supplies, cardiac pacemakers, braces, artificial limbs, orthotics, or other things that replace damaged, missing or non-working parts of the body. Maximum: Unlimited Diabetic Supplies and Services 80% after Part B deductible 100% after plan deductible 0% after plan deductible Follows Medicare standard guidelines. Includes Glucose Monitors, Test Strips,  and Lancets. Part B Prescription Drugs 80% after Part B deductible 100% after plan deductible 0% after plan deductible Follows Medicare standard guidelines. Includes but not limited to: inhaled nebulizer medications, injectable drugs/IV drugs, antigens (allergy serum), osteoporosis drugs, erythropoisis, blood clotting factors, immunosuppressive drugs, oral cancer drugs, oral anti-nausea drugs. Other Health Care Services Home Health Care 80% after Part B deductible 100% after plan deductible 0% after plan deductible Medically necessary skilled care services and medical supplies. Bariatric Surgery Covered the same as any other Covered the same as any other Covered the same as any other Medicare covers some bariatric surgeries such as gastric bypass surgery illness illness illness and laparoscopic banding when certain morbid obesity conditions are met. Organ Transplants Covered the same as any other Covered the same as any other Covered the same as any other Includes all medically appropriate, non-experimental transplants as illness illness illness determined by Medicare.  Travel expenses are not covered. Maternity Care Services Covered the same as any other Covered the same as any other Covered the same as any other Includes pregnancy and childbirth services. illness illness illness © 2026 Cigna HealthCare 18 Page 323 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 Dental Care Services Dental Care Services Covered the same as any other Covered the same as any other Covered the same as any other Limited to Medicare covered services. illness illness illness Routine Dental Services 0% 0% All costs Includes routine cleanings, fillings, crowns, or other services like dentures or tooth extractions. Hearing Care Services Diagnostic Hearing Services 80% after Part B deductible 100% after plan deductible 0% after plan deductible Routine Hearing Exam Buy-up Covered Benefit (Coinsurance): 0% 100% after plan deductible 0% after plan deductible Limit:   1 per year All costs over the plan limit Hearing Aids Buy-up Covered Benefit (Coinsurance): 0% 100% after plan deductible 0% after plan deductible Number of Devices per Duration Limit:   1 per 36 months All costs over the plan limit Dollar Maximum:   Unlimited No dollar limits apply Vision Care Services Diagnostic Eye Exams 80% after Part B deductible 100% after plan deductible 0% after plan deductible Routine Eye Exams 0% 0% All costs Corrective Lenses after Cataract Surgery 80% after Part B deductible 100% after plan deductible 0% after plan deductible Routine Eye Wear 0% 0% All costs Customer Pays Cigna Pays Additional Benefits Not Covered by Medicare (Buy-ups) Medicare Pays (After Medicare and (After Medicare Pays) Cigna Pays) Foreign Travel Buy-up   Covered Medically necessary emergency care services beginning during the first 60 days of each trip outside the USA. Separate Foreign Travel Deductible: 0% $0 $250 Benefit (Coinsurance): 0% 80% 20% Lifetime Maximum:   $50,000 per lifetime All costs once Cigna pays $50,000 At Home Recovery Services Buy-up   Not covered Home Health Aides not covered by Medicare Per Visit Maximum: 0% Not applicable Not applicable Annual Maximum:   Not applicable Not applicable Scalp Prosthesis (Wigs)   Not covered Benefit (Coinsurance): 0% 0% All costs Annual Maximum   Not applicable Not applicable TMJ Buy-up   Not covered Surgical and Non-surgical: Benefit (Coinsurance): 0% 0% All costs Lifetime Maximum (applies to non-surgical expenses only):   Not applicable Not applicable © 2026 Cigna HealthCare 19 Page 324 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 Customer Pays Cigna Pays State Mandated Benefits Medicare Pays (After Medicare and (After Medicare Pays) Cigna Pays) AUTISM SPECTRUM DISORDER 0% 100% 0% Services to treat autism for individuals includes habilitative and rehabilitative speech, physical and occupational therapy services and includes Applied Behavior Analysis (ABA therapy) to age 19. MAMMOGRAMS, RADIOLOGICAL SCREENING 0% 100% 0% Includes an annual supplemental breast cancer screening when Medically Necessary for a woman who is at an increased risk of breast cancer. MENTAL HEALTH/SUBSTANCE USE DISORDER 0% Same as inpatient hospital benefit Same as inpatient hospital benefit Inpatient Mental Health Services and Inpatient Substance Use Disorder includes services provided in Residential Treatment Centers not covered by Medicare. © 2026 Cigna HealthCare 20 Page 325 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 Definitions Benefit Period The way that Original Medicare measures your use of hospital and skilled nursing facility (SNF) services. A benefit period begins the day you go to a hospital or skilled nursing facility.  The benefit period ends when you haven’t received any inpatient hospital care (or skilled care in a SNF) for 60 days in a row. If you go into a hospital or a skilled nursing facility after one benefit period has ended, a new benefit period begins. Coinsurance After you have met your deductible for the year, you and your benefit plan will share the cost of covered expenses.  The part you are responsible to pay is called coinsurance. Copay/Benefit Deductible A fixed charge for specific services like doctor visits.  You may be responsible to pay all or a portion of this charge. Deductible The amount you must pay before the plan begins to reimburse for covered expenses. Lifetime Reserve Days In Original Medicare, these are additional days that Medicare will pay for when you are in a hospital for more than 90 days. You have a total of 60 reserve days that can be used during your lifetime. For each lifetime reserve day, Medicare pays all covered costs except for a daily coinsurance. Limiting Charge In Original Medicare, the highest amount of money you can be charged for a covered service by doctors and other health care suppliers who don’t accept assignment. The limiting charge is 15% over Medicare’s Allowable Amount. Maximum Reimbursable Charge (MRC) Option When you receive care for services not covered by Medicare but covered under your plan, there’s a limit to the amount of money that will be reimbursed. This amount is called the maximum reimbursable charge. When determining maximum reimbursable charge, Cigna considers the service fees charged by doctors and other health care professionals in your area. We also look at similar data provided by most other major U.S. health service companies. Note: The provider may bill you for the difference between the provider’s normal charge and the Maximum Reimbursable Charge, in addition to any applicable deductibles and coinsurance. Medically Necessary Services or supplies that are needed for the diagnosis or treatment of your medical condition and meet accepted standards of medical practice. Medicare Approved Amount In Original Medicare, this is the amount a doctor or supplier that accepts assignment can be paid. It includes what Medicare pays and any deductible, coinsurance, or copay that you pay. It may be less than the actual amount a doctor or supplier charges. Out-of-Pocket Maximum Out-of-pocket limits protect you from unexpected cost.  After you reach the plan out-of-pocket limit, covered services will be reimbursed for the remainder of the year at 100%, or no cost to you. Part B Drugs Some medicines are covered under your medical plan rather than your prescription drug plan. These drugs are know as Part B drugs, and include but are not limited to: antigens (allergy serum), osteoporosis drugs, erythropoisis, blood clotting factors, injectable drugs, immunosuppressive drugs, oral cancer drugs, oral anti-nausea drugs. Preventive Care Services Health care to prevent illness or detect illness at an early stage, when treatment is likely to work best for example pap tests, flu shots, prostate cancer screening, colonoscopy; etc. Semi-Private Room A hospital room shared by you and one other person. ` Benefit Exclusions (by way of example but not limited to): Your plan provides coverage for medically necessary services. Your plan does not provide coverage for the following except as required by law. Additional coverage limitations determined by plan or provider type are shown in the Schedule.  Payment for the following is specifically excluded from this plan: 1) Any expense that is: a) Not a Medicare Eligible Expense; or b) beyond the limits imposed by Medicare for such expense; or c) excluded by name or specific description by Medicare; except as specifically provided under the “Covered Expenses” section 2) Any portion of a Covered Expense to the extent paid or payable by Medicare; 3) Any benefits payable under one benefit of this plan to the extent payable under another benefit of this plan; 4) Covered Expenses incurred after coverage terminates. In addition, the following exclusions apply to any service that is a covered expense under this plan, but is not covered by Medicare. 6) Expenses for supplies, care, treatment, or surgery that are not Medically Necessary. 7) To the extent that you or any one of your Dependents is in any way paid or entitled to payment for those expenses by or through a public program, other than Medicaid. 8) To the extent that payment is unlawful where the person resides when the expenses are incurred. 9) Charges made by a Hospital owned or operated by or which provides care or performs services for, the United States Government, if such charges are directly related to a military-service-connected Injury or Sickness. © 2026 Cigna HealthCare 21 Page 326 of 668 BENEFIT SUMMARY Cigna Health and Life Insurance Company For Retirees of City of Independence, Missouri Benefit Option Name: Cigna Medicare Surround - Effective: January 1, 2027 through December 31, 2027 10) For or in connection with an Injury or Sickness which is due to war, declared or undeclared. 11) Charges which you are not obligated to pay or for which you are not billed or for which you would not have been billed except that they were covered under this plan. 12) For or in connection with experimental, investigational or unproven services. Experimental, investigational and unproven services are medical, surgical, diagnostic, psychiatric, substance abuse or other health care technologies, supplies, treatments, procedures, drug therapies or devices that are determined to be: a)  not demonstrated, through existing peer-reviewed, evidence-based, scientific literature to be safe and effective for treating or diagnosing the condition or sickness for which its use is proposed; b)  not approved by the U.S. Food and Drug Administration (FDA) or other appropriate regulatory agency to be lawfully marketed for the proposed use; c)  the subject of review or approval by an Institutional Review Board for the proposed use except as provided in the “Clinical Trials” section of this plan; or d)  the subject of an ongoing phase I, II or III clinical trial, except as provided in the “Clinical Trials” section of this plan. 13) Cosmetic surgery and therapies. Cosmetic surgery or therapy is defined as surgery or therapy performed to improve or alter appearance or self-esteem or to treat psychological symptomatology or psychosocial complaints related to one’s appearance. 14) Unless otherwise covered in this plan, for reports, evaluations, physical examinations, or hospitalization not required for health reasons including, but not limited to, employment, insurance or government licenses, and court-ordered, forensic or custodial evaluations. 15) Court-ordered treatment or hospitalization, unless such treatment is prescribed by a Physician and listed as covered in this plan. 16) Private Hospital rooms and/or private duty nursing. 17) Personal or comfort items such as personal care kits provided on admission to a Hospital, television, telephone, newborn infant photographs, complimentary meals, birth announcements, and other articles which are not for the specific treatment of an Injury or Sickness. 18) Blood administration for the purpose of general improvement in physical condition. 19) For or in connection with an Injury or Sickness arising out of, or in the course of, any employment for wage or profit. 20) Massage therapy. 21) Charges made by any covered provider who is a member of your family or your Dependent’s family. 22) To the extent that they are more than Maximum Reimbursable Charges. 23) Expenses incurred outside the United States unless you or your Dependent is a U.S. resident and the charges are incurred while traveling on business or for pleasure. These are only the highlights This summary outlines the highlights of your plan. For a complete list of both covered and not-covered services, including benefits required by your state, see your employer's insurance certificate or summary plan description -- the official plan documents.  If there are any differences between this summary and the plan documents, the information in the plan documents takes precedence. Note: This summary of benefits reflects 2026 Medicare Part A and Part B Deductible and Coinsurance amounts which are subject to change each calendar year. If you have more questions about Medicare eligibility, benefits and coverage positions, you can refer to the Medicare & You Handbook. The Medicare & You Handbook is mailed directly to beneficiaries when they become covered under Medicare.  A copy of the handbook can be obtained from your local Social Security Administration office or you can go to www.medicare.gov website. Cigna Healthcare products and services are provided exclusively by or through operating subsidiaries of The Cigna Group including Cigna Health and Life Insurance Company (Bloomfield, CT).  Cigna Medicare Surround is an employer-sponsored group retiree medical plan that supplements Medicare. It is NOT a standardized Medicare Supplement (Medigap) plan and is NOT offered under a contract with the federal government. © 2026 Cigna HealthCare Version - 202512_001 © 2026 Cigna HealthCare 22 Page 327 of 668Cigna Healthcare Financial Exhibit for: City of Independence, Missouri Effective Date: January 1, 2027 RENEWAL PROPOSAL TERMS AND CONDITIONS A. General Terms of this Proposal Cigna Health and Life Insurance Company (hereafter 'Cigna') is pleased to present this Proposal for a Guaranteed Cost Only group 'Medicare Surround' benefit plan for City of Independence, Missouri (the 'Plan').  This proposal is valid for 90 days from its original date of release,09/01/2026. Any revisions or updates made to this proposal will not renew this valid timeframe unless expressly communicated by Cigna. The information contained in this Proposal by Cigna is proprietary and highly confidential. It is being provided with the understanding that it will not be used by the employer, its representatives or consultants for any purpose other than the evaluation of the Proposal. Under no circumstances is any of the information contained herein (including excerpts, summaries, extracts, and evaluations thereof) to be used, disseminated, disclosed or otherwise communicated to any person or entity other than the employer, its representatives and consultants, and their respective employees who are directly involved in the evaluation process. Proposal Renewal Caveats Cigna may revise or withdraw this Proposal if: ● there is a change to the effective date of the quote. ● the policy period length is different than 12 months. ●    the insurance policy will not be sitused in MO. ● the Plan benefits are different than shown in the RFP or benefit modifications are requested. ● the census data or experience data provided is deemed inaccurate. ● there is a change in any law, regulation, or required assessment or tax that changes Cigna's costs in offering the plan. ● less than 70% of total eligible retirees enroll in the Plan. ● the employer changes its level of contribution toward the cost of the coverage. ● enrollment increases or decreases by 10% or more, by product or for the total account, from the enrollment assumptions used in establishing the rates and/or fees set forth herein. ● the final enrollment deviates from the quoted enrollment such that it results in a needed change in premium rates.  Rates are based on final enrollment factors, including total number of enrollees, their age, sex, demographics, location and the distribution of enrollees by plan. ● any of the information upon which these rates or benefits were based changes or is inaccurate. ● there is a request to modify or add Commissions and/or benefit advisor fees.  ● it is requested to interface with a third party vendor ● it is determined that the Plan is not a retiree only plan and that the various requirements .and assessment under the Patient Protection and Affordable Care Act apply to the Plan. ● it is requested to provide optional services. ● administration of the Plan will require more than the following:  o        Billing lines: 300 o        Billing and Claim Branch Benefit Options: 60 ● Cigna is not the exclusive administrator of this type of coverage for all retirees and the employer does not contribute the same percentage to the cost of each employer-sponsored retiree plan. ● the benefits of the Plan, if insured by Cigna, are at or above parity with all plans offered retirees by other carriers, regardless of product type or funding. ● City of Independence, Missouri contributes toward the cost of purchasing individual coverage for a retiree. ● City of Independence, Missouri allows any retiree who retired prior to age 65 to re-enroll for coverage under the Cigna insured/administered Plan after having previously disenrolled, or to enroll more than 60 days after (i) the date of retirement, (ii) becoming age 65 if already retired. ● Federal, State or Local action impacts the benefit levels quoted herein or affects our ability to meet our obligations to you, to your covered employees/our customers or to our contracted providers. By way of illustration, such legislation or executive actions which impose controls or requirements that affect: our ability to determine rates or covered medical expenses or service benefits. Should this happen, Cigna will make a good faith effort to work to reach a new agreement that equitably reflects the circumstances as altered by government action. B. Scope and Application of this Proposal Unless otherwise indicated, the coverage reflected in this Proposal: ● supersedes and renders null and void any prior Cigna offer or proposal with respect to the Plan. ● assumes all Medicare-eligible retirees are enrolled in both Medicare Part A and Part B. ● assumes that the Cigna insured/administered Plan is for retirees only and that it will, therefore, not be subject to the requirements or assessments of the Patient Protection and Affordable Care Act (the "Act"). ● includes applicable Patient Protection and Affordable Care Act fees imposed upon health insurers including the Comparative Effectiveness Research Fee. ● includes a maximum reimbursable charge for non-Medicare covered expenses covered by the plan equal to the 80th percentile of the usual and customary charges made by providers of such service/supply or supply in the geographic area where the service/supply is received determined by reference to a third- party data base. ● assumes that Cigna’s standard insurance policy form approved for use in the applicable state by the state insurance regulator will be issued. Because the insurance policy and certificate terms require regulatory approval, there is very little flexibility to change the provisions. The provisions of the insurance policy and certificate will control in the event of a conflict with the terms of the request for proposal and the Proposal. ● requires you notify us within 30 days if any information set forth in this form changes at any time while coverage is provided to you by Cigna HealthCare. 23 © 2026 Cigna HealthCare Page 328 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize a contract renewal with HealthSpring (HCSC) for post- 65 medical insurance coverage for a 9.2% increase to Medicare Advantage and 8.2% increase to Medicare Part D plans (PDP) for the plan year beginning January 1, 2027, through December 31, 2027. Recommendations: Council approval is recommended. Background: On July 15, 2024, Council approved a one-year Post-65 Medical Insurance contract with four one-year renewal options with Cigna. The Medicare Advantage plan had a 9.2% increase, and the PDP had an 8.2% increase. Both are lower than the Medical/Prescription trend. As a note, the Medicare Part D out-of-pocket catastrophic coverage threshold from $2,100 to $2,400 for 2027. Emergency Justification: Fiscal Impact: The estimated increase for the City is $158,652 for the Advantage Plan and Medicare Part D plans from January 1, 2027, through December 31, 2027. Funding for Retiree Health Insurance can be found in the FY 2026-2027 Proposed Budget Document, page 40, for the total amount of $8,658,199 inclusive of pre-65 and post-65 retirees. Council Action: Page 329 of 668 Department / Human Resources / Contact REVIEWERS Carissa Smith Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. 2027 HealthSpring Renewal Cover Letter 062226 (4) Page 330 of 668August 24, 2026 City of Independence HealthSpring is pleased to share the attached 2027 renewal proposal for the City of Independence. The proposed 2027 PDP rate is $223.87, which represents a 8.2%% increase. The MAPD plan proposed rate for 2027 is $417.19, which represents a 9.2% increase. We'd like to share the following updates for 2027: CMS contract consolidation. We are consolidating our Medicare Part D CMS contracts to achieve better governance and streamlined administration. The HealthSpring brand and underlying legal entity will not change, but the CMS contract will change from S5617 to S5715. This will be effective January 1, 2027. ID cards. New ID cards will mail to all PDP members in December for the 2027 plan year as part of the contract consolidation. Medicare Part D catastrophic threshold. CMS is changing the Medicare Part D out-of-pocket catastrophic coverage threshold from $2,100 to $2,400 for 2027. This renewal contains important details of your group retiree plan(s). The renewal package includes the following: • Employer Benefits Summary including rates, Caveats, Exclusions, Definitions, and Terms and Conditions • Group Retiree Solutions 2027 Rate and Benefit Summary Confirmation Form Once everything is in order, I’ll ask for you to please sign and return the Rate and Benefit Summary Confirmation Form no later than September 4th, so that we’ll have appropriate time to process your renewal. As always, we are proud to provide the appropriate focus and resources to drive better total health outcomes, a high level of retiree satisfaction, and continued long-term savings. We would be honored to continue our partnership with the City of Independence and are readily available to address any questions you may have. Sincerely, Matthew Wright Senior Account Executive HCSC Email: matthew_wright@bcbsok.com | Phone: 918.269.9439 HealthSpring products and services are provided exclusively by or through operating subsidiaries of Health Care Service Corporation, a Mutual Legal Reserve Company. Health Care Service Corporation and its affiliates contract with Medicare to offer Medicare Advantage HMO and PPO plans and Part D Prescription Drug Plans (PDP) in select states, and with select State Medicaid programs. Enrollment in a HealthSpring plan depends on contract renewal. © 2026 Health Care Service Corporation. All Rights Reserved. Page 331 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize the City Manager to approve Change Order #2 to the existing design-build contract (C#500001004) with MegaKC, for a revised contract amount not to exceed $3,023,985, for additional design-build services near Cassell Park Elementary as part of the FY26 GO Bond - Sidewalks Project (No. 542602-1). Recommendations: Council approval is recommended. Background: On July 1, 2026, a public meeting was held at Cassell Park Elementary School where City staff, along with the design-build team, presented the preliminary plans to the public for their review and comment. During the public meeting, staff received numerous comments requesting that we consider adding sidewalks along E. 33rd Terrace South, which would connect to the existing sidewalks along S. Hardy Ave., as well as the sidewalks constructed along S. Sheley Rd as part of this construction project, and create a true loop around the school. One previous change order was processed within the approved contingency for $210,000 to provide additional sidewalks along S. Sheley Rd. to create a more complete sidewalk network around the perimeter of Cassell Park Elementary. Staff have obtained a quote from MegaKC for the additional services provided by Change Order #2, totaling $313,985, bringing the revised contract price to $3,023,985: Original Contract Total: $2,500,000 Change Order #1 $ 210,000 Change Order #2 $ 313,985 New Contract Total: $3,023,985 The FY26 GO Bonds - Sidewalks to Schools Project (No. 542602-1) is the first installment of $10 Page 332 of 668million in voter-approved General Obligation Bonds earmarked for the addition and repair of sidewalks near elementary schools in the Independence and Fort Osage School districts. The first two schools addressed by the scope of this contract are Cassell Park Elementary and Mill Creek Elementary. This is a budgeted capital project. Emergency Justification: Fiscal Impact: The fiscal impact to the City is $3,023,985. Expenses for the GO Bond - Sidewalks Project (No. 542602) will be tracked and reimbursed through account number 542602-C-0547054-5406. Council Action: Department / Municipal Services / Contact REVIEWERS Mike Jackson Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland Page 333 of 668ATTACHMENTS: 1. CO#2 - Scope of Services - FY 26 GO Bond - Sidewalks to Schools (542602-1) 2. GO Bond Sidewalks FY26_Newly Added Segment Page 334 of 668 PCO #002 MegaKC Corporation Project: 869 - Independence GO FY26 Bond Sidewalks to Schools 1491 Iron St 10401 E. 31st S. and 2601 N. Liberty St. North Kansas City, Missouri 64116 Independence, Missouri 64052 and 64050 Phone: +18164728722 Prime Contract Potential Change Order #002: CE #002 - 33rd Terr Addition - Castle Park TO:  City of Independence Missouri FROM:  MegaKC Corporation 20201 E. Jackson Dr. 1491 Iron St Independence, Missouri 64057 North Kansas City, Missouri 64116 PCO NUMBER/REVISION:  002 / 0   CONTRACT: 542601-2 - Independence GO Bond FY26 Sidewalks to Schools   REQUEST RECEIVED FROM:  Alex Lopez (City of Independence CREATED BY:  Nathan Schoeck (MegaKC Corporation) Missouri) STATUS:  Pending - In Review  CREATED DATE:  7/21/2026 REFERENCE:  PRIME CONTRACT None   CHANGE ORDER:  FIELD CHANGE:  No   LOCATION:  ACCOUNTING METHOD:  Unit/Quantity Based   SCHEDULE IMPACT:  30 days PAID IN FULL:  No   EXECUTED: No SIGNED CHANGE ORDER RECEIVED DATE:     TOTAL AMOUNT:  $313,985.00 POTENTIAL CHANGE ORDER TITLE: CE #002 - 33rd Terr Addition - Castle Park CHANGE REASON: Owner Request POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) CE #002 - 33rd Terr Addition - Castle Park City requested pricing on adding 33rd Terr to the project. Attached google earth mark up of proposed sidewalk routing    MegaKC proposes to supply the following as part of this Change Order   - Design Topo / Plan Generation / Contruction staking  - Install 4' sidewalk (4" thick with 4" base rock , no rebar or mesh) 2' off the back of the roll back curb  - Install 6" concrete drive way. apron to city easment with 4" base rock (No rebar or mesh)  - Restore disturbed ground with Hydro seed  - 1 mailbox relocation and 2 utility curbn inlet adjustments  - 1 ADA ramp  ATTACHMENTS: IMG_8783.jpeg # Budget Code Description Qty Units Unit Cost Subtotal 1   33rd Terr Addition 1.0 LS $313,985.00 $313,985.00 Grand Total: $313,985.00 Alex Lopez (City of Independence   City of Independence Missouri   MegaKC Corporation Missouri) 20201 E. Jackson Dr.   20201 E. Jackson Dr.   1491 Iron St Independence, Missouri 64057   Independence, Missouri 64057   North Kansas City, Missouri 64116                     ProcoreArchitectSignHere ProcoreArchitectSignedDate   ProcoreOwnerSignHere ProcoreOwnerSignedDate   ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate SIGNATURE DATE   SIGNATURE DATE   SIGNATURE DATE MegaKC Corporation Page 1 of 1 Printed On: 7/21/2026  09:31 AM CDT Page 335 of 668 GO Bond FY26 Sidewalks to Schools - Cassell Park S HARDYAVE Legend E 29 GO Bond FY26 Sidewalks TH S HAWTHORNE AVE TE R S E 30TH ST S Original E 30TH ST S Newly Added Streets D R 4WD L L A H S Collector Ferry S RALSTONAVE S HEDGESAVE S MASONAVE Freeway E 30TH TER S S NORTHERN BLVD S APPLETONS AVE S OVERTON AVE S OVERTON Highway Local Major Arterial E V A Y Minor Arterial D S ASHSAVE R A E 31ST ST S H Other S E 31ST ST S Private E 31ST ST S Ramp E 31ST ST S S HAWTHORNE AVE Recreation S CEDAR AVE S CEDAR E 31ST ST S Resource E 31ST ST S Service Subsurface RD Unknown E LINWOOD BLVD EY EL SH E LINWOOD BLVD S NORTHERN BLVD E E LINWOOD BLVD E LINWOOD ST E LINWOOD CT E 3 1 S HARDY AVE HARDY S S E 32ND ST S T T E R S D R Y E L E H S OVERTON AVE E 32ND ST S S S S MAYWOODAVE S ASHSAVE S CEDARAVE E 33RD ST S E 33RD ST S E 33RD ST S S HARRISAVE S HARDYAVE S H A E 33RD TER S W T H O R N E S CEDARAVE S ASHAVE S A V S MAYWOODAVE E S OVERTON AVE S SHELEY RD S BLUE RIDGE BLVD S BLUE RIDGE BLVD E SHELEY RD E SHELEY RD E 33RD TER S E 34TH ST S S HARDYAVE E 34TH ST S S B L U E S NORTHERN BLVD R I