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					                      CITY OF HAYS COMMISSION MEETING
                     THURSDAY, MARCH 10, 2011 – 6:30 P.M.
                                         AGENDA
1.    Call to order by Chairperson.

2.    MINUTES: Consider approval of the minutes from the regular meeting held on
      February 24, 2011. (PAGE 1)

3.    CITIZEN COMMENTS: (non-agenda items).

4.    CONSENT AGENDA: (Items to be approved by the Commission in one motion, unless
      objections are raised).

                                  UNFINISHED BUSINESS
                                      (No business to review)

                                         NEW BUSINESS

5.    REQUEST FOR RESOLUTION OF SUPPORT FOR MIXED MARTIAL ARTS EVENTS –
      CROSS THE LINE, LLC: Consider approving Resolution No. 2011-005 in support of
      mixed martial arts events by Cross the Line, LLC to be held within the city limits of Hays
      during 2011. (PAGE 11)

6.    CONSIDERATION OF TAXI LICENSE FOR ABC TRANSPORTATION, INC.: Consider
      approving a taxi license for ABC Transportation, Inc. (PAGE 23)

7.    ELLIS COUNTY COALITION FOR ECONOMIC DEVELOPMENT FUNDING REQUEST:
      Consider releasing 2011 funds to the Ellis County Coalition for Economic Development.
      (PAGE 35)

8.    AIRPORT CONSULTANT SELECTION: Consider authorizing the City Manager to
      execute the master professional services agreement with Burns and McDonnell.
      (PAGE 43)

9.    SPECIAL ASSESSMENT PROCEEDINGS: Consider approving Resolution No. 2011-
      006 providing for a Notice of Public Hearing for April 14, 2011 to consider proposed
      assessments to the public improvements for Tallgrass Addition Phase IV, Golden Belt
      Estates 3rd Addition, Heart of America 1st Addition, and King's Gate 1st Addition.
      (PAGE 65)

10.   COMPREHENSIVE FINANCIAL MANAGEMENT POLICY (AUDITING SECTION):
      Consider approving a revision to the Comprehensive Financial Management Policy
      removing the requirement to request an RFP for auditing services every five years
      allowing for it on an “as needed” basis. (PAGE 81)
11.   REPORT OF THE CITY MANAGER (PAGE 111)

12.   COMMISSION INQUIRIES AND COMMENTS

13.   EXECUTIVE SESSION (IF REQUIRED)

14.   ADJOURNMENT


ANY PERSON WITH A DISABILITY NEEDING SPECIAL ACCOMMODATIONS TO ATTEND THIS MEETING
SHOULD CONTACT THE CITY MANAGER'S OFFICE 48 HOURS PRIOR TO THE SCHEDULED MEETING
TIME. EVERY ATTEMPT WILL BE MADE TO ACCOMMODATE ANY REQUESTS FOR ASSISTANCE.
                          MINUTES OF A MEETING
                       OF THE GOVERNING BODY OF
                        THE CITY OF HAYS, KANSAS
                        HELD ON FEBRUARY 24, 2011




1. CALL TO ORDER BY CHAIRMAN: The Governing Body of the City of Hays,
Kansas met in regular session on Thursday, February 24, 2011 at 6:30 p.m.
                    Roll Call: Present: Barbara Wasinger
                                        Troy Hickman
                                        Henry Schwaller IV
                                        Ron Mellick
                                        Kent Steward
       Chairperson Wasinger declared that a quorum was present and called the
meeting to order.
2.   MINUTES: There were no additions or corrections to the minutes of the
regular session held on February 10, 2011; the minutes stand approved as
presented.
3. FINANCIAL STATEMENT: Finance Director Kim Rupp reported that month-
to-date collections for the Sports Complex in January totaled $221,735, which is
an increase of $2,271 when compared to last year. Also, miscellaneous revenue
experienced an increase of $188,620 due to the first installment of the NexTech
Wireless naming rights multi-year commitment along with funds received from
Fort Hays State University in partial reimbursement for their portion of the
expenditures shared with them at the Sports Complex.              Month-to-date
expenditures are at $0.     Inception-to-date collections total $4,560,915 and
inception-to-date expenditures total $7,127,925.       General Fund sales tax
collections were up in January with a month-to-date increase of $4,006 or up
.74% from a year ago. The six month running average on sales tax collections is
up 3.39%.




                                       1
      The Finance/City Clerk’s Office invested $8,850,000 of maturing or
renewing certificates with a weighted average interest rate of .3467%.         The
portfolio of certificates of deposit on January 31, 2011 totaled $38,350,000 with a
weighted average interest rate of .40%. The total balance of the Money Market
account on January 31, 2011 was $1,000,000 with a current yield of .15%. Total
investments are down $6,400,000 from a year ago.
      Ron Mellick moved, Henry Schwaller IV seconded, that the Financial
Statement for the month of January 2011 be approved.
                    Vote: Ayes: Barbara Wasinger
                                    Troy Hickman
                                    Henry Schwaller IV
                                    Ron Mellick
                                    Kent Steward
4. CITIZEN COMMENTS: There were no comments.
5. CONSENT AGENDA: Henry Schwaller IV moved, Troy Hickman seconded,
that the following mayoral appointments be approved:
Hays Convention and Visitors Bureau Advisory Committee
Marjorie Dansel – term to expire December 1, 2012
Jane Matlock – term to expire December 1, 2013
Andy Stanton – term to expire December 1, 2011
Rita Stramel – term to expire December 1, 2013
Hays Sister Cities Advisory Board
Miriam Bolyard – term to expire January 1, 2014
Jenny Jiang – term to expire January 1, 2014
Ed Stehno – term to expire January 1, 2014
                    Vote: Ayes: Barbara Wasinger
                                    Troy Hickman
                                    Henry Schwaller IV
                                    Ron Mellick
                                    Kent Steward




                                         2
                            UNFINISHED BUSINESS


6. STORMWATER UTILITY RECOMMENDATION: CDM Wilson & Company
presented the Stormwater Advisory Committee recommendation at the January
20, 2011 work session. The recommendation included an Equivalent Residential
Unit (ERU) of $3.62 per month as the base unit to provide $670,000 per year for
stormwater infrastructure and operations.
       Kent Steward moved, Ron Mellick seconded, that staff be authorized to
develop an amendment to the Stormwater Management Ordinance that would
enact a stormwater utility and other changes regarding stormwater management,
and hold a public informational meeting on March 8, 2011.
       City Manager Toby Dougherty explained the process the City has followed
to date.    In 2001, the Stormwater Master Plan was completed and a list of
recommendations/projects to mitigate flooding problems in the city was identified.
The projects identified are very expensive to implement, as are EPA
requirements to treat stormwater discharge. Rather than using sales tax monies
or bonding the projects, it was decided to create a stormwater utility to pay for the
projects.
       Commissioner Schwaller stated he will not vote in favor of an amendment
to the Stormwater Management Ordinance unless a tiered system is
contemplated for residential users. He feels the one flat fee for all residential
units is not fair due to the many different sizes of lots and homes. Businesses
are being measured for the amount of impervious surfaces, therefore, the
amount they will be charged is equitable.
       Commissioner Hickman agreed with Commissioner Schwaller.
       The City Manager replied that once the utility is up and running, staff
would look at the tiered option to try to find a balance. The Commissioners
would be able to consider other options at that time.
       Commissioner Steward stated he is very skeptical about initiating a tiered
system. Every residence would have to be measured initially and staff would
need to monitor any changes in impervious surface every time any improvements




                                         3
are made that affect impervious surfaces. This would add a tremendous cost to
administering the stormwater utility. He does not object to staff exploring the
tiered system at this time.
       Commissioner Schwaller felt that records kept by the County Appraiser’s
Office could be used to determine impervious surfaces. When the $4 fee was
implemented last year, the Commissioners said they would look at a tiered
system and he wants to do just that.
       Chairperson Wasinger stated she feels it is a good idea to look at a tiered
system, but for now, the City should go ahead with the ERU flat rate of $3.62.
       Commissioner Mellick stated that even though intentions are good, with a
tiered system, money would be spent on administering the utility that could be
used for improvements to the stormwater system. He does not mind looking at a
tiered option, but does not want a tremendous amount of money spent on
administration.
                     Vote: Ayes: Barbara Wasinger
                                  Troy Hickman
                                  Henry Schwaller IV
                                  Ron Mellick
                                  Kent Steward


                                NEW BUSINESS


7.   ST. JOHN’S VIA CHRISTI – PUBLIC HEARING FOR CONSIDERING
ISSUANCE OF INDUSTRIAL REVENUE BONDS: Via Christi Health System
has completed and submitted an application for a resolution of intent for the
issuance of Health Care Facility Revenue Bonds.        Since these are Industrial
Revenue Bonds, state statute requires a public hearing be conducted to allow for
public comment on the issuance.
       Chairperson Wasinger opened the public hearing to hear comments.




                                        4
       Glenn Cox, 1406 Ash, had questions about the general nature of Industrial
Revenue Bonds, which were answered by the Commissioners, staff and legal
counsel.
       Henry Schwaller IV moved, Troy Hickman seconded, that the pubic
hearing be closed.
                     Vote: Ayes: Barbara Wasinger
                                   Troy Hickman
                                   Henry Schwaller IV
                                   Ron Mellick
                                   Kent Steward
8. ST. JOHN’S VIA CRISTI RESOLUTION OF INTENT FOR THE ISSUANCE
OF HEALTH CARE FACILITY REVENUE BONDS: Industrial Revenue Bonds
(IRB) would reimburse Via Christi up to $14,000,000 in construction costs related
to the construction of a skilled nursing facility and renovations to the existing St.
John’s Assisted Living facility, both at 2525 Canterbury. Via Christi is a not-for-
profit corporation, therefore, they will not be pursuing the property tax abatement
component of this IRB statue.       Passage of a resolution in no way obligates
future commissions to this issuance; it is simply required by state statue so that
they can obtain sales tax exemption during construction. Via Christi will not seek
a revenue bond issue until such time as the project is complete.
       JT Klaus of Triplett, Woolf & Garretson, LLC, bond counsel for Via Christi,
reviewed the project and process for using IRB’s.
       David Karlin, president and CEO of St. John’s, reviewed the history of St.
John’s in Hays and Victoria. He presented an artist’s sketch of the proposed new
facility. He also talked about the economic benefit of constructing this facility.
       Ron Mellick moved, Kent Steward seconded, that Resolution No. 2011-
003, being a resolution indicating the intent of the Governing Body of the City of
Hays, Kansas to issue certain Health Care Facility Revenue Bonds in an
aggregate principal amount of not to exceed fourteen million dollars
($14,000,000) for the purpose of (I) purchasing, acquiring, constructing,
furnishing and equipping a skilled nursing facility to be located in the City and (II)




                                          5
constructing, furnishing and equipping renovations to St. John’s Assisted Living,
be approved.


                    Vote: Ayes: Barbara Wasinger
                                 Troy Hickman
                                 Henry Schwaller IV
                                 Ron Mellick
                                 Kent Steward
9.    CONSIDERATION OF HAYS AQUATIC PARK SEASON PASS FEE
INCREASE FOR THE 2011 SWIM SEASON AND COMBINED CITY/HRC
MEETING: Based on information gathered from other pool facilities across the
state, staff recommended increasing the Hays Aquatic Park/Wilson Pool season
pass price from $35 to $40 per pass.       The expected revenue increase per
season would be approximately $8,555 per year based on 2010 participation
levels. Staff also requested to combine the annual Pool Summary meeting and
the HRC/City of Hays joint meeting into one meeting to be held at the first City
Commission meeting in December of each year.
        Henry Schwaller IV moved, Barbara Wasinger seconded, that the pool
season pass be increased to $40 and that the Pool Summary meeting and
HRC/City of Hays joint meeting be combined into one meeting to be held at the
first City Commission meeting in December of each year beginning December
2011.
                    Vote: Ayes: Barbara Wasinger
                                 Troy Hickman
                                 Henry Schwaller IV
                                 Ron Mellick
                                 Kent Steward
10.   STONEPOST APARTMENTS PHASE III REQUEST FOR WATERLINE
UPGRADE COST SHARE:           Along with Phase III of the Stonepost Apartments
project that is planned for the SE corner of 4th and Oak, there is a need for
waterline upgrades in the area. This section of line was identified in the 2003




                                       6
Water Distribution Study as needing to be replaced, however, there was never a
driving force to move this project along and replacement never occurred.
Overland Property Group, the developers of Stonepost, has formally requested to
enter into a cost share agreement for the line replacement.        The engineer’s
estimate for this waterline upgrade is $57,340.75 including engineering costs.
The City share amounts to $31,440.50 and the developer’s share is $25,900.25.
The City share is slightly higher due to the additional footage of line replacement
that is not part of the Stonepost project.
       Commissioner Schwaller left the meeting during discussion of the project.
       Ron Mellick moved, Kent Steward seconded, that the City Manager be
authorized to execute a developer agreement with Overland Property Group
providing for the City’s cost share of the waterline upgrade not to exceed
$31,440.50.
                     Vote: Ayes: Barbara Wasinger
                                    Troy Hickman
                                    Ron Mellick
                                    Kent Steward
                     Not Voting:    Henry Schwaller IV
       Commissioner Schwaller rejoined the meeting after the vote.
11.   PROPOSED HANGAR RATE INCREASE AT THE HAYS REGIONAL
AIRPORT: On April 22, 2010, the City Commission approved a 10% rate
increase for land leases and city-owned hangar leases at the Hays Regional
Airport. At that time, it was suggested that these rates be reviewed annually and
adjustments made accordingly. The proposed new rates would be $.20/SF for
land leases and a 10% increase on five city-owned hangars and seven cents a
square foot on six hangars to equal $1.50/SF.       Staff recommended the rate
increase be effective July 1, 2011 through June 30, 2012. This is the third and
final rate increase on the incremental plan presented and approved in 2009.
       Ron Mellick moved, Henry Schwaller IV seconded, that an incremental
increase in the hangar/land lease rates at the Hays Regional Airport be
approved, bringing the cost of the land leases for privately-owned hangars to




                                             7
$.20/SF and a 10% increase on five city-owned hangars, and seven cents a
square foot on six hangars to equal $1.50/SF, for the period of July 1, 2011 to
June 30, 2012.
                     Vote: Ayes: Barbara Wasinger
                                   Troy Hickman
                                   Henry Schwaller IV
                                   Ron Mellick
                                   Kent Steward
12. PAVEMENT CONDITION ASSESSMENT: Automated data collection uses
computer controlled radar, lasers, and digital imagery equipment mounted in a
mobile unit, which is driven on streets collecting uniform, unbiased data on the
condition of the pavement.        Proposals were solicited for automated data
collection services regarding the pavement condition of streets throughout the
City and the development of a 5-year repair and maintenance program. Staff
recommended entering into an agreement with Infrastructure Management
Services (IMS) of Tempe, AZ, in an amount not to exceed $48,000.
       Barbara Wasinger moved, Troy Hickman seconded, that the City Manager
be authorized to enter into an agreement with Infrastructure Management
Services, in an amount not to exceed $48,000, for services related to automated
pavement data collection and the development of a new 5-year repair and
maintenance program.
       Commissioner Steward questioned spending $48,000 for a pavement
condition assessment for five years; he would rather spend less money annually
to identify streets in need of repair. He feels that, in five years, the data would be
out of date.
       Chairperson Wasinger stated that cities are faced with losing funding from
both the state and the federal government. The best decisions need to be made
and she feels the pavement condition assessment will provide a base line
assessment of all the streets in Hays. From that assessment, decisions can be
made regarding street repair.




                                          8
          The City Manager stated that if this is not approved, staff will do the best
job they can to gather data and develop a plan.           Staff feels that with IMS’s
assistance, a better plan can be developed. Many of the cities funding sources
for street repairs are no longer available. It is felt that, with the assistance of
pavement condition assessment data, good decisions will be made on where and
how to spend money for street repair.
          Commissioner Mellick stated the data will help the city from making the
same mistakes that were made on 13th, Vine and Indian Trail, those mistakes
being that once the streets were tore up it was discovered that the base had also
deteriorated.
                       Vote: Ayes: Barbara Wasinger
                                     Troy Hickman
                                     Henry Schwaller IV
                                     Ron Mellick
                              No:    Kent Steward
13. VINE STREET RECONSTRUCTION (22ND TO 27TH) – AWARD OF BID:
The City has received KDOT Connecting Link funding to assist in the cost of
construction of Vine Street from 22nd to 27th Street. The low bid for the project, in
the amount of $993,541, was submitted by Smoky Hill Construction.
          Henry Schwaller IV moved, Troy Hickman seconded, that the City
Manager be authorized to enter into a contract with Smoky Hill Construction, in
the amount of $993,541, for the reconstruction of Vine Street from 22nd to 27th
Street.
                       Vote: Ayes: Barbara Wasinger
                                     Troy Hickman
                                     Henry Schwaller IV
                                     Ron Mellick
                                     Kent Steward
14.   VINE STREET RECONSTRUCTION (22ND TO 27TH) – RESOLUTION
AUTHORIZING BONDS FOR REIMBURSEMENT:                            The City’s Capital
Improvement Plan includes the reconstruction of Vine Street from 22nd to 27th




                                           9
Street in 2011 to be funded in part by State Connecting Link funds with the
balance to be funded locally through the issuance of General Obligation Bonds.
In order to bond the costs of this project, a resolution needs to be adopted
authorizing the reconstruction and issuance of General Obligation Bonds.
       Henry Schwaller IV moved, Kent Steward seconded, that Resolution No.
2011-004, being a resolution authorizing the reconstruction of Vine Street from
22nd Street north to 27th Street, and authorizing the issuance of General
Obligation Bonds of the City of Hays to pay the costs thereof, be approved.
                     Vote: Ayes: Barbara Wasinger
                                   Troy Hickman
                                   Henry Schwaller IV
                                   Ron Mellick
                                   Kent Steward
15. REPORT OF THE CITY MANAGER: Assistant City Manager Paul Briseno
presented his monthly report of projects and activities throughout the city.
16. COMMISSION INQUIRIES AND COMMENTS: There were no comments.


       The meeting was adjourned at 8:09 p.m.




       Submitted by:________________________________________
                                   City Clerk




                                         10
                                     CITY OF HAYS
                              AGENDA ITEM COVER SHEET

      COMMISSION AGENDA ITEM NO. 5                          MEETING DATE: 3-10-11



TOPIC:

Resolution of Support for Mixed Martial Arts Events – Cross the Line, LLC

ACTION REQUESTED:

Consider approving Resolution No. 2011-005 in support of mixed martial arts events for
Cross the Line, LLC, to be held within the city limits of Hays during 2011.

NARRATIVE:

Lawrence Gaytan of Cross the Line, LLC is requesting a resolution from the City Commission
for a mixed martial arts event. State statue requires sanctioned events to have a resolution
from the local governing body.

PERSON/STAFF MEMBER(S) MAKING PRESENTATION:

Toby Dougherty, City Manager
Lawrence Gaytan, Cross the Line, LLC

ADMINISTRATION RECOMMENDATION:

N/A

COMMITTEE RECOMMENDATION(S):

N/A

ATTACHMENTS:

Letters/Info from Lawrence Gaytan and Randy Lang
Resolution No. 2011-005

PROJECTOR NEEDED FOR THIS ITEM? No




                                               11
12
From: Randy Lang [mailto:crossthelinemma@live.com]
Sent: Monday, February 14, 2011 6:42 PM
To: Paul M. Briseno
Subject: Letter


February 14, 2011


Mr. Paul Briseno
Assistant City Manager
1507 Main Street
Hays, KS 67601


Dear Paul:


I understand that the City Commissioners are requesting some additional
information about Cross the Line LLC and what brought us to Hays. My name is
Randy Lang and I am Director of Sales & Sponsorships for our company. I spoke
to you on a couple of different occasions regarding our MMA event that was
originally scheduled for February 5th, 2011.

What brings us to Hays is that I am originally from Quinter, which is 50 miles
west of Hays. My family and myself have been involved in martial arts for many
years and I thought it would be a great idea to bring a professional MMA
event back to where I grew up. My father, Bennie Lang, was from Victoria and
my mother was a Pfannenstiel from Hays. My grandmother on my fathers side
was a Dreiling and a Rupp on my mothers side. Between these four names, I'm
related to about 30% of Ellis County. Other family names that I am related to
would include Bieker, Schmeidler, Dreher, and Wittman. As you can see, these
are prominent names in the community and I would only want to be involved with
the best company that could promote a high quality MMA event. I
contacted Lawrence Gaytan, due to his extensive experience, and asked for his
help to promote this event in Hays.