S MAYWOOD CT D G E B E 34TH ST S L E 34TH ST S V D S CEDAR AVE S OVERTONAVE S OVERTONTER S HOME AVE / E 34TH ST S E 34TH TER S S HARRISAVE 0 0.03 0.05 0.1 Miles S APPLETONS AVE S HARDYAVE Elevation Scale: 1:1,591 Page 336 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize the City Manager to approve Change Order #1 to the existing design services contract (PO#26000908) with Benesch, for a revised contract amount not to exceed $103,090 for additional construction inspection services for the E. Kentucky Ave Bridge over Mill Creek (542601-2) as part of the GO Bond - Bridges Project (No. 542601). Recommendations: Council approval is recommended. Background: Due to the complexity and specialized engineering knowledge needed for bridge projects, City Staff entered into a contract (PO#26000908) with Benesch to provide on-site construction engineering & inspection services to complete repairs to the E. Kentucky Ave Bridge (No. 542601-2). This change order is to compensate for additional hours spent by the certified bridge inspector on the project. Original Purchase Order: $ 99,740 Change Order #1 $ 3,350 New Contract Total: $103,090 This is a budgeted capital project. Emergency Justification: Fiscal Impact: Page 337 of 668The fiscal impact to the City is $103,090. Expenses for the GO Bond - Bridges Project (No. 542601) will be tracked and reimbursed through account 542601-C-0547054-5406. Council Action: Department / Municipal Services / Contact REVIEWERS Mike Jackson Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. CO#1 - Scope of Service - Benesch - E. Kentucky Bridge - Project No. 542601 Page 338 of 668 Alfred Benesch & Company 4551 W. 107 th Street, Suite 250 Overland Park, Kansas 66207 August 6, 2026 www.benesch.com P 913-441-1100 Mr. Steve Maldonado | Construction Manager City of Independence, Missouri Municipal Services 20201 E Jackson Drive Independence, Missouri 64057 Subject: Supplemental Letter Agreement – Kentucky Rd Bridge Construction Inspection Mr. Maldonado: This document serves as a SUPPLEMENTAL LETTER AGREEMENT between the City of Independence, Missouri, Municipal Services (the City) and Alfred Benesch & Company (Benesch). This SUPPLEMENTAL LETTER AGREEMENT serves as a work authorization under the terms and agreement prescribed in the contract documents for the Kentucky Road Bridge Construction & Engineering Inspection Services (City Project No. 542601-2) between Independence and Benesch. With the verbal approval from Independence, Benesch prepared this SUPPLEMENTAL LETTER AGREEMENT for the final construction observation services of the Kentucky Road Bridge over Mill Creek. The scope of this SUPPLEMENTAL LETTER AGREEMENT covers the final construction observation and project closeout tasks associated with the Kentucky Road Bridge. Please refer to the attached exhibit for further details on the scope of this SUPPLEMENTAL LETTER AGREEMENT. The General Terms and Conditions of the base contract (City Project No. 542601, Executed 11/21/2025) apply to this SUPPLEMENTAL LETTER AGREEMENT. If the City requests additional services beyond the scope prescribed in this SUPPLEMENTAL LETTER AGREEMENT, Benesch will coordinate with the City to determine a mutually agreed upon supplement. Benesch’s Time and Material, not-to-exceed, fee for Supplemental #1 is $3,350. Benesch will invoice monthly based on the actual man hours used. Execution of this SUPPLEMENTAL LETTER AGREEMENT will increase the not-to-exceed contract value to $103,090 as shown in the table below. Table 1 summarizes the finances of the overall project. The row shown in red pertains to the scope of services included with this SUPPLEMENTAL LETTER AGREEMENT. Table 1 – Financial Summary of Project Contract Title/Description Date Executed Contract Amount Running Total Status Base ( Const . & Engineering Insp. ) 11/21 /202 5 $99 ,740 $99 ,740 Completed Supplemental #1 ( Suppl. Construction Inspection ) TBD $3,350 $103,090 Pending Please approve this SUPPLEMENTAL LETTER AGREEMENT by signing and dating this letter. Please return one copy of the letter to Benesch at the address shown above or by email to jrussell@benesch.com. Respectfully, Approved by City of Independence, Missouri Jarrod Russell, P.E. Project Manager | Associate Authorized Signature Enclosure CC: Date Mr. Wade Heim, PE 1 | P a g e Page 339 of 668 Benesch Project No. 1326-300008.00 EXHIBIT A Kentucky Rd Bridge SUPPLEMENTAL MANHOUR-FEE PROPOSAL Construction Inspection Supp. No. 1 City of Independence, Missouri Municipal Services Classification PP SPM PMI PEII INSP TOTAL Billing Rate $275.00/hr. $235.00/hr. $190.00/hr. $170.00/hr. $165.00/hr. COST Supplemental Task 1: Construction Inspection Services On-Site Construction Observation (2 days, 6 hrs/ea max) 12 hrs. $1,980 Project Closeout (1 site visit max + final documentation) 8 hrs. $1,320 MANHOUR SUBTOTAL 0 hrs. 0 hrs. 0 hrs. 0 hrs. 20 hrs. 20 hrs. LABOR SUBTOTAL $0 $0 $0 $0 $3,300 $3,300 Direct Costs Mileage (Estimated 23 miles/day for 3 days @ $0.725/mi) $50 DIRECT COST SUBTOTAL $50 SUMMARY OF COSTS Supplemental Task 1: Construction Inspection Services Hours = 20 hrs. $3,300 Direct Costs $50 Total Project Cost = $3,350 Notes/Clarifications: (1) All labor rates assume project is completed within 2026 calendar year. If project extends beyond 2026 for any reason other than requested by Benesch, a change in rates and outstanding project tasks, shall be negotiated through a supplement. (2) See Scope of Services for additional information. Prepared by: J. Russell Alfred Benesch & Company Date: 08/06/26 4551 W. 107th St, Suite 250 Page 1 of 1 Revision No. 0 Overland Park, KS 66207 Page 340 of 668 Exhibit B – Scope of Services Supp. No. 1 Kentucky Rd Bridge Construction Inspection City of Independence, Missouri Exhibit B Supplemental Scope of Services Kentucky Rd Bridge Construction Inspection PROJECT BACKGROUND This construction inspection and support supplemental services project includes the on-site inspection services for the final phase of construction of the Kentucky Rd Bridge over Mill Creek, referred to as the “Project”. This scoping document is intended to provide clarification and details of the project scope and hours provided in Exhibit A. Alfred Benesch & Company (Benesch/Consultant) shall furnish and perform, for the City of Independence (City), the aforementioned professional duties and services required for the construction support of the Project in accordance with the current City Ordinances. SCHEDULE The project duration is assumed to consist of one (1) phase – (1) Supplemental Construction Inspection Services. On-site construction tasks are assumed to begin on Monday, August 10, 2026, and conclude no later than August 31, 2026. PROJECT TASKS Supplemental Task 1 – Construction Inspection Services | The construction inspection tasks are subsequently described (with additional details shown in attached Benesch contract document “Exhibit A – Supplemental Manhour-Fee Proposal”. 1. Construction Observation a. Benesch will provide an inspector that will be available for on-site observation during two (2) upcoming events: i. Concrete pour (anticipated Monday, August 10, 2026) ii. Concrete pour (anticipated Tuesday, August 11, 2026) iii. Benesch level of effort is based on a maximum of four (4) hours on-site and two (2) hours of travel each day. Responsibilities of the construction observer will include the following: 1. Keep a log with daily photos and documentation of construction activities. iv. Deliverables will include data related to the project as developed in the above tasks (electronic or hardcopy). 2. Project Closeout a. Benesch will provide an inspector that will be available for one (1) on-site final walkthrough of the completed project. Remaining effort in this subtask is reserved for Benesch to complete final project documentation and submittal to the City. Time/effort to complete the work associated with this subtask is limited to the hours shown. NOTE Due to the Consultant having very little control over construction project schedule, duration, or volume requests for our services, we are making our best estimate for the magnitude of effort needed over the assumed construction project schedule for the above scoped items of work. The Consultant is committed to working alongside the City and adjusting our services as needed to best meet the project needs within the bounds of the available budget. The Consultant shall discontinue services upon completion of the scope of work or upon reaching the limits of the contract fee, whichever occurs first. If necessary, the Consultant shall continue with services pending future Supplements approved by the City. 1 | P a g e Page 341 of 668 Exhibit B – Scope of Services Supp. No. 1 Kentucky Rd Bridge Construction Inspection City of Independence, Missouri ASSUMPTIONS/EXCLUSIONS 1. No utility relocation, geotechnical investigations, ROW, traffic control, erosion control, or public engagement/involvement efforts are included in this Scope of Services. 2. No additional services are included or implied by this Scope of Services. If tasks are not specifically listed, then they are excluded. 2 | P a g e Page 342 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize the City Manager to approve a construction contract with Viking Painting LLC, for an amount not to exceed $508,250, and to authorize a ten percent (10%) contingency of the authorized amount, to replace the protective coating of the wash water tower at the Courtney Bend Water Treatment Plant as part of the Paint West Wash Water Tower Project (No. 402701). Recommendations: Council approval is recommended. Background: Bids for this project were solicited through an Invitation to Bid (ITB#26034). There were 2 construction bids for this project: Contractor Bid Total Viking Painting LLC $508,250 Thomas Industrial Coatings $707,025 Staff have verified that Viking Construction Inc. has successfully and satisfactorily completed similar projects for other municipalities in the past. Their bid is being recommended for this contract. This project is for the coating of the wash water tower at the Courtney Bend Water Treatment Plant, which is used for water storage for all filter backwashes that take place at the plant. This contract includes surface preparation, priming, and field coating on both the interior and exterior of the tower. The coating process was last completed in 2001 and is necessary to maintain the continued structural integrity of the tower. The estimated life expectancy of the new coat is approximately 20 years. This is a budgeted capital project. Page 343 of 668Emergency Justification: Fiscal Impact: The fiscal impact to the City is $559,075, including a ten percent (10%) contingency. Funding for the Painting West Wash Water Tower (No. 402701) is included in the Fiscal Year 2026-2027 budget, on page 203, in account 402701-C-0417041-5406. Council Action: Department / Municipal Services / Contact REVIEWERS Mike Jackson Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Official Bid Tab Summary #26034 - Protective Coatings Replacement - Wash Water Tower 2. Construction Contract - Viking Painting LLC - Paint Washwater Tower Project - No. 402701 Page 344 of 668Line Item Bid Bid Type ExcelFormat Bid Tabulation Matrix Version 1 Bid ITB #26034 - Protective Coatings Replacement: Elevated Wash Water Tower End Date 2026-08-10 03:00 PM CDT Vendor Thomas Industrial Coatings Viking Painting LLC Item Code Item Name Item Description Qty Unit Unit Price Total Price Unit Price Total Price Surface preparation, priming, and field coating for interior wet 1. surfaces Provide all materials and labor for surface preparation,1 Job priming, and field$383,530.00 coating for interior wet surfaces$383,530.00 for the elevated wash water tower$161,000.00 at the Courtney Bend Water Treatment$161,000.00 Plant. Brand Item Vendor Ref Number Surface preparation, priming, and field coating for all exterior 2. surfaces and appurtenances Provide all materials and labor for surface preparation,1 Job priming, and field$323,495.00 coating for all exterior surfaces and$323,495.00 appurtenances. $347,250.00 $347,250.00 Brand Item Vendor Ref Number TOTAL $707,025.00 $508,250.00 Page 345 of 668 CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this 8th day of September of 2026__, by and between the CITY OF INDEPENDENCE, MISSOURI, acting through the City Manager, thereunto duly authorized to do so, Party of the First Part and hereinafter called the Owner; and Viking Painting LLC , a LLC of the State of Missouri , Party of the Second Part hereinafter called the Contractor, WITNESSETH: THAT WHEREAS the Owner has caused to be prepared, in accordance with the law, specifications, plans and other contract documents for the work herein described, and has approved and adopted said documents, and has caused to be published in the manner for the time required by law, an advertisement for and in connection with the construction of items in accordance with the terms of this contract; and, Whereas the said Contractor, in response to such advertisement, has submitted to the Owner in the manner and at the time specified, a sealed Proposal in accordance with the terms of said advertisement; and, Whereas the Owner, in the manner prescribed by law, has publicly opened, examined and canvassed the Proposals submitted in response to the published invitation therefore, and as a result of such canvass has determined and declared the aforesaid Contractor to be the lowest or best bidder for the said work and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's Proposal, a copy therefore being attached to and made a part of this contract agreement. NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the Parties to these presents have agreed and hereby agree, the Owner for itself and it's successors, and the Contractor for itself or themselves, or it's, or their successors and assigns, or it's or their executors and administrators, as follows: ARTICLE 1. That the Contractor shall a. furnish all tools, equipment, supplies, insurance, superintendence, transportation and other construction accessories, services and facilities; b. furnish all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; c. provide and perform the necessary labor and, in a good, substantial and workmanlike manner, in accordance with the general provisions and technical specifications of this contract, which are attached hereto and made a part hereof, and in conformity with the contract plans and specifications designated and identified therein; d. make payment of all wages in conformance with the official schedule of wage rates C - 1 of 3 Page 346 of 668 as determined by the Labor and Industrial Relations Commission of the Missouri Department of Labor and Industrial Relations, and in compliance with the Prevailing Wage Law of Missouri, all as set forth in the general provisions which are attached hereto and made a part hereof by reference, perform and observe all of the terms, agreements, requirements and conditions contained in the general provisions and technical specifications which are attached hereto and made a part hereof by reference; e. execute, construct and complete all work included in and covered by the Owner's official award of this contract to the said Contractor, such award being based on the acceptance by the Owner of the Contractor's Proposal (or part thereof if Owner so elects). ARTICLE 2. That the Owner shall pay to the Contractor for the performance of the work embraced in this contract, and the Contractor will accept as full compensation therefore, a sum (subject to change orders approved by the City Council) not to exceed Five-Hundred Eight Thousand, Two-Hundred Fifty and 00/100 Dollars ($ 508,250 ) for all work covered by and included in the contract award and designated in the foregoing Article 1; payment thereof to be made in the manner provided in the general provisions hereto attached. ARTICLE 3. That the Contractor shall start work on, or within ten (10) days following the date of a written order from the Owner to the Contractor to proceed with the work to be performed under the provisions of this contract, or on a subsequent date designated and authorized by the Owner in said order, and that the Contractor shall complete said work by DECEMBER 31ST, 2026 and after the date of, or subsequent date authorized in, said order by the Owner to proceed. ARTICLE 4. This Contract Agreement shall be governed by the laws of the State of Missouri. The Owner and the Contractor agree that performance of this Contract Agreement will be deemed to have occurred in the State of Missouri and that Contractor’s performance under this Contract Agreement will be deemed the transaction of business in Missouri. Jurisdiction and venue for any claim or cause of action arising under this Contract Agreement shall be exclusively in the Sixteenth Judicial Circuit of Missouri and the Contract submits to personal jurisdiction of and waives any personal jurisdiction or inconvenient forum objection to, that court. IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written. C - 2 of 3 Page 347 of 668 CITY OF INDEPENDENCE MISSOURI Party of the First Part (Owner) By Troy Anderson, City Manager ATTEST: Susanne Holland, City Clerk Party of the Second Part (Contractor) By SEAL: Address ATTEST: City & State Corporate Secretary -------------------------------------------------------------------------------------------------------- The foregoing contract and bond(s) are in due form according to law and are hereby approved. ATTORNEY FOR OWNER: Jeremy Cover, City Counselor C - 3 of 3 Page 348 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize the City Manager to approve Change Order #1 to the existing contract (PO#27000490) with SHEDIGS IT, LLC, for a revised contract amount not to exceed $313,523, and to authorize change orders up to ten percent (10%) of the authorized amount, for additional construction-related expenses as part of the 1716 Rogers Street Emergency Stormwater Project (No. 131802). Recommendations: Council approval is recommended. Background: During the course of emergency stormwater repairs at 1716 Rogers Street, it was discovered that a water main was in direct conflict with the new stormwater pipe and structures. This resulted in additional labor, material, equipment usage, and trucking costs to the overall contract with SHEDIGS IT LLC, of $62,570, for a new purchase order total of $313,523. Original Purchase Order: $250,048 Change Order #1: $ 62,570 New Contract Total: $313,523 This project is to make necessary repairs to failed piping at 1716 Roger Street, which resulted in the formation of a sinkhole. Emergency Justification: Fiscal Impact: Page 349 of 668The fiscal impact to the City is $344,876, including contingency. Funding for the Emergency Stormwater Project (No. 131802) is included in the Fiscal Year 2026-2027 budget, on page 203, in account 131802-C-0587058-5406. Council Action: Department / Municipal Services / Contact REVIEWERS Mike Jackson Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. CO#1 - SHEDIGS IT - Cost Worksheet - 1716 Rogers Street Emergency SW Page 350 of 668 Date: August 13, 2026 COST WORKSHEET Owner Name: City of Independence Owner Contract No. Rogers Road Reason for Cost: SDI Project No. 26061 Rogers Road Cost Mock Up - Additional Cost for watermain conflict and unforseen soil conditions Time Extension: N/A SELF PERFORM WORK Description Quantity Unit Unit Price Extension Totals Additional Crew Days (Foreman, 2 Laborers, 1 Operator, 2 Excavators)6 Shifts $ 5,950.00 $ 35,700.00 Additional Superintendent Time30 Hours $ 125.00 $ 3,750.00 Additional Sr. Project Manager Time10 Hours $ 175.00 $ 1,750.00 $ - $ - SELF PERFORM WORK $ 41,200.00 SUBCONTRACTOR Description Quantity Unit Unit Price Extension Totals $ - $ - $ - $ - $ - $ - SUBCONTRACTOR $ - MATERIAL Description Quantity Unit Unit Price Extension Totals Sheet Piling and Street Plate Rental For Additional Shoring1 Week $ 1,400.00 $ 1,400.00 Additional Haul Off and Haul In of Stable Soil22 Loads $ 750.00 $ 16,500.00 Additional Street Patch (16' Wide instead of 8' Wide) 5 CY$ 225.00 $ 1,125.00 Additional AB3 67 TN$ 35.00 $ 2,345.00 $ - $ - MATERIAL $ 21,370.00 Subtotal (Including Markup): $ 62,570.00 TOTAL $ 62,570.00 Page 351 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize the City Manager to approve a professional services contract with, and issue a purchase order to, Wilson & Company for an amount not to exceed $153,655.90, and to authorize change orders up to ten percent (10%) of the authorized amount, for environmental review services as part of the Englewood Roundabout & Winner Road Upgrades Project (No. 112603). Recommendations: Council approval is recommended. Background: In March 2026, the City Council authorized the City Manager to enter into a $7.38 million RAISE (Rebuilding America Infrastructure with Sustainability and Equity) grant agreement with the United States Department of Transportation (USDOT) Federal Highway Administration (FHWA) for the Englewood Roundabout & Winner Road Upgrades Project (No. 112603). A federal funding prerequisite to the design and construction of this project is an environmental review, which includes the preparation of National Environmental Policy Act (NEPA) documentation necessary to obtain environmental permitting. Staff issued a Request for Proposals (RFP #26016) seeking qualified engineering firms to perform environmental investigations and services necessary for NEPA permitting. Staff received proposals from 2 firms. After reviewing the proposals, staff selected Wilson & Company to perform the necessary environmental investigation services and NEPA documentation preparation for this project. Staff have negotiated a scope and fee not to exceed $153,655.90 for these services. The Englewood Roundabout & Winner Road Upgrades Project (No. 112603) will transform the 5-way intersection at Northern Blvd. and E. 18th St. S, into a modern roundabout, and provide streetscape improvements to the historic Englewood Arts District. Initial plans for streetscape improvements include sidewalk and lighting improvements, ADA updates to infrastructure, possible traffic enhancements, and the implementation of bicycle and pedestrian amenities such as benches, trash cans, and bike racks. Initial plans for the Englewood Roundabout include a potential large art installation in the center. Page 352 of 668 Additionally, this project will provide a connection between the improved pedestrian and multimodal infrastructure created by the Winner Road Complete Streets Project and the Truman Connected Ph. 1 Project. The complete financial responsibilities of this grant are as follows: Federal Cost Share: $7,379,648 City Cost Share: $1,844,912 Total: $9,224,560 Emergency Justification: Fiscal Impact: The fiscal impact to the City is $169,021.49, including a ten percent (10%) contingency. Funding for the Englewood Roundabout & Winner Road Upgrades Project is included in the Fiscal Year 2026-2027 budget, on page 203, in account 112603-C-0517051-5406. This project will receive approximately $7.38 million in RAISE Grant reimbursement, with an approximately $1.8 million City match in funding from the Street Sales Tax (Fund 011). Council Action: Department / Municipal Services / Contact REVIEWERS Mike Jackson Page 353 of 668Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Scope of Services - Wilson & Company - Englewood Roundabout - No. 112603 2. Contract - Professional Services - Wilson & Co. - Environmental Review - Englewood Roundabout - Project No. 112603 Page 354 of 668 City of Independence, Missouri Englewood Arts District and Corridor Improvements Project No. 112603 SCOPE OF SERVICES Project Description The Englewood Roundabout project will provide safety and commercial benefits to the Englewood Art District through transportation infrastructure initiatives. It would remedy issues with the current 5-way intersections located at Winner Road and Northern Boulevard, by replacing the existing intersection with a roundabout. The project also involves pedestrian improvements to the streetscape down the central corridor of Winner Road in the center of the Englewood Arts District. The corridor improvements extend along Winner Road from Sterling Avenue to S. Hedges Avenue (Exhibit A). 1. Project Management and Coordination A. Scope 1) Invoicing and Progress Reports a) Prepare invoices using the City’s standard format. b) Prepare progress reports that include a brief narrative describing the activities for the invoice. c) Invoices and progress reports will be submitted electronically, monthly. 2) Meetings a) Organize, attend, and document City and FHWA core team meetings, assumed to be virtual and monthly for 4 months and then biweekly (4 months) once a DB Team is selected (12 meetings/1 hour in length) until CE approval. It is anticipated a DB Team will be selected by end of 2026. b) Hold internal team progress meetings with project team members biweekly. 3) Project Coordination and Management a) The Consultant’s Project Manager or designee will coordinate work activities with the City’s Project Manager and team. b) Prepare, update the overall project schedule and provide to the City for review and approval. c) Prepare the project management plan. d) Prepare the project quality management plan for inclusion in the project management plan. Page 1 of 9 Page 355 of 668 City of Independence, Missouri Englewood Arts District and Corridor Improvements Project No. 112603 e) Project closeout including a final project report. B. Deliverables 1) Progress Reports 2) Invoices 3) Meeting Notes 4) Project Schedule 5) Project Management Plan 2A/2B. Environmental A. Scope: 1) A pre-scoping, preliminary review of available recent environmental and cultural resources information indicated that no work has been completed for the project area. Consultant will perform an in-depth review of available data to avoid duplication of work to the extent practicable and perform all necessary surveys and analysis as described below to complete the CE and NEPA Checklist documents. 2) Produce GIS shapefiles and .kmz files establishing an environmental study area. 3) Consultation under Section 106 of the NHPA will be carried out by the FHWA. The Consultant will prepare information for submittal to tribal governments and other stakeholders or consulting parties as identified by FHWA. 4) Perform surveys and associated impact analysis for the following environmental resources based on the Preferred Alternative design. a. Water Resources i. Collect and review applicable National Wetland Inventory Maps and USGS maps for the project area. In addition, perform a delineation to verify the presence and approximate size of wetlands and other aquatic sites in the corridor, including surface waters, streams, and any other jurisdictional or non-jurisdictional Water of the United States. Wetland delineations, and completion of USACE wetland determination forms, will be completed as needed. Features delineated will be Page 2 of 9 Page 356 of 668 City of Independence, Missouri Englewood Arts District and Corridor Improvements Project No. 112603 provided in .kmz format. Consultant will provide a wetland delineation report that summarizes the findings. It is assumed the project would not require Clean Water Act (CWA) 404/401 permitting. b. Wildlife, Migratory Birds and Bats, T&E Species i. Wildlife and Habitat – Consultant will review the Missouri Department of Conservation’s (MDC) Heritage Database for the project area for sensitive species and habitat records. Based on the information gathered, Consultant will conduct any necessary wildlife and habitat field reviews in the project study areas. The Consultant will conduct a query of IPaC for threatened and endangered species within the study area. The Consultant will document all findings, coordination, and results related to potential impacts to wildlife and habitat and provide all information to FHWA for FWS Section 7 ESA compliance. ii. Migratory Bird and Bat Survey - Consultant will perform a visual migratory bird and bat survey at the project location. Any evidence of migratory bird nesting or bat roosting will be documented. This will be completed by a qualified biologist. c. Air Quality Assessment i. As the project location is in attainment for air quality, no air quality assessment is required for the proposed improvements. d. Floodplains i. A review of Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM) for the study area confirmed the project is not located in a floodplain. It is assumed the project will not encroach into a mapped floodplain; this information will be included in the CE. e. Hazardous Waste Assessment i. Review and use appropriate EPA databases as well as the Missouri Department of Natural Resources (DNR) Environmental Site Tracking and Research Tool (E- Start) of major known hazardous waste, hazardous material, or solid waste disposal locations within the project area as needed. Assuming an EDR report for known hazardous waste locations will be required. ii. A non-intrusive fieldwork (windshield survey) may be required to determine the exact location and obvious limits of contamination to be shown on the constraints map. All sites that impact the Preferred Alternative will be identified. f. Socio-Economic/Demographic Studies Page 3 of 9 Page 357 of 668 City of Independence, Missouri Englewood Arts District and Corridor Improvements Project No. 112603 i. Consultant will complete a community impact assessment on potential community, social, neighborhood, and economic impacts. FHWA guidance on the preparation of Community Impact Assessment will be used. g. Recreational Facilities i. Section 4(f) and Section 6(f) impacts will be investigated. The scope is limited to verification of non-impact. Section 4(f) and Section 6(f) evaluations/reports are assumed in this scope. h. Farmland i. The Consultant will review the project area to determine if it is located within Prime Farmland and subject to the Farmland Protection Act. It is assumed coordination with the National Resource Conservation Service (NRCS) will not be required. i. Noise Impacts i. The project is assumed to be a Type III project and will not require noise studies. j. Cultural Resources (Archaeological Survey) i. The Consultant will conduct a cultural resource study with the City, state, and federal regulations guiding this research. Prior to the beginning of the study, Consultant will work with the City, internal engineering teams, and FHWA as needed to identify anticipated direct and indirect impacts and develop an appropriate Area of Potential Effects (APE) to guide identification efforts, with the understanding that the APE for direct and indirect impacts may differ (36 CFR 800.16(d)). Once the APE is established, Consultant will assist FHWA to initiate the tribal consultation process. ii. The Section 106 work will be carried out by, or under the direction of, an individual who meets the Secretary of the Interior’s Professional Qualification Standards. iii. The Consultant will conduct an archival review. This review will summarize all burial grounds and cemeteries that once existed or still exist within the study area. iv. The Consultant will complete the archaeological investigation within the APE to identify prehistoric and historical sites. Work will adhere to MoSHPO’s Guidelines for Phase I Archaeological Surveys and the Secretary of the Interior’s Standards and Guidelines for Identification Efforts. This current scope of services covers only consultant services through the Phase I survey and the subsequent Phase I survey report. This should include preliminary eligibility assessments or recommendations for additional (i.e. Phase II) work. If any site in ROW is recommended for a Phase II testing by MoSHPO, additional scope may be Page 4 of 9 Page 358 of 668 City of Independence, Missouri Englewood Arts District and Corridor Improvements Project No. 112603 needed. Site forms for new and revisited sites, and MoSHPO Review and Compliance Information and Cultural Resource Investigation administration forms shall be completed and submitted to MoSHPO at the same time as the Phase I report. v. Consultant will submit a draft report of investigations to MoSHPO. This report will detail the results of archaeological investigations including eligibility recommendations for individual sites and a recommendation of effects on resources eligible for listing on the NRHP. Recommendation regarding project effects will fall into one of four categories: No Historic Properties Located, No National Register Eligible Historic Properties Located, National Register Eligible Historic Properties Located, or Historic Properties May Meet Requirements for National Register Listing; Phase II Testing is Recommended. Recommendations regarding eligibility and effects will be made only for the portion of any resources accessible within the project area. k. Cultural Resources (Architectural Survey) i. Consultant will conduct an architectural survey to identify and document all architectural resources that are 45 or more years of age, including buildings, structures, objects, bridges, and districts/landscapes. In addition, any architecture potentially eligible for the NRHP regardless of age, any architecture that will be directly impacted regardless of age, and any architecture less than 45 years old that is part of a complex or district that has at least one building 45 years old or older, will also be documented. Since the area that will be directly impacted will be limited, the area of potential effects (APE) will include all properties within 50feet of either side of the Preferred Alternative. The architectural survey will include all buildings over 45 years old (built during or before 1981), but not eligible for inclusion on the NRHP, at least one photograph will be taken. The location of these resources will be noted on ArcGIS Pro maps. These resources will be summarized in the report. ii. Consultant will prepare one Architectural Study Report. l. Develop a list of environmental commitments per site for the project area. B. Deliverables a. NEPA Classification Categorical Exclusion Form & NEPA Checklist b. Shapefile and .kmz of all environmental study areas c. Water Resources – .kmz file showing delineated wetlands/streams/etc. and a delineation report Page 5 of 9 Page 359 of 668 City of Independence, Missouri Englewood Arts District and Corridor Improvements Project No. 112603 d. Wildlife, Migratory Birds and Bats, T&E Species – provide report/documentation of bridge and culvert checks. e. Hazardous Waste Assessment –Summary report of sites f. Archeological & Architectural Survey Report g. Mapping Deliverables include: i. Project Location ii. Farmland Classification iii. Socioeconomic Impacts iv. Sole Source Aquifer Impacts, if applicable v. National Wetlands Indicators vi. Nationwide Rivers Inventory, if applicable vii. FEMA Floodplain viii. FEMA/SEMA Buyout Impacts, if applicable ix. Air Quality Status x. Cultural Resources xi. Section 4(f)/6(f) Properties xii. Wild and Scenic Rivers, if applicable xiii. Hazardous Materials 2. Procurement & CE Compliance A. Scope 1) Assist the City in reviewing the design-build team’s proposed design to verify compliance with the environmental commitments documented in the NEPA CE. 2) Environmental NEPA CE Commitment Oversight a) Assist the City in quarterly design-builder meetings for 18 months (9 meetings) until project completion. b) Assist the City in compliance on environmental CE commitments during construction (18 months). c) Support the City in communications with design build team, regulatory bodies, and other stakeholders. d) CE Re-Evaluation: Conduct a re-evaluation of the CE if the DB proposed design extends beyond the original CE approved limits. It is assumed encroachment outside the approved CE limits would be minor and impacts to existing resources would be minor. Page 6 of 9 Page 360 of 668 City of Independence, Missouri Englewood Arts District and Corridor Improvements Project No. 112603 B. Deliverables 1) Monthly environmental compliance review memo documenting the design-build team’s compliance with environmental commitments during construction (18 months) as discussed in the design build team meetings. This assumes no construction site visits. 2) CE Re-Evaluation (If Necessary) 3. Public Outreach A. Scope 1) Prepare and maintain a Public Outreach Plan. 2) Develop content for the City to update and maintain a project webpage. 3) Regularly prepare social media content for the City to post on all social media platforms to promote the public meeting and public comment period. 4) Prepare meeting materials for City’s review and approval, consisting of: a) Project-wide display board. b) Site specific display board. c) Project-wide informational handout. d) Talking points for City and Consultant staff. e) Fact sheet for City and Consultant staff. Fact sheet will be posted on project webpage. 5) Prepare and publish public outreach materials such as display boards, fact sheet and informational handout. 6) Prepare an online comment form to post on the City’s project webpage for up to two weeks after the public meeting. 7) Prepare documentation of comments after public comment period a) Participate in a meeting with the City to discuss public comments and develop responses as applicable. Page 7 of 9 Page 361 of 668 City of Independence, Missouri Englewood Arts District and Corridor Improvements Project No. 112603 8) Review of all public documents for Section 508 compliance, as required. B. Deliverables 1) Public Outreach Plan 2) Outreach materials for the public outreach 3) Display boards and other meeting materials 4) Online public comment form 5) Public comments and responses document 6) Project webpage content Project Assumptions 1. Consultant will assist the City with one public outreach meeting 2. CWA 404/401 permit will not be required 3. Assumes NEPA CE level document 4. Architectural Survey will use a 50-foot buffer for effects determinations 5. Cultural Resources Reporting will primarily use the short form report format 6. Archaeological Survey will not require mechanical trenching for deeply-buried deposits. 7. Assumes two people, one field day for archaeological and architectural survey 8. Assumes two people, one field day for wetland delineations, T&E and wildlife habitat review/visual assessment, and hazardous material site review Excluded Services Services specifically excluded from the scope of services include, but are not limited to: 1. Traffic studies 2. Noise studies 3. Phase I Environmental Site Assessment (Phase I ESA HAZMAT Reports) 4. Phase II cultural resources testing 5. Floodplain permits 6. Conditional Letter of Map Revisions (CLOMR) 7. Letter of Map Revisions (LOMR) 8. Threatened and Endangered Bat Species Acoustic Surveys 9. Wetland and WOUS Mitigation 10. Tree Mitigation 11. Permitting (CWA or Land Disturbance) 12. Permitting Fees Page 8 of 9 Page 362 of 668 City of Independence, Missouri Englewood Arts District and Corridor Improvements Project No. 112603 13. Permitting Monitoring/Compliance 14. Construction Administration 15. NPDES Construction Permit 16. USACE Pre-Construction Notification 17. Environmental Assessment (EA) NEPA Level Documentation 18. Public Outreach In-Person or Virtual Meeting Page 9 of 9 Page 363 of 668 Environmental Review Englewood Roundabout No. 112603 CONTRACT FOR PROFESSIONAL SERVICES This contract, made by and between the City of Independence, Missouri (hereinafter called City) and, ____________________________Wilson & Company___________________, a Corporation (hereinafter called consultant). W I T N E S S E T H: WHEREAS, City requires _____________________________________________________Environmental Review 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 ____________________________.$153,655.90 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 364 of 668ARTICLE 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 365 of 668the 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 366 of 668the 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 367 of 668pertinent 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 368 of 668result 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: ___________________________________________________________________________________Adi Smadi; aal-smadi@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 369 of 668City Consultant By_________________________________ By _______________________________ Title ______________________________ Date _______________________________ Date______________________________ 7 Page 370 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council approval is requested to authorize the City Manager to approve a construction contract with Brotcke Well and Pump, for an amount not to exceed $620,417, and to authorize change orders up to ten percent (10%) of the authorized amount, for the rehabilitation of five wells at the Courtney Bend Water Treatment Plant. Recommendations: Council approval is recommended. Background: Bids for this contract were solicited through an Invitation to Bid (ITB #26035). There were two construction bids for this project: Cahoy Pump Service $665,000 Brotcke Well & Pump $620,417 Staff have verified that Brotcke Well and Pump has successfully and satisfactorily completed similar projects with the City in the past. Their bid is being recommended for this contract. This project will rehabilitate, maintain, and repair five of the water supply wells at the Courtney Bend Water Treatment Plant (CBWTP). The Water Production Division of Municipal Services operates forty-four vertical wells that supply raw water to the CBWTP. To sustain operational capacity, these wells require timely maintenance and rehabilitation, cleaning, and repairing mechanical and electrical components. This is an annually budgeted operational expense. Emergency Justification: Page 371 of 668 Fiscal Impact: The fiscal impact to the City is $682,458, including a ten percent (10%) contingency. Funding for the annual well rehabilitation is included in the Fiscal Year 2026-2027 budget, on page 201, in account 0404815-5212 - Water Fund (040) - Operating Expenses. Council Action: Department / Municipal Services / Contact REVIEWERS Mike Jackson Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Official Bid Tab Summary - ITB #26035 - Well Rehab Project 2026 2. Construction Contract - Brotcke Well and Pump - Well Rehab Project 2026 Page 372 of 668 Pricing Worksheet for Rehabilitation of Water Production Wells CAHOY BWP CAHOY BWP Line Item Sub-Line Item Description Quantity Unit Price Price Technique No. 1 Pricing Technique No. 2 Pricing Technique No. 3 Pricing Technique No. 1 Pricing Technique No. 2 Pricing Technique No. 3 Pricing Well No. 12 A. Pull and Inspect Pump 1 Lot $20,000.00 $25,820.00 B. Complete Pump Replacement 1 Lot $38,000.00 $47,232.00 C. Well Rehabilitation 1 Lot $70,000.00 $77,562.00 $77,312.00 $58,350.00 D. Install Pump 1 Lot $20,000.00 $29,840.00 Sub-Total for Well No. 12 (one for each sub-line item "C" technique) - Summation of Sub-Line Items $148,000.00 NO BID NO BID $180,454.00 $180,204.00 $159,242.00 A, B, C, D Well No. 24 A. Pull and Inspect Pump 1 Lot $20,000.00 $25,820.00 B. Complete Pump Replacement 1 Lot $38,000.00 $37,832.00 C. Well Rehabilitation 1 Lot $70,000.00 $77,562.00 $77,312.00 $56,350.00 D. Install Pump 1 Lot $20,000.00 $29,840.00 Sub-Total for Well No. 24 (one for each sub-line item "C" technique) - Summation of Sub-Line Items $148,000.00 NO BID NO BID $171,054.00 $170,804.00 $149,842.00 A, B, C, D Well No. 25 A. Pull and Inspect Pump 1 Lot $15,000.00 $13,540.00 B. Complete Pump Replacement 1 Lot $23,000.00 $32,882.00 C. Well Rehabilitation 1 Lot $70,000.00 $77,265.00 $78,299.00 $55,057.00 D. Install Pump 1 Lot $15,000.00 $10,960.00 Sub-Total for Well No. 25 (one for each sub-line item "C" technique) - Summation of Sub-Line Items $123,000.00 NO BID NO BID $134,647.00 $135,681.00 $112,439.00 A, B, C, D Well No. 40 A. Pull and Inspect Pump 1 Lot $15,000.00 $13,640.00 B. Complete Pump Replacement 1 Lot $23,000.00 $22,625.00 C. Well Rehabilitation 1 Lot $70,000.00 $77,265.00 $78,299.00 $55,057.00 D. Install Pump 1 Lot $15,000.00 $10,960.00 Sub-Total for Well No. 40 (one for each sub-line item "C" technique) - Summation of Sub-Line Items $123,000.00 NO BID NO BID $124,390.00 $125,242.00 $102,182.00 A, B, C, D Well No. 43 A. Pull and Inspect Pump 1 Lot $15,000.00 $13,540.00 B. Complete Pump Replacement 1 Lot $23,000.00 $16,860.00 C. Well Rehabilitation 1 Lot $70,000.00 $77,265.00 $78,299.00 $55,057.00 D. Install Pump 1 Lot $15,000.00 $10,960.00 Sub-Total for Well No. 43 (one for each sub-line item "C" technique) - Summation of Sub-Line Items $123,000.00 NO BID NO BID $118,625.00 $119,659.00 $96,417.00 A, B, C, D Total Cost (Summation of Line Items Well No. 12, 24, 25, 40, and 43 sub-total) for each sub-line $665,000.00 NO BID NO BID $729,170.00 $731,772.00 $620,417.00 item "C" technique. Page 373 of 668 CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this 8th day of September of 20__26, by and between the CITY OF INDEPENDENCE, MISSOURI, acting through the City Manager, thereunto duly authorized to do so, Party of the First Part and hereinafter called the Owner; and Brotcke Well & Pump , a Corporation of the State of Missouri , Party of the Second Part hereinafter called the Contractor, WITNESSETH: THAT WHEREAS the Owner has caused to be prepared, in accordance with the law, specifications, plans and other contract documents for the work herein described, and has approved and adopted said documents, and has caused to be published in the manner for the time required by law, an advertisement for and in connection with the construction of items in accordance with the terms of this contract known as ___________________________________________________________Well Rehabilitation Project - CBWTP - 2026 _; and, Whereas the said Contractor, in response to such advertisement, has submitted to the Owner in the manner and at the time specified, a sealed Proposal in accordance with the terms of said advertisement; and, Whereas the Owner, in the manner prescribed by law, has publicly opened, examined and canvassed the Proposals submitted in response to the published invitation therefore, and as a result of such canvass has determined and declared the aforesaid Contractor to be the lowest or best bidder for the said work and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's Proposal, a copy therefore being attached to and made a part of this contract agreement. NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the Parties to these presents have agreed and hereby agree, the Owner for itself and it's successors, and the Contractor for itself or themselves, or it's, or their successors and assigns, or it's or their executors and administrators, as follows: ARTICLE 1. That the Contractor shall a. furnish all tools, equipment, supplies, insurance, superintendence, transportation and other construction accessories, services and facilities; b. furnish all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; c. provide and perform the necessary labor and, in a good, substantial and workmanlike manner, in accordance with the general provisions and technical specifications of this contract, which are attached hereto and made a part hereof, and in conformity with the contract plans and specifications designated and identified therein; C - 1 of 3 Page 374 of 668 d. make payment of all wages in conformance with the official schedule of wage rates as determined by the Labor and Industrial Relations Commission of the Missouri Department of Labor and Industrial Relations, and in compliance with the Prevailing Wage Law of Missouri, all as set forth in the general provisions which are attached hereto and made a part hereof by reference, perform and observe all of the terms, agreements, requirements and conditions contained in the general provisions and technical specifications which are attached hereto and made a part hereof by reference; e. execute, construct and complete all work included in and covered by the Owner's official award of this contract to the said Contractor, such award being based on the acceptance by the Owner of the Contractor's Proposal (or part thereof if Owner so elects). ARTICLE 2. That the Owner shall pay to the Contractor for the performance of the work embraced in this contract, and the Contractor will accept as full compensation therefore, a sum (subject to change orders approved by the City Council) not to exceed Six-Hundred Twenty Thousand, Four-Hundred Seventeen Dollars ($ 620,417 ) for all work covered by and included in the contract award and designated in the foregoing Article 1; payment thereof to be made in the manner provided in the general provisions hereto attached. ARTICLE 3. That the Contractor shall start work on, or within ten (10) days following the date of a written order from the Owner to the Contractor to proceed with the work to be performed under the provisions of this contract, or on a subsequent date designated and authorized by the Owner in said order, and that the Contractor shall complete said work within ( N/A ) consecutive calendar days from and after the date of, or subsequent date authorized in, said order by the Owner to proceed. ARTICLE 4. This Contract Agreement shall be governed by the laws of the State of Missouri. The Owner and the Contractor agree that performance of this Contract Agreement will be deemed to have occurred in the State of Missouri and that Contractor’s performance under this Contract Agreement will be deemed the transaction of business in Missouri. Jurisdiction and venue for any claim or cause of action arising under this Contract Agreement shall be exclusively in the Sixteenth Judicial Circuit of Missouri and the Contract submits to personal jurisdiction of and waives any personal jurisdiction or inconvenient forum objection to, that court. IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year C - 2 of 3 Page 375 of 668first above written. CITY OF INDEPENDENCE MISSOURI Party of the First Part (Owner) By Troy Anderson, City Manager ATTEST: Susanne Holland, City Clerk Party of the Second Part (Contractor) By SEAL: Address ATTEST: City & State Corporate Secretary -------------------------------------------------------------------------------------------------------- The foregoing contract and bond(s) are in due form according to law and are hereby approved. ATTORNEY FOR OWNER: Jeremy Cover, City Counselor C - 3 of 3 Page 376 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: Council action is requested to authorize the City Manager to approve Change Order #1 to the existing design services contract (PO#) with Crawford, Murphy, & Tilly (CMT), for a revised contract amount not to exceed $172,220, and to authorize change orders up to ten percent (10%) of the authorized amount, for additional engineering services as part of the 23rd Street Complete Streets Phase 1 Project (No. 112111). Recommendations: Council approval is recommended. Background: These additional design services include the preparation of two additional easement documents, attendance at public meetings, utility coordination through construction, and assistance with finalizing bidding documentation required by the Missouri Department of Transportation (MoDOT). Staff have obtained a quote from CMT for these additional services, totaling $20,925, bringing the revised contract price to $172,220: Original Contract Total: $151,295 Change Order #1: $ 20,925 Revised Contract Total: $172,220 The City has been awarded $145,086 in federal funding from the Mid-America Regional Council's (MARC) Transportation Alternatives Program (TAP) fund to support the 23rd Complete Streets Project (No. 112111). In addition, the HUB Shopping Center has also committed $ 1,000,000 towards the project, in order to improve access to and from the shopping center. The project will include filling in the numerous existing sidewalk gaps along this stretch of the corridor and will install/update pedestrian signal infrastructure at the 23rd Street and Lee's Summit Road intersection. The first phase of this project will address these issues on 23rd Street from Lee's Summit Road to 291 Highway. Page 377 of 668 This is a budgeted capital expense. Emergency Justification: Fiscal Impact: The fiscal impact to the City is $189,442, including a ten percent (10%) contingency. This project is eligible for up to $145,086 in TAP federal funding reimbursement through MARC. This project will also receive $1,000,000 in support from the HUB Shopping Center. Funding for the 23rd Street Complete Streets Project (No. 112111) is included in the Fiscal Year 2025-2026 budget, on page 239, in account 112111-C-0517051-5406. Council Action: Department / Municipal Services / Contact REVIEWERS Mike Jackson Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: Page 378 of 6681. CO#1 - Scope of Service CMT - 23rd Street Complete Streets Ph. 1 - Project No. 112111 Page 379 of 668 SCOPE OF WORK 23 rd Street Sidewalk Project City of Independence, Missouri GENERAL PROJECT INFORMATION CMT has been requested to perform design services for a sidewalk infill project along 23 rd Street / Missouri Highway 78 (MO 78) from Lee’s Summit Road to Missouri Highway 291 (MO 291) in Independence, MO. Existing sidewalk shall be used in place. Additionally, the project will install/update the signal infrastructure at 23 rd Street and Lee’s Summit Road to full ADA compliance. This amendment covers two additional easement documents needed, a public open house meeting, and providing bidding phase services to assemble the bid book and attend a pre-bid and bid opening meeting. TASK ITEM SUMMARY: TASK 01 – ADMINISTRATION / PROJECT MANAGEMENT/ QAP A. Continuous coordination and response to requests from City staff throughout the duration of the project. B. Contract administration, billing preparation and review, and management of staff. C. A Quality Assurance Plan will be developed, and a QC/QA review will be performed on the Preliminary/Right of Way and Final PS&E Deliverables. TASK 02 – TOPOGRAPHIC SURVEY TASK 03 – PERMITTING & ENVIRONMENTAL COMPLIANCE TASK 04 – UTILITY COORDINATION A. Follow up with utility companies on relocation plan progress. TASK 05 – ROADWAY DESIGN 5.1 Preliminary Roadway Plans – 30% 5.2 Right of Way Plans – 60% 5.3 Final Plans A. Adjust design to eliminate need for easement or ROW on 3 parcels. 5.4 Bidding A. Develop and compile the project Bid Book. B. Create a work plan study. C. Develop a utility status letter. D. Complete the MoDOT LPA Checklist E. Draft the Right of Way Clearance Letter F. Attend a pre-bid meeting in Independence. TASK 05 – PUBLIC ENGAGEMENT A. CMT will provide materials and attend one (1) public meeting following the preliminary/Right of Way plan review. B. CMT will coordinate with the City to identify a host site. TASK 06 – RIGHT OF WAY ACQUISITION A. Research properties for ownership & right of way information B. Develop and prepare temporary construction easement documents for two additional parcels. TASK 07 – CONSTRUCTION PHASE SERVICES Page 1 of 2 6/25/2026 Page 380 of 668 SCOPE OF WORK 23 rd Street Sidewalk Project City of Independence, Missouri A. No additional services. ASSUMPTIONS/EXCLUSIONS: The following assumptions were made when developing this scope of work. Any revisions to these assumptions would necessitate an amendment or supplement to the agreement. - Construction inspection services to be provided by others. - Construction reporting, pay application review, close out documentation and other paperwork related to construction activities will be completed by others. - The City will be responsible for administration of the bidding and construction contract. The consultant may answer technical questions during the bidding process. - Pre-bid meeting will be 1 hour in duration, in-person. - Bid opening will be 0.5 hour in duration, in-person. - Assume 1 hour per week for 12 weeks for utility coordination during construction. ADDITIONAL SERVICES Additional services not noted previously can be provided on an as-needed basis in an amended contract. Page 2 of 2 6/25/2026 Page 381 of 668 GTB BSE Prep By DATE 08/17/26 ApprovedDATE by 08/17/26 MAN HOURS & LABOR SUMMARY 6 Environmental Scientist Technician 12 10 18 32 Architect Admin Specialist Specialty Professional Planner , Project Tech Project Planner Proj Specialty Prof Civil Engineer, Struct Engr Proj Environ Scientist Proj Civil Engr Project Struct Engr Senior Technician 12 $3,300 $3,300 Senior Admin Specialist Senior Technician 2 $25 $4,135 $50 $7,010 Senior Civil Engr Senior Envir Scientist Senior Specialty Prof City of Independence Sr Env Scientist 2 23rd Street SidewalksProj Manager, Sr Arch 2 Sr Struct Engineer 24006990-00 Amendment 1 Sr Spec or Sr Struct Engr 2 $3,375 $20,665 Sr Planner 2 , Sr Spec Prof 2 MULTI-YEAR + OT $20,925 Sr Civil Engineer 2 MLTPLR & AMT SUBS SUBS OTHER OTHER OTHER TOTAL TOTAL Principal 6 CLIENT $3,000 $300 Senior Principal MATERIALS 2 8 CMT JOB NO. PROJECT NAME 6 12 8 24 Senior Principal 2 CRAWFORD, MURPHY & TILLY, INC. CONTRACT ATTACHMENT - EXHIBIT A - 2026 PROFESSIONAL SERVICES COST ESTIMATE Page 382 of 668 DIRECT EXPENSE & REIMBURSABLES TASKS \ CLASSIFICATIONS AVERAGE OVERTIME RATE PREMIUM 15% TOTAL CURRENT YEAR 2026 HOURLY RATES $350 $325 $315 $290 $250 $235 $200 $190 $185 $180 $160 $150 $135 TOTAL TOTAL EST % OF OT HRS INCLUDED ABOVE EFFORT MILEAGE LODGING MENT T&B ADMIN100% EXP EXP EXP EXPENSE FEE TASK NO. TASK $1,890$25 $1,890 $50 Administration / Project Management / QAP 1 Topographic Survey $2,220 $2,220 2 Permitting & Environmental Compliance $2,110 $2,110 3 Utility Coordination $4,110 4 Roadway Design $6,960 5 Public Engagement 6 Bid Phase Services 7 Construction Phase Services 8 TOTAL MAN HOURS 22$75 56 $3,000 $300 78 9 10 11 SUBTOTAL - BASETASKS LABOR (CONTINUED) EFFORT LABOR TRAVEL $6,930 MEALS & PRINTING EQUIP- MISC $10,360 $17,290 12 13 2026 2027 2028 2029 14 70% 30% 15 MATH CROSS CHECK IS OK Administration / Project Management / QAP 1 Topographic Survey 2 Permitting & Environmental Compliance 3 Utility Coordination 4 Roadway Design Public Engagement 5 TOTALS $17,290 6 Bid Phase Services 7 Construction Phase Services 8 9 10 TIME PERIOD OF PROJECT 11 ROUNDING 12 TOTAL FEE 13 ESTIMATED CONTINGENCY 14 15 PERCENTAGE OF WORK TO BE PERFORMED BY YEAR WEIGHTING FACTOR FOR 5% ANNUAL ADJUSTMENT 0.7000 0.3150 1.0150 OT ADJUSTMENT FACTOR 1.0150 $260 23rd Street new TAB: ESTIMATE OF ENGINEERING FEE 1 OF 1 8/17/2026 2:29 PM City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-762 A resolution adopting the 2026-2029 Independence City Council Strategic Action Plan Update. Recommendations: Council approval is recommended. Background: The 2026–2029 Strategic Action Plan Update for the City of Independence outlines a refreshed vision, priorities, and implementation framework developed through collaborative workshops with the Mayor, City Council, department heads, and key staff. This update reaffirms six core focus areas (community engagement, economic innovation, city planning, financial stability, public safety, and organizational performance) while highlighting accomplishments and refining goals based on current needs and long-term aspirations. Through structured discussions held in May and July 2026, City elected officials and staff evaluated existing objectives, identified new strategies, and prioritized actions that support community well-being, economic growth, and operational effectiveness. To ensure clarity and achievable progress, objectives were ranked and categorized into short (objectives targeted for completion in less than 1 year), mid (objectives targeted for completion in 1–2 years), and long (objectives targeted for completion in 2–3 years) term timelines. The Plan emphasizes key efforts such as strengthening public transportation partnerships, expanding small business support, reducing crime and poverty through community engagement, promoting redevelopment in targeted neighborhoods, and enhancing workforce development across City departments. Recognizing that community needs and resources evolve, the document positions the Plan as a flexible, living framework. An implementation worksheet will help track departmental progress, maintain accountability, and ensure the City continues to adapt its actions to emerging opportunities and community expectations. Emergency Justification: Page 383 of 668 Fiscal Impact: Council Action: Department / City Manager / Contact REVIEWERS Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. CM.City Council 2026-2029 Strategic Action Plan Update 2. Independence Strategic Action Plan Update 08.12.26 Page 384 of 6682026-2029 CITY COUNCIL STRATEGIC AGENDA UPDATE 08/18/2026 - CED BILL NO. ________ RESOLUTION NO. ______ A RESOLUTION ADOPTING THE 2026-2029 INDEPENDENCE CITY COUNCIL STRATEGIC ACTION PLAN UPDATE. WHEREAS, the Charter of the City of Independence, Section 1.2, empowers the City Council to determine the policies of the City of Independence; and, WHEREAS, the Council established a vision statement and strategic goals by the passage of Resolution No. 4017 on June 6, 1994, amended the strategic goals by Resolution No. 4937 on October 31, 2002; further amended by Resolution No. 5879 on January 6, 2014; adopted the Independence for All 2017-2021 strategic plan by Resolution No. 6186 on February 6, 2017, amended the strategic plan by Resolution No. 6647 on March 1, 2022, adopted the 2023-2024 City of Independence Strategic Goals by Resolution 6902 on February 20, 2023, and adopted the 2024-2027 Strategic Agenda of the City of Independence by Resolution 7068 on November 4, 2024; and, WHEREAS, the Council now wishes to adopt the 2026-2029 Strategic Action Plan Update, which updates key objectives and strategies across six strategic imperatives: an Engaged Community, a Growing Economy, a Safe and Friendly Community, a Well-Planned City, a Financially Sustainable Organization, and a High-Performance Organization; and, WHEREAS, the 2024-2027 Strategic Agenda was developed based on extensive community input and sets forth clear objectives and metrics for monitoring progress; and, WHEREAS, the 2026-2029 Strategic Action Plan Update was developed by a workshop with the Mayor, City Council, and Department Heads on May 18, 2026, and by a workshop with Department Heads on July 23, 2026, to discuss the goals identified during the May 18 workshop. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the 2026-2029 Strategic Action Plan Update of the City of Independence, attached hereto and incorporated by reference, is hereby adopted. SECTION 2. That Resolution No. 7068 and any other prior resolutions in conflict with this resolution are hereby repealed. SECTION 3. That the City Manager is directed to implement the 2026-2029 Strategic Action Plan Update and to prepare any recommendations to the City Council for legislative or budgetary actions necessary to achieve the goals set forth in the agenda. Page 385 of 6682026-2029 CITY COUNCIL STRATEGIC AGENDA UPDATE 08/18/2026 - CED 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 Page 386 of 668 STRATEGIC ACTION PLAN UPDATE 2026 - 2029 Page 387 of 668 Table Of Contents 03 Process 04 Focus Areas 05 2026 Key Strategic Priorities 08 Goal Timeline Categories 09 What’s Next 10 Vision for the Future A.1 Action Plan Worksheet Independence, Missouri Page 388 of 668 Acknowledgements Thank you to the following individuals for their contributions to this Strategic Action Plan Update. Mayor City Staff Kevin King Troy Anderson Lisa Reynolds City Council Charlie Dissell John Perkins Jimmy Walker Cody Atkinson Joseph Hegendeffer Jackie Dorman Melissa Cabrera Brice Stewart Morris Heide Heather Wiley Tom Scannell Jennie Vaught Sherae Honeycutt Doug Brinkley Jason Newkirk Christina Heinen Mike Jackson Susanne Holland Carissa Smith Heather Benker Page 389 of 668 INDEPENDENCE, MISSOURI Process On May 18, 2026, the Mayor and City Council members participated in a strategic planning workshop to update the existing Strategic Action Plan. Department heads and key City staff were on hand to provide insight and support to the City Council during their discussions on the various topics. This work session was open to the public with one member of the public attending the majority of the meeting. Through productive discussion and collaboration, the Mayor and City Council reviewed existing goals to determine which should be added, revised, or eliminated. They also shared their vision for the future of Independence and prioritized goals. Activities also included discussion of accomplishments or “wins” to date, completion of a visioning exercise on the future of Independence and sharing of perspectives of what each focus area in the Strategic Action Plan means to them. On July 23, 2026, department heads and other key staff participated in a work session to discuss the goals identified during the May 18th workshop and worked together to develop the strategies/tactics to achieve each goal, identified team leads, partners, resources, and determined time frames for completion. 3 Page 390 of 668 INDEPENDENCE, MISSOURI Focus Areas The following 6 focus areas were developed with the original Strategic Action Plan and were re-affirmed by the Mayor and City Council. 01 02 03 An Engaged An Innovative A Safe, Community Economy Welcoming Community 04 05 06 A Well A Financially A High Planned City Stable Performance Organization Organization 4 Page 391 of 668 INDEPENDENCE, MISSOURI Key Strategic Priorities Trying to prioritize too many items within any given period can lead to confusion of purpose among those charged with implementation. When too many things are deemed “top priority,” staff struggles with how best to proceed creating obstacles, a strain on resources, and lack of clarity. While there are many important things that will need attention in the coming months and years, the City Council has committed to focusing on the following Key Strategic Priorities over the next several years. During the workshop, the Mayor and City Council participated in voting exercises to rank all identified objectives. The top priorities that emerged are provided below. Priority ranking is an overall ranking across all 6 Focus Areas, and some priorities resulted in tie votes as shown below Priority 1 - Encourage infill development and placemaking through activity nodes and centers. (focus area 4) Priority 1 - Coordinate with RideKC partners to ensure that public transportation connects the Independence workforce to quality jobs. (focus area 1) Priority 2 - Establish a small business support center to facilitate and guide the City’s licensing and permitting process. (focus area 2) Priority 2 - Determine the infrastructure expansions needed to support future development and redevelopment. (focus area 2) Priority 2 - Reduce crime and disorder through engagement efforts with the community. (focus area 3) Priority 2 - Reduce poverty in the City and its impacts. (focus area 3) Priority 2 - Reduce crime and disorder through engagement efforts with the community. (focus area 3) Priority 2&3 * - Establish a new communication plan and protocols for enhanced internal and external communication to share city news, initiatives, and updates. (focus area 1) *objectives were consolidated into one. Priority 3 - Focus efforts on no-birth instead of no-kill animal welfare services. (focus area 3) Priority 3 - Enhance existing community services networks and mental health programs and services. (focus area 3) 5 Page 392 of 668 INDEPENDENCE, MISSOURI Key Strategic Priorities Priority 3 - Target neighborhoods, corridors, and activity centers to encourage reinvestment and long-term stability. (focus area 4) Priority 3 - Prioritize economic development to grow the City and the tax base. (focus area 5) Priority 3 - Be a “Best in Class” Employer. (focus area 6) Priority 4 - Identify a permanent facility solution for the Independence Regional Animal Shelter. (focus area 4) Priority 4 - Continue to identify ways in which the City and its departments can engage with education facilities. (focus area 2) Priority 4 - Increase operational efficiencies and delivery of public services. (focus area 3) Priority 4 - Increase recruitment within the Police and Fire departments for all positions. (focus area 3) Priority 4 - Develop a comprehensive professional development and training program within the Police and Fire departments to address succession planning needs. (focus area 3) Priority 4 - Identify community service organizations such as Community Services League, Habitat for Humanity, and others to strengthen relationships with. (focus area 1) Priority 5 - Enhance the City’s relationship with area educational facilities such as Blue-River Community College and the following school districts: Independence, Fort Osage, Blue Springs and Raytown. (focus area 1) Priority 5 - Evaluate space and maintenance needs for all City buildings, including recreation centers and associated site amenities. (focus area 4) 6 Page 393 of 668 INDEPENDENCE, MISSOURI Key Strategic Priorities Priority 5 - Develop planning tools for older neighborhoods such as Fairmount and Englewood that will foster redevelopment, stabilization, and reinvestment. (focus area 4) Priority 5 - Identify and capture additional funding mechanisms for City services and program delivery. (focus area 5) Priority 5 - Develop a cross functional team culture. (focus area 6) Priority 5 - Create a Culture of Innovation and Leadership at all levels. (focus area 6) Priority 5 - Support career growth and development of employees. (focus area 6) Priority 6 - Support tourism programs and interest to attract more visitors to Independence. (focus area 5) Priority 6 - Review and assess the Stay Well Employee Insurance Program. (focus area 5) Priority 6 - Strengthen resident readiness for emergencies. (focus area 3) Priority 6 - Focus resources on addressing safety in public parks. (focus area 3) Priority 6 - Continue historic preservation efforts for the Square. (focus area 4) Priority 6 - Promote the use of natural buffers and enhanced visual landscapes throughout the City. (focus area 4) Priority 6 - Increase sense of community and belonging for all residents. (focus area 4). (focus area 4) 7 Page 394 of 668 INDEPENDENCE, MISSOURI Goal Completion Timelines The City has identified numerous goals to be achieved over the next three years. To support successful implementation, objectives were prioritized based on importance. Next, during the July work session, City Staff organized all objectives into three timeline categories: short-term, mid- term, and long-term objectives. short Objectives are targeted for completion in less than 1 year. mid Objectives are targeted for completion in 1-2 years. long Objectives are targeted for completion in 2-3 years. 8 Page 395 of 668 INDEPENDENCE, MISSOURI What’s Next? Now that the City of Independence has updated its Strategic Action Plan, the focus shifts from planning to implementation. To support this transition, an implementation worksheet has been developed to help departments monitor progress, maintain clarity and accountability, and achieve successful outcomes. The City recognizes that community needs, priorities, and available resources may change over time. As a result, this Strategic Action Plan is intended to be a flexible and adaptable tool rather than a static document. Objectives, timelines, and implementation strategies should be reviewed regularly and adjusted as needed to reflect emerging opportunities, changing conditions, and evolving community expectations. This approach will help ensure the Plan remains relevant, responsive, and effective in guiding the City toward achieving its strategic goals. STRATEGIC ACTION PLAN FOCUS AREAS FOCUS FOCUS FOCUS FOCUS FOCUS FOCUS AREA 1 AREA 2 AREA 3 AREA 4 AREA 5 AREA 6 Goals Goals Goals Goals Goals Goals Objectives Objectives Objectives Objectives Objectives Objectives Strategies/ Strategies/ Strategies/ Strategies/ Strategies/ Strategies/ Tactics Tactics Tactics Tactics Tactics Tactics 9 Page 396 of 668 INDEPENDENCE, MISSOURI A Vision for the Future The Strategic Action Plan is developed and regularly updated to focus on the future, set clear priorities, use resources effectively, and ensure we are best serving our community's needs today and tomorrow. 10 Page 397 of 668City of Independence, MO Independence Municipal Commons 20201 E. Jackson Drive Page 398 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-763 A resolution adopting the City of Independence Five-Year Financial Plan for Fiscal Years 2027-2031 and establishing a framework for long-term financial planning and prioritization. Recommendations: Council approval is recommended. Background: The City of Independence is committed to strengthening its long-term financial stability and ensuring that public resources are managed responsibly in alignment with community priorities. In May 2026, the City Council and City staff participated in a comprehensive strategic and financial planning session to evaluate current fiscal conditions, define guiding principles for financial management, and identify strategies to support sustainable investment in City services and infrastructure. This collaborative effort resulted in the development of a Five-Year Financial Plan for Fiscal Years 2027-2031, a framework designed to unify the City Council's strategic direction with established plans and policies, including the Comprehensive Plan, the Capital Improvement Plan, departmental master plans, and annual budgeting processes. The Financial Plan defines core financial principles, establishes measurable indicators to track performance, and outlines a phased implementation strategy intended to move from policy development to strategic investment, asset renewal and ongoing fiscal evaluation. Adoption of the Financial Plan provides a consistent methodology for assessing competing priorities, making informed budgetary and capital decisions, and safeguarding the City's existing assets. Ultimately, the Plan serves as a critical tool in ensuring that Independence remains fiscally resilient and well-prepared to meet both current needs and future opportunities. Emergency Justification: Page 399 of 668 Fiscal Impact: There is no fiscal impact to the adoption of this policy. Council Action: Department / City Manager / Contact REVIEWERS Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Financial Plan Resolution 2. Exhibit A - Financial Plan Final Page 400 of 6682027-2031 FINANCIAL PLAN 08/26/2026 MC BILL NO. ________ RESOLUTION NO. ______ A RESOLUTION ADOPTING THE CITY OF INDEPENDENCE FIVE-YEAR FINANCIAL PLAN FOR FISCAL YEARS 2027 – 2031 AND ESTABLISHING A FRAMEWORK FOR LONG-TERM FINANCIAL PLANNING AND PRIORITIZATION. WHEREAS, the City Council of the City of Independence, Missouri is dedicated to the long-term financial stability of the City and ensuring that public resources are aligned with the community’s priorities and long-term needs; and WHEREAS, on May 17-18, 2026, the City Council and City staff participated in a strategic and financial planning session to establish principles to guide the City’s financial planning, capital investment, and resource allocation decisions; and WHEREAS, as a result of that planning process, the City has developed a Five-Year Financial Plan for Fiscal Years 2027-2031 (the “Financial Plan”) to serve as a framework connecting City Council priorities, the Imagine Independence 2040 Comprehensive Plan, the Capital Improvement Plan, adopted master plans and policies, annual budgets, and departmental operations; and WHEREAS, the Financial Plan establishes financial and planning principles, measurable indicators by which the City may evaluate progress; and WHEREAS, the Financial plan further establishes a five-year implementation strategy designed to move the City from development of foundational policies and financial information to strategic investment, asset renewal, evaluation and development of the City’s next five-year financial strategy; and, WHEREAS, the City Council finds that the adoption of the Financial Plan will provide a consistent framework for evaluating competing priorities, making informed financial decisions, protecting existing public investment, and advancing the long-term fiscal sustainability of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the City Council hereby adopts the City of Independence Five-Year Financial Plan for Fiscal Years 2027-2031, substantially in the form presented to the City Council and attached hereto as Exhibit A, as the City’s strategic framework for long-term financial planning and prioritization. SECTION 2. That the City Manager and City staff are directed to utilize the planning principles contained in the Financial Plan, as appropriate, in the development and evaluation of Page 401 of 6682027-2031 FINANCIAL PLAN 08/26/2026 MC future annual operating budgets, capital improvement programs, financial forecasts, debt recommendations, reserve policies, departmental work plans, and other financial and operational recommendations presented to the City Council. SECTION 3. That the City Manager is authorized and directed to coordinate implementation of the Financial Plan and its five-year implementation strategy, including development of the assessments, policies, funding targets, performance measures and recommendations identified herein. 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 Page 402 of 668 Exhibit A Financial Plan City of Independence, Missouri FY 2027-2031 Page 403 of 668Executive Summary On May 17-18, 2026, the City of Independence conducted a two-day strategic and financial planning session to establish new planning principles and ensure that the City’s planning efforts align with policy direction adopted by the City Council. The Five-Year Financial Plan (the “Financial Plan”) serves as the implementation framework connecting the City’s Comprehensive Plan, Capital Improvement Program, utility master plans, parks master plan, neighborhood initiatives, economic development policies and other adopted strategies to annual budget and long-term financial forecasts. This integrated approach ensures that financial resources are directed toward Council priorities while advancing the community’s long-term vision. Staff collaborated with City Council to develop a framework grounded in five planning principles that focus on asset preservation, prudent debt management, neighborhood stabilization, resident quality of life, and structurally balanced budgeting and forecasting measures. Planning Principles 01 02 03 04 05 Preserve Reduce debt Expand Maintain and Maintain a existing public for non- neighborhood improve stucturally assets before essential stabilization quality of life balanced constructing projects and initiatives for residents budget with new ones manage fully funded liability risk reserves Using these principles as a guide, Administration recommends evaluating future funding priorities using such questions as: ▪ Does it preserve an existing asset? ▪ Does it reduce deferred maintenance? ▪ Does it reduce liabilities or lower future costs? ▪ Does it create recurring expenditures? ▪ Does it have a dedicated and recurring funding source? ▪ Does it revitalize neighborhoods? ▪ Does it encourage private investment? ▪ Does it improve accessibility, safety, or community identify? ▪ Are alternative funding sources available (e.g., grant money)? Page 2 of 9 Page 404 of 668Strategic Planning Principles Principle 1 - Preserve Existing Infrastructure • Continue prioritizing rehabilitation over replacement where practical • Develop a comprehensive deferred maintenance inventory • Evaluate asset condition(s) throughout their lifecycle • Establish annual funding targets The City will target annual spending of at least 1.0% of the current replacement value of its existing capital assets for rehabilitation, renewal, and replacement, provided that such amount can be modified to account for changes in asset conditions, emergency expenditures, or to conform to the City’s CIP. Primary Supporting Documents Capital Improvement Plan (CIP); Asset Management Plan; Pavement Management Plan; Utility Master Plans Success Measurements Deferred Pavement Condition Facility Condition Annual capital maintenance Index Index reinvestment as % backlog of replacement value Principle 2 – Non-Essential Debt Reduction and Liability Management • Prudent and economical early retirement of existing debt • Worker’s compensation prevention • Insurance reserve adequacy To apply this principle, the City will reduce its reliance on long-term debt to finance new non- essential projects and explore opportunities to retire debt early on an ongoing basis. To determine the appropriateness of long-term financing or early debt reduction, the City should consider the essentiality of the project, economic conditions (e.g., the prevailing interest rate environment), financing costs, the opportunity cost of using cash (e.g., lost investment income), the source of expected debt repayments, the useful life of the Page 3 of 9 Page 405 of 668underlying asset(s), and the distribution of project costs and benefits across current and future generations (e.g., intergenerational equity). The City will strengthen its workers’ compensation prevention programs to reduce claim frequency and long‑term liabilities. The City will maintain adequately funded insurance reserves to safeguard the City against significant unexpected losses. Primary Supporting Documents Financial Policies; Debt Management Policy; Reserve Policy; Risk Management Program Success Measurements Debt service as % Workers Insurance reserve of expenditures compensation funded ratio claims frequency Principle 3 – Improve Neighborhood Stability Develop a multi-year Stabilization Plan that combines: • Safe building demolition • Property acquisition & redevelopment • Highly visible community improvements To apply this principle, the multi‑year Stabilization Plan will integrate several strategies aimed at strengthening neighborhood conditions and improving long‑term livability. Dangerous building demolition will focus on removing structurally unsafe or blighted properties that pose risks to public safety and depress surrounding property values. Complementing this effort, targeted property acquisition and redevelopment will allow the City to reposition underutilized or abandoned parcels for productive use, encouraging private investment and fostering more stable housing and commercial activity. Additionally, visible community improvements—such as enhanced lighting, streetscape upgrades, façade improvements, and targeted beautification projects—will help restore confidence in affected neighborhoods, improve resident satisfaction, and signal ongoing municipal commitment to revitalization. Page 4 of 9 Page 406 of 668Primary Supporting Documents Comprehensive Plan 2040; Economic Development Policy Success Measurements Number of Vacant property Private investment dangerous reduction dollars structures removed Principle 4 – Maintain and Improve Quality of Life for Residents • Rehabilitation of existing parks • Reassess transit services • ADA improvements • Safety improvements • Revenue-generating amenities To apply this principle, the City will invest in public amenities and services that strengthen community identity, improve accessibility, and enhance residents’ daily lives. Consistent with the Comprehensive Plan, investments will prioritize improvements that preserve and develop parks and facilities, expand safe and accessible transportation options, enhance public safety initiatives, and create vibrant public spaces that encourage recreation, economic activity, and neighborhood pride. Primary Supporting Documents Comprehensive Plan 2040; Parks Master Plan; ADA Transition Plan; Utility Master Plans Success Measurements Park condition Miles of ADA- Park utilization Resident score compliant satisfaction sidewalks Page 5 of 9 Page 407 of 668Principle 5 – Protect Financial Sustainability • Review Reserve Policies o Proposal for a new minimum of 25-35% of unrestricted General Fund reserve o Establish reserve policies for Risk Management, Workers Compensation and Staywell Funds o Establish Capital Replacement Reserves o Disciplined use of reserves to protect stability • Align recurring revenues and expenditures o Recurring expenditures should be funded with recurring revenues to ensure structurally balanced budgets • Thoroughly evaluate long-term financial consequences and support stable funding sources to build predictable revenue to sustain operational expenditures and responsibly fund growth. Success Measurements General Fund Structural Capital funding Reserve % operating surplus ratio Page 6 of 9 Page 408 of 668Five-Year Implementation Strategy Year 1 – Establish the Foundation | Fiscal Year 2026-2027 Key Initiatives • Begin development of a comprehensive deferred maintenance and asset-condition assessment. • Review long-term debt and identify opportunities for early retirement, refunding, or restructuring. • Update General Fund and actuarially supported self-insurance reserve targets • Define sustainable funding targets for dangerous-building remediation. • Begin capital prioritization using the Planning Principles. Expected Outcome The City establishes the policies, data, and financial framework necessary to support informed long-term decision making. Year 2 – Begin Strategic Investment | Fiscal Year 2027-2028 Key Initiatives • Increase capital investment based on Planning Principles and financial capacity. • Launch neighborhood stabilization and quality of life initiatives. • Develop lifecycle maintenance and capital replacement schedules for major capital assets. • Establish recurring annual contributions for capital replacement, dangerous building remediation, and other identified priorities. Expected Outcome Residents begin to see visible improvements as the City transitions from assessment and planning to implementation. Year 3 – Accelerate Asset Renewal | Fiscal Year 2028-2029 Key Initiatives • Reduce deferred maintenance backlog, prioritizing assets that present the greatest safety, operational, and financial risks. • Evaluate infrastructure-funding capacity and available financing options. Page 7 of 9 Page 409 of 668 • Refine capital investment priorities based on asset condition and project performance. • Review progress toward reserve, debt, and recurring capital-funding targets. • Pursue grants, partnerships, and other external funding opportunities. Expected Outcome The condition and reliability of public assets improve, reducing service disruptions, long- term costs, and financial risk. Year 4 – Evaluate and Adjust | Fiscal Year 2029-2030 Key Initiatives • Conduct a comprehensive review of progress and emerging risks • Reassess Council priorities based on results and updated community needs • Update financial policies and the CIP based on affordability, operating impacts, and changing conditions. • Expand, redesign, or discontinue initiatives based on results Expected Outcome The City realigns its priorities and financial commitments based on measurable results, affordability, and changing conditions. Year 5 – Measure Results and Renew the Strategy | Fiscal Year 2030-2031 Key Initiatives • Quantify changes in reserves, debt, asset conditions, deferred maintenance, and neighborhoods. • Update the long-term financial forecast and infrastructure funding requirements. • Report accomplishments, remaining needs, and financial challenges to City Council. • Develop the next five-year financial strategy. Expected Outcome The City demonstrates measurable progress and adopts a new strategy grounded in renewed priorities. Page 8 of 9 Page 410 of 668 Page 9 of 9 Page 411 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-764 A resolution reappointing Laura Dominik to the Personnel Board Recommendations: Background: Emergency Justification: Fiscal Impact: Council Action: Department / Council and Board / Contact REVIEWERS Page 412 of 668Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Laura Dominik Reappt Res 2026 Page 413 of 668Personnel Board Reappointment Dominik 9/8/26 SH BILL NO. _________ RESOLUTON NO. _________ A RESOLUTION REAPPOINTING LAURA DOMINIK AS A MEMBER OF THE PERSONNEL BOARD OF THE CITY OF INDEPENDENCE, MISSOURI WHEREAS, the City Council of the City of Independence, Missouri, did pursuant to Ordinance No. 427 passed on the 17th day of September, 1963, as amended (Section 1.15.001 of the City Code), and the City Charter, article 3, Section 3.27, create the Personnel Board of the City of Independence, Missouri; and WHEREAS, Laura Dominik was a member of the Personnel Board and their term has expired, and WHEREAS, the City Council deems it advisable to reappoint Laura Dominik to said Personnel Board because of their qualities of leadership, temperance, judgment and interest in fostering good personnel administration for employees of the City of Independence; and, WHEREAS, said individual is duly qualified to serve, according to the Charter and ordinances of this City; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the City Council of