In addition to this, I am considering relocating my family back to Hays and
opening a Taekwondo facility which could potentially bring ATA tournaments to
the area as well. My son is a 3rd degree black belt and holds 2 World
Championship titles. My wife and I are both 2nd degree black belts and our
instructor, who would be involved with our facility as well, is a 7th degree Senior
Master.

I hope this answers any questions as to my connection with western Kansas and
my family ties to Ellis County. Brining these events to the area is all about
promoting the sport. Lawrence has many ties to the professional arena with MMA




                                          13
which could help many young fighters in this area that may want to pursue the
MMA sport as a profession.


Thank you for your time and consideration. Please do not hesitate to call me with
any questions.



Sincerely,

Randy Lang
Director of Sales & Sponsorships
303.263.3455

www.crossthelinemma.com
   View CTL Logo.png in slide show




                                       14
Stacy Lee
Director of Recreation
Community Building Supervisor
285 E. 5th
Colby, KS 67701
 

Dear Stacy: 

Thank you for this opportunity to bring one of the nation’s fastest growing spectator sports to Colby on March 19th, 
2011. I have been involved promotion and production of mixed martial arts for 7 years and a competitor since 1996. 

I started working as security and set‐up in 2003 with Kickdown MMA and then moved on to production and 
development with Rocky Mountain Bad Boys in 2004. In 2005 I brought together all the components to establish 
American Championship Fighting. With this company, we set the record for the largest attendance for a first time event 
with 5,000 spectators.  

In 2006 I was a consultant with Xtreme Fight Championship in Austin, Texas for their XFC 5 & 6 with each having an 
average attendance of 4,000 spectators. 

In 2007 I was appointed the Director of Combat Sports of The Shaw Ray Colorado Pro/Am Fitness and Figure 
Bodybuilding Classic held at the Colorado Convention Center. Along with that, I was hired to help bring together the 
company, King of Kombat in Austin, Texas giving them their first fight card that read like a UFC event with some of the 
top fighters in the industry fighting at their first event.  

I was in charge of the Brazilian Jiu Jitsu Tournament, Muay Thai Kickboxing demonstration, and the Mixed Martial Arts 
event The Colorado MMA Championships. I myself have been a participant in training of Brazilian Jiu Jitsu and Muay Thai 
Kickboxing for 15 years. 

Attached are some of the photos of the largest event I helped present and plan. 

 

 




       P.O. Box 473           Westminster, CO 80030             720.335.2782           www.crossthelinemma.com

                                                           15
                             RESOLUTION NO. 2011-005


BE IT RESOLVED by the governing body of the City of Hays, Kansas:

       WHEREAS, the City of Hays recognizes the Kansas Athletic Commission which
has general charge and supervision of all regulated sports and professional wrestling
performances held in the State of Kansas in accordance with the Kansas Professional
Regulated Sports Act, K.S.A 74-50, 181;

        WHEREAS, “Regulated sports” means professional boxing, sparring,
professional kickboxing, professional mixed martial arts and professional full-contract
karate;

       WHEREAS, the City Commissioners of Hays, Kansas require any existing permit
process to remain in effect;

       WHEREAS, after being fully advised, the City Commissioners of the City of
Hays, Kansas approve the holding of such regulated sports events regulated by the
Kansas Athletic Commission within the City.

     NOW, THEREFORE, BE IT RESOLVED, BY THE GOVERNING BODY OF
THE CITY OF HAYS, KANSAS:

       The City of Hays, Kansas approves the hosting of Regulated Sporting Events
regulated by the Kansas Athletic Commission, by Cross the Line, LLC, for 2011,
provided that said competition must be licensed by the Kansas Athletic Commission.

         PASSED by governing body and signed this 10th day of March, 2011.



                                             ____________________________________
                                             BARBARA K. WASINGER
                                             MAYOR



ATTEST:

(Seal)


_____________________________
DORIS WING
CITY CLERK




                                            16
                                                




                                                




                                                



P.O. Box 473   Westminster, CO 80030        720.335.2782   www.crossthelinemma.com

                                       17
 




                                                                                                      
 

This show had Mark Coleman in the corner for Wes Sims with Dan Henderson and Matt Lindland with their respective 
fighters and Mark Kerr as a competitor after a 5 year retirement. 

 

 

 

 




       P.O. Box 473         Westminster, CO 80030                       720.335.2782   www.crossthelinemma.com

                                                                   18
                                                                        
 

 



    P.O. Box 473   Westminster, CO 80030        720.335.2782   www.crossthelinemma.com

                                           19
 

 

Thank you again for your time and it was a pleasure meeting with you last week. Please let me know if you need any 
additional information. 

 

 

 

 

 

 

Sincerely, 

 

 

Lawrence Gaytan 

Cross the Line LLC 

 




        P.O. Box 473         Westminster, CO 80030             720.335.2782          www.crossthelinemma.com

                                                          20
Lawrence R Gaytan 

CEO Cross the Line LLC 

PO Box 473 Westminster, Colorado 80036 

 

Thank you for this opprotunity to bring one of the nations fastest growing spectator sports to 
Hays, Kansas. 

I have been involved in the Mixed Martial Arts industry for 7 years in the production and 
promotion aspect and as a competior since 1996. 

Started working as security and set‐up in 2003 with Kickdown MMA 

moved on to production and development with Rocky Mountain Bad Boys in 2004 

In 2005 I brought together all the components to establish American Championship Fighting 

with this company we set the largest attendance for a first time event with 5,000 in attendance.  

In 2007 I was appointed the Director of Combat Sports for the event 

 The Shaw Ray Colorado Pro/Am Fitness and Figure Bodybuilding Classic held at the Colorado 
Convention Center 

I was in charge of the Brazilian Jiu JItsu Tournament, Muay Thai Kickboxing demonstration, and 
the Mixed Martial Arts event "The Colorado MMA Championships". 

In 2006 I was a consultant with Xtreme Fight Championship in Austin, Texas for their XFC 6 & 7 
with each having an attendance average of 4,000 spectators. 

In 2007 I was hired to help bring together the company King of Kombat in Austin, Texas helping 
them bring them their first fight card that read like a UFC event with some of the top fighters in 
the industry fighting on their first event.  

I myself have been a participant in training of Brazilian Jiu Jitsu and Muay Thai Kickboxing  for 15 
years and a competitor in MMA since 2004. I have also been a referee and judge in MMA. I 
trained and cornered Lauren Barr who won the ISKA WelterWeight Amateur Title for the event  

My staff consists of: 

Randy Lang        Director of Sales and Sponsorships He has promoted well over 30 events in the 
sport of Tae Kwon Do.  

Steven Shaw      CFO          8 years financial experience   




                                                  21
Arnold Gonzalez     CMO ‐ He was the Vice‐President of Marketing and Advertising for 20 years 
with Dish Network in San Antonio, Texas and is now working with us providing us outstanding 
insight in his respective field. 

Devin Thorn       Matchmaker ‐ He has promoted 20 events and assisted or matched those 20 as 
well as match making for 5 other events with two of those events being ISKA Sanctioned Events. 
Has refereed 3 events and judged several other events. He has also MC'd several events . He has 
also participated in over 50 events from Professional Boxing, Kickboxing, MMA (Am and Pro), 
and Tough Man Competitions. 

Jorge Chacon      MMA Promotional Consultant ‐ Has been the promoter on 17 shows in    
Cheyenne‐ Laramie‐ Torrington, Wyoming,   Ft. Collins CO, Nebraska, and was a consultant with 
me at the Colorado MMA CHampionships. He also has been a competitor in Muay Thai 
Kickboxing and American Kickboxing. He has also judged and refereed events. 

Brad Dennis         Manufacturing and Distribution  ‐ Bonafide Tough Guy owner/partner in 
charge of all our apparel and product develpoment. 

 




                                              22
                                      CITY OF HAYS
                               AGENDA ITEM COVER SHEET

      COMMISSION AGENDA ITEM NO. 6                           MEETING DATE: 03-10-11



TOPIC:

Taxi License

ACTION REQUESTED:

Consider approval of a Taxi License Application from ABC Transportation to provide shuttle
service.

NARRATIVE:

Kathy Payne, owner of ABC Transportation, Inc., from Blue Springs, MO has applied for a
Taxi License to provide shuttle transportation services between the Hays Regional Airport
and various destinations throughout Hays. The Taxi License would allow ABC to function as
a full-time taxi service if they should choose to do so in the future. Three local drivers will
operate the shuttle service. The Police Department has done a background check on the
owner of ABC as well as the three drivers; all have a clean record. The applicant has met all
criteria for operating a taxi service as defined in Sec. 14-206 of the Hays Municipal Code.

PERSON/STAFF MEMBER(S) MAKING PRESENTATION:

Toby Dougherty, City Manager
Kim Rupp, Director of Finance

ADMINISTRATION RECOMMENDATION:

Approval of Taxi Application

COMMITTEE RECOMMENDATION(S):

N/A

ATTACHMENTS:

Staff Memo
Application
Municipal Code

PROJECTOR NEEDED FOR THIS ITEM? Yes




                                                 23
        Commission Work Session Agenda
                    Memo

From:                 Doris Wing, City Clerk

Meeting:              March 3, 2011

Subject:              Taxi License

Person(s)             Doris Wing, City Clerk
Responsible:          Kim Rupp, Finance Director


                                      Summary
       ABC Transportation, Inc. has applied for a Taxi License to provide shuttle
transportation between the Hays Regional Airport and various destinations throughout
Hays. Upon approval by the Commission, it is expected that service will commence
immediately.

                                     Background
        Kathy Payne, owner of ABC Transportation, Inc., from Blue Springs, MO has
applied for a Taxi License to provide shuttle transportation services between the Hays
Regional Airport and various destinations throughout Hays. ABC may provide shuttle
service in the near future for Fort Hays State University. Beyond that, ABC has no
intentions to function as a taxi cab business at this time. The Taxi License would allow
ABC to function as a full-time taxi service if they should choose to do so in the future.
Three local drivers will operate the shuttle service. They are Barney Boos, Charles
Patterson, and Wayne Wittman. The Police Department has done a background check on
the owner of ABC as well as the three drivers; all have a clean record.

                                      Discussion
       Certificates of Liability Coverage have been provided as well as insurance
coverage for the three vehicles that will be used in this endeavor. The vehicles have been
inspected by the Public Works Shop Foreman and pass inspection. If the Taxi License is
approved, the three drivers will have photo identification tags issued by the Information
Technology Division which must be displayed in the taxi vehicle.
       Hays has not had a taxi service since 1999. An application for a taxi license was
made in 2003; however, the applicant withdrew her application before the process was
completed.




                                           24
                                     Legal Consideration
       The applicant has met all the criteria for operating a taxi service as defined in Sec.
14-206 of the Hays Municipal Code of Ordinances.

                                  Financial Consideration
       There are no financial considerations for the City of Hays.

                                             Options
      Approve the taxi application
      Do not approve the taxi application

                                     Recommendation
       City staff recommends approval of the application so that passengers utilizing the
   Hays Regional Airport will have an option for transportation between the Airport and
   various destinations.

                                     Action Requested
              Approval of the Taxi License Application from ABC Transportation to
   provide shuttle services.

                              Supporting Documentation
          Application
          Sec. 14-206 of the Municipal Code




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                                      CITY OF HAYS
                              AGENDA ITEM COVER SHEET

      COMMISSION AGENDA ITEM NO. 7                           MEETING DATE: 03-10-11



TOPIC:

Ellis County Coalition for Economic Development Funding Request

ACTION REQUESTED:

Consider releasing 2011 funds to the Ellis County Coalition for Economic Development.

NARRATIVE:

A few months ago the Commission discussed funding for the Coalition for fiscal year 2011.
At that time is was suggested that the Coalition work on an updated job description as well as
finalize the recruitment brochure and bring them back for Commission review along with a
disbursement request. The recruitment brochure and updated job description have been
provided.

PERSON/STAFF MEMBER(S) MAKING PRESENTATION:

Toby Dougherty, City Manager
Todd Powell, Ellis County Coalition for Economic Development Board

ADMINISTRATION RECOMMENDATION:

N/A

COMMITTEE RECOMMENDATION(S):

N/A

ATTACHMENTS:

Recruitment Brochure
Job Description

PROJECTOR NEEDED FOR THIS ITEM? YES




                                                35
The Ellis County, Kansas, Coalition for Economic
Development seeks a highly motivated, experienced,
and visionary professional to serve as the next…

EXECUTIVE DIRECTOR                                                                                  Provided by Fort Hays State University


The Community
Hays, the county seat of Ellis County, Kansas, is a                   offerings. The Hays Regional Airport offers daily flights to
university community of 20,000 people located halfway                 and from Denver. Affordable housing in Hays and Ellis
between Kansas City and Denver on Interstate 70. Ellis                County is a reality. In Hays, nearly 65% of residents are
County boasts a total population approaching 30,000 and is            homeowners. Median sales price of existing homes is
the regional hub of Northwest Kansas for retail, education,           $130,900 and new construction averages $200,500.
medical services, entertainment, and recreation.
                                                                      To celebrate its history and heritage, Hays plays host to
Low crime and unemployment rates help make Ellis                      several annual events that attract many visitors to the area.
County a great place to live and raise a family, as do the            Among the many festivals are: The “Wild West Festival” ,
excellent Hays Public Schools, two private schools, and two           “Old Fort Hays Days”, and “The Victorian Christmas”, all of
institutions of higher learning. Founded in 1902, Fort Hays
                                                                      which are filled with activities that recapture Hays’ colorful
State University is one of six state-assisted institutions
of higher education, and is a partner to the Ellis County             past and allow visitors to relive frontier life on the plains of
Coalition for Economic Development. In addition to Fort               Kansas. The German Heritage of Ellis County is celebrated
Hays State University, Ellis County is also served by The             with several festivals and events each year, starting with the
Hays Campus of North Central Kansas Technical College,                Polka Fest in March and the German Heritage Days held in
which was established in 1975 and serves students from                April, with celebrations continuing throughout the year and
throughout Kansas as well as southwest and south central              culminating with two of the finest Oktoberfest celebrations
Nebraska.                                                             in the Midwest.
Ellis County is home to Hays Medical Center, an outstanding           That’s not all. There is even more that Ellis County can
medical institution and major employer in the area. Home of           boast about. The award winning Hays Arts Center is home
the DeBakey Heart Institute of Kansas, the national Rural             to the oldest Arts Council in the state of Kansas. The Hays
Health Association named Hays Medical Center as the                   Symphony Orchestra is in its eighth decade of continuous
“Outstanding Rural Health and Telemedicine Program in the             performances. The Hays Public Library ranks 4th in the
United States” for 1997.                                              nation among libraries serving populations of 10,000 to
Ellis County annually has one of the   top retail pull factors        99,000, and for the past ten years has ranked #1 in the
in the state. The downtown area has    been revitalized with          state for circulation per capita. Finally, according to recent
unique shops, a microbrewery and       entertainment, while           rankings by Progressive Farmer and E-Podunk; Hays,
the north side of town is expanding    with additional retail         Kansas has a great quality of life.

                                                                 36
                                                                      Governance And The Organization
Provided by Chestnut Street District
                                                                     The Ellis County Coalition for Economic Development is an
                                                                     organization that is supported by both public and private
                                                                     funds. The public funding sources are from Ellis County,
                                                                     the City of Hays, the City of Ellis, the City of Victoria, the
                                                                     Hays Convention & Visitors Bureau, the Ellis Chamber
                                                                     of Commerce, the Hays Area Chamber of Commerce,
                                                                     the Heart of America Development Corporation, and Fort
                                                                     Hays State University. Private funding sources come from
                                                                     various local businesses and individuals.

                                                                     The Ellis County Coalition for Economic Development
                                                                     Board of Directors is committed to successful economic
                                                                     development and is very engaged in the activities of the
                                                                     Coalition. The Board will be a great asset to the new
                                                                     Executive Director. The Coalition is a 501(c)(6) Corporation.
                                                                     In addition to the Executive Director, the Coalition is staffed
                                                                     by a long term, full time, administrative support professional.


 Position Profile
                                                                      skills with the ability to accomplish a great deal using
      The individual selected for this position will be               influence and persuasion.
      responsible for promoting the economic vibrancy
      of Ellis County through strategic, proactive, and               The successful candidate will have excellent business and
      innovative growth and development. Success will                 political acumen and possess the ability to work with a
      be measured by:                                                 large board of directors. A demonstrated background in the
                                                                      review and implementation of strategic planning/analysis
      •    Leading the Board, sponsoring agencies, and
                                                                      processes is needed. The ability to develop cooperative
           community through a planning process that
                                                                      working relationships among individuals with differing
           supports business retention and expansion
                                                                      philosophies and priorities will be necessary. Proven
      •    Recommending initiatives designed to foster a              experience and participation in public/community relations
           spirit of entrepreneurism in Ellis County                  programs in a leadership capacity is also desired. He or
      •    Marketing Ellis County regionally and statewide            she must be able to motivate others to deliver high quality
           through planning and outreach activities                   service while striving to satisfy stakeholders’ needs. The
                                                                      successful individual will be a catalyst for action, organized,
      •    Developing Board policy regarding                          thorough in approach and capable of showing flexibility in
           enhancement of quality of life in Ellis County             arriving at solutions that will benefit a wide segment of the
           and the Coalition’s role in that effort.                   community. A positive and enthusiastic outlook toward
                                                                      solving complex problems will be a necessary requirement
  The new Executive Director will be expected to place                for the successful candidate. The successful candidate will
  emphasis on gaining the support and assistance of local             need to know how to enlist the help of available community
  government sponsoring agencies as well as the business              and investor resources to accomplish the goals set forth in
  community and general public in the development of a new            the Coalition’s Strategic Plan.
  Strategic Plan. The Executive Director must have the ability
  to develop working relationships and joint initiatives that
  further the mission and goals of the Coalition. Education
  of stakeholders and the general public as to the return on
  investment and value of economic development activities
  and initiatives will be a major focus of the Executive Director.

  The successful candidate must quickly establish herself/
  himself as an open and inclusive communicator who is
  approachable and a coalition-builder. He/she must be
  able to build a strong team environment while learning the
  organization and community, and identifying strengths and
  opportunities for future improvements. The new Executive
  Director will be expected to have exceptional interpersonal
                                                                                                   Provided by Fort Hays State University
                                                                 37
Current Issues
The first tasks of the new Executive Director will be to update    residents, both old and new, with companies generally
the Coalition’s Economic Development Strategic Plan and            wishing to locate in communities offering a multitude of
secure commitment for continued funding by investors and           amenities attractive to today’s workforce. Ellis County is
sponsoring organizations. This will be accomplished by             unique in that it represents the perfect blend of old west
leading the Board, local government leaders, business              hospitality and “big city” entertainment, culture, educational,
community, and public through a planning process that              and recreational activities. Serving as a regional hub for
will identify the high priority issues and measures by which       Northwest Kansas in providing financial, educational,
success will be determined. By developing a blueprint for          medical, professional, recreational, and cultural activities,
success, together with measurable goals and objectives,            Ellis County has a unique quality of life worthy of national
the value of the activities of the Coalition will be readily       recognition. Maintaining, enhancing, and promoting Ellis
apparent, leading to increased visibility and viability.           County’s unique assets that make this quality of life a
In conjunction with the update and expansion of the                reality is essential.
Coalition’s Economic Development Strategic Plan, the
new Executive Director will be responsible for developing
and implementing a public education and public relations
program. While business and governing body support for
the activities of the Coalition are apparent, there exists a
need to more fully educate the public about the benefits of
concerted and focused economic development activities.
This will lead not only to a greater public awareness
and understanding, but also increased participation in
the activities of the Coalition, which, in turn, will result in
greater success and stability.
The Director will be responsible for developing and
undertaking a sustained marketing campaign which will
raise Ellis County’s profile as a premier destination for
new investment and business and family relocation. One
method to accomplish this will be to prominently feature
Ellis County’s quality of life.
The idea of quality of life considers what is attractive to



Candidate Profile
The successful candidate for Executive Director will be            The new Executive Director should have considerable
visionary and innovative, with a relentless focus on results.      knowledge of governmental processes and public resources
The Executive Director’s interpersonal style should reflect        which can be leveraged to assist in recruitment and retention
a collaborative approach, adaptability, flexibility and a          of businesses, with the goal being to deliver one-stop
willingness to solicit the opinions and input of others. The       economic development service. Additionally he/she should
ability to establish and maintain effective relationships with     be able to interpret ordinances, laws and regulations, and
staff of other organizations, government leaders, community        to read and interpret maps, contracts, blueprints, financial
leaders, professionals, business and industry leaders,             statements, statistical reports, promotional materials, and
news media and members of the public is paramount. In              related correspondence.
addition, he/she must thrive on building relationships,            The successful candidate will have a demonstrated record
having the ability to work cooperatively with a wide variety       of success in leading a community’s economic development
of stakeholders and interest groups.                               initiatives, maintaining and enhancing sustainability and
The successful candidate will possess superior                     vitality, and a reputation for being skilled in business
communications skills and the ability to develop and               solicitation, promotion and public relations. Ideal candidates
present reports to various audiences. Excellent strategic          should be genuinely committed to a strong customer service
planning skills, persuasiveness, negotiation skills and            ethic; responsive to organizational, business community,
administrative abilities are required. In addition, he/she         local government, and citizen needs, and be open and
must be politically astute but apolitical, energetic, and          honest in all internal and external relationships. A hands-on
possess strong intuitive abilities demonstrated by a track         approach and willingness to lead by example are required.
record of business successes, and the self-confidence to           This is a position of public trust, thus personal integrity and
attempt new strategies. He/she will also be expected to be         ethics must be beyond reproach.
a highly visible person in the community.