the City of Independence, Missouri, hereby reappoints the following individual to the Personnel Board, to serve without compensation for the indicated term or until duly succeeded by another person properly reappointed and qualified: Name Term Expires Laura Dominik September 1, 2030 PASSED THIS _____ DAY OF _____________ 2026, BY HE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. ______________________________ Presiding Officer of the City Council of the City of Independence, Missouri Page 414 of 668ATTEST: _____________________________ City Clerk APPROVED AS TO FORM AND LEGALITY: ______________________________ City Counselor REVIEWED BY: ______________________________ City Manager Page 415 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-765 A resolution appointing Carter Sevic to the Planning Commission Recommendations: Background: Emergency Justification: Fiscal Impact: Council Action: Department / Council and Board / Contact REVIEWERS Page 416 of 668Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. C Sevic Res Planning Comm 2026 Page 417 of 668City Planning Commission Appt. C Cevic 9/8/26 SH BILL NO. _________ RESOLUTION NO. _________ A RESOLUTION APPOINTING CARTER SEVIC AS A MEMBER OF THE CITY PLANNING COMMISSION OF THE CITY OF INDEPENDENCE, MISSOURI WHEREAS, the City Council of the City of Independence, pursuant to Ordinance No. 427, passed on the 27th day of September, 1963, as amended (Section 1.18.001 of the City Code) and the City Charter, Article 12, Section 12.1, create the Planning Commission of the City of Independence, Missouri; and, WHEREAS, one term has expired, creating a vacancy; and, WHEREAS, the City Council deems it necessary and advisable to appoint Carter Sevic to the City Planning Commission because of their qualities of leadership, temperance, and judgment to fill the vacancy; and, WHEREAS, said individual is qualified to serve, according to the Charter and ordinances of this City, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the City Council of the City of Independence, Missouri, hereby appoints the following individual to the City Planning Commission of the City of Independence, Missouri, each to serve without compensation for the indicated term or until duly succeeded by another person properly appointed and qualified: Name Address Term Expires Carter Sevic 10513 E. 25th Terr S. July 1, 2030 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 418 of 668ATTEST: _____________________________ City Clerk APPROVED AS TO FORM AND LEGALITY: ______________________________ City Counselor REVIEWED BY: ______________________________ City Manager Page 419 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-766 A resolution appointing Dennis Hart to the Board of Adjustment Recommendations: Background: Emergency Justification: Fiscal Impact: Council Action: Department / Council and Board / Contact REVIEWERS Page 420 of 668Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. D. Hart Res for Appt BOA Page 421 of 668Board of Adjustment Appt. D Hart 8/3/26 SH BILL NO. __________ RESOLUTION NO. __________ A RESOLUTION APPOINTING DR. DENNIS HART AS A REGULAR MEMBER OF THE BOARD OF ADJUSTMENT OF THE CITY OF INDEPENDENCE, MISSOURI. WHEREAS, the City Council of the City of Independence, Missouri, did, pursuant to ordinance No. 427 passed on the 27th day of September 1963, as amended (Section 1.19.001 of the City Code), and the City Charter, Article 12, Section 12.5 and 12.6 create the Board of Adjustment of the City of Independence, Missouri; and, WHEREAS, due to the expiration of a term, a vacancy has been created; and, WHEREAS, the City Council deems it advisable to appoint Dr. Dennis Hart to the Board of Adjustment because of their qualities of leadership, temperance, and judgment; and, WHEREAS, said individual is duly qualified to so serve, according to the Charter and ordinances of this City; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the City Council of the City of Independence, Missouri, hereby appoints the following individual to the Board of Adjustment, to serve without compensation for the indicated term or until duly succeeded by another person properly appointed and qualified: Name Address Term Expiration Date Dr. Dennis Hart 18712 E. 28th Terr. 7/1/2031 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 422 of 668ATTEST: _____________________________ City Clerk APPROVED AS TO FORM AND LEGALITY: ______________________________ City Counselor REVIEWED BY: ______________________________ City Manager Page 423 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-767 A resolution appointing Linda Seever to the Housing Authority Commission Recommendations: Background: Emergency Justification: Fiscal Impact: Council Action: Department / Council and Board / Contact REVIEWERS Page 424 of 668Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. L Seever Res 2026 Page 425 of 668Housing Authority Commission Appt. L. Seever 9/8/26 SH BILL NO. _________ RESOLUTION NO. _________ A RESOLUTION APPOINTING LINDA SEEVER AS A MEMBER OF THE HOUSING AUTHORITY COMMISSION OF THE CITY OF INDEPENDENCE, MISSOURI WHEREAS, pursuant to Section 90.0550 RSMo., the Mayor of the City of Independence Missouri has the authority to appoint commissioners to the Housing Authority; and, WHEREAS, the expiration of one term has created a vacancy; and, WHEREAS, the City Council deems it advisable to affirm the Mayor’s appointment of Linda Seever to the commission; and, WHEREAS, said individual is duly qualified to serve, according to the Charter and ordinances of this City; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the City Council of the City of Independence, Missouri, hereby reappoints the following individual to the Housing Authority Commission, to serve without compensation for the indicated term or until duly succeeded by another person properly appointed and qualified: Name Address Term Expires Linda Seever 2600 Hub Drive 9/05/2030 PASSED THIS _____ DAY OF ______________, 2026, BY HE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI. ______________________________ Presiding Officer of the City Council of the City of Independence, Missouri ATTEST: _____________________________ City Clerk Page 426 of 668 APPROVED AS TO FORM AND LEGALITY: ______________________________ City Counselor REVIEWED BY: ______________________________ City Manager Page 427 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-768 A resolution appointing Mary Smead and reappointing Pamela Smith to the Independence Park Commission Recommendations: Background: Emergency Justification: Fiscal Impact: Council Action: Department / Council and Board / Contact Page 428 of 668REVIEWERS Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Smead Appt Smith Reappt Res 2026 Page 429 of 668Park Commission Appt. Mary Smead/Reappt. Pamela Smith 9/8/26 SH BILL NO. _________ RESOLUTION NO. _________ A RESOLUTION APPOINTING MARY SMEAD AND REAPPOINTING PAMELA SMITH AS MEMBERS OF THE PARK COMMISSION OF THE CITY OF INDEPENDENCE, MISSOURI WHEREAS, the City Council of the City of Independence, Missouri, has established a Park Commission within the City of Independence by the provisions in Article 9 of Chapter 1 of the “Code of the City of Independence, Missouri”; and, WHEREAS, the expiration of terms have created vacancies; and, WHEREAS, the City Council deems it necessary and advisable to appoint Mary Smead and reappoint Pamela Smith to said Independence Park Commission because of their qualities of leadership temperance, judgment, and interest in promoting public education, use and knowledge regarding the City’s Parks and Recreation Programs; and, WHEREAS, said individuals are qualified to serve, according to the Charter and ordinances of this City and the Council does hereby affirm the individual appointments made by each Councilmember; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the City Council of the City of Independence, Missouri, hereby appoints the following individual to the Park Commission of the City of Independence, Missouri, each to serve without compensation for the indicated term or until duly succeeded by another person properly appointed and qualified: Name Address Term Expires Mary Smead 3713 S. Breckenridge Dr 9/1/2029 Pamela Jean Smith 1000 S. Woodbury St. 9/1/2029 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 430 of 668 ATTEST: _____________________________ City Clerk APPROVED AS TO FORM AND LEGALITY: ______________________________ City Counselor REVIEWED BY: ______________________________ City Manager Page 431 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-769 A resolution appointing Ralvell Rogers to the Japanese Sister City Committee Recommendations: Background: Emergency Justification: Fiscal Impact: Council Action: Department / Council and Board / Contact REVIEWERS Page 432 of 668Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. RRogers Res 2026 Page 433 of 668Japanese Sister City Committee Appt Rogers 3/3/25 SH BILL NO. _________ RESOLUTION NO. _________ A RESOLUTION APPOINTING RALVELL ROGERS AS A MEMBER OF THE JAPANESE SISTER CITY COMMITTEE OF THE CITY OF INDEPENDENCE, MISSOURI WHEREAS, the City Council, by the passage of Resolution No. 1239 on January 16, 1978, did establish a Japanese Sister City Committee to work for a lasting relationship, to build a mutual friendship and understanding, and thereby enhance the cause of international peace under the Sister City International Program with specific contact with the City of Higashimurayama, Japan; and, WHEREAS, a resignation has created a vacancy; and, WHEREAS, the City Council deems it necessary and advisable to appoint Ralvell Rogers to said Committee because of their qualities of leadership, temperance, judgment, and interest in said Committee; and, WHEREAS, said individual is duly qualified to so serve, according to the Charter and ordinances of the City; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the City Council of the City of Independence, Missouri, hereby appoints the following named citizens to the Japanese Sister City Committee to serve without compensation for the indicated term or until duly succeeded by another person, property qualified and appointed: Name Term Expires Ralvell Rogers 5/1/2029 Page 434 of 668 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 Page 435 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-770 A resolution amending Article I as it pertains to Workplace and Equal Employment Opportunity Policies, Amendment and Adoption of Personnel Policies and Procedures Manual Recommendations: Council approval is recommended. Background: This proposed revision to the Personnel Policies and Procedures Manual simplifies the amendment and adoption process for future policy manual updates. This amendment was presented to and supported by the Personnel Board on August 25, 2026. Emergency Justification: Fiscal Impact: Council Action: Department / Human Resources / Contact Page 436 of 668 REVIEWERS Carissa Smith Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Personnel Policy Change Article I 2. Exhibit A Page 437 of 668 BILL NO. _________ RESOLUTION NO. ____________ A RESOLUTION AMENDING THE PERSONNEL POLICIES AND PROCEDURES OF THE CITY OF INDEPENDENCE, MISSOURI, TO UPDATE ARTICLE I AS IT PERTAINS TO WORKPLACE AND EQUAL EMPLOYMENT OPPORTUNITY POLICIES AMENDMENT AND ADOPTION OF PERSONNEL POLICIES AND PROCEDURES MANUAL WHEREAS, on or about June 17, 1985, the City of Independence adopted the Personnel Policies and Procedures Manual; and, WHEREAS, City staff identified the need to make amendments to the Manual; and, WHEREAS, on August 25, 2026, after notice was given in accordance with the City’s Personnel Policies and Procedures Manual, the Personnel Board held a hearing to consider amending the text of the Manual; and, WHEREAS, the Personnel Board recommends approval of amendments by Council; and, WHEREAS, the City wishes to amend Article I as set forth in Exhibit A. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That Article I of the Personnel Policies and Procedures of the City of Independence, Missouri is hereby amended as set forth in Exhibit A, which is attached hereto and incorporated herein. 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 Page 438 of 668 REVIEWED BY: _______________________________________ City Manager Page 439 of 668 EXHIBIT A ARTICLE I. EMPLOYMENT, WORKPLACE AND EQUAL EMPLOYMENT OPPORTUNITY POLICIES A. Purpose These Personnel Policies and Procedures are to be used to supplement, interpret, and otherwise implement and uphold the merit system provisions of the Charter of the City of Independence, Missouri, and the standards for a merit system of personnel administration. Appointments and promotions in the classified service of the City will be made solely on the basis of merit and fitness. Disciplinary action will be in accordance with the standards and procedures set out in these Personnel Policies and Procedures. Nothing in these Personnel Policies and Procedures will be construed as a contract between the City and any employee. These Personnel Policies and Procedures shall not be construed as a covenant by the City for employment of any individual for any specified term. They shall not limit the City's ability to hire, promote, demote, terminate, or discipline any employee in any manner consistent with the provisions of the above paragraph. The City reserves the right to unilaterally amend any provision of these Personnel Policies and Procedures. No technical violation by the City of any procedure set out herein shall form a basis for any court action for breach of contract. B. Amendment and Adoption Recommendations for amendment to and adoption to of these Personnel Policies and Procedures may be made by the Human Resources Director, City Manager, or the Personnel Board. Proposed amendments will be publicly posted on City bulletin boards for at least ten (10) consecutive calendar days, together with notice of the time and place of hearing by the Personnel Board. At the time of hearing, interested employees and their representatives may present written or oral requests or recommendations to the Board regarding the proposed amendments. The submission of such requests or recommendations will not prevent the adoption of the proposed amendments. Following the hearing, the Board shall forward the proposed amendments to the Council with its recommendations, including modifications made as a result of the comments made at the hearing. The Board may, but will not be required to, hold additional hearings on the proposed amendments or any modifications thereto will be made as outlined by the provisions of the City of Independence City Charter that govern personnel policy. Amendments to these Personnel Policies and Procedures will become effective upon adoption by the Council. PagePage 440 of1 of668 1 City of Independence AGENDA ITEM COVER SHEET Agenda Title: A public hearing for the application to rezone the property at 19901 E. M-78 Highway from R-6, Single Family Residential, to R-6/PUD, Single Family Residential/Planned Unit Development, and approve a preliminary development plan. New Information Only. Recommendations: Background: Emergency Justification: Fiscal Impact: Council Action: Department / Community Development / Contact Page 441 of 668REVIEWERS Tom Scannell Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. 7-14-26 Public Notice Proof Page 442 of 6687/14 PC Ad - Page 2 of 2 Page 443 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-085 2R 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. 2R 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 Page 444 of 668Zoning 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 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 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. Page 445 of 668Zoning: 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 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. Page 446 of 668 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 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: Page 447 of 668 Council Action: Department / Community Development / Contact REVIEWERS Tom Scannell Jeremy Cover Lisa Reynolds Susanne 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 Page 448 of 66813. Planning Commission Meeting Minutes 07.14.26 Page 449 of 668 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 450 of 668 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 451 of 668Rezoning PUD/Preliminary Development Plan 19901 E M 78 Hwy – Case #26-125-04 09/18/2026-sh ________________________________ City Counselor REVIEWED BY: ________________________________ City Manager Page 452 of 668 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 453 of 668 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 454 of 668 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 455 of 668 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 456 of 668 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 457 of 668Page 458 of 668Page 459 of 668Page 460 of 668Parcel 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 461 of 668Page 462 of 668Page 463 of 668Page 464 of 668Page 465 of 668Page 466 of 668Page 467 of 668Page 468 of 668Page 469 of 668Page 470 of 668Page 471 of 668Page 472 of 668Page 473 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-771 A resolution authorizing the City Manager to issue a Letter of Endorsement for Missouri Ground Ambulance Service Licensure for HCA Healthcare. Recommendations: Staff recommends approval. Background: Missouri requires a state-issued ground ambulance service license before any entity may operate, advertise, or hold itself out as an ambulance service anywhere in the state. Licensure is administered by the Bureau of Emergency Medical Services (EMS) within the Missouri Department of Health and Senior Services (DHSS). A 2025 statutory amendment materially raised the bar for new entrants: any new license (or expansion of an existing service area) now requires a formal letter of endorsement from every local political subdivision with ambulance authority in the proposed operating area, including a public hearing and a governing-body resolution. HCA has requested that the City hold a public hearing, approve a resolution, and issue a letter of endorsement so that it can proceed with the licensure process. Emergency Justification: Fiscal Impact: Council Action: Page 474 of 668 Department / Council and Board / Contact REVIEWERS Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Res HCA endorsement (003) 2. MO_Ambulance_Licensure_Brief_KC_HCA 3. Letter of Endorsement Page 475 of 668 BILL NO. __________ RESOLUTION NO: __________ A RESOLUTION AUTHORIZING A LETTER OF ENDORSEMENT FOR HCA RESEARCH MEDICAL CENTER TO OBTAIN AN AMBULANCE SERVICE LICENSURE WHEREAS, Section 190.109, RSMo. requires those wishing to obtain an ambulance service license to obtain a letter of endorsement from the political subdivisions within which the ambulance service license is anticipated to be used; and WHEREAS, Section 190.109, RSMo. requires the City to hold a public hearing prior to authorizing the letter of endorsement, which was held on September 8, 2026; WHEREAS, the City Council now desires to authorize the City Manager to sign the letter of endorsement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: Section 1. The City Manager is hereby authorized to sign the Letter of Endorsement attached hereto as Exhibit A. Section 2. The provisions of this Resolution are severable and if any provision hereof is declared invalid, unconstitutional, or unenforceable, such determination shall not affect the validity of the remainder of this Resolution. Section 3. This Resolution shall be in full force and effect as provided in the City Charter. 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 1 of 3 Page 476 of 668 APPROVED AS TO FORM AND LEGALITY: _______________________________ City Counselor REVIEWED BY: _______________________________ City Manager Page 2 of 3 Page 477 of 668 EXHIBIT A LETTER OF ENDORSEMENT Page 3 of 3 Page 478 of 668 EXECUTIVE BRIEFING Missouri Ground Ambulance Service Licensure Requirements & Strategic Considerations for a Missouri Market Entry Prepared for Hospital CEO & CFO Prepared by HCA Medical Transport — Atlantic Group Subject State licensure pathway to operate a ground ambulance service in Missouri Date July 29, 2026 1. Bottom Line Up Front Missouri requires a state-issued ground ambulance service license before any entity may operate, advertise, or hold itself out as an ambulance service anywhere in the state. Licensure is administered by the Bureau of Emergency Medical Services (EMS) within the Missouri Department of Health and Senior Services (DHSS). A 2025 statutory amendment materially raised the bar for new entrants: any new license (or expansion of an existing service area) now requires a formal letter of endorsement from every local political subdivision with ambulance authority in the proposed operating area, including a public hearing and a governing-body resolution. 2. Statutory & Regulatory Framework Governing statute Chapter 190, RSMo (“Comprehensive Emergency Medical Services Systems Act”), §§ 190.001–190.245 Core license requirement § 190.105, RSMo License issuance/renewal standards § 190.109, RSMo (amended eff. Aug. 28, 2025) Implementing regulations 19 CSR 30-40.309 (ground ambulance); 19 CSR 30-40.308 (air ambulance) Regulator DHSS Bureau of EMS, Jefferson City, MO Under § 190.105.1, no person may “furnish, operate, conduct, maintain, advertise, or otherwise be engaged in… the business or service of the transportation of patients by ambulance… unless such person holds a currently valid license from the department.” Source: 190.105, RSMo – Missouri Revisor of Statutes 3. The 2025 Amendment: New Local Endorsement Gate Effective August 28, 2025, § 190.109.3 was rewritten to add a significant new hurdle for any ambulance service that is either (a) not currently licensed in Missouri, or (b) currently licensed but seeking to expand its service area. Before DHSS considers such an application, the applicant must obtain a letter of endorsement from: Page 479 of 668 • Each ambulance district or fire protection district authorized to provide ambulance service in the proposed area; or • Each municipality not within such a district, if operating there; or • The county, if operating in unincorporated areas not within such a district. Each endorsing body must first hold a public hearing and adopt a governing-body resolution, and the letter must affirmatively state that the proposed service: • Provides a public health benefit that outweighs associated costs; • Maintains or enhances public access to ambulance services; • Maintains or improves public health and the regional EMS system; • Demonstrates appropriate operational expertise; and • Demonstrates the financial resources necessary to operate. Source: 190.109, RSMo – Missouri Revisor of Statutes (eff. 8/28/2025) 4. Independence, MO —Endorsement Section 190.109.3 requires a letter of endorsement from each jurisdiction in which the service proposes to operate. Independence is an incorporated municipality with its own governing bodies, so this is a fully independent approval track to support the FSER located within their jurisdiction. Per the current DHSS ground ambulance license directory, the licensed ground ambulance provider of record for Independence is American Medical Response – Indep (license #095249). Independence does not sit within a separate ambulance district or fire protection district for transport purposes; the Independence Fire Department provides first response/EMS, but AMR holds the transport license. That structure is significant for who can legally issue the endorsement. Clarifying why AMR could not issue the endorsement • This is consistent with the statute. § 190.109.3 authorizes only an ambulance district, a fire protection district, or the municipality/county itself to issue a letter of endorsement, not an incumbent ambulance service provider. AMR, as a licensed operator rather than a political subdivision, has no statutory authority to grant (or withhold) endorsement, regardless of its incumbent position. • AMR's response was procedurally correct: the ask should have gone to the City of Independence (its governing body, city council/city manager), since Independence is not part of an ambulance district and is therefore the proper endorsing authority under the statute. • This does not remove AMR from the picture entirely, as the incumbent provider, AMR is a natural stakeholder the City may consult or hear from during its public hearing, but AMR does not hold sign-off authority. What the City of Independence Must Do (per § 190.109.3) • Hold a public hearing regarding the endorsement request. • Have its governing body (City Council) adopt a resolution approving the endorsement. • Issue a letter that affirmatively states the proposed service: (1) provides a public health benefit outweighing costs; (2) maintains/enhances access to ambulance services; (3) maintains/improves public health and the regional EMS system; (4) demonstrates appropriate operational expertise; and (5) demonstrates the financial resources to operate. Page 480 of 668 This briefing summarizes publicly available Missouri statutes and regulations current as of July 29, 2026, and is intended for internal strategic planning. It is not a substitute for review by Missouri health-care regulatory counsel prior to filing. Page 481 of 668 LETTER OF ENDORSEMENT Pursuant to Section 190.109(3), RSMo Date: August 17, 2026 From: Troy Anderson, City Manager City of Independence 20201 E. Jackson Drive Independence, MO 64057 The City of Independence, a duly organized political subdivision of the State of Missouri, hereby issues this Letter of Endorsement in support of the application by HCA Research Medical Center (hereinafter "Applicant") for a new ambulance service license to operate within the jurisdictional boundaries of City of Independence, (including the communities of Kansas City, Missouri and Independence, Missouri, as applicable.) Affirmative Findings — Section 190.109(3), RSMo Based upon the information presented to, City of Independence hereby affirmatively states and finds that the proposed ambulance service by HCA Research Medical Center: 1. Will provide a benefit to public health that outweighs the associated costs. The proposed ambulance service addresses a need for dedicated inter-facility transport capacity, enabling patients presenting at HCA-affiliated freestanding emergency rooms to be transferred safely and promptly to acute care facilities. There is no associated taxpayer cost to operate the HCA hospital based inter-facility transport service. 2. Will maintain or enhance the public's access to ambulance services. The proposed service will expand available ambulance resources within the service area, increase overall capacity for emergency medical transport, and reduce delays for the communities of Independence Missouri thereby enhancing public access to timely and appropriate ambulance services. 3. Will maintain or improve public health and promote the continued development of the regional emergency medical service system. The integration of this ambulance service into the regional EMS system will strengthen continuity of care for patients transferring between HCA freestanding emergency departments and acute care hospitals and will contribute to the ongoing coordination and development of emergency medical services across the region. 4. Has demonstrated appropriate expertise in the operation of ambulance services. HCA Research Medical Center, as a component of one of the nation's leading healthcare systems, has presented documentation demonstrating its organizational experience, clinical oversight structure, and operational qualifications sufficient to support the safe and effective provision of ambulance services. Page 482 of 668 5. Has demonstrated the financial resources necessary for the operation of the proposed ambulance service. The City of Independence has reviewed financial documentation presented by the Applicant and finds that HCA Research Medical Center has demonstrated adequate financial resources and organizational capacity to establish, equip, staff, and sustain the proposed ambulance service in a financially responsible manner. Endorsement Based on the foregoing findings and in accordance with the requirements of Section 190.109(3), RSMo, City of Independence hereby issues this letter of endorsement for the application of HCA Research Medical Center for a new ambulance service license to operate within the service area described herein. For further information regarding this endorsement, please contact Troy Anderson, City Manager at 816-325-7025 or tanderson@indepmo.org Respectfully submitted on behalf of the City of Independence, Missouri: ______________________________________ Signature of Authorized Official ______________________________________ Printed Name ______________________________________ Title / Office ______________________________________ Date ______________________________________ Official Seal / Notary (if required) This letter is issued pursuant to Section 190.109(3), RSMo, and is intended solely to satisfy the statutory endorsement requirement for the ambulance service license application of HCA Research Medical Center. Page 483 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-080 2R 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. 2R 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: Page 484 of 668 Fiscal Impact: Council Action: Department / City Manager / Contact REVIEWERS Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Ordinance Requiring ESA for Large Load Customers_JJH Page 485 of 668Ordinance 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 486 of 668Ordinance 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 487 of 668Ordinance 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 488 of 668Ordinance 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 489 of 668Ordinance 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 490 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-081 2R 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. 2R 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 Page 491 of 668Fund, 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 partially 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: Page 492 of 6681. PD.2026 HIDTA DEA TF Ordinance 07-31-26 2. HIDTA 2026 MOU INDEPENDENCE PD DEA Page 493 of 6682026 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 494 of 6682026 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 495 of 668 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 496 of 668 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 497 of 668document 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 498 of 6683. 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 499 of 668 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 500 of 668 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 501 of 668 APPENDIX B Budget Detail 2026 – Midwest Page 502 of 668 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 503 of 668APPENDIX D Page 504 of 668 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 505 of 668 APPENDIX E Page 506 of 668 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 507 of 668 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 508 of 668 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 509 of 668 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 510 of 668APPENDIX I Page 511 of 668APPENDIX I Page 512 of 668 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 513 of 668 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 514 of 668 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 515 of 668 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 516 of 668 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 517 of 668 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 518 of 668 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 519 of 668 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 520 of 668 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 521 of 668 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 522 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-082 2R 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. 2R 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 Page 523 of 668appropriated 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: 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 524 of 6682026 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 525 of 6682026 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 526 of 668 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 527 of 668 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 528 of 668 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 529 of 668 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 530 of 668 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 531 of 668 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 532 of 668 APPENDIX B Budget Detail 2026 – Midwest Page 533 of 668 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 534 of 668APPENDIX D Page 535 of 668 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 536 of 668 APPENDIX E Page 537 of 668 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 538 of 668 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 539 of 668 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 540 of 668 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 541 of 668APPENDIX I Page 542 of 668APPENDIX I Page 543 of 668 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 544 of 668 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 545 of 668 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 546 of 668 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 547 of 668 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 548 of 668 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 549 of 668 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 550 of 668 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 551 of 668 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 552 of 668 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 553 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-083 2R 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. 2R 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: Page 554 of 668 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. Council 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 555 of 668 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 556 of 668 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 557 of 668 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 558 of 668 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 559 of 668 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 560 of 668 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 561 of 668 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 562 of 668 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 563 of 668 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 564 of 668 (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 565 of 668 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 566 of 668 Exhibit A - Location of Project MO-70 from Blue Ridge Blvd to Lee’s Summit Road. 11 Page 567 of 668 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 568 of 668 Exhibit C - Project Budget 13 Page 569 of 668 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 570 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-084 2R 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)). 2R 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- Page 571 of 668compliant 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: 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.23rd Street Complete Project Phase 3 112111-3A - Funding agreement supplement ordinance Page 572 of 6682. 23rd St Complete Sts - Speck Rd to Jackson Dr South - CRP-3379(447) Supplemental Agreement Page 573 of 668MS.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 574 of 668MS.23rd St. Ph. 3 Funding Agreement Supplement 112111-3A / CRP-3379(447) crh ___________________________________ City Manager 2 Page 575 of 668CCO 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 576 of 668 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 577 of 668 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 578 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-086 1R An ordinance granting easement authority as part of the Lake City Valley Road Bridge Project (No. 542601-3). 1R Recommendations: Council approval is recommended. Background: Approval of this item will allow staff to proceed with acquisitions for the Lake City Valley Road Bridge Project (No. 542601-3), as part of the GO Bond - Bridges Project (542601). This bridge was temporarily closed earlier this year, and emergency repairs were completed in order to reopen it to vehicular traffic. This bridge will receive a full replacement and is the third bridge project to be addressed by the use of GO Bond funds, approved by voters in April 2025, to complete bridge projects throughout the City. Emergency Justification: Fiscal Impact: The potential fiscal impact to the City for these easements is estimated at $15,000. Expenses for the GO Bond - Bridges Project (No. 542601) will be tracked and reimbursed through account 542601-C-0547054-5406. Council Action: Page 579 of 668 Department / Municipal Services / Contact REVIEWERS Mike Jackson Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. MS.Lake City Valley Road Bridge Easement Ordinance - Project No. 542601-3 2. Lake City Valley Road Bridge - Project Location Page 580 of 668MS.Easement Ordinance – Lake City Valley Road Bridge BILL NO._______________ ORDINANCE NO._______________________ AN ORDINANCE FINDING, DETERMINING AND DECLARING THE NECESSITY OF ACQUIRING RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE LAKE CITY VALLEY ROAD BRIDGE PROJECT (PROJECT NO.542601-3); 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 right-of-way and temporary construction easements in accordance with the plans and specifications as approved for construction, operation and maintenance of the Lake City Valley Road Bridge Project ( No.542601-3), 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 the Lake City Valley Road Bridge Project (No. 542601-3) for the City of Independence, Missouri, to acquire by purchase or eminent domain proceedings right of way and temporary construction easements for such public improvements, including, but not limited to, the right to construct curbs, drives, trails, sidewalks and storm 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: TRACT 1: RIGHT OF WAY A PERPETUAL EASEMENT (RIGHT OF WAY) FOR N LAKE CITY VALLEY ROAD, BEING PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF 1 Page 581 of 668MS.Easement Ordinance – Lake City Valley Road Bridge SECTION 20, TOWNSHIP 50 NORTH, RANGE 30 WEST IN JACKSON COUNTY, MISSOURI, THE GRANTOR’S LAND AS DESCRIBED IN BOOK I-731, PAGE 265 AT THE JACKSON COUNTY RECORDER’S OFFICE, SAID EASEMENT HEREINAFTER DESCRIBED WITH REFERENCE TO THE SURVEYED CENTER LINE OF N LAKE CITY VALLEY ROAD. THE SURVEYED CENTER LINE OF N LAKE CITY VALLEY ROAD IS DESCRIBED AS FOLLOWS: COMMENCING AT FOUND 1/2” IRON PIN W/ ALUMINUM CAP MARKING THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 50 NORTH, RANGE 30 WEST AS REFERENCED IN MISSOURI CERTIFIED LAND CORNER DOCUMENT NO. 600-42153; THENCE N51°46’21”W, 4878.61 FEET TO A POINT ON THE CENTER LINE OF N LAKE CITY VALLEY ROAD AT PROJECT CENTER LINE STATION 0+81.85 FOR THE POINT OF BEGINNING OF THE CENTER LINE DESCRIBED HEREIN; THENCE S03°38’08”W, 375.95 FEET TO CENTER LINE STATION 4+57.80 FOR THE POINT OF TERMINATION. (BEARINGS BASED ON GRID NORTH, MISSOURI COORDINATE SYSTEM OF 1983, WEST ZONE.) THE PERPETUAL EASEMENT HEREIN CONVEYED IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 3.31 FEET LEFT OF CENTER LINE STATION 0+81.85, SAID POINT BEING ON THE WEST LINE OF SAID QUARTER QUARTER SECTION; THENCE S03°23’33”W ALONG SAID SECTION LINE, 281.40 FEET TO A POINT ON THE SOUTH LINE OF BOOK I-731, PAGE 265, 4.51 FEET LEFT OF CENTER LINE STATION 3+63.25; THENCE S88°30’50”E ALONG SAID SOUTH LINE, 25.01 FEET TO A POINT ON THE EXISTING EAST RIGHT OF WAY LINE OF N LAKE CITY VALLEY ROAD, 29.50 FEET LEFT OF CENTER LINE STATION 3+62.31; THENCE N03°23’33”E ALONG SAID RIGHT OF WAY LINE, 1.31 FEET TO A POINT 29.50 FEET LEFT OF CENTER LINE STATION 3+61.00; THENCE N36°49’06”W LEAVING SAID RIGHT OF WAY LINE, 46.60 FEET TO A POINT 55.00 FEET LEFT OF CENTER LINE STATION 3+22.00; THENCE N03°38’08”E, 80.00 FEET TO A POINT 55.00 FEET LEFT OF CENTER LINE STATION 2+42.00; THENCE N36°57’46”W, 40.17 FEET TO A POINT ON THE AFOREMENTIONED RIGHT OF WAY LINE, 28.86 FEET LEFT OF CENTER LINE STATION 2+11.50; THENCE N03°23’33”W ALONG SAID RIGHT OF WAY LINE, 129.66 FEET TO A POINT 28.31 FEET LEFT OF CENTER LINE STATION 0+81.85; THENCE N86°21’52”W LEAVING SAID RIGHT OF WAY LINE, 25.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7,024 SQUARE FEET (0.16 ACRE) OF EXISTING RIGHT OF WAY AND 2,964 SQUARE FEET (0.07 ACRE) OF NEW RIGHT OF WAY. 2 Page 582 of 668MS.Easement Ordinance – Lake City Valley Road Bridge TEMPORARY CONSTRUCTION EASEMENT A TEMPORARY CONSTRUCTION EASEMENT FOR N LAKE CITY VALLEY ROAD, BEING PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 50 NORTH, RANGE 30 WEST IN JACKSON COUNTY, MISSOURI, THE GRANTOR’S LAND AS DESCRIBED IN BOOK I-731, PAGE 265 AT THE JACKSON COUNTY RECORDER’S OFFICE, SAID EASEMENT HEREINAFTER DESCRIBED WITH REFERENCE TO THE SURVEYED CENTER LINE OF N LAKE CITY VALLEY ROAD. THE SURVEYED CENTER LINE OF N LAKE CITY VALLEY ROAD IS DESCRIBED AS FOLLOWS: COMMENCING AT FOUND 1/2” IRON PIN W/ ALUMINUM CAP MARKING THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 50 NORTH, RANGE 30 WEST AS REFERENCED IN MISSOURI CERTIFIED LAND CORNER DOCUMENT NO. 600-42153; THENCE N51°46’21”W, 4878.61 FEET TO A POINT ON THE CENTER LINE OF N LAKE CITY VALLEY ROAD AT PROJECT CENTER LINE STATION 0+81.85 FOR THE POINT OF BEGINNING OF THE CENTER LINE DESCRIBED HEREIN; THENCE S03°38’08”W, 375.95 FEET TO CENTER LINE STATION 4+57.80 FOR THE POINT OF TERMINATION. (BEARINGS BASED ON GRID NORTH, MISSOURI COORDINATE SYSTEM OF 1983, WEST ZONE.) THE TEMPORARY CONSTRUCTION EASEMENT HEREIN CONVEYED IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 28.31 FEET LEFT OF CENTER LINE STATION 0+81.85, SAID POINT BEING ON THE EXISTING EAST RIGHT OF WAY LINE OF N LAKE CITY VALLEY ROAD; THENCE EAST LEAVING SAID RIGHT OF WAY LINE TO A POINT 43.31 FEET LEFT OF CENTER LINE STATION 0+81.85; THENCE SOUTH TO A POINT 43.74 FEET LEFT OF CENTER LINE STATION 1+83.55; THENCE SOUTHEAST TO A POINT 70.00 FEET LEFT OF CENTER LINE STATION 2+36.14; THENCE SOUTH TO A POINT 70.00 FEET LEFT OF CENTER LINE STATION 3+26.16; THENCE SOUTHWEST TO A POINT ON THE SOUTH LINE OF BOOK I-731, PAGE 265, 55.59 FEET LEFT OF CENTER LINE STATION 3+61.33; THENCE WEST ALONG SAID SOUTH LINE TO A POINT ON THE AFOREMENTIONED RIGHT OF WAY LINE, 29.50 FEET LEFT OF CENTER LINE STATION 3+62.31; THENCE NORTH ALONG SAID RIGHT OF WAY LINE TO A POINT 29.50 FEET LEFT OF CENTER LINE STATION 3+61.00; THENCE NORTHEAST LEAVING SAID RIGHT OF WAY LINE TO A POINT 55.00 FEET LEFT OF CENTER LINE STATION 3+22.00; THENCE NORTH TO A POINT 55.00 FEET LEFT OF CENTER LINE STATION 2+42.00; THENCE NORTHWEST TO A POINT ON THE AFOREMENTIONED RIGHT OF WAY LINE, 28.86 FEET LEFT OF CENTER LINE STATION 2+11.50; THENCE NORTH ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING. 3 Page 583 of 668MS.Easement Ordinance – Lake City Valley Road Bridge CONTAINING 4,898 SQUARE FEET (0.11 ACRE) OF TEMPORARY CONSTRUCTION EASEMENT. TRACT 2: TEMPORARY CONSTRUCTION EASEMENT A TEMPORARY CONSTRUCTION EASEMENT FOR N LAKE CITY VALLEY ROAD, BEING PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 50 NORTH, RANGE 30 WEST IN JACKSON COUNTY, MISSOURI, THE GRANTOR’S LAND AS DESCRIBED IN BOOK I-1299, PAGE 530 AT THE JACKSON COUNTY RECORDER’S OFFICE, SAID EASEMENT HEREINAFTER DESCRIBED WITH REFERENCE TO THE SURVEYED CENTER LINE OF N LAKE CITY VALLEY ROAD. THE SURVEYED CENTER LINE OF N LAKE CITY VALLEY ROAD IS DESCRIBED AS FOLLOWS: COMMENCING AT FOUND 1/2” IRON PIN W/ ALUMINUM CAP MARKING THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 50 NORTH, RANGE 30 WEST AS REFERENCED IN MISSOURI CERTIFIED LAND CORNER DOCUMENT NO. 600-42153; THENCE N51°46’21”W, 4878.61 FEET TO A POINT ON THE CENTER LINE OF N LAKE CITY VALLEY ROAD AT PROJECT CENTER LINE STATION 0+81.85 FOR THE POINT OF BEGINNING OF THE CENTER LINE DESCRIBED HEREIN; THENCE S03°38’08”W, 375.95 FEET TO CENTER LINE STATION 4+57.80 FOR THE POINT OF TERMINATION. (BEARINGS BASED ON GRID NORTH, MISSOURI COORDINATE SYSTEM OF 1983, WEST ZONE.) THE TEMPORARY CONSTRUCTION EASEMENT HEREIN CONVEYED IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 29.50 FEET LEFT OF CENTER LINE STATION 3+62.31, SAID POINT BEING ON THE EXISTING EAST RIGHT OF WAY LINE OF N LAKE CITY VALLEY ROAD AND THE NORTH LINE OF BOOK I-1299, PAGE 530; THENCE EAST ALONG AND NORTH LINE TO A POINT 55.59 FEET LEFT OF CENTER LINE STATION 3+61.33; THENCE SOUTHWEST LEAVING SAID NORTH LINE TO A POINT 44.61 FEET LEFT OF CENTER LINE STATION 3+88.14; THENCE SOUTH TO A POINT 44.91 FEET LEFT OF CENTER LINE STATION 4+57.80; THENCE WEST TO A POINT ON THE AFOREMENTIONED RIGHT OF WAY LINE, 29.91 FEET LEFT OF CENTER LINE STATION 4+57.80; THENCE NORTH ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING. 4 Page 584 of 668MS.Easement Ordinance – Lake City Valley Road Bridge CONTAINING 1,583 SQUARE FEET (0.04 ACRE) OF TEMPORARY CONSTRUCTION EASEMENT TRACT 3: RIGHT OF WAY A PERPETUAL EASEMENT (RIGHT OF WAY) FOR N LAKE CITY VALLEY ROAD, BEING PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 50 NORTH, RANGE 30 WEST IN JACKSON COUNTY, MISSOURI, THE GRANTOR’S LAND AS DESCRIBED IN BOOK 2025, PAGE 38765 AT THE JACKSON COUNTY RECORDER’S OFFICE, SAID EASEMENT HEREINAFTER DESCRIBED WITH REFERENCE TO THE SURVEYED CENTER LINE OF N LAKE CITY VALLEY ROAD. THE SURVEYED CENTER LINE OF N LAKE CITY VALLEY ROAD IS DESCRIBED AS FOLLOWS: COMMENCING AT FOUND 1/2” IRON PIN W/ ALUMINUM CAP MARKING THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 50 NORTH, RANGE 30 WEST AS REFERENCED IN MISSOURI CERTIFIED LAND CORNER DOCUMENT NO. 600-42153; THENCE N51°46’21”W, 4878.61 FEET TO A POINT ON THE CENTER LINE OF N LAKE CITY VALLEY ROAD AT PROJECT CENTER LINE STATION 0+81.85 FOR THE POINT OF BEGINNING OF THE CENTER LINE DESCRIBED HEREIN; THENCE S03°38’08”W, 375.95 FEET TO CENTER LINE STATION 4+57.80 FOR THE POINT OF TERMINATION. (BEARINGS BASED ON GRID NORTH, MISSOURI COORDINATE SYSTEM OF 1983, WEST ZONE.) THE PERPETUAL EASEMENT HEREIN CONVEYED IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 3.31 FEET LEFT OF CENTER LINE STATION 0+81.85, SAID POINT BEING ON THE EAST LINE OF SAID QUARTER QUARTER SECTION; THENCE S03°23’33”W ALONG SAID SECTION LINE, 281.40 FEET TO A POINT 4.51 FEET LEFT OF CENTER LINE STATION 3+63.25, SAID POINT BEING ON THE SOUTH LINE OF BOOK 2025, PAGE 38765; THENCE N88°30’50”W ALONG SAID SOUTH LINE, 30.02 FEET TO A FOUND 1/2” IRON PIN (LS 2134), SAID POINT BEING ON THE EXISTING WEST RIGHT OF WAY LINE OF N LAKE CITY VALLEY ROAD, 25.49 FEET RIGHT OF CENTER LINE STATION 3+64.38; THENCE N03°23’43”W LEAVING SAID RIGHT OF WAY LINE, 21.37 FEET TO A POINT 25.58 FEET RIGHT OF CENTER LINE STATION 3+43.00; THENCE N86°21’52”W, 40.42 FEET TO A POINT 66.00 FEET RIGHT OF CENTER LINE STATION 3+43.00; THENCE N03°38’08”E, 137.00 FEET TO A POINT 66.00 FEET RIGHT OF CENTER LINE STATION 2+06.00; THENCE N42°40’36”E, 70.81 FEET TO A POINT ON THE AFOREMENTIONED RIGHT OF WAY LINE, 21.40 FEET RIGHT 5 Page 585 of 668MS.Easement Ordinance – Lake City Valley Road Bridge OF CENTER LINE STATION 1+51.00; THENCE N03°23’33”E ALONG SAID RIGHT OF WAY LINE, 69.15 FEET TO A POINT 21.69 FEET RIGHT OF CENTER LINE STATION 0+81.85; THENCE S86°21’52”E LEAVING SAID RIGHT OF WAY LINE, 25.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7,047 SQUARE FEET (0.16 ACRE) OF EXISTING RIGHT OF WAY AND 7,522 SQUARE FEET (0.17 ACRE) OF NEW RIGHT OF WAY. TEMPORARY CONSTRUCTION EASEMENT A TEMPORARY CONSTRUCTION EASEMENT FOR N LAKE CITY VALLEY ROAD, BEING PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 50 NORTH, RANGE 30 WEST IN JACKSON COUNTY, MISSOURI, THE GRANTOR’S LAND AS DESCRIBED IN BOOK 2025, PAGE 38765 AT THE JACKSON COUNTY RECORDER’S OFFICE, SAID EASEMENT HEREINAFTER DESCRIBED WITH REFERENCE TO THE SURVEYED CENTER LINE OF N LAKE CITY VALLEY ROAD. THE SURVEYED CENTER LINE OF N LAKE CITY VALLEY ROAD IS DESCRIBED AS FOLLOWS: COMMENCING AT FOUND 1/2” IRON PIN W/ ALUMINUM CAP MARKING THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 50 NORTH, RANGE 30 WEST AS REFERENCED IN MISSOURI CERTIFIED LAND CORNER DOCUMENT NO. 600-42153; THENCE N51°46’21”W, 4878.61 FEET TO A POINT ON THE CENTER LINE OF N LAKE CITY VALLEY ROAD AT PROJECT CENTER LINE STATION 0+81.85 FOR THE POINT OF BEGINNING OF THE CENTER LINE DESCRIBED HEREIN; THENCE S03°38’08”W, 375.95 FEET TO CENTER LINE STATION 4+57.80 FOR THE POINT OF TERMINATION. (BEARINGS BASED ON GRID NORTH, MISSOURI COORDINATE SYSTEM OF 1983, WEST ZONE.) THE TEMPORARY CONSTRUCTION EASEMENT HEREIN CONVEYED IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 21.69 FEET RIGHT OF CENTER LINE STATION 0+81.85, SAID POINT BEING ON THE EXISTING WEST RIGHT OF WAY LINE OF N LAKE CITY VALLEY ROAD; THENCE WEST LEAVING SAID RIGHT OF WAY LINE TO A POINT 36.69 FEET RIGHT OF CENTER LINE STATION 0+81.85; THENCE SOUTH TO A POINT 36.42 FEET RIGHT OF CENTER LINE STATION 1+45.71; THENCE SOUTHWEST TO A POINT 81.00 FEET RIGHT OF CENTER LINE STATION 2+00.69; THENCE SOUTH TO A POINT ON THE SOUTH LINE OF BOOK 2025, PAGE 38765, 81.00 FEET RIGHT OF CENTER LINE STATION 3+66.46; THENCE EAST ALONG SAID SOUTH LINE TO A FOUND 1/2” IRON PIN (LS 2134), 25.49 FEET RIGHT OF CENTER LINE STATION 3+64.38; THENCE NORTH LEAVING SAID SOUTH LINE TO A POINT 25.58 FEET 6 Page 586 of 668MS.Easement Ordinance – Lake City Valley Road Bridge RIGHT OF CENTER LINE STATION 3+43.00; THENCE WEST TO A POINT 66.00 FEET RIGHT OF CENTER LINE STATION 3+43.00; THENCE NORTH TO A POINT 66.00 FEET RIGHT OF CENTER LINE STATION 2+06.00; THENCE NORTHEAST TO A POINT ON THE AFOREMENTIONED RIGHT OF WAY LINE, 21.40 FEET RIGHT OF CENTER LINE STATION 1+51.00; THENCE NORTH ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING. CONTAINING 5,398 SQUARE FEET (0.12 ACRE) OF TEMPORARY CONSTRUCTION EASEMENT. TRACT 4: TEMPORARY CONSTRUCTION EASEMENT A TEMPORARY CONSTRUCTION EASEMENT FOR N LAKE CITY VALLEY ROAD, BEING PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 50 NORTH, RANGE 30 WEST IN JACKSON COUNTY, MISSOURI, THE GRANTOR’S LAND AS DESCRIBED IN BOOK 2012, PAGE 97796 AT THE JACKSON COUNTY RECORDER’S OFFICE, SAID EASEMENT HEREINAFTER DESCRIBED WITH REFERENCE TO THE SURVEYED CENTER LINE OF N LAKE CITY VALLEY ROAD. THE SURVEYED CENTER LINE OF N LAKE CITY VALLEY ROAD IS DESCRIBED AS FOLLOWS: COMMENCING AT FOUND 1/2” IRON PIN W/ ALUMINUM CAP MARKING THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 50 NORTH, RANGE 30 WEST AS REFERENCED IN MISSOURI CERTIFIED LAND CORNER DOCUMENT NO. 600-42153; THENCE N51°46’21”W, 4878.61 FEET TO A POINT ON THE CENTER LINE OF N LAKE CITY VALLEY ROAD AT PROJECT CENTER LINE STATION 0+81.85 FOR THE POINT OF BEGINNING OF THE CENTER LINE DESCRIBED HEREIN; THENCE S03°38’08”W, 375.95 FEET TO CENTER LINE STATION 4+57.80 FOR THE POINT OF TERMINATION. (BEARINGS BASED ON GRID NORTH, MISSOURI COORDINATE SYSTEM OF 1983, WEST ZONE.) THE TEMPORARY CONSTRUCTION EASEMENT HEREIN CONVEYED IS DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 1/2” IRON PIN (LS 2134), SAID POINT BEING ON THE NORTH LINE OF BOOK 2012, PAGE 97796 AND THE EXISTING WEST RIGHT OF WAY LINE OF N LAKE CITY VALLEY ROAD; THENCE WEST ALONG SAID NORTH LINE TO A POINT 81.00 FEET RIGHT OF CENTER LINE STATION 3+66.46; THENCE SOUTH TO A POINT 81.00 FEET RIGHT OF CENTER LINE STATION 3+72.93; THENCE SOUTHEAST TO A POINT 40.41 FEET RIGHT OF CENTER LINE STATION 3+83.75; 7 Page 587 of 668MS.Easement Ordinance – Lake City Valley Road Bridge THENCE SOUTH TO A POINT 40.10 FEET RIGHT OF CENTER LINE STATION 4+57.80; THENCE EAST TO A POINT ON THE AFOREMENTIONED RIGHT OF WAY LINE, 25.10 FEET RIGHT OF CENTER LINE STATION 4+57.80; THENCE NORTH ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING. CONTAINING 1,910 SQUARE FEET (0.04 ACRE) OF TEMPORARY CONSTRUCTION EASEMENT. 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 right- of-way and temporary construction easements relating to said lands. SECTION 3. That in the event of failure to negotiate the proper compensation to be paid for such right-of-way and temporary construction 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 right-of-way 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 right-of-way 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 8 Page 588 of 668MS.Easement Ordinance – Lake City Valley Road Bridge ATTEST: _______________________________________ City Clerk APPROVED – FORM AND LEGALITY: _______________________________________ City Counselor REVIEWED BY: _______________________________________ City Manager 9 Page 589 of 668Page 590 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-087 1R An ordinance approving a rezoning from District C-2 (General Commercial) and District R-30/PUD (High Density Residential /Planned Unit Development) to District R-6 (Single- Family Residential) for the property located at 221 N. Crysler Avenue. 1R Recommendations: Commissioner Ashbaugh made a motion to recommend approval of case 26-100-06, a request to rezone 221 N. Crysler Avenue from C-2 (General Commercial) and R-30/PUID (High Density Residential/Planned Unit Development) to R-6 (Single-Family Residential). A second was made by Commissioner Young. The Independence Planning Commission voted as follows: Commissioner Nesbitt – Absent Commissioner Ferguson – Yes Commissioner Ashbaugh – Yes Commissioner O’Neill – Yes Commissioner Torres – Yes Commissioner Young – Yes Commissioner Wiley – Yes The motion passed, and such application is forwarded to the City Council for its consideration. Staff recommends approval of this application. Background: EXECUTIVE SUMMARY: A request to rezone the property from C-2 (General Commercial) and R-30/PUD (High Density Residential/Planned Unit Development) to R-6 (Single-Family Residential). Property History: The property was annexed in Independence in 1851. Jackson County records indicate the property was platted in 1886 as part of Vernon Place. Its current legal description is the south 50 feet, of the north 100 feet of the west 150 feet of Lot 2. Upon adoption of the Zoning Page 591 of 668Ordinance in 1965, the city assigned the C-2 (General Commercial) zoning district designation to the eastern portion of the parcel and R-4 (High Density Residential) zoning district designation to the western portion of the parcel. Since the adoption of the Zoning Ordinance, the parcel has been assigned a dual zoning district classification. Proposal: The applicant proposes to continue the current legal nonconforming single-family residential use on the property. The property’s existing structure was constructed (and is still used) as a single-family residence. Physical Characteristics of Property: The subject property is approximately 6,970 square feet in size and its 1,037-square foot structure is residential in character. There is an accessory garage in addition to the principal residential dwelling. The existing residential home is bungalow in style with an enclosed front porch. An asphalt driveway provides access to Crysler Avenue. Characteristics of the Area: The subject property is located between an automobile repair business on 23rd Street and a row of small bungalows along Crysler Avenue. Across Crysler Avenue to the west is Graceland College. Consistency with Independence for All, Strategic Plan: The proposed rezoning is supported by the goals and objectives of Independence for All Strategic Plan 2022-2026. The plan seeks to preserve and stabilize existing residential neighborhoods. Comprehensive Plan Tools and Policies for the Current Designation: Imagine Independence 2040 designates a residential future land use classification for the parcel. This rezoning proposal is supported by Imagine Independence 2040’s guiding principle to preserve and stabilize existing residential neighborhoods. Sub-Area Plan: The subject site is located within the Downtown Redevelopment Area plan (not to be confused with the Square Area Plan). The proposed rezoning conforms with the plan’s effort to preserve existing single-family residential neighborhoods. Zoning: The subject property does not conform with its zoning district designation being single-family residential is use. The home was constructed prior to the adoption of the Zoning Ordinance and the end of pyramid zoning in 1980 that created the legal nonconforming status. The proposed rezoning would ensure the continued use of the home as constructed. Public Utilities: Page 592 of 668All public utilities are already in place in nearby easements and rights-of-way. Floodplain/Stream Buffer: The subject site is not affected by floodplains or stream buffers. CIP Investments: There are no capital projects planned for this area. Recommendations and decisions on rezoning applications must be based on consideration of all the following criteria: 1. Conformance of the requested zoning with the Comprehensive Plan. The Comprehensive Plan envisions residential uses for the area. 2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts. The subject site is located within the Downtown Redevelopment Area (not to be confused with the Square Area Plan). The proposed rezoning conforms with the plan’s effort to preserve existing single-family residential neighborhoods. 3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning. The predominant zoning district classification within this area is R-30/PUD. The proposed R-6 zoning is compatible with the use of nearby properties. 4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood. The proposed R-6 zoning is compatible with the existing character of the area. 5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations. The subject site historically has been occupied as a single-family residence. Rezoning the property to R-6 will eliminate a legal nonconformity that makes financing the existing residence difficult. 6. The length of time the subject property has remained vacant as zoned. The subject site has been used as single-family residence for decades. 