                                                              38
Education & Experience                                                    Compensation & Benefits
Requirements for the position include a minimum of five                   The starting salary will be competitive and commensurate
years of progressive experience in economic development                   with the background and qualifications of the successful
or a related field. Additional requirements include a                     candidate. A vehicle is included. The Coalition has a highly
bachelor’s degree in Business or Public Administration,                   competitive benefits program including a retirement plan,
Urban Planning, Economics, Marketing, Finance, or a                       health and life insurance, paid vacation and sick leave.
related field, or a relevant combination of education and                 Working conditions are outstanding.
experience. Status as a Certified Economic Developer
(CEcD) by the International Economic Development
Council (IEDC) is not required, but desirable.




                                                                                                                 Provided by Hays Daily News




Provided by Hays Daily News


    Application & Selection Process
      Qualified candidates please submit your resumé
               online by visiting our website at
    www.watersconsulting.com/recruitment
This position is open until filled; however, interested
applicants are strongly encouraged to apply not later than
March 7, 2011. Resumes will be screened against criteria
outlined in this brochure. Final interviews in Ellis County
will be offered to those candidates named as finalists,
with reference checks, background checks and academic
verifications conducted after receiving candidates’
permission. For more information please contact Jim Moore
at jmoore@watersconsulting.com, direct dial at, 214-466-
2434, or cell at 214-422-4170. Candidates may also call
our toll free number 877-356-2924 or visit our website at
www.watersconsulting.com.
The Ellis County Coalition for Economic Development is an Equal
Opportunity Employer and values diversity at all levels of its
workforce!

Applicants selected as finalists for this position will be subject
to a criminal history/credit/driver’s license check prior to the                   WATERS-OLDANI
interview. Under state legislation regarding access to public
records, information from your resume may be subject to public                     EXECUTIVE RECRUITMENT
disclosure.                                                                        A Division of The Waters Consulting Group, Inc.

                                                                     39
                      Ellis County Coalition for Economic Development 
                           Job Description for the Executive Director 
                                                 
      OVERVIEW 
 
      The Executive Director of the Ellis County Coalition for Economic Development is 
      responsible for leading the economic development initiatives and activities of Ellis 
      County and the surrounding areas.  Such initiatives include retention and expansion of 
      existing business; business recruitment; and fostering entrepreneurship. Additional 
      activities include, but are not limited to, marketing the county and surrounding area, 
      and cooperating with other similar regional and state organizations to promote 
      economic development in Western Kansas. 
 
      The Executive Director is responsible for implementation of an aggressive strategic plan 
      designed to strengthen the foundation of Ellis County and the surrounding area and 
      provide strategies for continued future growth. The Executive Director reports to and 
      serves at the pleasure of the Board of Directors. 
       
      SPECIFIC DUTIES AND RESPONSIBILITIES 
 
                     Manage the day‐to‐day business of the organization, which includes 
                      supervising staff, establishing and managing a budget in accordance 
                      with the Board of Directors, and administering the Coalition’s Strategic 
                      Plan. 
                       
                     Maintain close contact with local businesses to identify needs and 
                      barriers to success, and work to provide needed resources or provide 
                      referral to such resources.   
 
                     Continually assess community economic development assets and 
                      resources and develop strategies to utilize those assets and resources. 
       
                     Create, implement and revise a marketing plan as a recruitment tool for 
                      businesses and individuals. 
       
                     Serve as the Coalition’s liaison with economic development and 
                      community partners. 
       
                     Communicate progress and accomplishments to the Board and the 
                      community on a regular basis. 
       
                     Establish and maintain close contact with the City of Hays, Ellis County, 
                      and other public and private investors  to respond to needs and 
                      concerns, and assist the Board in generating additional funding. 
       
                     Other duties as assigned by the Board of Directors. 
       
REQUIRED KNOWLEDGE, SKILLS & ABILITIES 




                                             40
A Bachelor's Degree in Marketing, Economics, Business Administration or a related field and 
three to five years progressively responsible professional level experience in economic or 
community development, sales, business administration or closely related field.  
 
DESIRED CHARACTERISTICS & ATTRIBUTES 

The position of executive director requires strong communication and marketing skills. The 
ability to build productive relationships with businesses and partner organizations is critical. 
Other desired characteristics include: 
 

           Positive attitude 

           Personal integrity 

           Collaborative and inclusive 

           Team player 

           Creativity 

           Strong interpersonal and written communication ability 

           Community involvement 

 

 




                                                 41
42
                                   CITY OF HAYS
                               AGENDA ITEM COVER SHEET

          COMMISSION AGENDA ITEM NO. 8                 MEETING DATE: 03-10-11



TOPIC:

Airport Consultant Selection

ACTION REQUESTED:

Consider authorizing the City Manager to execute the master professional services
agreement with Burns and McDonnell.

NARRATIVE:

FAA requires that we enter an agreement with an engineering firm to provide professional
services for airport capital improvement projects. Staff has followed the FAA procedures for
the selection of engineering services and is recommending entering an agreement with Burns
and McDonnell Engineers. Projects to be covered under this agreement would be: Runway
16-34 rehabilitation and reconstruction, wildlife fence improvements, apron drainage
improvements, acquisition of a snow blower, and apron expansion.

PERSON/STAFF MEMBER(S) MAKING PRESENTATION:

Toby Dougherty, City Manager
Brenda Herrman, Director of Public Works

ADMINISTRATION RECOMMENDATION:

Staff recommends authorizing the City Manager to execute the agreement with BMcD.

COMMITTEE RECOMMENDATION(S):

The selection committee recommends BMcD as the most qualified firm to perform airport
engineering services.

ATTACHMENTS:

Staff Memo
Professional Services Agreement

PROJECTOR NEEDED FOR THIS ITEM? Yes



                                                                                FORM #002


                                               43
         Commission Work Session Agenda
                    Memo
From:                  John Braun, Assistant Director of Public Works

Meeting:               March 3, 2011

Subject:               Airport Consultant Selection

Person(s)              Toby Dougherty, City Manager
Responsible:           Brenda Herrman, Director of Public Works


                                       Summary
It is time to enter an agreement with an engineering firm to provide professional services
regarding the next five years of airport capital improvement projects. Staff has followed
the FAA procedures for the selection of engineering services and a selection committee
has recommended entering an agreement with Burns and McDonnell Engineers. Projects
to be covered under this agreement would be: Runway 16-34 rehabilitation and
reconstruction, wildlife fence improvements, apron drainage improvements, acquisition
of a snow blower, and apron expansion.


                                     Background
For the past five years, the City has used Burns and McDonnell Engineers (BMcD) as the
engineering consultant for airport projects. Those projects included reconstructing a
portion of the apron, installing enhanced pavement markings and surface painted hold
signs, building a new fire station at the airport, acquiring a new fire truck, and installing
taxiway lighting. The City did experience some problems with the design of the new
airport fire station; however, BMcD acknowledged the issues, corrected them at no
additional cost to the City, and have taken steps to reduce the possibility of problems in
the future.

Since those projects are for all practical purposes complete and the 5-year term of the
previous agreement is expired, a new agreement for professional services needs to be
negotiated. The FAA has a structured process for selecting engineering consultants to
provide technical services related to FAA funded projects. The process requires a
qualification based selection. Therefore; staff solicited qualifications from engineering
firms specializing in aviation. Four firms responded: Airport Development Group
(ADG), BMcD, Lochner (formerly BWR), and Olsson Associates.




                                             44
A selection committee, consisting of two city staff and three airport advisory committee
members, reviewed and rated each firm’s qualifications submittal according to the criteria
specified in the FAA regulations. Based on those ratings, and several calls to references,
the committee clearly and unanimously recommends entering a new professional service
agreement with BMcD.

                                      Discussion
The projects on the 5-year Airport Capital Improvement Program, and to be listed in the
scope of services for the agreement, include:
    Runway 16-34 rehabilitation/reconstruction – Design
    Runway 16-34 rehabilitation/reconstruction – Construction
    Wildlife fence improvements
    Apron Drainage Improvements
    Acquisition of Snow Blower
    Apron Expansion

The professional service agreement being considered is just the Master Agreement. The
scope of service and fee for each project will be negotiated independently as FAA
approves grant funding for each. Then a supplement to the agreement will be brought
forth for approval of the commission at the appropriate time.

The first project, which the FAA as already approved for funding, is the design for the
rehabilitation of Runway 16-34. Once the master service agreement has been executed,
BMcD will present a scope and fee proposal for that project. At the same time, a separate
and independent cost estimate will be completed. Both will be reviewed and approved by
FAA before coming back the City Commission for final approval.

                               Legal Consideration
There are no known legal obstacles to proceeding as recommended by staff.

                            Financial Consideration
There is no immediate cost associated with entering the master service agreement;
however, the price tag for the 5-year Airport Capital Improvement is over $14 million
dollars with a local share of over $700,000.

                                        Options
Option 1: Authorize the City Manager to execute the master professional services
agreement with Burns and McDonnell.
Option 2: Provide alternate direction

                                 Recommendation
The selection committee recommends authorizing the City Manager to execute the
agreement with BMcD. BMcD has provided quality airport engineering services to the
city over the last 5-years. As with any project, there are a multitude of things that can go




                                             45
wrong, and occasionally they do. BMcD claimed responsibility for their mistakes and
corrected them.

                               Action Requested
Consider authorizing the City Manager to execute the master professional services
agreement with Burns and McDonnell.

                         Supporting Documentation
Professional Services Agreement




                                          46
                          PROFESSIONAL SERVICES AGREEMENT
                                         Between
                                 The City of Hays, Kansas
                                           And
                        Burns & McDonnell Engineering Company, Inc.
                                   Kansas City, Missouri

This AGREEMENT is made as of ___________________, 2011, by and between City of Hays, Kansas
(hereinafter called OWNER) and Burns & McDonnell Engineering Company, Inc. (hereinafter called
ENGINEER).

OWNER from time to time requires professional services in connection with the planning, construction,
design, operation and maintenance of its facilities for Federal Aviation Administration (FAA) and non-FAA
sponsored Airport Improvement Projects (AIP). Therefore, OWNER and ENGINEER, in consideration of
their mutual covenants, agree as follows:

ENGINEER shall serve as OWNER'S professional engineer in those assignments to which this
AGREEMENT applies, and shall give consultation and advice to OWNER during the performance of
ENGINEER’S services.

SECTION 1 - AUTHORIZATION OF SERVICES

1.1    Services on any assignment shall be undertaken only upon written authorization of OWNER and
agreement of ENGINEER. The parties shall use the form of Task Order (Authorization) attached hereto
as Exhibit A.

1.2       Assignments may include, Basic Services or as Additional Services of ENGINEER.

1.2.1     Specific assignments as identified by the OWNER may include:
    •     Rehabilitation/Reconstruction of Runway 16-34
    •     Wildlife and Fencing Improvements
    •     Apron Drainage Improvements
    •     Acquisition of a Snow Blower
    •     North Apron Expansion
    •     Additional services required to complete projects as identified by the OWNER and as identified on
          the airport master plan documents.
      •   Other projects AIP or non-AIP eligible that may be required.


SECTION 2 - BASIC SERVICES OF ENGINEER

2.1      General. The Basic Services to be provided may include any of those tasks listed in this Section
2, as identified in the Task Order for a specific project.

2.1.1 Civil, structural, mechanical, electrical engineering services, architectural services, or other
consulting services identified in the Task Order(s).

2.1.2 Advise OWNER as to the necessity of OWNER providing or obtaining services or data from
others described in Paragraph 4.3, make recommendations as to the possible sources of such services,
and act as OWNER'S representative in connection with any such services.


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2.1.3 The ENGINEER shall perform services related to projects as authorized by the OWNER
consistent with those projects delineated and contained under SECTION 1 – AUTHORIZATION OF
SERVICES. However, nothing herein shall preclude the ENGINEER from providing the OWNER, upon
request, with additional services or extra work relative to and in connection with the specific projects listed
in SECTION 1 – AUTHORIZATION OF SERVICES.

2.2     Concept Development

2.2.1   Consult with OWNER to determine OWNER'S requirements for the Project and available data.

2.2.2 Provide special analyses of OWNER'S needs, planning surveys, site evaluations, and
comparative studies of prospective sites and solutions.

2.2.3 Provide general economic analyses of OWNER'S requirements applicable to various
alternatives.

2.2.4 Prepare a Concept Development Report summarizing studies performed in accomplishing
Paragraphs 2.2.2 and 2.2.3, including findings and recommendations for the Project, and furnish three
review copies of the Report to OWNER.

2.3     Schematic Design Services

2.3.1 On the basis of OWNER'S concurrence with recommendations of the Concept Development
Report, prepare schematic design documents indicating clearly the considerations involved and the
alternative solutions available to OWNER; the schematic design shall include schematic layouts,
sketches, and preliminary design criteria, and set forth ENGINEER'S recommendations and establish the
scope of the Project.

2.3.2   Prepare a preliminary cost opinion for the Project.

2.3.3   Furnish three copies of the above schematic documents and cost opinion.

2.3.4 Revise schematic design documents in response to OWNER’S and other parties’ comments, as
appropriate, and furnish three final copies of the revised schematic design documents to the OWNER.

2.4     Preliminary Design Services

2.4.1 On the basis of the approved schematic design documents, prepare preliminary design
documents consisting of final design criteria, preliminary drawings, and outline specifications.

2.4.2 Prepare a revised preliminary cost opinion for the Project based on the information contained in
the preliminary design documents.

2.4.3 Furnish three approval copies of the above preliminary design documents and revised cost
opinion.

2.5     Final Design Services

2.5.1 On the basis of the approved preliminary design documents, prepare for incorporation in the
Contract Documents detailed drawings to show the character and scope of the Work to be performed by
contractors on the Project (hereinafter called the "Contract Drawings"), and Invitation to Bid, Instructions
to Bidders, Bid Form, Agreement and Bond forms, General Conditions, and Specifications (all of which,
together with the Contract Drawings, are hereinafter called the "Bid Documents") for review and approval


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by OWNER, its legal counsel, and other advisors as appropriate, and assist OWNER in the preparation of
other related documents.

2.5.2 Provide technical criteria, written descriptions, and design data for OWNER’S use in filing
applications for permits from or approvals of governmental authorities having jurisdiction to review or
approve the final design of the Project and assist OWNER in consultations with appropriate authorities.

2.5.3 Advise OWNER of adjustments in excess of ten percent of the cost opinion for the Project caused
by changes in scope, design requirements, or construction costs and furnish a revised cost opinion for the
Project based on the final Bid Documents.

2.5.4   Furnish three approval copies of the final Bid Documents.

2.6     Bidding or Negotiating Services

2.6.1 Assist OWNER in obtaining and evaluating bids or negotiating proposals and preparing
construction contracts.

2.6.2 Consult with and advise OWNER as to the acceptability of subcontractors and other persons and
organizations proposed by the prime construction contractor(s) [hereinafter called "Contractor(s)"], for
those portions of the work as to which such acceptability is required by the Bid Documents.

2.6.3   Make recommendations regarding award of construction contracts.

2.7     Construction Phase Services

2.7.1 Consult with and advise OWNER and act as OWNER’S engineer as provided in ENGINEER'S
standard General Conditions for the Construction Contract. The extent and limitations of the duties,
responsibilities, and authority of ENGINEER as assigned in said General Conditions shall not be modified
without ENGINEER'S written consent.

2.7.2 Consult with and advise OWNER and act as OWNER'S engineer as may be provided in
OWNER'S construction contract conditions furnished pursuant to Paragraph 4.11 herein. The extent and
limitations of the duties, responsibilities, and authority of ENGINEER as may be assigned in said
construction contract conditions or in supplements prepared thereto shall not be modified without
ENGINEER'S written consent.

2.7.3 As OWNER'S engineer, ENGINEER shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions or programs, or for Contractor's failure to
perform construction work in accordance with the Contract Documents, all of which shall remain the sole
responsibility of the OWNER’S Contractor.

2.7.4 Review Contractor(s) schedules for Work progress, equipment and materials procurement,
submittals, and values for partial pay purposes, and project cash flow requirements.

2.7.5 Review and accept Submittals of Contractor(s) for conformance with the design concept and
intent of the Contract Documents.

2.7.6 Make visits to the Site at intervals appropriate to the stages of construction to (consult with and
advise ENGINEER'S Resident Project Representative, if any, and) observe the progress and quality of
the executed Work, and to determine, in general, if the Project is proceeding in accordance with the
Contract Documents. ENGINEER shall not be required to make exhaustive or continuous inspections to
check the quality or quantity of the Work.




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2.7.7 Issue all instructions of OWNER to Contractor(s); prepare routine Supplemental Instructions,
Change Orders and Construction Change Directives, as required; act as interpreter of the terms and
conditions of the Contract Documents and judge of the performance thereunder by the parties thereto,
and make decisions on claims of OWNER and Contractor(s) relating to the execution and progress of the
Work and other matters and questions related thereto; but ENGINEER shall not be liable for the results of
any such interpretations or decisions rendered by ENGINEER in good faith.

2.7.8 Review Contractor(s) applications for payment and supporting data, determine the amounts
owing to Contractor(s), and approve in writing all payments to Contractor(s) in accordance with the
Contract Documents.

2.7.9   Render periodic Work progress reports to OWNER.

2.7.10 Conduct an inspection to determine if the Project is substantially complete and a final inspection
to determine if the Project has been completed in general in accordance with the Contract Documents,
so that ENGINEER may approve, in writing, final payment to each Contractor.

2.8     Post-Construction Services

2.8.1 Provide qualified engineers during equipment start-up and instruct OWNER'S personnel in
equipment function and intended use.

2.8.2 Prepare a reproducible Record Set of drawings revised to show significant changes made during
construction of the Project in accordance with records provided by Contractor and ENGINEER'S Resident
Project Representative, if any.


SECTION 3 - ADDITIONAL SERVICES OF ENGINEER

3.1     General
If authorized in writing by OWNER and agreed to in writing by ENGINEER, ENGINEER shall furnish or
obtain from others Additional Services of the following types which are not considered normal or
customary Basic Services. The scope of Additional Services may include:

3.1.1 Grant and Loan Assistance
Prepare applications and supporting documents for governmental grants, loans, or advances.

3.1.2 Financial Consultation
Consult with OWNER'S fiscal agents and bond attorneys and provide such engineering data as required
for any bond prospectus or other financing requirements.

3.1.3 Property Procurement Assistance
Determine land and easement requirements and provide consultation and assistance on property
procurement as related to professional services being performed.

3.1.4 Administrative Assistance
Provide Contract and Project administration to the degree authorized by OWNER.

3.1.5 Obtaining Services of Others
Provide through subcontract the services or data set forth in Paragraph 4.3.

3.1.6   Furnishing renderings or models of the Project for OWNER'S use.




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3.1.7 Miscellaneous Studies
Investigations involving detailed consideration of operations, maintenance, and overhead expenses, and
the preparation of rate schedules, earnings, and expense statements; feasibility studies; appraisals and
valuations; detailed quantity surveys of material, equipment, and labor; and audits or inventories required
in connection with construction performed by OWNER.

3.1.8   Extraordinary Construction-Related Services

3.1.8.1 Additional or extended services during construction made necessary by a force majeure, act of
God, governmental action, severe weather, vandalism, terrorism, or other extraordinary event.

3.1.8.2 Consultation or other services after completion of the Construction Phase, such as frequent
inspections during any guarantee period and reporting observed discrepancies under guarantees called
for in any construction contract.

3.1.8.3 Preparing to serve or serving as a witness for OWNER in any litigation or other legal or
administrative proceeding involving the Project.

3.1.9   Preparation of an operating manual for use by OWNER.

3.1.10 Extra Services not specifically defined above that may be authorized by OWNER.

3.2     Resident Services During Construction

3.2.1 If requested by OWNER or recommended by ENGINEER and agreed to in writing by the other
party, a Resident Project Representative and assistants shall be furnished and shall act as directed by
ENGINEER in order to provide more extensive representation at the Project site during the Construction
Phase.

3.2.2 The Resident Project Representative, through more extensive on-site observations of the work in
progress, field checks of materials and equipment, and maintenance of jobsite records on conditions and
activities, shall assist ENGINEER in determining that the Project is proceeding in accordance with the
Contract Documents. However, the furnishing of such resident project representation shall not make
ENGINEER responsible for construction means, methods, techniques, sequences, or procedures, or for
safety precautions or programs, or for Contractor(s') failure to perform the construction work in
accordance with the Contract Documents.

3.3     Contingent Additional Services

3.3.1 If services described under Contingent Additional Services in Section 3.3 are required due to
circumstances beyond the ENGINEER’S control, the ENGINEER shall notify the OWNER prior to
commencing such services. If the OWNER deems that such services described in Section 3.3 are not
required, the OWNER shall give prompt written notice to the ENGINEER. If the OWNER indicates in
writing that all or part of such Contingent Additional Services are not required, the ENGINEER shall have
no obligation to provide those services.

3.3.2   Making revisions in Drawings, Specifications, or other documents when such revisions are:

3.3.2.1 inconsistent with approvals or instructions previously given by the OWNER, including revisions
made necessary by adjustments in the OWNER’S program or Project Budget.

3.3.2.2 required by the enactment or revision of codes, laws, or regulations subsequent to the preparation
of such documents.




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3.3.2.3 due to changes required as a result of the OWNER’S failure to render a decision in a timely
manner.

3.3.3 Providing services required because of significant changes in the Project including, but not limited
to, size, quality, complexity, the OWNER’S schedule, or the method of bidding or negotiating and
contracting for construction.

3.3.4 Preparing Drawings, Specifications, and other documentation and supporting data, evaluating
Contractor’s proposals, and providing other services in connection with Change Orders and Work Change
Directives.

3.3.5 Providing services in connection with evaluating substitutions proposed by the Contractor and
making subsequent revision to Drawings, Specifications, and other documentation resulting therefrom.

3.3.6 Providing consultation concerning replacement of Work damaged by fire or other cause during
construction, and furnishing services required in connection with the replacement of such Work.

3.3.7 Providing services made necessary by the default of the Contractor, by major defects or
deficiencies in the Work of the Contractor, or by failure of performance of either the OWNER or
Contractor under the Contract for Construction.

3.3.8 Providing services in evaluating an extensive number of claims submitted by the Contractor or
others in connection with the Work.

3.3.9 Prolonged construction administration more than sixty (60) days after substantial completion, or
acceleration of the work schedule involving services beyond normal working hours.

3.3.10 Preparing documents for alternate, separate, or sequential bids or providing services in
connection with bidding, negotiation, or construction prior to the completion of the Final Design Phase.


SECTION 4 - RESPONSIBILITIES OF OWNER

OWNER shall, within a reasonable time, so as not to delay the services of ENGINEER:

4.1     Provide full information as to OWNER’S requirements for the Project.

4.2    Assist ENGINEER by placing at ENGINEER’S disposal all available information pertinent to the
assignment including previous reports and any other data relative thereto.

4.3      Furnish engineering services or data, such as core borings, probings and subsurface
explorations; hydrographic surveys; laboratory tests and inspections of samples, materials, and
equipment; appropriate professional interpretations of all of the foregoing; property, boundary, easement,
right-of-way, topographic, and utility surveys; zoning and deed restrictions; and other special data or
consultations, all of which ENGINEER may rely upon in performing its services under this AGREEMENT.

4.4     Guarantee access to and make all provisions for ENGINEER to enter upon public and private
property as required for ENGINEER to perform its services under this AGREEMENT.

4.5     Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and
other documents presented by ENGINEER and render in writing decisions pertaining thereto.

4.6     Provide such professional legal, accounting, financial, and insurance counseling services as may
be required for the Project.


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4.7      Designate in writing a person to act as OWNER'S representative with respect to the services to
be performed under this AGREEMENT. Such person shall have complete authority to transmit
instructions; receive information; interpret and define OWNER'S policies and decisions with respect to
materials, equipment, elements, and systems to be used in the Project; and other matters pertinent to the
services covered by this AGREEMENT.

4.8    Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes
aware of any defect in the Project.

4.9     Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of the Project.

4.10     Furnish, or direct ENGINEER to provide necessary Additional Services as stipulated in Section 3
of this AGREEMENT or other services as required.

4.11    If ENGINEER'S standard bidding requirements, agreement forms, and General Conditions are
not to be used, but OWNER'S documents are to be used instead, OWNER shall provide copies of such
documents for ENGINEER'S use in coordinating the Contract Drawings and Specifications.


SECTION 5 - PERIOD OF SERVICE

5.1     This AGREEMENT will become effective upon the first written notice by OWNER authorizing
services hereunder.

5.2      This AGREEMENT shall be applicable to all assignments authorized by OWNER and accepted
by ENGINEER subsequent to the date of its execution. All assignments authorized prior to the execution
of this document, even if performed in whole or in part before the execution date, shall be governed by
the terms and conditions of this AGREEMENT.

5.3     The provisions of this AGREEMENT have been agreed to in anticipation of the orderly and
continuous progress of each task order through completion of the services stated in the AGREEMENT.
ENGINEER’S obligation to render services hereunder will extend for an initial period of twelve months
(hereinafter the “primary term”) and subject to renewal for four (4) additional and separate twelve (12)
month terms (hereinafter the "renewal term"). It is understood and agreed by the parties hereto that
renewal of this Agreement at the conclusion of the primary term shall be automatic unless this
AGREEMENT is otherwise terminated as herein provided.


SECTION 6 - COMPENSATION

6.1      Compensation. OWNER shall pay ENGINEER for services rendered and reimbursable expenses
as follows, or as stated in the Task Order(s):

6.1.1   Amount of Payment: Method A – Fixed Lump Sum Payment.
        For the Scope of Services described, the OWNER shall pay the ENGINEER the lump sum
        amount as stated in the written Task Order for the specific project. For additional, reduced, or
        changed scope of services, the amount of payment shall be adjusted on a mutually agreeable
        lump-sum basis. Or,

6.1.2   Amount of Payment: Method B – Cost Plus a Fixed Payment.
        For the Scope of Services described, the OWNER shall pay the ENGINEER the sum of the
        following:
        a.      Individual’s Hourly Rate, plus


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        b.       ENGINEER’s current Audited Overhead rate to cover general and administrative
                 expenses, and payroll burden (as applicable to the specific Task Order) for office
                 personnel, resident field personnel and contract labor.
        c.       A ten percent fixed payment of the sum of a. and b.
        d.       Direct hourly rate is determined by dividing each individual’s current annual base salary
                 by 2,088 hours per year. Overtime rate for nonexempt personnel shall be 1.5 times the
                 hourly rate. Exempt and nonexempt are as defined by the United States Fair Labor
                 Standards Act.

6.1.3 For outside expenses incurred by ENGINEER, such as authorized travel and subsistence,
commercial services, courier deliveries, and incidental expenses, the cost to ENGINEER.

6.1.4 For reproduction, printing, long distance telephone calls, fax services, vehicles, and testing
apparatus, amounts as determined from ENGINEER’s schedule of rates in effect at the time the service is
provided.

6.1.5 For services rendered by others as subcontractor(s) to ENGINEER, such as surveying, real
property descriptions, soil borings, subsurface investigations, laboratory testing, field quality control tests,
progress photographs, or other activities required or requested by OWNER, the cost to ENGINEER.

6.1.6 For time expended by outside individual professional service CONSULTANTs employed by the
ENGINEER in providing services to the OWNER, the cost to the ENGINEER. Expenses incurred by such
outside CONSULTANTs in service to the OWNER shall be reimbursable in accordance with
Subparagraph 6.1.3 above.

6.1.7 For expenses incurred by ENGINEER in providing resident field services such as vehicle lease or
rental, telephone services, miscellaneous resident office expenses, commercial services, field personnel
moving expenses to the field site location, per diem or mileage allowances for personnel assigned in the
field, authorized travel and subsistence expenses of personnel temporarily assigned from ENGINEER's
offices to the field, and other such items incidental to operating a field office, the cost to ENGINEER.

6.1.8 The total payment for the Scope of Services described in each Task Order shall not exceed as
stated in the written Task Order for the specific project without written approval of the OWNER.

6.2    Statements
Monthly statements, in ENGINEER'S standard format, will be submitted by the ENGINEER to the
OWNER.

6.2.1 Method A – Fixed Lump Sum Payment. Statements will be based on the ENGINEER'S estimated
percent of services completed at the end of the preceding month.

6.2.2 Method B – Cost Plus a Fixed Payment. Statements will be submitted for payment covering
services performed, costs and expenses incurred, and appropriate fee or markup (if applicable) during the
preceding month.

6.3     Payments
Statements are payable upon receipt. A late payment charge of 1.5 percent per month or any partial
month will be added to amounts not received within 30 days of the statement date. Time is of the
essence in payments of statements, and timely payment is a material part of the consideration of this
AGREEMENT. If a portion of ENGINEER'S statement is disputed by OWNER, the undisputed portion
shall be paid by OWNER by the due date. The OWNER shall advise the ENGINEER in writing of the
basis for any disputed portion of any statement.




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6.4     Taxes
Taxes, other than United States federal and state income taxes, and Kansas City, Missouri earnings tax,
as may be imposed by the United States, state, and local authorities, shall be in addition to the payment
stated under "Amount of Payment".


SECTION 7 - GENERAL CONSIDERATIONS

7.1     Insurance

7.1.1 During the course of performance of these services, ENGINEER will maintain (in United States
Dollars) the following minimum insurance coverages:

                Type of Coverage                Limits of Liability

                Workers' Compensation           Statutory
                Employers' Liability            $1,000,000 Each Accident

                Commercial General Liability
                     Bodily Injury and          $1,000,000 Combined Single Limit
                     Property Damage

                Automobile Liability:
                      Bodily Injury and         $1,000,000 Combined Single Limit
                      Property Damage

                Professional Liability:         $1,000,000 Per Claim and Annual Aggregate

If requested, ENGINEER will provide to OWNER certificates as evidence of the specified insurance.

7.1.2. Construction Contractors shall be required to provide (or OWNER may provide) Owners'
Protective Liability Insurance naming the OWNER as a Named Insured and the ENGINEER as an
additional insured, or, to endorse OWNER and ENGINEER using ISO Form GC 20 10 11 85
endorsement or its equivalent as Additional Insureds on all construction Contractors’ liability insurance
policies covering claims for personal injuries and property damage in at least the amount required of
ENGINEER in Section 7.1.1, above. Construction Contractors shall be required to provide certificates
evidencing such insurance to the OWNER and ENGINEER.

7.2     Professional Responsibility

7.2.1. ENGINEER shall perform the services in a manner consistent with the level of care and skill
ordinarily exercised by other membes of ENGINEER’s profession currently providing the same or similar
services in the same locale.

7.2.2 No warranty, express or implied, is included in this Agreement or regarding any drawing,
specification, or other work product or instrument of service or oral or written representation by
ENGINEER or its employees or consultants.

7.3     Cost Opinions and Projections
Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules,
operation and maintenance costs, equipment characteristics and performance, and operating results are
based on ENGINEER'S experience, qualifications, and judgment as a design professional. Since
ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor
productivity, construction Contractors’ procedures and methods, unavoidable delays, construction
Contractors' methods of determining prices, economic conditions, competitive bidding or market

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conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee
that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and
projections prepared by ENGINEER.

7.4     Changes
OWNER shall have the right to make changes within the general scope of ENGINEER'S services, with an
appropriate change in compensation and schedule, upon execution of a mutually acceptable amendment
or change order signed by an authorized representative of the OWNER and the President or any Vice
President of the ENGINEER.

7.5     Suspension of Services
Should OWNER fail to fulfill its responsibilities as provided under Section 4 to the extent that ENGINEER
is unduly hindered in ENGINEER’S services or if OWNER fails to make any payment to ENGINEER on
account of ENGINEER’S services and expenses within 90 days after receipt of ENGINEER'S bill therefor,
ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this
AGREEMENT until OWNER has satisfied OWNER’S obligations under this AGREEMENT.

7.6    Termination
Reference Section 7.20 Federal contract Provision per the FAA Airport Improvement Program.

7.7     Delays
In the event the services of the ENGINEER are suspended or delayed by the OWNER, the ENGINEER
shall be entitled to additional compensation for reasonable costs incurred by the ENGINEER in
temporarily closing down or delaying the Project and reassigning Project staff (including, but not limited
to, unavoidable down time and any termination expenses incurred where reassignment is not reasonably
possible) and in organizing Project files, records, and work in progress for suspension and later
resumption of the ENGINEER'S services.

7.8     Rights and Benefits
ENGINEER'S services will be performed solely for the benefit of the OWNER and not for the benefit of
any other persons or entities.

7.10    Dispute Resolution

7.10.1. Venue for resolution of disputes shall be in Ellis County District Court, Kansas. Each party hereto
agrees to waive trial by jury.

7.10.2 Waiver Upon Final Payment: The making of final payment by OWNER and the acceptance of
same by ENGINEER and ENGINEER’S subconsultants shall constitute a waiver of existing claims by the
OWNER and such payee except those previously made in writing and identified as unsettled by OWNER
at the time of payment, or by the payee at the time of such payee's final invoice. Final payment shall not
constitute a waiver of claims by the OWNER relating to liens unsettled, or subsequent discovery of
services not in compliance with this AGREEMENT.

7.11  The OWNER represents that it has sufficient funds or the means of obtaining funds to remit
payment to the ENGINEER for services rendered by the ENGINEER.

7.12    Publications
Recognizing the importance of professional development on the part of ENGINEER'S employees and the
importance of ENGINEER'S public relations, ENGINEER may prepare publications, such as technical
papers, articles for periodicals, and press releases, pertaining to ENGINEER'S services for the Project.
Such publications will be provided to OWNER in draft form for OWNER'S advance review. OWNER shall
review such drafts promptly and provide OWNER’S comments to ENGINEER. OWNER may require
deletion of proprietary data or confidential information from such publications, but otherwise OWNER will


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not unreasonably withhold approval. The cost of ENGINEER'S activities pertaining to any such
publication shall be for ENGINEER'S account.

7.13    Indemnification

7.13.1 Subject to the provisions of Sections 4 of this Agreement, ENGINEER agrees to indemnify
OWNER for damages, costs and expenses to the extent caused by the negligent acts, errors or
omissions of ENGINEER, its officers, directors, shareholders, employees, agents, and CONSULTANTs,
and any of them. Nothing in this Agreement shall require ENGINEER to provide a defense of the OWNER
against any claim, suit or complaint.

7.13.2 OWNER agrees that it will require all construction Contractors to indemnify, defend, and hold
harmless OWNER and ENGINEER from and against any and all loss where loss is caused or incurred or
alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault
of the Contractors, or their employees, agents, subcontractors, and suppliers.

7.14    Computer Models
ENGINEER may use or modify ENGINEER’S proprietary computer models in service of OWNER under
this AGREEMENT. Such use, modification, or development by ENGINEER does not constitute a license
to OWNER to use or modify ENGINEER’S computer models. Said proprietary computer models shall
remain the sole property of the ENGINEER. OWNER and ENGINEER will enter into a separate license
agreement if OWNER wishes to use ENGINEER'S computer models.

7.15    Documents
7.15.1 Upon payment in full to ENGINEER for all services rendered, the drawings, specifications, and
other documents prepared by the ENGINEER for the project shall become the property of the OWNER.
The ENGINEER shall be permitted to retain copies, including reproducible copies, of the ENGINEER's
drawings, specifications, and other documents.

7.15.2 All documents created for the project only are not intended or represented to be suitable for reuse
by OWNER or others on extensions of the project for which they were prepared or on any other project or
for the completion of the project by others.

7.16    Electronic Media
Any electronic media (computer disks, tapes, and similar items) furnished with respect to ENGINEER’S
services are for OWNER'S information and convenience only. Such media are not to be considered part
of ENGINEER’S instruments of service. (Due to the potential that information contained in electronic
media can be modified by OWNER or others, ENGINEER, at its option, may remove all indicia of
ENGINEER’S ownership and involvement from each electronic display.)

All electronic files that are transferred by ENGINEER to OWNER are instruments of service of the
ENGINEER created for the project only and NO REPRESENTATION OR WARRANTY IS MADE,
EITHER EXPRESS OR IMPLIED, CONCERNING THE MERCHANTABILITY OF THE FILES AND DATA
OR THEIR FITNESS FOR A PARTICULAR PURPOSE. Files in electronic media format of text, data,
graphics, or of other types that are furnished by ENGINEER to OWNER are only for the convenience of
OWNER and shall not be construed as containing original signatures and seals of the ENGINEER. Any
conclusion or information obtained or derived from such electronic files will be at the OWNER’S sole risk

If there is a discrepancy between the electronic media files and the signed and sealed hard copies, the
hard copies shall govern.




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7.17    Notices
Any Notice required under this AGREEMENT will be in writing, addressed to the appropriate party at the
following addresses:

OWNER’S address:
The City of Hays
c/o Ms. Brenda Herrman, Director of Public Works
1002 Vine Street
Hays, Kansas 67601

ENGINEER’S address:
Burns & McDonnell Engineering Company, Inc.
c/o David G. Hadel, P.E.
9400 Ward Parkway
Kansas City, Missouri 64114

7.18    Successor and Assigns
OWNER and ENGINEER each binds itself and its successors, executors, administrators, and assigns to
the other party of this AGREEMENT and to the successors, executors, administrators, and assigns of
such other party, in respect to all covenants of this AGREEMENT; except as above, neither OWNER nor
ENGINEER shall assign, sublet, or transfer its interest in the AGREEMENT without the written consent of
the other.

7.19   Controlling Law
This AGREEMENT shall be subject to, interpreted, and enforced according to the laws of the State of
Kansas without regard to any conflicts of law provisions

7.20    Federal Contract Provisions per the Federal Aviation Administration (FAA) Airport Improvement
Program within this section 7.20 herein, the term “CONSULTANT” shall apply to ENGINEER and
“SPONSOR” shall apply to OWNER. The following federal contract provisions will be adhered to as
practical for the duration of this AGREEMENT.

CIVIL RIGHTS ACT OF 1964, TITLE VI – CONSULTANT CONTRACTUAL REQUIREMENTS
During the performance of this contract, the CONSULTANT, for itself, its assignees and successors in
interest agrees as follows:

        1.1 Compliance with Regulations. The CONSULTANT shall comply with the Regulations
        relative to nondiscrimination in federally assisted programs of the Department of Transportation
        (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended
        from time to time (hereinafter referred to as the Regulations), which are herein incorporated by
        reference and made a part of this contract.

        1.2 Nondiscrimination. The CONSULTANT, with regard to the work performed by it during the
        contract, shall not discriminate on the grounds of race, color, or national origin in the selection
        and retention of subcontractors, including procurements of materials and leases of equipment.
        The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited
        by section 21.5 of the Regulations, including employment practices when the contract covers a
        program set forth in Appendix B of the Regulations.

        1.3 Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In
        all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work
        to be performed under a subcontract, including procurements of materials or leases of equipment,
        each potential subcontractor or supplier shall be notified by the CONSULTANT of the
        CONSULTANT's obligations under this contract and the Regulations relative to nondiscrimination
        on the grounds of race, color, or national origin.

CITY OF HAYS, KANSAS                                                                                02/22/11
                                                    12


                                                    58
        1.4 Information and Reports. The CONSULTANT shall provide all information and reports
        required by the Regulation or directives issued pursuant thereto and shall permit access to its
        books, records, accounts, other sources of information, and its facilities as may be determined by
        the SPONSOR or the Federal Aviation Administration (FAA) to be pertinent to ascertain
        compliance with such Regulations, orders, and instructions. Where any information required of a
        CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this
        information, the CONSULTANT shall so certify to the SPONSOR or the FAA, as appropriate, and
        shall set forth what efforts it has made to obtain the information.