7. The extent to which approving the rezoning will detrimentally affect nearby properties. The rezoning should have no detrimental effect on area properties. The proposed rezoning fits with the uses and character of the surrounding neighborhood. Page 593 of 6688. The gain, if any, to the public health, safety, and welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application. If rezoning is denied, the property owner will have difficulty refinancing his property. Emergency Justification: Fiscal Impact: Council Action: Department / Community Development / Contact REVIEWERS Tom Scannell Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. CD.Draft Ordinance 26-100-05 Page 594 of 6682. Rezoning Staff Report-26-100-06 3. Cover Letter 4. Application_Redacted 5. Notification Letter 6. Notification Addresses 7. Notification Area Map 8. Notification Affidavit 9. Comprehensive Plan 10. Zoning Map 11. Planning Commission Meeting Minutes 08.11.26 Page 595 of 668 Rezoning Case #26-100-06 221 N. Crysler Avenue 08/24/26-SH BILL NO. ___________ ORDINANCE NO. ___________ An ordinance approving a rezoning from District C-2 (General Commercial) and District R-30/PUD (High Density Residential /Planned Unit Development) to District R-6 (Single-Family Residential) for the property located at 221 N. Crysler Avenue. WHEREAS, a request to rezone the property located at 221 N. Crysler Avenue from District C-2 (General Commercial) and District R-30/PUD (High Density Residential/Planned Unit Development) to District R-6 (Single-Family Residential) 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 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 a public hearing for the consideration of the request on August 11, 2026, and rendered a report to the City Council recommending the rezoning be approved by a vote of 6-0; and, WHEREAS, in accordance with the Unified Development Ordinance, it was determined that the rezoning was consistent with the review criteria in Section 14-701-02; and, WHEREAS, after due public notice in the manner prescribed by law, the City Council held a public hearing and rendered approval for the Rezoning of the said property; and, WHEREAS, no legal protests were signed, acknowledged, and presented for the application. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the following legally described property is hereby rezoned from District C-2 (General Commercial) and District R-30/PUD (High Density Residential/Planned Unit Development) to District R-6 (General Commercial) and shall be subject to the regulations of said district: VERNON PLACE---S 50' OF N 100' OF W 150' OF LOT 2 SECTION 2. 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 is 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 Page 596 of 668 Rezoning Case #26-100-06 221 N. Crysler Avenue 08/24/26-SH shall have no legal effect as of the date of such judgement. SECTION 3. 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 City Council. SECTION 4. 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: ________________________________ City Counselor REVIEWED BY: ________________________________ City Manager Page 597 of 668 Planning Commission Staff Report MEETING DATE: August 11, 2026 STAFF: Brian L. Harker, Planner PROJECT NAME: 221 N. Crysler Avenue CASE NUMBER/REQUEST: Case 26-100-06 – Corrective Rezoning – 221 N. Crysler Avenue - A request to rezone property from C-2 (General Commercial) and R- 30/PUD (High Density Residential/Planned Unit Development) to R-6 (Single-Family Residential). APPLICANT: Samuel Gouldsmith PROPERTY LOCATION: 221 N. Crysler Avenue SURROUNDING ZONING/LAND USE: North: C-2 (General Commercial) and R-30/PUD (High Denisty Residential/Planned Unit Development)…auto repair East: O-1 (Residential-Office)…duplex South: C-2 (General Commercial) and R-30/PUD (High Denisty Residential/Planned Unit Development)…single-family West: R-30/PUD (High Density Residential/Planned Unit Development)…college PUBLIC NOTICE: . Letters to property owners – July 22, 2026 . Public Notice published in the Independence Examiner – July 25, 2026 . Signs posted on property – July 23, 2026 FURTHER ACTION: Following action by the Planning Commission, this rezoning request is scheduled for first reading by the City Council on September 8, 2026 and the public hearing/second reading on September 21, 2026 RECOMMENDATION Staff recommends APPROVAL of this rezoning request. PROJECT DESCRIPTION & BACKGROUND INFORMATION PROJECT DESCRIPTION: A request to rezone the property from C-2 (General Commercial) and R- 30/PUD (High Density Residential/Planned Unit Development to R-6 (Single Family Residential). Current Zonings: C-2 (General Commercial) and Proposed Zoning: R-6 (Single-Family R-30/PUD (High Density Residential) Residential/Planned Unit Development) Current Use: Single-Family Residential Proposed Use: Single-Family Residential Page 1 Page 598 of 668 Zoning History: 1965 - 2009: C-2 (General Commercial) and R-4 (High Density Residential) 2009 - Present: C-2 (General Commercial) and R-30/PUD (High Density Residential/Planned Unit Development) Property History: The property was annexed in Independence in 1851. Jackson County records indicate the property was platted in 1886 as part of Vernon Place. Its current legal description is the south 50 feet, of the north 100 feet of the west 150 feet of Lot 2. Upon adoption of the Zoning Ordinance in 1965, the city assigned the C-2 (General Commercial) zoning district designation to the eastern portion of the parcel and R-4 (High Density Residential) zoning district designation to the western portion of the parcel. Since the adoption of the Zoning Ordinance, the parcel has been assigned a dual zoning district classification. Proposal: The applicant proposes to continue the current legal nonconforming single-family residential use on the property. The property’s existing structure was constructed (and is still used) as a single- family residence. Physical Characteristics of Property: The subject property is approximately 6,970 square feet in size and its 1,037-square foot structure is residential in character. There is an accessory garage in addition to the principal residential dwelling. The existing residential home is bungalow in style with an enclosed front porch. An asphalt driveway provides access to Crysler Avenue. Characteristics of the Area: The subject property is located between an automobile repair business on 23rd Street and a row of small bungalows along Crysler Avenue. Across Crysler Avenue to the west is Graceland College. ANALYSIS Consistency with Independence for All, Strategic Plan: The proposed rezoning is supported by the goals and objectives of Independence for All Strategic Plan 2022-2026. The plan seeks to preserve and stabilize existing residential neighborhoods. Comprehensive Plan Tools and Policies for the Current Designation: Imagine Independence 2040 designates a residential future land use classification for the parcel. This rezoning proposal is supported by Imagine Independence 2040’s guiding principle to preserve and stabilize existing residential neighborhoods. Sub-Area Plan: The subject site is located within the Downtown Redevelopment Area plan (not to be confused with the Square Area Plan). The proposed rezoning conforms with the plan’s effort to preserve existing single-family residential neighborhoods. Zoning: The subject property does not conform with its zoning district designation being single-family residential is use. The home was constructed prior to the adoption of the Zoning Ordinance and the end of pyramid zoning in 1980 that created the legal nonconforming status. The proposed rezoning would ensure the continued use of the home as constructed. Page 2 Page 599 of 668 Public Utilities: All public utilities are already in place in nearby easements and rights-of-way. Floodplain/Stream Buffer: The subject site is not affected by floodplains or stream buffers. CIP Investments: There are no capital projects planned for this area. REVIEW CRITERIA Recommendations and decisions on rezoning applications must be based on consideration of all the following criteria: 1. Conformance of the requested zoning with the Comprehensive Plan. The Comprehensive Plan envisions residential uses for the area. 2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts. The subject site is located within the Downtown Redevelopment Area (not to be confused with the Square Area Plan). The proposed rezoning conforms with the plan’s effort to preserve existing single-family residential neighborhoods. 3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning. The predominant zoning district classification within this area is R-30/PUD. The proposed R-6 zoning is compatible with the use of nearby properties. 4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood. The proposed R-6 zoning is compatible with the existing character of the area. 5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations. The subject site historically has been occupied as a single-family residence. Rezoning the property to R-6 will eliminate a legal nonconformity that makes financing the existing residence difficult. 6. The length of time the subject property has remained vacant as zoned. The subject site has been used as single-family residence for decades. 7. The extent to which approving the rezoning will detrimentally affect nearby properties. The rezoning should have no detrimental effect on area properties. The proposed rezoning fits with the uses and character of the surrounding neighborhood. 8. The gain, if any, to the public health, safety, and welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application. If rezoning is denied, the property owner will have difficulty refinancing his property. Page 3 Page 600 of 668 EXHIBITS 1. Cover Letter 2. Application 3. Notification letter 4. Address List 5. Notification Area Map 6. Affidavit 7. Comprehensive Plan map 8. Zoning map Page 4 Page 601 of 668Page 602 of 668Page 603 of 668Page 604 of 668 Property Owner Notification Letter City of Independence, Missouri 2026-07-21 26-100-06 D ate: _______ Case No. _______ Dear Property Owner: This letter is to notify you that an application has been submitted for consideration by the Planning Commission and City Council. A full public hearing will be held by the Planning Commission and the City Council will consider new information on the dates and times 'below. Pr_c,><>sed Case Type (Check One): ~ezoning □ Rezoning/POD □ Special Use Permit □ Preliminary' Development Plan Proposed project description: _____________________ Rezoning property from Commercial to Residential to match property use. Applicant: Samuel Gouldsmith Location of Property: 221 N Crysler Ave Independence Mo 64050 26 Planning Commission Meeting Date: Aug 11th 20____.J at 6:00 p.m. 21st City Council Meeting Date: Sep 20~ at 6:00 p.m. Location of public hearings: Independence Municipal Commons 20201 E. Jackson Drive, Independence, Missouri, 64057 All interested persons are invited to attend and will have an opportunity to be heard at the full public hearing (Planning Commission). REZONINGS ONLY: You may file a protest petition with the Community Development Department. Eor mare information or to get copies fa petition, please contact Planning staff at 816-325-7421. Sam l1ou1asm1tn &u,,(lpuQpni/i Applicant (or Owne Development Department at 816-325-7421. Page 605 of 668Parcel ID Property Address Property Owner Owner Address City State ZIP Code 26-340-05-85-00-0-00-000 1125 W TRUMAN RD 1125 TRUMAN RD 116 S PLEASANT ST INDEPENDENCE MO 64050 26-330-02-37-00-0-00-000 1401 E TRUMAN RD RLDS/CHURCH OF JESUS CHRIST 1001 W WALNUT ST INDEPENDENCE MO 64050 26-340-05-17-00-0-00-000 211 N CRYSLER AVE BAGUINON ABEGAYLE & CHRISTOPHER 1860 A LANIKEHA PL PEARL CITY HI 96782 26-340-05-15-00-0-00-000 1217 W TRUMAN RD SIMON JAIME & CORY 3042 S NOVERA WAY MERIDIAN ID 83642 26-320-20-27-00-0-00-000 1308 W TRUMAN RD PENNER GLEN & BETTY J TRUSTEE 10130 ELMONTE OVERLAND PARK KS 66207 26-320-20-28-00-0-00-000 310 N CRYSLER AVE STEELE THOMAS 310 N CRYSLER INDEPENDENCE MO 64050 26-310-26-14-00-0-00-000 305 N CRYSLER AVE PINK HILL PROPERTIES LLC 32202 E PINK HILL RD GRAIN VALLEY MO 64029 26-340-05-14-00-0-00-000 221 N CRYSLER AVE GOULDSMITH ACQUISITIONS LLC 1204 S POWAHATAN DR INDEPENDENCE MO 64057 26-310-26-15-00-0-00-000 1220 W TRUMAN RD NEW EARTH PROPERTIES LLC 31605 E BURGESS RD BUCKNER MO 64016 26-310-26-26-00-0-00-000 1212 W TRUMAN RD MEDLEY SMILES LLC 1212 W TRUMAN RD INDEPENDENCE MO 64050 26-340-05-19-00-0-00-000 203 N CRYSLER AVE SECRETARY OF VETERANS AFFAIRS 3401 W END AVE STE 760W NASHVILLE TN 37203 26-340-05-20-00-0-00-000 123 N CRYSLER AVE JAVA LLC 1050 E 2ND ST STE 356 EDMOND OK 73034 26-340-05-18-00-0-00-000 207 N CRYSLER AVE APT B MAIN CRYSLER CARLISLE LLC 16657 E 23RD ST S STE 213 INDEPENDENCE MO 64055 26-340-05-13-00-0-00-000 1223 W TRUMAN RD KC AUTO SOLUTIONS LLC 551 SARAH LN LIBERTY MO 64068 26-320-20-26-00-0-00-000 1314 W TRUMAN RD PENNER GLEN & BETTY J TRUSTEE 10130 ELMONTE OVERLAND PARK KS 66207 26-340-05-55-01-0-00-000 1215 W TRUMAN RD SPECIAL NEIGHBORS INC 9150 E 41ST TER KANSAS CITY MO 64133 Page 606 of 668Page 607 of 668 Appendix C - Property Owner Notification Affidavit STATE OF MISSOURI COUNTY OF JACKSON Case No. "2.,L, - \ 0 O- O (p S ,M..,(...\ bov\~,~ ~.r.>? . of lawful age being first duly sworn upon oath, state: That I am the (agent, owner, attorney) for the property for which the application was filed and did, not later than fifteen (15) days prior to the date of the public hearing scheduled before the Planning Commission, mail notices to all persons owning property within 185 feet of the subject property. The list of property owners to whom notice has been mailed is attached. These notices were mailed on the '2.f'!. day of __J_'-'_\_~_,__ ___---J. 201-.b . ent, Owner o orney Subscribed and sworn to before me this~ day of---'-S=---u._l_y,______ ___,. 20 ~ \o RAYNELLE M. RUCKER Notary Public-Notary Seal Notary Public STATE OF MISSOURI Jackson County My Commission Expires Jan. 24, 2029 Commission Expiration Date 181Page Page 608 of 668Page 609 of 668Page 610 of 668Page 611 of 668Page 612 of 668Page 613 of 668Page 614 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-088 1R An ordinance approving a rezoning from District R-30/PUD (High-Density Residential/Planned Unit Development) to R-6 (Single-Family Residential) for the property located at 914 and 916 E. Frederick Street. 1R Recommendations: Commissioner Young made a motion to recommend approval of case 26-100-07, a request to rezone 914 and 916 E Frederick St from R-30/PUD (High Density Residential/Planned Unit Development) to R-6 (Single Family Residential). A second was made by Commissioner Torres. The Independence Planning Commission voted as follows: Commissioner Nesbitt – Absent Commissioner Ferguson – Yes Commissioner Ashbaugh – Yes Commissioner O’Neill – Yes Commissioner Torres – Yes Commissioner Young – Yes Commissioner Wiley – Yes The motion passed, and such application is forwarded to the City Council for its consideration. Staff recommends approval of this application. Background: EXECUTIVE SUMMARY: A request to rezone the property from R-30/PUD (High-Density Residential/Planned Unit Development) to R-6 (Single-Family Residential). PROPERTY HISTORY: The South Orchard Home subdivision was recorded with Jackson County in 1887 but wasn’t annexed to Independence until 1948. Upon adoption of the Zoning Ordinance in 1965, the city assigned an R-4 (Apartments) zoning district designation to the subject site. Since the adoption of the Zoning Ordinance, the subject site has been assigned a multifamily residential zoning Page 615 of 668district designation. Available county and city records do not indicate the property has ever been developed. PROPOSAL: The applicant proposes to build two single-family homes at the subject site, but its current zoning district designation does not permit single-family dwellings. PHYSICAL CHARACTERISTICS OF THE PROPERTY: The subject property consists of two (2) lots within the South Orchard Home subdivision, totaling +/-15,246 of area. The parcel is mostly open with a combination of grass-covered areas and scattered mature trees. CHARACTERISTICS OF THE AREA: The subject site is located within a residential area characterized by a variety of residential land uses. Multiplexes, apartments, duplexes, and single-family dwellings are all found in proximity to this site. Consistency with Independence for All, Strategic Plan: The proposed rezoning is supported by the goals and objectives of Independence for All Strategic Plan 2022-2026. The plan seeks to achieve livability, choice, access, health and safety through a quality-built environment by stabilizing and revitalizing neighborhoods. The proposed rezoning will allow infill development in an established neighborhood. Comprehensive Plan Tools and Policies for the Current Designation: Imagine Independence 2040 designates a residential future land use classification for the subject site. This rezoning proposal is supported by Imagine Independence 2040’s land use building block to foster redevelopment opportunities within the City and to revitalize unused or underused property. This building block is supported by a guiding principle to improve and maintain housing stock in established neighborhoods. Sub-Area Plans: The subject site is not located within any sub area plans. Zoning: The current zoning district designation does not permit single-family dwellings, and the proposed rezoning will allow the site to be developed as desired by the applicant. Public Utilities: All utilities are available on the subject site. Utility connections will be reviewed as part of any building permit application. Floodplain/Stream Buffer: Page 616 of 668The subject site is not affected by floodplains or stream buffers. CIP Investments: There are no capital projects planned for this area. Recommendations and decisions on rezoning applications must be based on consideration of all the following criteria: 1. Conformance of the requested zoning with the Comprehensive Plan. The Comprehensive Plan envisions residential uses for the area. Imagine Independence 2040 provides a guiding principle to improve and maintain housing stock in established neighborhoods. 2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts. The subject site is not located within any sub area plans. 3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning. The property is located within a multifamily zoning district that is characterized by a multitude of residential land uses. This proposed rezoning fits within the character of the surrounding area. 4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood. The proposed R-6 (Single-Family Residential) zoning classification is compatible with the existing character of the area. 5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations. Available city and county records do not indicate the property ever having been developed. Rezoning the property will permit the development of single-family homes as desired by the applicant. 6. The length of time the subject property has remained vacant as zoned. Available city and county records do not indicate the property has ever been developed. 7. The extent to which approving the rezoning will detrimentally affect nearby properties. The rezoning should have no detrimental effect on area properties. The proposed rezoning fits within the allowed uses and character of the surrounding corridor. Page 617 of 6688. The gain, if any, to the public health, safety, and welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application. If rezoning is denied, the property will not be developed as proposed by the applicant. Emergency Justification: Fiscal Impact: Council Action: Department / Community Development / Contact REVIEWERS Tom Scannell Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. CD.Draft Ordinance 26-100-07 Page 618 of 6682. Rezoning Staff Report-26-100-07 3. Cover Letter_Redacted 4. Application_Redacted 5. Notification Letter 6. Notification Addresses 7. Notification Area Map 8. Affidavit 9. Comprehensive Plan 10. Zoning Map 11. Planning Commission Meeting Minutes 08.11.26 Page 619 of 668 Rezoning Case #26-100-07 914 & 916 E Frederick St 9/15/26-SH BILL NO. ___________ ORDINANCE NO. ___________ AN ORDINANCE APPROVING A REZONING FROM DISTRICT R-30/PUD (HIGH- DENSITY RESIDENTIAL/PLANNED UNIT DEVELOPMENT) TO R-6 (SINGLE- FAMILY RESIDENTIAL) FOR THE PROPERTY LOCATED AT 914 AND 916 E. FREDERICK STREET. WHEREAS, a request to rezone the property located at 914 and 916 E. Frederick Street from District R-30/PUD (High Density Residential/Planned Unit Development) to R-6 (Single Family Residential) 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 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 a public hearing for the consideration of the request on August 11, 2026, and rendered a report to the City Council recommending the rezoning be approved by a vote of 6-0; and, WHEREAS, in accordance with the Unified Development Ordinance, it was determined that the rezoning was consistent with the review criteria in Section 14-701-02; and, WHEREAS, after due public notice in the manner prescribed by law, the City Council held a public hearing and rendered approval for the Rezoning of the said property; and, WHEREAS, no legal protests were signed, acknowledged, and presented for the application. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the following legally described property is hereby rezoned from District R-30/PUD (High Density Residential/Planned Unit Development) to R-6 (Single Family Residential) and shall be subject to the regulations of said district: SOUTH ORCHARD HOME LOTS 42 & 43 SECTION 2. 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 is 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 Page 620 of 668 Rezoning Case #26-100-07 914 & 916 E Frederick St 9/15/26-SH shall have no legal effect as of the date of such judgement. SECTION 3. 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 City Council. SECTION 4. 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: ________________________________ City Counselor REVIEWED BY: ________________________________ City Manager Page 621 of 668 Planning Commission Staff Report MEETING DATE: August 11, 2026 STAFF: Gabe Glaser, Planner PROJECT NAME: Frederick Street Rezoning CASE NUMBER/REQUEST: Case 26-100-07 – Rezoning – 914 & 916 E. Frederick Street – A request to rezone the property from R-30/PUD (High Density Residential/Planned Unit Development) to R-6 (Single Family Residential). APPLICANT: Joren Branstetter PROPERTY LOCATION: 914 & 916 E Frederick St SURROUNDING ZONING/LAND USE: North: R-30/PUD(High Density Residential/Planned Unit Development)… Apartments and Single-Family Residence East: R-30/PUD…Multiplex South: R-30/PUD…Single Family Residence West: R-30/PUD…Single Family Residence PUBLIC NOTICE: . Letters to property owners – July 8, 2026 . Public Notice published in the Independence Examiner – July 11, 2026 . Signs posted on property – July 10, 2026 FURTHER ACTION: Following action by the Planning Commission, this rezoning request is scheduled for first reading by the City Council on September 8, 2026 and the public hearing/second reading on September 21, 2026 RECOMMENDATION Staff recommends APPROVAL of this rezoning request. PROJECT DESCRIPTION & BACKGROUND INFORMATION PROJECT DESCRIPTION: A request to rezone the property from R-30/PUD (High-Density Residential/Planned Unit Development) to R-6 (Single-Family Residential). Current Zoning: R-30/PUD Proposed Zoning: R-6 Current Use: Vacant Land Proposed Use: Single-Family Dwellings Page 1 Page 622 of 668 Zoning History: 1965 – 1980: R-4 (Apartments) 1980 - 2009: R-4 (High Density Residential) 2009 - Present: R-30/PUD (High Density Residential/Planned Unit Development) Property History: The South Orchard Home subdivision was recorded with Jackson County in 1887 but wasn’t annexed to Independence until 1948. Upon adoption of the Zoning Ordinance in 1965, the city assigned a R-4 (Apartments) zoning district designation to the subject site. Since the adoption of the Zoning Ordinance, the subject site has been assigned a multi-family residential zoning district designation. Available County and City records do not indicate that the property has ever been developed. Proposal: The applicant proposes to build two single-family homes at the subject site, but its current zoning district designation does not permit single-family dwellings. Physical Characteristics of Property: The subject property is comprised of two (2) lots within the South Orchard Home subdivision, totaling +/-15,246 of area. The parcel is mostly open with a combination of grass-covered areas and scattered mature trees. Characteristics of the Area: The subject site is located within a residential area characterized by a variety of residential land uses. Multiplexes, apartments, duplexes, and single-family dwellings are all found in proximity to this site. ANALYSIS Consistency with Independence for All, Strategic Plan: The proposed rezoning is supported by the goals and objectives of Independence for All Strategic Plan 2022-2026. The plan seeks to achieve livability, choice, access, health and safety through a quality-built environment by stabilizing and revitalizing neighborhoods. The proposed rezoning will allow infill development in an established neighborhood. Comprehensive Plan Tools and Policies for the Current Designation: Imagine Independence 2040 designates a residential future land use classification for the subject site. This rezoning proposal is supported by Imagine Independence 2040’s land use building block to foster redevelopment opportunities within the City and to revitalize unused or underused property. This building block is supported by a guiding principle to improve and maintain housing stock in established neighborhoods. Sub-Area Plans: The subject site is not located within any sub area plans. Zoning: The current zoning district designation does not permit single family dwellings, and the proposed rezoning will allow the site to be developed as desired by the applicant. Page 2 Page 623 of 668 Public Utilities: All utilities are available on the subject site. Utility connections will be reviewed as part of any building permit application. Floodplain/Stream Buffer: The subject site is not affected by floodplains or stream buffers. CIP Investments: There is no capital projects planned for this area. REVIEW CRITERIA Recommendations and decisions on rezoning applications must be based on consideration of all the following criteria: 1. Conformance of the requested zoning with the Comprehensive Plan. The Comprehensive Plan envisions residential uses for the area. Imagine Independence 2040 provides a guiding principle guiding principle to improve and maintain housing stock in established neighborhoods. 2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts. The subject site is not located within any sub area plans. 3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning. The property is located within a multi-family zoning district that is characterized by a multitude of residential land uses. This proposed rezoning does fit within the character of the surrounding area. 4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood. The proposed R-6 (Single-Family Residential) zoning classification is compatible with the existing character of the area. 5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations. Available City and County records do not indicate the property ever having been developed. Rezoning the property will permit the development of single-family homes as desired by the applicant. 6. The length of time the subject property has remained vacant as zoned. Available City and County records do not indicate the property has ever been developed. 