        1.5 Sanctions for Noncompliance. In the event of the CONSULTANT's noncompliance with the
        nondiscrimination provisions of this contract, the SPONSOR shall impose such contract sanctions
        as it or the FAA may determine to be appropriate, including, but not limited to:

             a. Withholding of payments to the CONSULTANT under the contract until the CONSULTANT
                 complies, and/or
             b. Cancellation, termination, or suspension of the contract, in whole or in part.

        1.6 Incorporation of Provisions. The CONSULTANT shall include the provisions of paragraphs
        1 through 5 in every subcontract, including procurements of materials and leases of equipment,
        unless exempt by the Regulations or directives issued pursuant thereto. The CONSULTANT shall
        take such action with respect to any subcontract or procurement as the SPONSOR or the FAA
        may direct as a means of enforcing such provisions including sanctions for noncompliance.
        Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
        litigation with a subcontractor or supplier as a result of such direction, the CONSULTANT may
        request the SPONSOR to enter into such litigation to protect the interests of the SPONSOR and,
        in addition, the CONSULTANT may request the United States to enter into such litigation to
        protect the interests of the United States.

AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS
PROVISIONS
The CONSULTANT assures that it will comply with pertinent Federal statutes, Executive orders and such
rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national
origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting
from Federal assistance.

In the case of CONSULTANTs, this provision binds the CONSULTANTs from the bid solicitation period
through the completion of the contract. This provision is in addition to that required of Title VI of the Civil
Rights Act of 1964.

DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance (§26.13) - The CONSULTANT and their subcontractors shall not discriminate on
the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT
shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT
assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract or such other remedy, as the recipient
deems appropriate.

Prompt Payment (§26.29) - The CONSULTANT agrees to pay each subcontractor under this prime
contract for satisfactory performance of its contract no later than 30 days from the receipt of each
payment the CONSULTANT receives from OWNER. The CONSULTANT agrees further to return
retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily
completed. Any delay or postponement of payment from the above referenced time frame may occur only
for good cause following written approval of the OWNER. This clause applies to both DBE and non-DBE
subcontractors.

CITY OF HAYS, KANSAS                                                                                     02/22/11
                                                       13


                                                       59
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
(1) No Federal appropriated funds shall be paid, by or on behalf of the CONSULTANT, 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 the making
of any Federal grant and the amendment or modification of any Federal grant.

(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 any
Federal grant, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure of Lobby
Activities,” in accordance with its instructions.

ACCESS TO RECORDS AND REPORTS
The CONSULTANT shall maintain an acceptable cost accounting system. The CONSULTANT agrees to
provide the SPONSOR, the Federal Aviation Administration and the Comptroller General of the United
States or any of their duly authorized representatives access to any books, documents, papers, and
records of the CONSULTANT which are directly pertinent to the specific contract for the purpose of
making audit, examination, excerpts and transcriptions. The CONSULTANT agrees to maintain all books,
records and reports required under this contract for a period of not less than three years after final
payment is made and all pending matters are closed.

BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the CONSULTANT or their subcontractors
may result in the suspension or termination of this contract or such other action that may be necessary to
enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract
Documents and the rights and remedies available there under shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available by law.

RIGHTS TO INVENTIONS
All rights to inventions and materials generated under this contract are subject to regulations issued by
the FAA and the SPONSOR of the Federal grant under which this contract is executed.

TRADE RESTRICTION CLAUSE
The CONSULTANT or their subcontractors, by execution of a contract, certifies that it:

    a. Is not owned or controlled by one or more citizens of a foreign country included in the list
    of countries that discriminate against U.S. firms published by the Office of the United States
    Trade Representative (USTR);

    b. Has not knowingly entered into any contract or subcontract for this project with a person
    that is a citizen or national of a foreign country on said list, or is owned or controlled directly
    or indirectly by one or more citizens or nationals of a foreign country on said list;

    c. Has not procured any product nor subcontracted for the supply of any product for use on
    the project that is produced in a foreign country on said list.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49
CFR 30.17, no contract shall be awarded to a CONSULTANT or subcontractor who is unable to certify to
the above. If the CONSULTANT knowingly procures or subcontracts for the supply of any product or
service of a foreign country on said list for use on the project, the Federal Aviation Administration may
direct through the SPONSOR cancellation of the contract at no cost to the Government.




CITY OF HAYS, KANSAS                                                                                      02/22/11
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                                                       60
Further, the CONSULTANT agrees that it will incorporate this provision for certification without
modification in each contract and in all lower tier subcontracts. The CONSULTANT may rely on the
certification of a prospective subcontractor unless it has knowledge that the certification is erroneous.

The CONSULTANT shall provide immediate written notice to the SPONSOR if the CONSULTANT learns
that its certification or that of a subcontractor was erroneous when submitted or has become erroneous
by reason of changed circumstances. The subcontractor agrees to provide written notice to the
CONSULTANT if at any time it learns that its certification was erroneous by reason of changed
circumstances.

This certification is a material representation of fact upon which reliance was placed when making the
award. If it is later determined that the CONSULTANT or subcontractor knowingly rendered an erroneous
certification, the Federal Aviation Administration may direct through the SPONSOR cancellation of the
contract or subcontract for default at no cost to the Government.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the certification required by this provision. The knowledge and information
of a CONSULTANT is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.

This certification concerns a matter within the jurisdiction of an agency of the United States of America
and the making of a false, fictitious, or fraudulent certification may render the maker subject to
prosecution under Title 18, United States Code, Section 1001.

TERMINATION OF CONTRACT
   a. The SPONSOR may, by written notice, terminate this contract in whole or in part at any time, either
   for the SPONSOR's convenience or because of failure to fulfill the contract obligations. Upon receipt
   of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all
   materials as may have been accumulated in performing this contract, whether completed or in
   progress, delivered to the SPONSOR.

    b. If the termination is for the convenience of the SPONSOR, an equitable adjustment in the contract
    price shall be made, but no amount shall be allowed for anticipated profit on unperformed services.

    c. If the termination is due to failure to fulfill the CONSULTANT’s obligations, the SPONSOR may
    take over the work and prosecute the same to completion by contract or otherwise. In such case, the
    contractor shall be liable to the SPONSOR for any additional cost occasioned to the SPONSOR
    thereby.

    d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the
    CONSULTANT had not so failed, the termination shall be deemed to have been effected for the
    convenience of the SPONSOR. In such event, adjustment in the contract price shall be made as
    provided in paragraph 2 of this clause.

    e. The rights and remedies of the SPONSOR provided in this clause are in addition to any other rights
    and remedies provided by law or under this contract.

CERTIFICATION REGARDING DEBAREMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
The CONSULTANT certifies, by submission of this proposal or acceptance of this contract, that neither it
nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency. It further
agrees by acceptance of this contract that it will include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts, and subcontracts. Where the CONSULTANT or any
lower tier participant is unable to certify to this statement, it shall attach an explanation to this agreement.

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                                                       61
7.21     Entire Agreement
This AGREEMENT represents the entire AGREEMENT between the ENGINEER and OWNER relative to
the Scope of Services herein. All previous or contemporaneous agreements, representations, promises,
and conditions relating to ENGINEER'S services described herein are superseded. Since terms
contained in purchase orders do not generally apply to professional services, in the event OWNER issues
to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this AGREEMENT.
Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document
for the OWNER'S internal management of its operations.

IN WITNESS WHEREOF, the parties have made and executed this AGREEMENT as of the day and year
first above written.


OWNER: City of Hays, Kansas                         ENGINEER: Burns & McDonnell Engineering
                                                    Company, Inc.



By:                                                 By:

Name:     Toby Dougherty                            Name:     David G. Yeamans

Title:    City Manager                              Title:    President – A&F

                                                    By:

                                                    Name:     David G. Hadel, P.E.

                                                    Title:    Director of Aviation Services


             END OF AGREEEMENT FOR PROFESSIONAL ENGINEERING SERVICES

           REFERENCE EXHIBIT A (ATTACHED) FOR EXAMPLE TASK ORDER FORMAT




CITY OF HAYS, KANSAS                                                                            02/22/11
                                                  16


                                                  62
                                           EXHIBIT A
                                      AUTHORIZATION NO. ___

                          PROFESSIONAL ENGINEERING SERVICES
                                         FOR
                                “INSERT PROJECT NAME”
                              AT HAYS REGIONAL AIRPORT

                             Project No. _______________________

In accordance with SECTION 1 – AUTHORIZATION OF SERVICES of the Agreement for
Professional Engineering Services (the “AGREEMENT”), dated _____________________, by
and between THE CITY OF HAYS (SPONSOR/OWNER) and BURNS & McDONNELL
(ENGINEER/CONSULTANT), the following Airport Improvement Project (“AIP”) authorization is
hereby given and mutually agreed upon:

A. PROJECT NAME AND DESCRPTION OF IMPROVEMENTS:

B. DESCRIPTION OF SERVICES TO BE PERFORMED:

C. METHOD OF COMPENSATION:

D. AMOUNT OF COMPENSATION:

E. ESTIMATED TIME OF COMPLETION:

F. ENGINEERS’ NOTICE TO PROCEED DATE:

IN WITNESS WHEREOF, the parties hereto have caused this Authorization to be executed in
three (3) counterparts by their duly authorized representatives and made effective the day and
year first written above.

                  ----------------------------------oooOooo----------------------------------

City of Hays, Kansas                                   Burns & McDonnell Engineering Company, Inc.



By___________________________                          By___________________________
Toby Dougherty                                         David G. Hadel, P.E.
City Manager                                           Director of Aviation Services


ATTEST:



By___________________________
City Clerk

                            END OF AUTHORIZATION
                    FOR PROFESSIONAL ENGINEERING SERVICES




CITY OF HAYS, KANSAS                                                                                 02/22/11
                                                           1


                                                     63
64
                                     CITY OF HAYS
                              AGENDA ITEM COVER SHEET

            COMMISSION AGENDA ITEM NO. 9                   MEETING DATE: 3-10-11



TOPIC:

Special Assessment Proceedings

ACTION REQUESTED:

Approve Resolution No. 2011-006 providing for a Notice of Public Hearing for April 14, 2011
to consider proposed assessments to the public improvements for Tallgrass Addition Phase
IV, Golden Belt Estates 3rd Addition, Heart of America 1st Addition, and King's Gate 1st
Addition.

NARRATIVE:

Special assessments for four Special Improvement Districts within the City of Hays are ready
to be finalized and assessed to the property owners. To begin the Special Assessment
Proceedings a resolution must be approved setting a Public Hearing for April 14, 2011 to
consider the proposed assessments.

PERSON/STAFF MEMBER(S) MAKING PRESENTATION:

Toby Dougherty, City Manager
Kim Rupp, Finance Director

ADMINISTRATION RECOMMENDATION:

Approval

COMMITTEE RECOMMENDATION(S):

n/a

ATTACHMENTS:

Staff Memo
Resolution No. 2011-006
Notice of Public Hearing

PROJECTOR NEEDED FOR THIS ITEM? n/a



                                                                                FORM #002


                                               65
       Commission Work Session Agenda
                   Memo
From:                 Kim Rupp, Director of Finance

Meeting:              March 3, 2011

Subject:              Special Assessment Proceedings

Person(s)             Kim Rupp, Director of Finance
Responsible:


                                      Summary
Special assessments for four Special Improvement Districts within the City of Hays are
ready to be finalized and assessed to the property owners. To begin the Special
Assessment Proceedings a resolution must be approved setting a Public Hearing for April
14, 2011 to consider the proposed assessments.

                                    Background
The statement of final costs for each of the four districts is summarized below as
prepared by Bond Counsel, Gina Riekhof with Gilmore and Bell.


                    TALLGRASS ADDITION PHASE IV –
               STORM SEWER, PAVING/CURBING & GUTTERING

                             RESOLUTION NO. 2010-005

            ENGINEERING                                            $52,435.10
            CONSTRUCTION                                           273,793.76
            COSTS OF ISSUANCE                                        4,683.68
                 TOTAL                                            $330,912.54

                    City Share                                      $6,380.84
                    Amount to be Assessed                         $324,531.69




                                            66
            TALLGRASS ADDITION PHASE IV –
             WATER AND SANITARY SEWER

                 RESOLUTION NO. 2010-004


ENGINEERING                                    $25,064.90
CONSTRUCTION                                    130,878.25
COSTS OF ISSUANCE                                 1,567.22
LESS    UP-FRONT       PAYMENT       BY        (46,782.95)
DEVELOPER
     TOTAL                                     $110,727.42

     City Share                                 $1,590.83
     Amount to be Assessed                    $109,136.59


      GOLDEN BELT ESTATES THIRD ADDITION –
  WATER, SANITARY SEWER, STORM SEWER & STREETS

                 RESOLUTION NO. 2008-011

   ENGINEERING                                $29,000
   CONSTRUCTION                             369,595.25
   COSTS OF ISSUANCE                          5,722.67
        TOTAL                              $404,317.92

        City Share                               $0.00
        Amount to be Assessed              $404,317.92


        HEART OF AMERICA FIRST ADDITION –
  WATER, SANITARY SEWER, STORM SEWER & STREETS

                 RESOLUTION NO. 2009-014

   ENGINEERING                              $18,600.00
   CONSTRUCTION                             301,458.15
   COSTS OF ISSUANCE                            595.09
        TOTAL                              $320,653.24

        City Share                         $130,722.00
        Amount to be Assessed              $189,931.24




                                67
                    KING’S GATE FIRST ADDITION –
           WATER, SANITARY SEWER, STORM SEWER & STREETS

                             RESOLUTION NO. 2010-016

       ENGINEERING                                                     $38,900.00
       CONSTRUCTION                                                    494,869.19
       COSTS OF ISSUANCE                                                 5,568.31
       LESS    UP-FRONT             PAYMENT         BY               (157,593.99)
       DEVELOPER
            TOTAL                                                    $373,199.40

               City Share                                              $8,544.11
               Amount to be Assessed                                 $381,743.51


                                     Discussion
This resolution providing for the notice of public hearing is the first step in properly
assessing the improvements to these four areas. As we continue we will also be requiring
an ordinance and then approval of the entire bond process as state statute requires these
costs to be bonded. The Tallgrass Addition Phase IV was split into two sections. The
street and storm sewer construction will be assessed for ten years given the developer
petitioned for a 100% assessment of costs for this improvement. The water and sanitary
sewer construction will be assessed for fifteen years as the developer petitioned and paid
for 30% of those costs. The assessment on both sections will be split among the 19 lots
equally. Golden Belt Estates Third Addition will be a fifteen year assessment split
equally among 18 lots. Heart of America First Addition is one lot and will be assessed
for fifteen years. Finally, King’s Gate First Addition will be assessed for fifteen years
with costs shared equally among the 29 lots.

                              Legal Consideration
Bond Counsel for the City has approved all documents and proceedings and there are no
known legal obstacles to proceeding as recommended by staff.

                           Financial Consideration
All costs for the improvements to these developments along with the legal fees and costs
of issuance will be included in the assessment to the property owners. There are no
financial or budgetary considerations for the City other than those identified as “City
Share” in the statement of final costs above.




                                           68
                                      Options
Option 1: The City Commission can approve the requested resolution calling for a public
hearing to be held on April 14, 2011 with respect to the proposed assessments.

Option 2: The City Commission can decline the resolution and provide alternate guidance
to staff.

                                Recommendation
City staff recommends approving the resolution providing for a notice of public hearing
to consider the proposed special assessments as listed above.

                                Action Requested
Approval of Resolution XXXX-XXX a resolution providing for a notice of public
hearing to be held on April 14, 2011 to consider proposed special assessments.

                           Supporting Documentation
Resolution XXXX-XXX
Notice of Public Hearing
Assessment Role




                                           69
                                       RESOLUTION NO. 2011-006


         RESOLUTION PROVIDING NOTICE OF A PUBLIC HEARING TO CONSIDER
         PROPOSED ASSESSMENTS AS TO THE PUBLIC IMPROVEMENTS FOR:
         TALLGRASS ADDITION PHASE IV (STREET AND STORM SEWER);
         TALLGRASS ADDITION PHASE IV (WATER AND SANITARY SEWER);
         GOLDEN BELT ESTATES THIRD ADDITION (WATER, SANITARY SEWER,
         STORM SEWER AND STREETS); HEART OF AMERICA FIRST ADDITION
         (WATER, SANITARY SEWER, STORM SEWER AND STREETS); AND KING’S
         GATE FIRST ADDITION (WATER, SANITARY SEWER, STORM SEWER AND
         STREETS).

         WHEREAS, the City of Hays, Kansas (the “City”) has previously authorized certain internal
improvements (the “Improvements”) to be constructed pursuant to K.S.A. 12-6a01 et seq. (the “Act”); and

         WHEREAS, the total final costs of such Improvements has been determined and a Statement of Final
Costs for each project is on file with the City Clerk; and

         WHEREAS, the Assessment Roll for each of such Improvements has been determined and is on file with
the City Clerk; and

         WHEREAS, the governing body desires to call a public hearing with respect to the proposed assessments.

         NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Hays, Kansas:

        Section 1.        A public hearing shall be conducted by the Governing Body of the City of Hays,
Kansas, at the City Commission Meeting Room, 1507 Main Street, Hays, Kansas, on April 14, 2011 at
6:30 p.m., to consider proposed assessments as to the Improvements described in the notice of public
hearing attached hereto as Exhibit A, the total costs of which have been determined. The proposed
assessments rolls have been or will be placed on file with the office of the City Clerk and open for public
inspection, all in accordance with K.S.A. 12-6a09, as amended.

        Section 2.       The City Clerk is hereby directed to provide notice of the public hearing (in the
form attached hereto as Exhibit A) by publication at least once, not less than 10 days prior to such
hearing, and to further mail to the owners of the property proposed to be made liability for these
assessments at their last known post office address, a notice of the hearing and a statement of the costs
proposed to be assessed against the land owned and assessed.

        PASSED AND RESOLVED by the Governing Body of the City of Hays, Kansas, on this 10th
day of March, 2011.


                                                            _________________________________
                                                            BARBARA K. WASINGER
                                                            Mayor
[SEAL]


_______________________________
DORIS WING
City Clerk




                                                       70
       EXHIBIT A

NOTICE OF PUBLIC HEARING




           71
                             (Published in the Hays Daily News, on March 15, 2011)

                                       NOTICE OF PUBLIC HEARING

TO: RESIDENTS OF THE CITY OF HAYS, KANSAS

         You and each of you are hereby notified that the governing body of the City of Hays, Kansas (the “City”)
will meet for the purpose of holding a public hearing, as provided by K.S.A. 12-6a01 et seq., at City Hall, 1507
Main Street, on April 14, 2011 at 6:30 p.m.. Said public hearing is for the purpose of hearing any and all oral or
written objections to proposed assessments in connection with the following described improvements:

        TALLGRASS ADDITION PHASE IV – Storm Sewer, Paving/Curbing & Guttering

                 Resolution No. 2010-005
                 The installation of storm sewers along, and the grading, paving, curbing and guttering of, Tallgrass
                 Drive and Limestone Court all in the Tallgrass Addition; and

                 Property Description:
                 Lots 9 and 10, Block A, Lots 20 through 36, Block B, Tallgrass Addition to City of Hays,
                 Ellis County, Kansas.

                 Cost of Improvements:
                 $330,912.54. 98.072% ($324,531.69) to be assessed against the Improvement District and 1.928%
                 ($6,380.53) to be paid by the City-at-large

        TALLGRASS ADDITION PHASE IV – Water and Sanitary Sewer

                 Resolution No. 2010-004
                 The installation of water lines and sanitary sewer lines in the Tallgrass Addition, in approximately
                 the locations shown on the map presented to the City Commission on February 11, 2010; and

                 Property Description:
                 Lots 9 and 10, Block A, Lots 20 through 36, Block B, Tallgrass Addition to City of Hays,
                 Ellis County, Kansas.

                 Cost of Improvements:
                 $110,727.42. 98.990% ($109,136.59) to be assessed against the Improvement District and 1.010%
                 ($1,590.83) to be paid by the City-at-large.

        GOLDEN BELT ESTATES THIRD ADDITION – Water, Sanitary Sewer, Storm Sewer & Streets

                 Resolution No. 2008-011
                 The installation of water lines, sanitary sewer lines, and storm sewers along, and the grading,
                 paving, curbing and guttering of Vista Drive, all in the plat of Golden Belt Estates 3rd Addition;
                 and

                 Property Description:
                 Lot 1 through Lot 18, Block 1, Golden Belt Estates 3rd Addition to City of Hays, Ellis
                 County, Kansas.




                                                        72
                 Cost of Improvements:
                 $404,317.92.   100% to be assessed against the Improvement District and 0% to be paid by the
                 City-at-large

         HEART OF AMERICA FIRST ADDITION – Water, Sanitary Sewer, Storm Sewer & Streets

                 Resolution No. 2009-014
                 The curb, guttering, paving, grading and drainage for approximately 480 lineal feet of 9th Street,
                 east of Commerce Parkway; the installation of storm sewer, inlets and all appurtenances thereto;
                 the installation of approximately 532 lineal feet of eight-ich water main and all appurtenances
                 thereto; and the installation of approximately 438 lineal feet of eight-inch sanitary sewer main,
                 service connections for sewer lines, manholes and all appurtenances thereto; and

                 Property Description:
                 Lot 1, Heart of America First Addition to the City of Hays, Ellis County, Kansas.

                 Cost of Improvements:
                 $320,653.24.    59.233% ($189,931.24) to be assessed against the Improvement District and
                 40.767% ($130,722.00) to be paid by the City-at-large

        KING’S GATE FIRST ADDITION – Water, Sanitary Sewer, Storm Sewer & Streets

                 Resolution No. 2010-016
                 The installation of water lines, sanitary sewer lines, and storm sewers along, and the grading,
                 paving, curbing and guttering of Covenant Drive, all in the Replat of King’s Gate First Addition.

                 Property Description:
                 Lots 1 through 16, Block 1; Lots 1 through 13, Block 2, all in the Replat of King’s Gate
                 First Addition to the City of Hays, Ellis County, Kansas.

                 Cost of Improvements:
                 $381,743.51.    98.416% ($373,199.40) to be assessed against the Improvement District and
                 1.584% ($8,544.11) to be paid by the City-at-large.

         An Assessment Roll prepared in accordance with the referenced Resolutions approved by the governing
body is on file in the Office of the City Clerk and may be examined by any interested party. At the conclusion of the
public hearing, the governing body will consider an Ordinance levying such special assessments.

        DATED March 10, 2011.

                                                                                      /s/Doris Wing, City Clerk




                                                        73
                             ASSESSMENT ROLL CERTIFICATION


        The undersigned having been designated by the City of Hays, Kansas (the “City”), to determine
the amounts of the respective assessments and to prepare the proposed Assessment Roll herefore in
connection with certain internal improvements heretofore authorized by the governing body hereby
reports that each and all of said respective assessments have been determined to be as shown on the
Schedule attached hereto and made a part hereof by reference as though fully set out herein.

       Dated March 10, 2011.

                                              CITY OF HAYS, KANSAS




                                              By: John Braun, Assistant Director of Public Works




                                                 74
                                        SCHEDULE I

                                   ASSESSMENT ROLL

                       TALLGRASS ADDITION PHASE IV –
                  STORM SEWER, PAVING/CURBING & GUTTERING

                               RESOLUTION NO. 2010-005

                          Description of Property                                 Amount of Proposed
                                                                                     Assessment
Lot 9, Block A, in the Tallgrass Addition to the City of Hays,    Ellis County,             $17,080.62
Kansas.
Lot 10, Block A, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.
Lot 20, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.
Lot 21, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.
Lot 22, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.
Lot 23, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.
Lot 24, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.
Lot 25, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.
Lot 26, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.
Lot 27, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.
Lot 28, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.
Lot 29, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.
Lot 30, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.
Lot 31, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.
Lot 32, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.
Lot 33, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.
Lot 34, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.
Lot 35, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.
Lot 36, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,              17,080.62
Kansas.


                                     Schedule I – Page 1

                                             75
                                               TOTAL ASSESSMENTS =                         $324,531.69
                                              CITY-AT-LARGE SHARE =                           6,380.84
                                                       TOTAL COST =                        $330,912.54


                          TALLGRASS ADDITION PHASE IV –
                           WATER AND SANITARY SEWER

                               RESOLUTION NO. 2010-004

                          Description of Property                                 Amount of Proposed
                                                                                     Assessment
Lot 9, Block A, in the Tallgrass Addition to the City of Hays,    Ellis County,              $5,744.03
Kansas.
Lot 10, Block A, in the Tallgrass Addition to the City of Hays,   Ellis County,               5,744.03
Kansas.
Lot 20, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,               5,744.03
Kansas.
Lot 21, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,               5,744.03
Kansas.
Lot 22, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,               5,744.03
Kansas.
Lot 23, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,               5,744.03
Kansas.
Lot 24, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,               5,744.03
Kansas.
Lot 25, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,               5,744.03
Kansas.
Lot 26, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,               5,744.03
Kansas.
Lot 27, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,               5,744.03
Kansas.
Lot 28, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,               5,744.03
Kansas.
Lot 29, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,               5,744.03
Kansas.
Lot 30, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,               5,744.03
Kansas.
Lot 31, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,               5,744.03
Kansas.
Lot 32, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,               5,744.03
Kansas.
Lot 33, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,               5,744.03
Kansas.
Lot 34, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,               5,744.03
Kansas.
Lot 35, Block B, in the Tallgrass Addition to the City of Hays,   Ellis County,               5,744.03
Kansas.



                                     Schedule I – Page 2

                                             76
Lot 36, Block B, in the Tallgrass Addition to the City of Hays, Ellis County,                 5,744.03
Kansas.
                                                 TOTAL ASSESSMENTS =                       $109,136.59
                                               CITY-AT-LARGE SHARE =                          1,590.83
                                                           TOTAL COST =                    $110,727.42


                  GOLDEN BELT ESTATES THIRD ADDITION –
              WATER, SANITARY SEWER, STORM SEWER & STREETS

                                RESOLUTION NO. 2008-011

                       Description of Property                                  Amount of Proposed
                                                                                   Assessment
Lot 1, Block 1, in the Golden Belt Estates 3rd Addition to    the City of                   $22,462.11
Hays, Ellis County, Kansas.
Lot 2, Block 1, in the Golden Belt Estates 3rd Addition to    the City of                    22,462.11
Hays, Ellis County, Kansas.
Lot 3, Block 1, in the Golden Belt Estates 3rd Addition to    the City of                    22,462.11
Hays, Ellis County, Kansas.
Lot 4, Block 1, in the Golden Belt Estates 3rd Addition to    the City of                    22,462.11
Hays, Ellis County, Kansas.
Lot 5, Block 1, in the Golden Belt Estates 3rd Addition to    the City of                    22,462.11
Hays, Ellis County, Kansas.
Lot 6, Block 1, in the Golden Belt Estates 3rd Addition to    the City of                    22,462.11
Hays, Ellis County, Kansas.
Lot 7, Block 1, in the Golden Belt Estates 3rd Addition to    the City of                    22,462.11
Hays, Ellis County, Kansas.
Lot 8, Block 1, in the Golden Belt Estates 3rd Addition to    the City of                    22,462.11
Hays, Ellis County, Kansas.
Lot 9, Block 1, in the Golden Belt Estates 3rd Addition to    the City of                    22,462.11
Hays, Ellis County, Kansas.
Lot 10, Block 1, in the Golden Belt Estates 3rd Addition to   the City of                    22,462.11
Hays, Ellis County, Kansas.
Lot 11, Block 1, in the Golden Belt Estates 3rd Addition to   the City of                    22,462.11
Hays, Ellis County, Kansas.
Lot 12, Block 1, in the Golden Belt Estates 3rd Addition to   the City of                    22,462.11
Hays, Ellis County, Kansas.
Lot 13, Block 1, in the Golden Belt Estates 3rd Addition to   the City of                    22,462.11
Hays, Ellis County, Kansas.
Lot 14, Block 1, in the Golden Belt Estates 3rd Addition to   the City of                    22,462.11
Hays, Ellis County, Kansas.
Lot 15, Block 1, in the Golden Belt Estates 3rd Addition to   the City of                    22,462.11
Hays, Ellis County, Kansas.
Lot 16, Block 1, in the Golden Belt Estates 3rd Addition to   the City of                    22,462.11
Hays, Ellis County, Kansas.
Lot 17, Block 1, in the Golden Belt Estates 3rd Addition to   the City of                    22,462.11
Hays, Ellis County, Kansas.



                                     Schedule I – Page 3

                                              77
Lot 18, Block 1, in the Golden Belt Estates 3rd Addition to the City of                     22,462.11
Hays, Ellis County, Kansas.
                                           TOTAL ASSESSMENTS =                            $404,317.92
                                         CITY-AT-LARGE SHARE =                                   0.00
                                                      TOTAL COST =                        $404,317.92


                     HEART OF AMERICA FIRST ADDITION –
               WATER, SANITARY SEWER, STORM SEWER & STREETS

                                   RESOLUTION NO. 2009-014

                        Description of Property                                Amount of Proposed
                                                                                  Assessment
Lot 1, Heart of America First Addition to the City of Hays, Ellis County,                 $189,931.24
Kansas.
                                             TOTAL ASSESSMENTS =                          $189,931.24
                                           CITY-AT-LARGE SHARE =                           130,722.00
                                                       TOTAL COST =                       $320,653.24


                        KING’S GATE FIRST ADDITION –
               WATER, SANITARY SEWER, STORM SEWER & STREETS

                                   RESOLUTION NO. 2010-016

                        Description of Property                                Amount of Proposed
                                                                                  Assessment
Lot 1, Block 1, in the Replat   of King’s Gate First Addition to the City of               $12,868.94
Hays, Ellis County, Kansas.
Lot 2, Block 1, in the Replat   of King’s Gate First Addition to the City of                12,868.94
Hays, Ellis County, Kansas.
Lot 3, Block 1, in the Replat   of King’s Gate First Addition to the City of                12,868.94
Hays, Ellis County, Kansas.
Lot 4, Block 1, in the Replat   of King’s Gate First Addition to the City of                12,868.94
Hays, Ellis County, Kansas.
Lot 5, Block 1, in the Replat   of King’s Gate First Addition to the City of                12,868.94
Hays, Ellis County, Kansas.
Lot 6, Block 1, in the Replat   of King’s Gate First Addition to the City of                12,868.94
Hays, Ellis County, Kansas.
Lot 7, Block 1, in the Replat   of King’s Gate First Addition to the City of                12,868.94
Hays, Ellis County, Kansas.
Lot 8, Block 1, in the Replat   of King’s Gate First Addition to the City of                12,868.94
Hays, Ellis County, Kansas.
Lot 9, Block 1, in the Replat   of King’s Gate First Addition to the City of                12,868.94
Hays, Ellis County, Kansas.




                                        Schedule I – Page 4

                                                 78
Lot 10, Block 1, in the Replat of King’s Gate First Addition to the City of     12,868.94
Hays, Ellis County, Kansas.
Lot 11, Block 1, in the Replat of King’s Gate First Addition to the City of     12,868.94
Hays, Ellis County, Kansas.
Lot 12, Block 1, in the Replat of King’s Gate First Addition to the City of     12,868.94
Hays, Ellis County, Kansas.
Lot 13, Block 1, in the Replat of King’s Gate First Addition to the City of     12,868.94
Hays, Ellis County, Kansas.
Lot 14, Block 1, in the Replat of King’s Gate First Addition to the City of     12,868.94
Hays, Ellis County, Kansas.
Lot 15, Block 1, in the Replat of King’s Gate First Addition to the City of     12,868.94
Hays, Ellis County, Kansas.
Lot 16, Block 1, in the Replat of King’s Gate First Addition to the City of     12,868.94
Hays, Ellis County, Kansas.
Lot 1, Block 2, in the Replat of King’s Gate First Addition to the City of      12,868.94
Hays, Ellis County, Kansas.
Lot 2, Block 2, in the Replat of King’s Gate First Addition to the City of      12,868.94
Hays, Ellis County, Kansas.
Lot 3, Block 2, in the Replat of King’s Gate First Addition to the City of      12,868.94
Hays, Ellis County, Kansas.
Lot 4, Block 2, in the Replat of King’s Gate First Addition to the City of      12,868.94
Hays, Ellis County, Kansas.
Lot 5, Block 2, in the Replat of King’s Gate First Addition to the City of      12,868.94
Hays, Ellis County, Kansas.
Lot 6, Block 2, in the Replat of King’s Gate First Addition to the City of      12,868.94
Hays, Ellis County, Kansas.
Lot 7, Block 2, in the Replat of King’s Gate First Addition to the City of      12,868.94
Hays, Ellis County, Kansas.
Lot 8, Block 2, in the Replat of King’s Gate First Addition to the City of      12,868.94
Hays, Ellis County, Kansas.
Lot 9, Block 2, in the Replat of King’s Gate First Addition to the City of      12,868.94
Hays, Ellis County, Kansas.
Lot 10, Block 2, in the Replat of King’s Gate First Addition to the City of     12,868.94
Hays, Ellis County, Kansas.
Lot 11, Block 2, in the Replat of King’s Gate First Addition to the City of     12,868.94
Hays, Ellis County, Kansas.
Lot 12, Block 2, in the Replat of King’s Gate First Addition to the City of     12,868.94
Hays, Ellis County, Kansas.
Lot 13, Block 2, in the Replat of King’s Gate First Addition to the City of     12,868.94
Hays, Ellis County, Kansas.
                                             TOTAL ASSESSMENTS =              $373,199.40
                                           CITY-AT-LARGE SHARE =                 8,544.11
                                                        TOTAL COST =          $381,743.51




                                       Schedule I – Page 5

                                                79
80
                                      CITY OF HAYS
                               AGENDA ITEM COVER SHEET

            COMMISSION AGENDA ITEM NO. 10                     MEETING DATE: 3-10-11



TOPIC:

Revision to the Comprehensive Financial Management Policy

ACTION REQUESTED:

Approve a revision to the Comprehensive Financial Management Policy removing the
requirement to request an RFP for auditing services every five years allowing for it on an "as
needed" basis.

NARRATIVE:

Currently the Comprehensive Financial Management Policy stipulates that the City will select
a firm for auditing services through an RFP process every five years. This requirement was
included in the policy based on the recommendation of best practices by the Government
Finance Officers Association. However, this has proven to be counter productive to the true
intent of the policy. Based on direction from the City Commission, City staff removed the
language requiring the RFP every five years.

PERSON/STAFF MEMBER(S) MAKING PRESENTATION:

Toby Dougherty, City Manager
Kim Rupp, Finance Director

ADMINISTRATION RECOMMENDATION:

Approval

COMMITTEE RECOMMENDATION(S):

n/a

ATTACHMENTS:

Comprehensive Financial Management Policy

PROJECTOR NEEDED FOR THIS ITEM? n/a




                                                                                  FORM #002


                                                 81
                                    Policy VIII
                 Accounting, Auditing and Financial Reporting

Accounting and financial reporting provide the informational infrastructure for the
City. Credit rating agencies consider reporting based on Generally Accepted
Accounting Principles (GAAP) a credit strength.

8.01 The City will comply with Generally Accepted Accounting Principles (GAAP)
and Governmental Accounting Standards Board (GASB) pronouncements as
applicable in its accounting processes and reporting, as contained in the following
publications:

   a) Codification of Governmental Accounting and Financial Reporting
      Standards, issued by the Governmental Accounting Standard Board
      (GASB).

   b) Pronouncements of the Financial Accounting Standards Board,
      (FASB).

   c) Governmental Accounting, Auditing, and Financial Reporting
      (GAAFR), issued by the Government Finance Officers Association
      (GFOA) of the United States and Canada.

   d) Audits of State and Local Governmental Units, an industry audit
      guide published by the American Institute of Certified Public
      Accounts (AICPA).

   e) Government Accounting Standards, issued by the Controller General
      of the United States.

8.02 Monthly financial data will be made available electronically through the
City’s online accounting system to all department administrators allowing them to
summarize financial activity and compare actual revenues and expenditures with
budgeted amounts.

8.03 A comprehensive financial audit, including an audit of federal grants
according to the U.S. Office of Management and Budget Circular A-133, will be
performed annually by an independent public accounting firm. The independent
public accounting firm will express an opinion on the City’s Financial Statements.
The firm will be selected by the City through a Request for Proposals process for
audit services every five (5) years or on an as needed basis.

8.04 The City will prepare its comprehensive annual financial report in compliance
with the principles and guidelines established by the Government Finance Officers
Association’s Certificate of Achievement for Excellence in Financial Reporting
Program.



                                   Page 19 of 25

                                        82
8.05 Full disclosure will be provided in the City’s annual audit and budget
reports and bond documents.

8.06 The City will provide annual disclosure to the rating agencies and national
bond disclosure libraries.

8.07 A system of internal accounting controls will be maintained to adequately
safeguard assets and provide reasonable assurance of proper recording of
financial transactions of the City.

8.08 The City’s annual audit, budget, and monthly report of the Finance
Director will be made available electronically through the City website for
viewing by the general public.




                                   Page 20 of 25

                                        83
CITY OF HAYS                                                                                                 POLICY MANUAL

                SUBJECT                                     ISSUED BY                   EFFECTIVE DATE                  REVISION DATE

 COMPREHENSIVE FINANCIAL                              City Commission                        12-22-05                        3-10-11
   MANAGEMENT POLICY




                                            Table of Contents

    Policy I.      Fund Balance and Reserves ............................................................................. 2
    Policy II.     Budgeting ......................................................................................................... 3
    Policy III.    Revenues .......................................................................................................... 6
    Policy IV.     Capital Improvement Program and Fixed Assets .............................................. 7
    Policy V.      Debt Management ............................................................................................. 9
    Policy VI.     Cash Management and Investments............................................................... 14
    Policy VII.    Enterprise Fund Management ......................................................................... 18
    Policy VIII.   Accounting, Auditing, and Financial Reporting................................................ 19
    Policy IX.     Risk Management............................................................................................ 21
    Policy X.      Procurement .................................................................................................... 22
    Policy XI.     Intergovernmental Revenues .......................................................................... 23
    Policy XII.    Economic Development................................................................................... 24
    Policy XIII.   Policy Review .................................................................................................. 25




                                                               84
                City of Hays, KS
    Comprehensive Financial Management Policy
                                    PURPOSE

The Comprehensive Financial Management Policy assembles all of the City’s
financial policies in one document. They are a tool to ensure that the City is
financially able to meet its immediate and long-term service objectives. The
individual policies contained herein serve as guidelines for both the financial
planning and internal financial management of the City.

The City of Hays is accountable to its citizens for the use of public dollars.
Municipal resources must be wisely used to ensure adequate funding for the
services, public facilities, and infrastructure necessary to meet the community’s
present and future needs. These policies safeguard the fiscal stability required to
achieve the City’s goals and objectives.

OBJECTIVES
In order to achieve its purpose, the Comprehensive Financial Management Policy
has the following objectives for the City’s fiscal performance.

             To guide City Commission and management policy decisions that
              have significant fiscal impact.
             To set forth operating principles that minimize the cost of government
              and financial risk.
             To employ balanced and fair revenue policies that provide adequate
              funding for desired programs.
             To maintain appropriate financial capacity for present and future
              needs.
             To promote sound financial management by providing accurate and
              timely information on the City’s financial condition.
             To secure the highest possible credit and bond ratings by meeting or
              exceeding the requirements of bond rating agencies through sound,
              conservative financial decision making.
             To ensure the legal use of financial resources through an effective
              system of internal controls.
             To promote cooperation and coordination with other governments
              and the private sector in the financing and delivery of services.
             To link long-term financial planning with short-term daily operations.




                                   Page 1 of 25

                                         85
                                   Policy I
                          Fund Balance and Reserves

Fund balance measures the net financial resources available to finance
expenditures of future periods. Rating agencies examine fund balance when
considering the overall economic health and credit quality of the City. Reserves
protect the City's essential service programs during periods of economic
downturn, which may temporarily reduce actual resources or cut the growth rate
of City resources below that necessary to maintain pre-existing service levels.

1.01 The City shall achieve and maintain a minimum Unreserved Fund Balance
of 10% of the General Fund’s annual operating budget.

1.02 The Unreserved Fund Balance of the City’s General Fund should not be
used to support recurring operating expenditures outside of the current budget
year.

1.03 The City shall achieve and maintain a minimum Budget Stabilization
Reserve of at least 25% of the General Fund’s annual operating budget to be
used for budget stabilization.

1.04 The City’s Budget Stabilization Reserve will be maintained to provide the
City with sufficient working capital and a comfortable margin of safety to address
emergencies, withstand local and regional economic shocks, and unexpected
declines in revenue without borrowing.