7. The extent to which approving the rezoning will detrimentally affect nearby properties. The rezoning should have no detrimental effect on area properties. The proposed rezoning fits within the allowed uses and character of the surrounding corridor. Page 3 Page 624 of 668 8. The gain, if any, to the public health, safety, and welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application. If rezoning is denied, the property will not be developed as proposed by the applicant. EXHIBITS 1. Cover Letter 2. Application 3. Notification letter 4. Address List 5. Notification Area Map 6. Affidavit 7. Comprehensive Plan map 8. Zoning map Page 4 Page 625 of 668Page 626 of 668Page 627 of 668Page 628 of 668Parcel ID Property Address Property Owner Owner Address City StateZIP Code 26-120-04-24-00-0-00-000 1001 E FREDERICK ST LAND TRUST OF JACKSON COUNTY MISSOURI 4035 CENTRAL ST KANSAS CITY MO 64111-2207 26-120-04-23-00-0-00-000 1022 E T C LEA RD RUSSELL WILLIAM A & REBECCA D 1022 T C LEA RD INDEPENDENCE MO 64050 26-120-04-08-02-1-00-000 1032 E T C LEA RD HORNER JOHN A & HEMDAH SALONIMER 1032 T C LEA RD INDEPENDENCE MO 64050 26-120-04-08-02-2-00-000 1036 E T C LEA RD SANCHEZ CRUZ 1036 T C LEA RD INDEPENDENCE MO 64050 26-120-03-32-00-0-00-000 912 E FREDERICK ST MANIN LOIS M 99-559 KAHOLI PL AIEA HI 96701 26-120-04-08-01-0-00-000 1027 E FREDERICK ST SANCHEZ VALERIANO 1027 FREDERICK INDEPENDENCE MO 64050 26-120-04-25-00-0-00-000 1020 E T C LEA RD LAND TRUST OF JACKSON COUNTY MISSOURI 4035 CENTRAL ST KANSAS CITY MO 64111-2207 26-120-03-16-00-0-00-000 1105 E PARKER AVE SIMPLE LIFE LLC PO BOX 11454 OVERLAND PARK KS 66207 26-120-03-35-00-0-00-000 1026 E FREDERICK ST 9313 E 18TH STREET S ET AL LLC PO BOX 12 BUCKNER MO 64016 26-120-03-31-00-0-00-000 910 E FREDERICK ST UPTON EMMA JO 4527 24TH ST APT 212 GREELEY CO 80634 26-120-03-18-00-0-00-000 1027 E PARKER AVE SAANOL PROPERTIES LLC 1027 E PARKER AVE INDEPENDENCE MO 64050 26-120-03-33-00-0-00-000 914 E FREDERICK ST NEW LIFE RENTALS LLC 2003 N PONCA DR INDEPENDENCE MO 64058 26-120-03-20-00-0-00-000 1011 E PARKER AVE PENNISTON GEORGE D & SHARI LEE 1011 E PARKER INDEPENDENCE MO 64050 26-120-03-19-01-0-00-000 1023 E PARKER AVE UNIT B STOREY AND SONS LLC 4814 S CLIFF CT INDEPENDENCE MO 64055 26-120-04-09-00-0-00-000 1028 E T C LEA RD FRANKE SHAWN NATHAN 1028 T C LEA RD INDEPENDENCE MO 64050 26-120-03-19-02-0-00-000 1021 E PARKER AVE STOREY AND SONS LLC 4814 S CLIFF CT INDEPENDENCE MO 64055 26-120-03-30-00-0-00-000 1000 E FREDERICK ST FOX LESLIE & KATHLEEN 1000 E FREDERICK ST INDEPENDENCE MO 64050 26-120-04-07-00-0-00-000 1101 E FREDERICK ST AGRAWAL NAMRATA BATRA 1522 MARCIE CIR SOUTH SAN FRANCISCO CA 94080 26-120-03-21-00-0-00-000 925 E PARKER AVE COLE CHARLES W & PATRICIA ANN-TRUST 4316 DOVER INDEPENDENCE MO 64055 26-120-03-17-00-0-00-000 1029 E PARKER AVE ARF 4 LLC 16657 E 23RD ST S STE 370 INDEPENDENCE MO 64055 26-120-04-11-01-0-00-000 925 E FREDERICK ST EAST PARK VILLAGE LLC 1426 HWY TT BATES CITY MO 64011 26-120-03-34-00-0-00-000 920 E FREDERICK ST DRAVES PHILLIP D 28606 E 24 HWY BUCKNER MO 64016 Page 629 of 668Page 630 of 668Page 631 of 668Meeting Date: August 11, 2026 Page 632 of 668Meeting Date: August 11, 2026 Page 633 of 668Page 634 of 668Page 635 of 668Page 636 of 668Page 637 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-089 1R An ordinance approving a rezoning from district R-12/PUD (Two Family Residential/Planned Unit Development) to R-A (Residential Agricultural) for the property located at 515 S. Powell Road. 1R Recommendations: Commissioner Ashbaugh made a motion to recommend approval of case 26-100-08, a request to rezone 515 S Powell Rd from R-12/PUD (Two Family Residential/Planned Unit Development) to R-A (Residential Agricultural). A second was made by Commissioner Ferguson. The Independence Planning Commission voted as follows: Commissioner Nesbitt – Absent Commissioner Ferguson – Yes Commissioner Ashbaugh – Yes Commissioner O’Neill – Yes Commissioner Torres – Yes Commissioner Young – Yes Commissioner Wiley – Yes The motion passed, and such application is forwarded to the City Council for its consideration. Staff recommends approval of this application. Background: EXECUTIVE SUMMARY: A request to rezone the property from R-12/PUD (Two Family Residential/Planned Unit Development) to R-A (Residential Agricultural). PROPERTY’S HISTORY: The subject property was annexed into the City of Independence in 1963. When the City adopted its first Zoning Ordinance in 1965, the property was assigned an R-1 (Single-Family Residential) zoning classification. City records identify two subsequent development proposals for the site. In 1993, the City Council approved a mobile home park; later, in 2006, a duplex Page 638 of 668subdivision received approval. However, neither project was constructed, and the property has remained undeveloped since annexation. PROPOSAL: Future plans for the site include developing small-scale agricultural operations for personal use, including a greenhouse/high tunnel and associated storage structures. PHYSICAL CHARACTERISTICS OF THE PROPERTY: The subject property is located on the east side of Powell Road, comprised of approximately 9.86 acres and is characterized by predominantly wooded areas, rolling terrain, and a southeasterly aspect. CHARACTERISTICS OF THE AREA: The surrounding area includes a diverse mix of land uses and zoning district classifications. Rural, large-lot residential properties are located to the west and north of the site. Tybrook Estates, a developing subdivision featuring a combination of single-family and two-family homes, is situated to the southwest. Industrial uses are concentrated near the intersection of Powell Road and Truman Road. Civic and public-service uses, including Fire Station No. 8, the Independence Animal Shelter, the Independence School District’s bus depot, and the MCC Blue River campus, are located to the south. Consistency with Independence for All, Strategic Plan: Agriculture-based land use involves minimal development impacts, ensuring that the city will not take on long-term costs. The plan provides a goal to achieve livability, choice, access, health and safety through a quality-built environment and supports this request to operate a small-scale farm for personal use. The request is compatible with rural-residential development patterns in the area and is not expected to have negative impacts on the community. Comprehensive Plan Tools and Policies for the Current Designation: Imagine Independence 2040 designates a business park future land use classification for the subject site and surrounding properties. The business park land use category includes manufacturing, transportation and wholesale activities, office and research facilities, and limited retail and services. Although not aligned with the business park future land use category, the proposed rezoning is supported by the comprehensive plan’s policy to encourage adaptive reuse of vacant sites. The proposed rezoning maintains flexibility, preserves land, and allows the property to be used without the need for added infrastructure. Sub-Area Plans: The subject site is located within the Little Blue Valley Plan Area as indicated by Imagine Independence Comprehensive Plan 2040. The Little Blue Valley Plan establishes a goal for land use in the area to, “protect agricultural operations where property owners choose to continue production.” Page 639 of 668Zoning: The current zoning district designation does not permit agricultural-related structures without establishing a permitted principal use (e.g. single-family or two-family dwelling). Rezoning the property to residential agricultural is appropriate for the applicant’s proposal. Public Utilities: Water and electric utilities are available to serve the subject site. Private wastewater disposal systems (septic) may be utilized if needed. Floodplain/Stream Buffer: The subject site is not affected by floodplains or stream buffers. CIP Investments: There are no capital projects planned for this area. Recommendations and decisions on rezoning applications must be based on consideration of all the following criteria: 1. Conformance of the requested zoning with the Comprehensive Plan. The proposed rezoning is supported by the comprehensive plan’s policy to encourage adaptive reuse of vacant sites. The proposed rezoning maintains flexibility, preserves land, and allows the property to be used without the need for added infrastructure. 2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts. The Little Blue Valley Plan establishes a goal for land use in the area to, “protect agricultural operations where property owners choose to continue production.” 3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning. The property is located in proximity to residential-agricultural zoning districts and rural, large-lot residential uses. 4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood. The proposed R-A (Residential Agricultural) zoning classification is compatible with the existing character of the area. 5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations. Page 640 of 668 In R-A Districts, structures for agricultural use, including the storage of equipment, are permitted. In all other residential districts, this is not a permitted activity without a permitted principal use. 6. The length of time the subject property has remained vacant as zoned. Available city and county records do not indicate the property has ever been developed. 7. The extent to which approving the rezoning will detrimentally affect nearby properties. The rezoning should have no detrimental effect on area properties. The proposed rezoning fits within the allowed uses and character of the surrounding corridor. 8. The gain, if any, to the public health, safety, and welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application. If rezoning is denied, the property will not be developed as proposed by the applicant. Emergency Justification: Fiscal Impact: Council Action: Department / Community Development / Contact REVIEWERS Tom Scannell Page 641 of 668Jeremy Cover Lisa Reynolds Susanne Holland ATTACHMENTS: 1. Draft Ordinance 26-100-08 2. Rezoning Staff Report-26-100-08 3. Cover Letter_Redacted 4. Application_Redacted 5. Notification Letter 6. Notification Addresses 7. Notification Area Map 8. Affidavit 9. Comprehensive Plan 10. Zoning Map 11. Planning Commission Meeting Minutes 08.11.26 Page 642 of 668 Rezoning Case #26-100-08 515 S Powell Rd 8/24/26-SH BILL NO. ___________ ORDINANCE NO. ___________ AN ORDINANCE APPROVING A REZONING FROM DISTRICT R-12/PUD (TWO FAMILY RESIDENTIAL/PLANNED UNIT DEVELOPMENT) TO R-A (RESIDENTIAL AGRICULTURAL) FOR THE PROPERTY LOCATED AT 515 S. POWELL ROAD. WHEREAS, a request to rezone the property located at 515 S. Powell Road from District R-12/PUD (Two Family Residential/Planned Unit Development) to R-A (Residential Agricultural) 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 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 a public hearing for the consideration of the request on August 11, 2026, and rendered a report to the City Council recommending the rezoning be approved by a vote of 6-0; and, WHEREAS, in accordance with the Unified Development Ordinance, it was determined that the rezoning was consistent with the review criteria in Section 14-701-02; and, WHEREAS, after due public notice in the manner prescribed by law, the City Council held a public hearing and rendered approval for the Rezoning of the said property; and, WHEREAS, no legal protests were signed, acknowledged, and presented for the application. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. That the following legally described property is hereby rezoned from District R-12/PUD (Two Family Residential/Planned Unit Development) to R-A (Residential Agricultural) and shall be subject to the regulations of said district: SOUTH ORCHARD HOME LOTS 42 & 43 SECTION 2. 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 is 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 Page 643 of 668 Rezoning Case #26-100-08 515 S Powell Rd 8/24/26-SH shall have no legal effect as of the date of such judgement. SECTION 3. 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 City Council. SECTION 4. 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: ________________________________ City Counselor REVIEWED BY: ________________________________ City Manager Page 644 of 668 Planning Commission Staff Report MEETING DATE: August 11, 2026 STAFF: Gabe Glaser, Planner PROJECT NAME: Wysiwyg Agriculture CASE NUMBER/REQUEST: Case 26-100-08 – Rezoning – 515 S. Powell Road – A request to rezone the property from R-12/PUD (Two-Family Residential/Planned Unit Development) to R-A (Residential-Agricultural) APPLICANT: Ryan Jennings PROPERTY LOCATION: 515 S Powell Rd SURROUNDING ZONING/LAND USE: North: R-12/PUD (Two Family Residential/Planned Unit Development)…Vacant Land East: R-6 (Single-Family Residential)…Vacant Land South: R-6 (Single-Family Residential)…Single Family Residence West: R-A(Residential Agricultural)…Low Density Residential PUBLIC NOTICE: . Letters to property owners – July 23, 2026 . Public Notice published in the Independence Examiner – July 25, 2026 . Signs posted on property – July 23, 2026 FURTHER ACTION: Following action by the Planning Commission, this rezoning request is scheduled for first reading by the City Council on September 8, 2026 and the public hearing/second reading on September 21, 2026 RECOMMENDATION Staff recommends APPROVAL of this rezoning request. PROJECT DESCRIPTION & BACKGROUND INFORMATION PROJECT DESCRIPTION: A request to rezone the property from R-12/PUD (Two Family Residential/Planned Unit Development) to R-A (Residential Agricultural). Current Zoning: R-12/PUD Proposed Zoning: R-A Current Use: Vacant Land Proposed Use: Agricultural Page 1 Page 645 of 668 Zoning History: 1965 – 1980: R-1 (Single-Family Residential) 1980 - 1993: R-1b (Single-Family Residential) 1993 – 2006: R-P-3-SU (Moderate-Density Residential Planned Special Use District) 2006 - Present: R-12/PUD (Two Family Residential/Planned Unit Development) Property History: The subject property was annexed into the City of Independence in 1963. When the City adopted its first Zoning Ordinance in 1965, the property was assigned an R‑1 (Single‑Family Residential) zoning classification. City records identify two subsequent development proposals for the site. In 1993, the City Council approved a mobile home park; later, in 2006, a duplex subdivision received approval. However, neither project was constructed, and the property has remained undeveloped since annexation. Proposal: Future plans for the site include developing small‑scale agricultural operations for personal use, including a greenhouse/high tunnel and associated storage structures. Physical Characteristics of Property: The subject property is located on the east side of Powell Road, comprised of approximately 9.86 acres and is characterized by predominantly wood areas, rolling terrain, and a southeasterly aspect. Characteristics of the Area: The surrounding area contains a diverse mix of land uses and zoning district classifications. Rural, large-lot residential properties are located to the west and north of the site. Tybrook Estates, a developing subdivision featuring a combination of single-family and two-family homes, is situated to the southwest. Industrial uses are concentrated near the intersection of Powell Road and Truman Road. Civic and public-service uses, including Fire Station No. 8, the Independence Animal Shelter, the Independence School District’s bus depot, and the MCC Blue River campus, are located to the south. ANALYSIS Consistency with Independence for All, Strategic Plan: Agriculture based land use involves minimal development impacts, ensuring that the city will not take on long-term costs. The plan provides a goal to achieve livability, choice, access, health and safety through a quality-built environment and supports this request to operate a small-scale farm for personal use. The request is compatible with rural‑residential development patterns in the area and is expected to have a positive impact to the community. Comprehensive Plan Tools and Policies for the Current Designation: Imagine Independence 2040 designates a business park future land use classification for the subject site and surrounding properties. The business park land use category includes manufacturing, transportation and wholesale activities, office and research facilities, and limited retail and services. Although not aligned with the business park future land use category, the Page 2 Page 646 of 668 proposed rezoning is supported by the comprehensive plan’s policy to encourage adaptive reuse of vacant sites. The proposed rezoning maintains flexibility, preserves land, and allows the property to be used without the need for added infrastructure. Sub-Area Plans: The subject site is located within the Little Blue Valley Plan Area as indicated by Imagine Independence Comprehensive Plan 2040. The Little Blue Valley Plan establishes a goal for land use in the area to, “protect agricultural operations where property owners choose to continue production.” Zoning: The current zoning district designation does not permit agricultural-related structures without establishing a permitted principal use (e.g. single-family or two-family dwelling). Rezoning the property to residential agricultural is appropriate for the applicant’s proposal. Public Utilities: Water and electric utilities are available to serve the subject site. Private wastewater disposal systems (septic) may be utilized if needed. Floodplain/Stream Buffer: The subject site is not affected by floodplains or stream buffers. CIP Investments: There is no capital projects planned for this area. REVIEW CRITERIA Recommendations and decisions on rezoning applications must be based on consideration of all the following criteria: 1. Conformance of the requested zoning with the Comprehensive Plan. The proposed rezoning is supported by the comprehensive plan’s policy to encourage adaptive reuse of vacant sites. The proposed rezoning maintains flexibility, preserves land, and allows the property to be used without the need for added infrastructure. 2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts. The Little Blue Valley Plan establishes a goal for land use in the area to, “protect agricultural operations where property owners choose to continue production.” 3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning. The property is located in proximity to residential-agricultural zoning districts and rural, large- lot residential uses. 4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood. The proposed R-A (Residential Agricultural) zoning classification is compatible with the existing character of the area. Page 3 Page 647 of 668 5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations. In R-A Districts, structures for agricultural use, including the storage of equipment, are permitted. In all other residential districts, this is not a permitted activity without a permitted principal use. 6. The length of time the subject property has remained vacant as zoned. Available City and County records do not indicate the property has ever been developed. 7. The extent to which approving the rezoning will detrimentally affect nearby properties. The rezoning should have no detrimental effect on area properties. The proposed rezoning fits within the allowed uses and character of the surrounding corridor. 8. The gain, if any, to the public health, safety, and welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application. If rezoning is denied, the property will not be developed as proposed by the applicant. EXHIBITS 1. Cover Letter 2. Application 3. Notification letter 4. Address List 5. Notification Area Map 6. Affidavit 7. Comprehensive Plan map 8. Zoning map Page 4 Page 648 of 668Page 649 of 668Page 650 of 668Page 651 of 668Parcel ID Property Address Property Owner Owner Address City State ZIP Code 16-700-01-15-00-0-00-000 401 S JONES RD BEYOND THE HORIZON LLC 214 S SPRING ST INDEPENDENCE MO 64050 16-700-04-08-00-0-00-000 512 S POWELL RD ENGLAND DOUG & BRENDA 512 S POWELL INDEPENDENCE MO 64056 16-700-04-05-00-0-00-000 500 S POWELL RD HUFFT PENNY M (BINGER) 500 S POWELL RD INDEPENDENCE MO 64056 16-700-04-09-00-0-00-000 516 S POWELL RD MALLETT-JENNINGS BRADEN MICHAEL 516 S POWELL RD INDEPENDENCE MO 64056 17-900-03-08-00-0-00-000 NO ADDRESS ASSIGNED BY CITY ROBINSON REMODELING LLC 500 SE OAK RIDGE DR OAK GROVE MO 64075 17-900-03-09-00-0-00-000 521 S POWELL RD SCHRIER PAUL E & SUSAN E 521 N POWELL RD INDEPENDENCE MO 64056 17-900-03-05-00-0-00-000 NO ADDRESS ASSIGNED BY CITY CITY OF INDEPENDENCE INDEPENDENCE MUNICIPAL COMMONS 20201 E. JACKSON DRIVE INDEPENDENCE MO 64057 17-900-03-02-02-0-00-000 421 S POWELL RD POSADAS MARLON A & LIZA 1204 N SIOUX CT INDEPENDENCE MO 64056 Page 652 of 668Page 653 of 668Page 654 of 668Page 655 of 668Page 656 of 668Page 657 of 668Page 658 of 668Page 659 of 668Page 660 of 668 City of Independence AGENDA ITEM COVER SHEET Agenda Title: 26-090 1R An ordinance levying a tax on all real property subject to taxation on January 1, 2026, within the corporate limits of the City of Independence, Missouri, for all General Revenue and Public Health and Recreation Purposes, for General Obligation Debt, and for the Independence Square Special Benefit District; said levies and assessments being separate and distinct, all for the fiscal year commencing on the 1st day of July 2026 and ending on the 30th day of June 2027. 1R Recommendations: Council approval is recommended. Background: The City's budget was adopted by Ordinance #19816 by City Council on June 15, 2026. For the County to levy tax rates, the City must first certify the amount needed for the City's budget. A public hearing to hear citizens on the property tax was published. Tax levies are based on assessed valuations approved by the County Board of Equalization. Per RsMO 67.110, each political subdivision, located at least partially within a county with a charter form of government or within a city not within a county, shall fix its ad valorem property tax rates as provided in this section no later than October 1st. This year's projected tax levy includes an amount for General Obligation Debt service, including the anticipated next calendar year principal and interest payments, and maintaining a reasonable reserve for payments for a year following the next calendar year. Emergency Justification: Fiscal Impact: The tax revenue is projected as part of the FY2026-2027 Operating Budget. Page 661 of 668The budgeted revenues are as follows per $100 of assessed valuation (amounts are net of collection fees and delinquent/uncollectible amounts): Fund Estimated Revenues Budget Amount (Net) General Fund (002) $6,475,759 $6,373,000 Health & Animal Levy (005) 976,647 $905,00 Parks Health & Recreation Levy (007) 2,075,375 $1,920,000 Total $9,526,781 $9,198,000 Revenue Required for Debt Service + Reserve GO Bond Debt Service $2,681,786 Council Action: Department / Finance / Contact REVIEWERS Melissa Cabrera Melissa Cabrera Jeremy Cover Lisa Reynolds Susanne Holland Page 662 of 668ATTACHMENTS: 1. Tax Levy Ordinance September 2026 2. Memo Recoupment 2026 Page 663 of 668Tax Levy Ordinance BILL NO. _____________ ORDINANCE NO. ____________ AN ORDINANCE LEVYING A TAX ON ALL REAL PROPERTY SUBJECT TO TAXATION ON JANUARY 1, 2026, WITHIN THE CORPORATE LIMITS OF THE CITY OF INDEPENDENCE, MISSOURI, FOR GENERAL REVENUE AND PUBLIC HEALTH AND RECREATION PURPOSES, FOR GENERAL OBLIGATION DEBT, AND FOR THE INDEPENDENCE SQUARE SPECIAL BUSINESS BENEFIT DISTRICT; SAID LEVIES AND ASSESSMENTS BEING SEPARATE AND DISTINCT, ALL FOR THE FISCAL YEAR COMMENCING ON THE 1ST DAY OF JULY 2026, AND ENDING ON THE 30TH DAY OF JUNE 2027. WHEREAS, the approved 2025 tax levy rate per $100 of assessed value for the following purposes was as follows: PURPOSE RATE General Revenue $0.3301 Recoupment 0.0000 Public Health & Recreation 0.1556 Recoupment 0.0000 Debt Service 0.1800 Subtotal $ 0.6657 Independence Square Special Business Benefit District $ 0.5195 WHEREAS, the report of 2025 Aggregate Assessed Valuation for Political Subdivisions from the County Clerks of Jackson County and Clay County for that portion of each county that lies within the city limits of Independence indicated that the Real Property Tax Levy for the General Revenue purpose should be $0.3301 per $100 assessed value within the City with a 2024 Recoupment Levy of $0.0000; and, WHEREAS, the report of 2025 Aggregate Assessed Valuation for Political Subdivisions from the County Clerk of Jackson County and Clay County for that portion of each county that lies within the city limits of Independence indicated that the Real Property Tax Levy for the Public Health and Recreation purpose should be $0.1556 per $100 assessed value within the City with a 2024 Recoupment Levy of $0.0000; and, WHEREAS, a General Debt Service Levy was required due to voter approval to issue General Obligation Bonds in the amount of 0.1800 per $100 assessed value within the City; and, WHEREAS, the 2025 report of real property assessed valuation from Jackson County relating to the Independence Square Special Business Benefit District indicates that the authorized tax levy rate should be $0.5195 per $100 assessed value within the Independence Square Special Business Benefit District; and, WHEREAS, the City is authorized by State Statutes to include an additional tax levy in the current year when the prior year’s assessed valuation was lowered following the setting of the tax levy in that prior year; and, Page 664 of 668Tax Levy Ordinance WHEREAS, the City recommends the 2026 tax levy rate per $100 of assessed value for the following purposes as follows: PURPOSE RATE General Revenue $0.3492 Recoupment 0.0000 Public Health & Recreation 0.1646 Recoupment 0.0000 Debt Service 0.1442 Subtotal $0.6580 Independence Square Special Business Benefit District $ 0.5195 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF INDEPENDENCE, MISSOURI, AS FOLLOWS: SECTION 1. General Municipal Purposes Levy: That there is hereby levied against all real property, subject to taxation within the corporate limits of the City of Independence, Missouri, a tax in the amount of $0.3492 on the One Hundred Dollars ($100.00) assessed valuation of such property for general municipal purposes with a 2025 Recoupment Levy of $0.0000, for the fiscal year commencing on the 1st day of July 2026 and ending on the 30th day of June 2027. SECTION 2. Public Health and Recreation Levy: That there is hereby levied against all real property, subject to taxation within the corporate limits of the City of Independence, Missouri, an additional tax in the amount of $0.1646 on the One Hundred Dollars ($100.00) assessed valuation of such property for Public Health and Recreation purposes with a 2025 Recoupment Levy of $0.0000, for the fiscal year commencing on the 1st day of July 2026 and ending on the 30th day of June 2027. SECTION 3. General Obligation levy. That there is hereby levied against all real property, subject to taxation within the corporate limits of the City of Independence, Missouri, a tax in the amount of $0.1442 on the One Hundred Dollars ($100.00) assessed valuation of such property for general obligation debt purposes, for the fiscal year commencing on the 1st day of July 2026 and ending on the 30th day of June 2027. SECTION 4. Independence Square Special Business Benefit District Levy: That there is hereby levied against all real property, subject to taxation within the described boundaries of the Independence Square Special Business Benefit District, an additional tax in the amount of $0.5195 on the One Hundred Dollars ($100.00) assessed valuation of such property for the Independence Square Special Benefit District purposes, for the fiscal year commencing on the 1st day of July 2026 and ending on the 30th day of June 2027. 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 665 of 668Tax Levy Ordinance _____________________________________ City Clerk APPROVED - FORM AND LEGALITY: _____________________________________ City Counselor REVIEWED BY: _____________________________________ City Manager Page 666 of 668 MEMORANDUM DATE: 08/28/2026 TO: City Council FROM: Troy Anderson, City Manager SUBJECT: City Tax Levy and Recoupment Each year, the City Council sets the City of Independence property tax levy through a process that is set out in State statutes. 67.110, RSMo. requires the Council to set the property tax levy by October 1 of each year. Before the Council can set the property tax levy, the Council must hold a public hearing, notice of which must be published at least seven days prior to the public hearing, and then finalize levies based on finalized assessed valuations received from the Clerks of Jackson and Clay Counties. As the Council is aware, there have been widespread issues with Jackson County residential property tax assessed valuations in the past few years. The State Tax Commission found that the County raised residential property assessed valuations without following the process established in State law. Because of this, the State Tax Commission has ordered Jackson County to reassess residential properties so that the newly assessed valuations are in line with statutory requirements. The County has sent those new assessed valuations to the State Tax Commission, which is currently reviewing those figures. When those figures are confirmed, the City expects that the City’s overall assessed valuation will be significantly reduced from the amount of the City’s assessed valuation in 2023 and 2025. The City’s property tax is governed by the Hancock Amendment, which generally requires the City’s property tax levy to be lowered when the City’s overall assessed valuation increases. In other words, the City does not receive a windfall from higher assessed valuations; the Hancock Amendment is intended to provide the City with generally the same amount of property tax revenue as it did in the previous year. Any meaningful increase to property tax revenue is generally a result of new construction valuations. As a reminder, the City does not levy property tax on individual or business personal property. After Jackson County raised assessed values throughout the City in 2023 and 2025, the City’s overall assessed valuation also increased. This resulted in a reduction of the City’s residential property tax levy in tax years 2023 through 2025. Additionally, the County Executive made corrections to certain commercial valuations after taxing jurisdictions had set 2025 levies and tax bills were sent to taxpayers. As noted above, the County is now required to go through the process to lower those assessed valuations that did not comply with State law. This means that in 2023 and Page 667 of 6682025, the City was required to lower its property tax levy based on assessed valuations that are now being corrected and lowered. Thus, the City was required to lower its residential property tax levy based on artificially high residential property assessed valuations. When this occurs, the City may utilize a process called recoupment. Recoupment allows the City to recover its artificially lowered residential property tax levy and to recover revenues that it should have received if it were not required to lower its residential property tax levy. This process is governed by 137.073.3(2), RSMo. At the time of the next property tax levy setting after it is determined that the City’s overall assessed valuation of a prior year has been lowered, the City may raise its tax levy back to the level that it should have been if the artificially high assessed valuations did not occur. Additionally, the City may levy an additional tax for three years after such determination, which is intended to recoup revenues that the City was entitled to receive, had the City’s overall assessed valuation been correct when that tax levy of a prior year was set. The City is awaiting the State Tax Commission’s determination of the City’s 2023 and 2025 assessed valuations, as well as the 2026 assessed valuation. When those figures are confirmed, the Council may consider recoupment to recover its artificially lowered tax levy. The Council may also consider setting an additional levy to recoup revenues that would have been received but for the artificially high assessed valuations. Page 668 of 668