1.05 The Budget Stabilization Reserve shall be used only to cover emergencies
and unexpected declines in revenue. If the Budget Stabilization Reserve is used,
the City will decrease its General Fund expenditures to prevent using the Budget
Stabilization Reserve in two consecutive fiscal years to subsidize General Fund
operations.

1.06 The Budget Stabilization Reserve can only be appropriated by a resolution
of the City Commission.

1.07 In the event the Budget Stabilization Reserve is used to provide for
temporary funding of unforeseen emergency needs, the City shall restore the
Budget Stabilization Reserve to the minimum level of twenty five percent (25%)
of General Fund operating expenditures within two fiscal years following the fiscal
year in which the event occurred.

1.08 The City will maintain adequate contingencies in funds statutorily prohibited
from carrying a fund balance in excess of 5% from the previous year. These
funds will be used to avoid cash-flow interruptions, generate interest income,
eliminate the need for short-term borrowing, provide funding flexibility for
unanticipated needs and opportunities, and sustain operations during
unanticipated emergencies and disasters.


                                   Page 2 of 25

                                         86
                                    Policy II
                                   Budgeting

The budget is one of the most important documents the City prepares since it
identifies the services to be provided and how the services are to be financed.
Budgeting is an essential element of the financial planning, control, and evaluation
process of municipal government. During the budget process, the City shall
reorganize both short-term needs and objectives in relation to the long-term goals
of the City. The annual budget will be prepared and adopted in accordance with
state laws.

2.01 The City Manager will prepare a budget in accordance with the guidelines
established by the Government Finance Officers Association in its Distinguished
Budget Award Program.

2.02 The City Manager shall develop annually a Budget Preparation Calendar
outlining the preparation and adoption timelines for the proposed budget.

2.03 Budget packages for the preparation of the budget, including forms and
instructions, shall be distributed to City departments to complete. Departments
shall prepare and return their budget proposals to the City Manager, as required in
the Budget Preparation Calendar.

2.04 During the annual budget development process, the existing base budget will
be thoroughly examined to assure removal or reduction of any services that could
be eliminated or reduced in cost.

2.05 Budgeting procedures will attempt to identify distinct functions and activities
and to allocate budget resources to perform these functions and activities as
required.

2.06 Duplication of services and inefficiency in delivery should be eliminated
wherever identified. The City will continue to examine alternative service delivery
options for all City functions. Alternatives for improving the efficiency and
effectiveness of the City’s programs and the productivity of its employees will be
considered during the budget process.

2.07 Performance measures will be utilized and reported in department budgets.
The City will prepare trends, comparisons to other cities, and other financial
management tools to monitor and improve service delivery in City programs.

2.08 Officials and department heads are required to monitor revenues and control
expenditures to prevent exceeding the amount of expenditures budgeted for their
department as well as accurately tracking and projecting revenues.



                                  Page 3 of 25

                                        87
2.09 The City will maintain a Vehicle and Equipment Replacement Schedule which
provides a five-year estimate of the funds necessary to maintain and replace the
City’s vehicles and equipment. The Vehicle and Equipment Replacement
Schedule will be updated as part of the budget process and will be presented to
the City Commission as part of the annual budget document.

2.10 The City will maintain a Capital Improvement Plan which provides a ten-year
estimate of the funds necessary to finance the City’s capital projects. The Capital
Improvement Plan will be updated as part of the Capital Improvement Program
and will be included in the annual budget document.

2.11 A ceiling of 30 mills will be observed for the City of Hays. The ceiling will
consist of the following mill levy limitations.

   1. Two (2) mills – Public Safety Equipment

   2. One (1) mill – Airport Operations

   3. Six (6) mills – Library

   4. One (1) mill – Library Employee Benefit

   5. Ten (10) mills – Employee Benefit

   6. Ten (10) mills – Bond & Interest

2.12 Any unreserved fund balance in the General Fund, in excess of 10% of the
operating expenditures, shall first be used to fund any shortfall in the Budget
Stabilization Reserve. Any excess shall then be earmarked for non-recurring
capital expenditures or used to “buy down” the Bond and Interest levy for the
following budget year. It is generally agreed to be in the best interest of the
citizens of Hays to use the excess unreserved balance to first fund non-recurring
capital projects and only be used to buy down debt that is above the ceiling as
defined in the previous section.

2.13 The Finance Department will maintain a system for monitoring the City’s
budget performance. The Finance Department shall analyze the budgeted
revenues and expenditures in accordance with the monthly budgets prepared by
the Department Heads, the multi-year historical expenditures for each line item for
each month compared to the expenditures for the same line item/budget for the
preceding year. This system will provide the City Commission with monthly
information in a timely manner on fund level resource collections and department
level expenditures.

2.14 Each October, Department Heads shall submit to the City Manager a monthly
calendar and budget for the following fiscal year. The monthly calendars and
budgets will be used for budget monitoring, tracking, preparation, and evaluation.



                                  Page 4 of 25

                                          88
2.15 Each November, Department Heads shall submit to the City Manager, a ten
year budget. The ten year budget will contain projections of revenues and
expenditures. The ten year budgets will be a tool for evaluating impact that
significant projects or programs will have on future operations. The ten year
budgets will be evaluated and updated on an annual basis.

2.16 It is the City’s policy not to fund mid-year requests from outside organizations
except under extraordinary circumstances.




                                   Page 5 of 25

                                         89
                                     Policy III
                                     Revenues

The City collects revenues, primarily in the form of property taxes, sales taxes,
permits, and user fees to provide services and meet operational needs. The
structure, fluctuation, and collection of revenues are examined by rating agencies
to determine the City’s credit quality.

3.01 The City will maintain a diversified and stable revenue system to shelter it
from short-term fluctuations in any one revenue source.

3.02 The City’s overall revenue structure should be designed to recapture for the
City some of the financial benefits resulting from City economic and community
development projects.

3.03 The City will strive to keep a total revenue mix that encourages growth and
keeps Hays economically competitive, and a City of choice for people to live in and
do business.

3.04 Major revenue sources should provide for the following principles:

   a) Vertical Equity. Revenue sources should provide appropriate treatment of
      taxpayers at different levels of economic well being.

   b) Horizontal Equity. Revenue sources should treat taxpayers with the same
      income or wealth equally.

   c) Neutrality. Revenue sources should not unduly influence economic
      decisions by consumers or businesses except for targeted development or
      redevelopment programs approved by the City Commission.

   d) Administrative and Compliance Costs. Revenue administration and
      enforcement should not absorb an undue percentage of total revenue.

3.05 The City will establish all user charges and fees at a level related to the cost
of providing the services.

3.06 The City will estimate its annual revenues by an objective and analytical
process.

3.07 It shall be the goal of the City that all Enterprise Funds shall be self-
supporting.




                                     Page 6 of 25

                                         90
                                  Policy IV
                Capital Improvement Program and Fixed Assets

The City’s assets are held primarily in the form of infrastructure, physical assets, or
capital plant, such as streets, buildings, and equipment. Sound infrastructure is an
important aspect of the quality of life, economic development, and the credit quality
of the City.

Dedicating resources to capital investment is appropriate for a growing city such as
Hays. Committing to and implementing the City’s Capital Improvement Program
will protect its capital assets and minimize future maintenance and replacement
costs.

4.01 The City Manager will submit annually a ten-year Capital Improvement Plan
(CIP) for review by the City Commission. The CIP should include capital
improvements for all agencies for which the City sets tax rates, makes levies or
approves budgets or programs. The CIP shall include an estimate of the cost and
of the anticipated sources of revenue for financing the capital improvements and
an estimate of the impact of each capital improvement on City revenues and the
capital and operating budget.

4.02 The City Commission shall, by resolution, formally adopt the ten-year Capital
Improvement Plan in January of each year.

4.03 The City will match programs and activities identified in the CIP with
associated matching revenue sources. Such revenues as the public safety
equipment, airport, and library levies, as well as revenues generated from user
fees and enterprise funds are to be used exclusively for the purpose for which they
were paid.

4.04 In order to be included within the CIP, a project needs to have an estimated
annual aggregate cost of $50,000 or more, have a useful life of five (5) years or
greater and satisfy at least one of the following criteria:

       1. Protect the health and safety of employees and/or the community at
       large.

       2. Significantly improve the efficiency of the existing services.

       3. Preserve a previous capital investment made by the City.

       4. Significantly reduce future operating costs or increase future operating
       revenues.
4.05 Upon completion of any capital project, remaining appropriated funds in that
project will be returned to the undesignated capital projects fund, or when required,
used to buy down or retire existing debt.




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4.06 When current revenues or resources are available for capital improvement
projects, consideration will be given first to those capital assets with the shortest
useful life and/or to those capital assets whose nature makes them comparatively
more difficult to finance with bonds or lease financing.

4.07 Nonrecurring revenues not required to meet the fund balance objectives in
Policy No. 1 may be used for nonrecurring capital expenditures or the early
retirement of existing City debt.




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                                     Policy V
                                 Debt Management

The City will maintain a high credit rating in the financial community to: 1) assure the
City’s taxpayers that the City government is well managed and financially sound; 2)
obtain reduced borrowing costs.

5.01 Debt financing will not be considered appropriate for any recurring purpose
such as current operating and maintenance expenditures. The City will use debt
financing only for one-time capital improvement projects and unusual equipment
purchases, and only under the following circumstances:

          when the project is included in the City's ten-year Capital Improvement
           Plan; or
          when the project involves acquisition of equipment that cannot be
           purchased outright without causing an unacceptable spike in the
           property tax rate, or unacceptable depletion of reserves: or
          when the project is the result of growth-related activities within the
           community that require unanticipated and unplanned infrastructure or
           capital improvements by the City; and
          when the project's useful life, or the projected service life of the
           equipment, will be equal to or exceed the term of the financing; and
          when there are designated revenues sufficient to service a debt, whether
           from project revenues, other specified and reserved resources, or
           infrastructure cost sharing revenues.

5.02 The following criteria will be used to evaluate pay-as-you-go versus debt
financing in funding capital improvements:

   Factors which favor pay-as-you-go financing include circumstances where:

          the project can be adequately funded from available current revenues
           and fund balances;
          the project can be completed in an acceptable timeframe given the
           available revenues;
          additional debt levels could adversely affect the City's credit rating or
           repayment sources; or
          market conditions are unstable or suggest difficulties in marketing a
           debt.

   Factors which favor long-term debt financing include circumstances where:

          revenues available for debt issues are considered sufficient and reliable
           so that long-term financing can be marketed with an appropriate credit
           rating, which can be maintained;
          market conditions present favorable interest rates and demand for City
           debt financing;
          a project is mandated by state or federal government and current
           revenues or fund balances are insufficient to pay project costs;
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                                          93
          a project is immediately required to meet or relieve capacity needs and
           existing unprogrammed cash reserves are insufficient to pay project
           costs; or
          the life of the project or asset financed is five years or longer.

5.03 City debt will be structured to achieve the lowest possible net interest cost to
the City given market conditions, the urgency of the capital project, and the nature
and type of any security provided. City debt will be structured in ways that will not
compromise the future flexibility to fund projects. Moreover, to the extent possible,
the City will design the repayment of its overall debt issues so as to rapidly
recapture its credit capacity for future use. As a benchmark, the City shall strive to
repay at least 30% of the principal amount of its bonded debt within five years and
at least 60% within ten years.

5.04 The decision on whether or not to assume new general obligation or Public
Building Commission bonds shall, in part, be based on (a) costs and benefits, (b)
the current conditions of the municipal bond market, and (c) the City's ability to
assume new general obligation bonds as determined by the aforementioned
benchmarks.

5.05 The City may issue bonds secured solely by dedicated non-advalorem
revenue streams if doing so will yield clearly identifiable advantages. For the City
to issue revenue bonds, a primary objective will be to minimize risk through the use
of adequate coverage requirements while remaining in compliance with overall
debt management policy objectives. The City will adhere and where necessary
take actions to ensure compliance with all outstanding revenue bond covenants.

5.06 The City shall maintain a watchful attitude over the issuance of special
assessment bonds for benefit district improvements (see City Development Policy).

5.07 The City shall not assume more debt than it retires each year if it will cause
the City to exceed 50% of the Kansas statutory limit of 30% of the City’s assessed
valuation without conducting an objective analysis of the community’s ability to
assume and support additional debt service payments and of the probable impact
of the additional debt on the City’s bond ratings.

5.08 The City will consider debt financing for the acquisition, replacement, or
expansion of physical assets (including land) only if a capital project has a useful
life longer than the term of the bond issue supporting it. Debt will be used only to
finance capital projects and equipment, except in the case of unforeseen
emergencies. Debt will not be issued for periods exceeding the useful life or
average useful lives of the project or projects to be financed.

5.09 City debts will be amortized for the shortest period consistent with a fair
allocation of costs to current and future beneficiaries or users, and in keeping with
other related provisions of this policy.




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5.10 The City normally shall issue bonds with a maximum life of 20 years or less
for general obligation bonds, Public Building Commission bonds, and revenue
bonds, and 15 years or less for special assessment bonds.

5.11 Unless specific compelling reasons exist there shall be no "balloon" bond
repayment schedules, which consist of low annual payments and one large
payment of the balance due at the end of the term. There shall always be at least
interest paid in the first fiscal year after a bond sale and principal repayment
starting no later than the second fiscal year after the bond issue.

5.12 Call provisions for bond issues shall be made as short as possible consistent
with the lowest interest cost to the City. Unless specific compelling reasons exist,
all bonds shall be callable only at par.

5.13 At a minimum, the City will seek to amortize general obligation bonds with
level principal and interest costs over the life of the issue. Pushing higher costs to
future years in order to reduce short-term budget liabilities will be considered only
when natural disasters or extraordinary or unanticipated external factors make the
short-term cost of general obligation bonds prohibitive.

5.14 Any capital financing proposal of a City division, agency, or utility involving the
pledge or other extension of the City's credit through sale of bonds, execution of
loans or leases, or otherwise involving directly or indirectly the lending or pledging
of the City's credit, shall be referred to the Finance Department for review before
such pledge is considered by the City Commissioners.

5.15 All payment of general obligation bonds and special assessment bonds shall
be from the City’s Bond & Interest Fund. The fund balance in the Bond & Interest
Fund will be maintained at a level equal to or greater than 5% of the total principal
and interest payable from that Fund for the upcoming semi-annual debt service
payment. Furthermore, the fund balance will be managed to eliminate or minimize
arbitrage rebate liability.

5.16 The City will utilize external bond counsel for all debt issues. All debts issued
by the City will include a written opinion by Bond Counsel affirming that the City is
authorized to issue the debt, stating that the City has met all Federal and State
constitutional and statutory requirements necessary for issuance, and determining
the federal income tax status of the debt.

5.17 The City will retain an external financial advisor selected for a term of up to
three years through a competitive process administered by the Finance Division.
The utilization of the financial advisor for each debt issuance will be at the
discretion of the Finance Department on a case-by-case basis. For each City bond
sale the financial advisor will provide the City with information on pricing and
underwriting fees for comparable sales by other issuers.

5.18 Use of short-term borrowing, such as temporary notes, will be undertaken
only if the transaction costs plus interest on a debt are less than the cost of internal
financing, or available cash or reserves are insufficient to meet both project needs
and current obligations.
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5.19 Credit enhancement (letters of credit, bond insurance, etc.) may be used if
the costs of such enhancements will reduce the net debt service payments on the
bonds or provide other significant financial benefits to the City.

5.20 The use of lease/purchase agreements in the acquisition of vehicles,
equipment and other capital assets shall be considered carefully relative to any
other financing option or a "pay-as-you-go" basis. The lifetime cost of a lease
typically will be higher than other financing options or cash purchases.
Nevertheless, lease/purchase agreements may be used by the City as funding
options for capital acquisitions if operational or cash-flow considerations preclude
the use of other financing techniques.

5.21 The City, as a matter of policy, shall seek to issue its general or revenue bond
obligations in a competitive sale unless it is determined by the Director of Finance
that such a sale method will not produce the best results for the City. In such
instances where the City, through a competitive bidding for its bonds, deems the
bids received as unsatisfactory or does not receive bids, it may, at the election of
the Director of Finance, enter into negotiation for sale of the bonds.

5.22 Periodic reviews of all outstanding debts will be undertaken to determine
refunding opportunities. Refunding will be considered (within federal tax law
constraints) if and when there is a net economic benefit of the refunding or the
refunding is essential in order to modernize covenants essential to operations and
management.

5.23 City staff and the financial advisor shall monitor the municipal bond market for
opportunities to obtain interest savings by refunding outstanding debts. As a
general rule, current refundings will be undertaken only if the present value savings
of a particular refunding will exceed 2% of the refunded principal. As a general
rule, advance refundings will be undertaken only if the present value savings of a
particular refunding will exceed 2% of the refunded principal.

5.24 Refunding issues that produce a net present value savings of less than
targeted amounts may be considered on a case-by-case basis. Refunding issues
with negative savings will not be considered unless a compelling public policy or
financial management objective is served by the refunding.

5.25 Federal arbitrage legislation is intended to discourage entities from issuing
tax-exempt obligations unnecessarily. In compliance with the spirit of this
legislation, the City will not issue obligations except for identifiable projects with
very good prospects of timely initiation. Temporary notes and subsequent long-
term bonds will be issued timely as project contracts are awarded so that debt
issues will be spent quickly.




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5.26 The City is committed to full and complete primary and secondary financial
disclosure, and to cooperating fully with rating agencies, institutional and individual
investors, City departments and agencies, other levels of government, and the
general public to share clear, comprehensible, and accurate financial information.
The City is committed to meeting secondary disclosure requirements on a timely
and comprehensive basis.

5.27 Official statements accompanying debt issues, Comprehensive Annual
Financial Reports, and continuous disclosure statements will meet (at a minimum),
the standards articulated by the Government Accounting Standards Board (GASB),
the National Federation of Municipal Analysts, the Securities and Exchange
Commission (SEC), and Generally Accepted Accounting Principles (GAAP). The
Director of Finance shall be responsible for ongoing disclosure to established
national information repositories and for maintaining compliance with disclosure
standards     promulgated     by   state   and    national   regulatory    bodies.




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                                         97
                                  Policy VI
                       Cash Management and Investments

Cash management is the practice of safeguarding and maximizing the income
earned on liquid assets. Cash, liquidity, and investment management activities
shall be conducted prudently. The City shall maintain adequate management
procedures, controls, and policies for the City’s liquid assets.

6.01 Effective cash management is recognized as essential to good fiscal
management. An aggressive cash management and investment policy will be
pursued to take advantage of investment interest as a viable and material revenue
source for all operating and capital funds. The City’s portfolio shall be designed
and managed in a manner responsive to the public trust and consistent with state
and local law.

6.02 Investments shall be made with the primary objectives of:
       Security of City funds and investments
       Preservation of capital and protection of principal
       Maintenance of sufficient liquidity to meet operating needs
       Diversification of investments to avoid unreasonable or avoidable risks
       Maximization of return on the portfolio.

6.03 Earnings from investments will be used in a manner which will best serve the
interests of the City and comply with Kansas statutes.

6.04 The investment policies adopted by the City shall apply uniformly to all
employees, officials, departments, agencies, boards, commissions, representatives
and authorized agents in the performance of their official duties and to the
processing and management of all investment transactions on behalf of the City.
These policies shall apply to all funds handled and managed by the City.

6.05 The primary objectives, in priority order, of investment activities shall be
safety, liquidity, and yield:

     1. Safety of principal is the foremost objective of the investment program.
       Investments shall be undertaken in a manner seeking to ensure the
       preservation of capital in the overall portfolio. The objective will be to reduce
       credit risk and interest rate risk.

             a.      Interest Rate Risk
                     The City will minimize the risk that the market value of
                     securities in the portfolio will decline due to the changes in
                     general interest rates by:
                         Structuring the investment portfolio so that securities
                          mature to meet cash requirements for ongoing
                          operations, thereby minimizing the need to sell securities
                          on the open market prior to maturity



                                     Page 14 of 25

                                          98
                        Investing idle funds primarily in securities with maturities
                         of one year or less or the Kansas Municipal Investment
                         Pool (MIP)
                        Limiting investments to a maximum stated maturity of two
                         years

6.06 The investment portfolio shall remain sufficiently liquid to meet all operating
requirements that may be reasonably anticipated. This will be accomplished by
structuring the portfolio so that securities mature concurrently with cash needs to
meet anticipated demands.

6.07 The investment portfolio shall be designed with the objective of attaining a
market rate of return throughout budgetary and economic cycles, taking into
account investment risk constraints and liquidity needs. Return on investment is a
lower priority than the safety and liquidity objectives described above.

6.08 Officers and employees involved in the investment process shall refrain from
personal business activity that could conflict with the proper execution and
management of the investment program, or that could impair their ability to make
impartial decisions. Employees and investment officials shall disclose any material
interests in financial institutions with which they conduct business. Employees and
officers shall not undertake personal investment transactions with the same
individual with whom business is conducted on behalf of the City.

6.09 Responsibility for the operation of the investment program is delegated to the
investment officer, who shall establish written procedures and internal controls for
the operation of the investment program consistent with this investment policy. No
person may engage in an investment transaction except as provided under the
terms of this policy and the procedures established by the Director of Finance. The
Director of Finance shall be responsible for all transactions undertaken and shall
establish a system of controls to regulate the activities of subordinate officials.

6.10 All investments of the City should be bid to insure competitive pricing. In
addition, investments with the Kansas Municipal Investment Pool or money market
mutual funds are not considered biddable securities.

6.11 A list will be maintained of financial institutions authorized to provide
investment services. An annual review of the financial condition and registration of
qualified financial institutions and broker/dealers will be conducted by the Director
of Finance.

6.12 The Director of Finance is responsible for establishing and maintaining an
internal control structure designed to ensure that the investments of the City are
protected from loss, theft or misuse. The internal control structure shall be
designed to provide reasonable assurance that these objectives are met. The
concept of reasonable assurance recognizes that (1) the cost of a control should
not exceed the benefits likely to be derived and (2) the valuation of costs and
benefits requires estimates and judgments by management.

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6.13 The investment program shall be subject to an annual independent review by
an external auditor to assure adequate internal controls. The internal controls shall
address the following points:
       Control of collusion
       Separation of transaction authority from accounting and record keeping
       Custodial safekeeping
       Avoidance of physical delivery securities other than certificates of
          deposit
       Clear delegation of authority to subordinate staff members
       Written confirmation of transactions for investments and wire transfers
       Development of a wire transfer agreement with the lead bank and third-
          party custodian.

6.14 All trades will be executed by delivery vs. payment (DVP) to ensure that
securities are deposited in an eligible financial institution simultaneously with the
release of funds. Securities will be held by a third-party custodian as evidenced by
safekeeping receipts, held in the City’s name.

6.15 The investments authorized for idle funds under this policy shall be in
conformance with K.S.A. 12-1675, K.S.A. 12-1677b and any other applicable
statutes and amendments thereto. The following list represents the range of
investments which the City will consider and shall be authorized for the investment
of funds.
        In temporary notes or no-fund warrants issued by such investing
          governmental unit.
        In time deposit, open accounts, certificates of deposit or time certificates
          of deposit with maturities of not more than two years.
        In repurchase agreements.
        In United States treasury bills or notes with maturities as the governing
          body shall determine, but not exceeding two years.
        In the municipal investment pool fund established in K.S.A. 12-1677a,
          and amendments thereto.

6.16 The investments authorized for the proceeds of bonds (other than industrial
revenue bonds for which the City is merely a conduit issuer) or temporary notes
under this policy shall be in conformance with K.S.A. 10-131 and amendments
thereto.

6.17 To qualify as a depository under K.S.A. 9-1401 et seq., a bank, trust
company, savings and loan association, or savings bank must collateralize City
deposits in accordance with K.S.A. 9-1402.

6.18 The City shall attempt to match its investments with anticipated cash flow
requirements. The City will invest in accordance with Kansas statutes.




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                                        100
6.19 The investment portfolio will be managed in accordance with the parameters
specified within this policy. The portfolio should obtain a market average rate of
return during a market/economic environment of stable interest rates. The
investment portfolio objective is for the short-term portfolio to exceed the 91-day
U.S. Treasury Bill and the long-term portfolio to exceed the 1-year U.S. Treasury
Bill average rate of return, the benchmark for risk-free investment transactions.

6.20 The market value of the portfolio shall be calculated at least monthly and a
statement of the market value of the portfolio shall be issued at least monthly.

6.21 The City of Hays shall designate by official action recorded upon its minutes
the banks, savings and loan associations and savings banks which shall serve as
depositories of its funds and the officer and official having the custody of such
funds shall not deposit such funds other than at such designated banks, savings
and loan associations and savings banks as outlined in Kansas Statute 9-1401.
The City of Hays will solicit bids for banking services every three years from
all banks, savings and loan associations and savings banks that have main or
branch offices in Ellis County.




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                                       101
                                   Policy VII
                         Enterprise Fund Management
The City shall continue to maintain all enterprise funds on a self-sustaining basis,
with no support from property tax or general fund sales tax revenues.
7.01 Enterprise Fund rates and fees will be reviewed annually considering net
revenue requirements, realistic sales forecasts, contractual obligations including
bond covenants, and utility conservation goals. Revenue requirements may include
funds programmed for rate stabilization, utility capital projects, and reimbursement
of indirect costs to the General Fund.
7.02 Enterprise Funds rates and fees shall be adjusted when necessary to meet
revenue requirements, bond covenants, or to support the adopted budget.
7.03 The City shall continue to fund Capital Reserve accounts for each of its
Enterprise Funds.

7.04 Operating cash reserves shall be maintained at an amount equal to or greater
than 10% of operating revenues to provide the City with sufficient working capital
and to offer a comfortable margin of safety to address emergencies and
unexpected declines in revenue.




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                                    Policy VIII
                 Accounting, Auditing and Financial Reporting

Accounting and financial reporting provide the informational infrastructure for the
City. Credit rating agencies consider reporting based on Generally Accepted
Accounting Principles (GAAP) a credit strength.

8.01 The City will comply with Generally Accepted Accounting Principles (GAAP)
and Governmental Accounting Standards Board (GASB) pronouncements as
applicable in its accounting processes and reporting, as contained in the following
publications:

   a) Codification of Governmental Accounting and Financial Reporting
      Standards, issued by the Governmental Accounting Standard Board
      (GASB).

   b) Pronouncements of the Financial Accounting Standards Board,
      (FASB).

   c) Governmental Accounting, Auditing, and Financial Reporting
      (GAAFR), issued by the Government Finance Officers Association
      (GFOA) of the United States and Canada.

   d) Audits of State and Local Governmental Units, an industry audit
      guide published by the American Institute of Certified Public
      Accounts (AICPA).

   e) Government Accounting Standards, issued by the Controller General
      of the United States.

8.02 Monthly financial data will be made available electronically through the
City’s online accounting system to all department administrators allowing them to
summarize financial activity and compare actual revenues and expenditures with
budgeted amounts.

8.03 A comprehensive financial audit, including an audit of federal grants
according to the U.S. Office of Management and Budget Circular A-133, will be
performed annually by an independent public accounting firm. The independent
public accounting firm will express an opinion on the City’s Financial Statements.
The firm will be selected by the City through a Request for Proposals process for
audit services on an as needed basis.

8.04 The City will prepare its comprehensive annual financial report in compliance
with the principles and guidelines established by the Government Finance Officers
Association’s Certificate of Achievement for Excellence in Financial Reporting
Program.



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                                       103
8.05 Full disclosure will be provided in the City’s annual audit and budget
reports and bond documents.

8.06 The City will provide annual disclosure to the rating agencies and national
bond disclosure libraries.

8.07 A system of internal accounting controls will be maintained to adequately
safeguard assets and provide reasonable assurance of proper recording of
financial transactions of the City.

8.08 The City’s annual audit, budget, and monthly report of the Finance
Director will be made available electronically through the City website for
viewing by the general public.




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                                       104
                                    Policy IX
                                Risk Management

Risk Management functions to protect City resources such as employees,
buildings, equipment, vehicles, and financial assets. The City will manage its risk
and limit risk exposure in a professional and prudent manner.

9.01 The City shall make diligent efforts to protect and preserve City assets
against losses that could deplete City resources or impair the City’s ability to
provide services to its citizens. The City shall reduce its exposure to liability
through training, safety programs, risk financing and the transfer of risk when cost
effective.

9.02 When cost effective, the City shall manage its exposure to risk through self
insurance and/or the purchase of traditional insurance in the following areas:
       a) General liability
       b) Automobile liability
       c) Public officials’ errors and omissions
       d) Police professional liability
       e) Property loss and workers’ compensation
       f) Employee health
       g) Short-term disability

9.03 When cost effective, the City will further control its exposure to risk through
the use of hold harmless agreements in City contracts and by requiring
contractors to carry liability insurance.

9.04 When cost effective, the City will utilize the services of a Risk Management
Broker. The Risk Management Broker will examine, analyze, and advise on all
aspects of the City’s risk exposure. The Risk Management Broker shall be
retained under a fee-for-service contract and will not receive a commission. The
Risk Management Broker services shall be retained on a year-to-year basis and
re-bid every three (3) years.




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                                        105
                                     Policy X
                                   Procurement

Procurement utilizes monetary assets of the City to purchase products and
services. All acquisitions must be performed in accordance with applicable laws
and regulations.

10.01 Expenditures will be controlled by an annual budget at the departmental
level.

10.02 All purchases shall be made in accordance with the City’s purchasing
policies and procedures as well as applicable state and federal laws. The City will
endeavor to obtain supplies, equipment and services as economically as
possible.

10.03 The City will maintain a purchasing system which provides needed
materials in a timely manner to avoid interruptions in the delivery of services.




                                    Page 22 of 25

                                        106
                                   Policy XI
                          Intergovernmental Revenues

Many service costs of the City are influenced by other governments, either because
of service overlap or service mandates imposed by the county, state, or federal
government. The City should take advantage of opportunities to enhance service
delivery through intergovernmental cooperation, shared revenues, and grants while
aggressively opposing mandates that distort local service priorities.

11.01 The City will refrain from using grants to meet ongoing service delivery
needs. In particular, the City will not apply for grants that involve the hiring of
personnel either on a one-year or multi-year basis for which the City will ultimately
have to provide the total cost of hiring personnel without first having ascertained
whether or not future funds will be available to offset the expense of hiring
additional personnel. A judgment will also be made prior to applying for such a
grant as to whether additional personnel are indeed needed on a long-term basis
for the best service provision to the citizens of Hays. In the City's financial
planning, grants will be treated in the same manner as all other temporary and
uncertain resources and will not be used to fund ongoing, basic service needs.

11.02 All grant agreements will be reviewed by the appropriate City staff, including
Finance, City Attorney’s Office, and sponsoring department, to ensure compliance
with state, federal, and City regulations.

11.03 When possible, the City will budget expenditures for grant-funded programs
only after the grant award notice or letter of commitment has been received, and
only for the amount of the grant award. City overhead or indirect costs for grant-
funded programs will be included in all grant proposals, where permitted.

11.04 The City will aggressively oppose state or federal actions that mandate
expenditures which the City Commission considers unnecessary. The City will
pursue intergovernmental funding to support the incremental cost of those
mandates.

11.05 The City will work with other governments to identify the jurisdiction most
capable and appropriate to provide specific public services. All intergovernmental
agreements and contracts for service delivery will be brought forward to the City
Commission for approval.




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                                  Policy XII
                             Economic Development

The City’s economic base is an important element in determining the City’s credit
rating and has a dramatic influence on the City’s financial health.

12.01 The City shall continue to expand and diversify its economic base by
attracting industrial and commercial firms. Special emphasis should be given to
industrial and commercial enterprises that will employ the local labor force.
Additional emphasis shall be made to recruit and expand the available workforce.
Such business and industry will be in accordance with the plans and ordinances of
the City.

12.02 The City will continue to partner with Ellis County in funding the Ellis County
Coalition for Economic Development.

12.03 The City will continue the current economic development incentives as
spelled out in the Economic Development Policy dated August 26, 2004.

12.04 The City will perform a fiscal impact analysis on each economic
development investment that evaluates the economic costs, economic benefits,
intrinsic benefits and the levels of each type of risk associated with the economic
development investment.




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                                        108
                                  Policy XIII
                                Policy Review
13.01 The City Commission will review, amend if necessary, and affirm by
resolution the financial policies contained in this document a minimum of once
every three years after review with its staff.

13.02 The City Manager shall provide the City Commission a written status report
concerning the City’s compliance with the thirteen financial categories on an
annual basis.




                                  Page 25 of 25

                                      109
110
                                                                City of Hays
                                                                Office of the City Manager




COMMISSION INFORMATIONAL MEMORANDUM
   TO:       City Commission
   FROM: Toby Dougherty, CPM
             City Manager
   DATE:     March 3, 2011



   Attached are the following items:

        1. The minutes of the January 20, 2011 and February 10, 2011 meetings of the Sister Cities Advisory
           Board.

        2. The minutes of the January 31, 2011 meeting of the Hays Housing Authority Board.

        3. The February On-Time Report for Great Lakes Airlines.

   If you have any questions regarding this information, please do not hesitate to contact me.

   aw




                                                     111
112
                          Hays Sister Cities Advisory Board
                            Thursday, January 20, 2011
                              Commerce Bank - Noon


1.     Call to Order by Carol Solko-Olliff at 12:10 pm

     Members Present: Phyllis Kellerman, Ann Leiker, Carol Solko-Olliff, Tom
     Thomas, Miriam Bolyard
     Members Absent: Jenny Jiang, Ed Stehno, Pat Austin and Jim Forsythe

2.     Minutes – Carol Solko-Olliff presented the minutes from the October 7, 2010
       meeting. A motion was made by Tom Thomas and seconded by Miriam Bolyard
       to accept the minutes as presented. Minutes were approved.

3.     Treasurer’s Report – Tom Thomas reported that City of Hays had sent $3,811.00
       in January as part of our budget allotment. No outstanding bills were presented.
       The balance at the end of January was $16,423.80. A motion was made by Carol
       Solko-Olliff and seconded by Phyllis Kellerman to accept the financial statement
       as presented. Motion carried.

4.    Additions to the Agenda
           Chinese New Year Celebration

5.    Old Business
           a. International Student Update – Carol Solko-Olliff reported the following:
           New students are arriving this week, and a new student orientation will be
           held on Monday, January 10th with classes starting on Wednesday, January
           12th. Approximately 275 international students from approximately 23
           countries are on campus this spring semester.
           A Martin Luther King celebration was held on Monday – January 17th
           A Chinese New Year celebration is being planned with the following events:
           February 2 – the Dragon will perform at the half time of the FHSU women’s
           basketball game, February 3rd, a How to Make Dumpling workshop/program
           will be held at the Center for Life Experiences with Street Beat covering the
           event as well as advertising the Chinese New Year programs; Saturday
           February 5th will be a dumpling dinner in the Memorial Union and watching
           the New Year celebration from China and finally on Sunday, February 6th will
           be a Celebration of Diversity program in Beach/Schmidt at 7:30. A flyer with
           all the events will be sent out to the Sister Cities group.
           A Spice program will be planned for the spring semester featuring either
           Saudi Arabia or Germany, once details are confirmed information will be sent
           out.
           b. Young Artists and Authors Showcase 2010 – Miriam Bolyard reported
           that the young lady who won the local contest was very appreciative of the
           award and cash prize. She planned to use the award to purchase items for
           her new baby.




                                          113
          c. Board member renewals – It was reported that Ed Stehno and Jenny
          Jiang needed to submit their applications for re-appointments. Carol Solko-
          Olliff will request from Andrea a list of members and their terms so we can
          determine when board members need to renew. She will also check with Avi
          Kempenski to see if he is interested in applying for the position that Mike
          Michealis resigned from on the board.

6.    New Business
         a. Election of Officers - It was moved by Tom Thomas and seconded by
         Phyllis Kellermand that the following slate of officers be approved. Motion
         carried.
         Pres: Ann Leiker
         VP: Miriam Bolyard
         Sec: Carol Solko-Olliff
         Treas: Tom Thomas
          b. Chinese New Year Celebration – The schedule of events was reported
         by Carol Solko-Olliff in her report. It was moved by Phyllis Kellerman and
         seconded by Tom Thomas to give $500.00 to go toward the Chinese New
         Year Celebration. This project is a worthwhile program for the City of Hays
         and in celebration of our Sister City in China.

7.   Other items from the floor
      a. Ed Stehno wanted the board to know that he had attended the service for Mr.
         Ross Beach and presented Marianna a framed poem. It was discussed that
         the Hays Sister Board should come up with another tribute to Ross as well for
         all of the support he has given to not only the Hays Sister Cities but to our
         Sister City in Paraguay. The board will discuss this further at an upcoming
         meeting.
      b. Ann Leiker asked the committee to once again consider organizing an
         International Art & Dance program. This program would showcase talent
         from the community as well as Fort Hays State University. Ann will check
         with Eric at the Hays Public Library and start putting some ideas together.
         Miriam Bolyard is also willing to help with this project.
      c. Due to all the great work and programs the Center for Life Experiences
         provides to the Hays community, it was moved by Carol Solko-Olliff and
         seconded by Phyllis Kellerman to give $500 to the Center to support these
         wonderful culturally diverse and informative activities. These programs
         provide opportunities for our citizens to experience and explore other cultures
         through this community partnership. Motion carried.
      d. Miriam Bolyard would like to make contact with someone from our Paraguay
         Sister City, since she speaks Spanish, she can hopefully start a regular
         communication back and forth between our two groups. Carol Solko-Olliff will
         contact Ed Stehno and see if he has an email contact for Miriam.

8.   Next meeting date will be February 10, 2011 at noon at Commerce Bank

9.   Meeting was adjourned at 1:14 pm

Respectfully submitted: Carol Solko-Olliff




                                         114
                      Hays Sister Cities Advisory Board Agenda
                            Thursday, February 10, 2011
                              Commerce Bank - Noon


1.     Call to Order by Ann Leiker at 12:07 pm

     Members Present: Phyllis Kellerman, Ann Leiker, Carol Solko-Olliff, Tom
     Thomas, Miriam Bolyard, Ed Stehno, Pat Austin
     Members Absent: Jenny Jiang, and Jim Forsythe

2.     Minutes – Carol Solko-Olliff presented the minutes from the January 20, 2011
       meeting. I was noted to change “agenda” in the title to “minutes”. A motion was
       made by Tom Thomas and seconded by Ed Stehno to accept the minutes as
       presented with the correction. Minutes were approved.

3.     Treasurer’s Report – Tom Thomas reported that since our last meeting we have
       a balance of $15,923.80 with a check for $500 to support the Chinese New Year
       which has not cleared the bank yet. No outstanding bills were presented. A
       motion was made by Ed Stehno and seconded by Miriam Bolyard to accept the
       financial statement as presented. Motion carried.

4.    Additions to the Agenda
       Ross Beach memorial – Ed Stehno shared a copy of the poem that he framed and
       presented to Marianna Beach. It was discussed that we explore placing a display
       in Sternberg Museum that explains the Paraguay sculpture and history of the
       artist. The display might be one that has a visual and audio option like is found in
       other parts of the museum. Ed Stehno will talk to Marianna Beach about this
       project. It would be nice to get the history of the sculpture written down so it can
       be shared.

5.    Old Business
           a. International Student Update – Carol Solko-Olliff reported the following:
           The Chinese New Year and Spring Festival Celebration was a big success.
           The office is starting to plan for a graduation reception in May, and also new
           student orientation for fall 2011. Currently approximately a 100 students have
           applied to date, mostly from China. Athletics is also recruiting student
           athletes from Chile, Paraguay and Australia.
           b. International Dance and Art Showcase – Ann Leiker is still trying to
           contact Eric at the library regarding the event. Ann also mentioned that an
           upcoming Community Connections program on March 11th will feature
           different cultures related to marriage and how the couple and families
           celebrate with food, dance, etc.
           c. Board member renewals – Ed Stehno, Jenny Jiang and Miriam Bolyard
           will be recommended at the commission meeting tonight by Mayor Wasinger
           for re-appointment. Carol Solko-Olliff will ask Avi Kempenski to apply for a
           position on the board.
           d. Changes to Sister City designations - Discussion was held on the
           possibility of establishing a relationship with a new city in Germany since we




                                          115
          have not had contact with our current Sister City in many years. Fort Hays
          currently has a partnership with a university in Germany, so this may allow us
          to select a city that we can establish regular contact with.

6.    New Business

          a. Review of Goals and Objectives – Ann Leiker suggested the group be
             prepared to discuss this at our next meeting.

7.   Next Meeting Date - March 3, 2011 at noon at Commerce Bank

8.   Meeting was adjourned at 1:08 pm

Respectfully submitted: Carol Solko-Olliff




                                         116
117
118
                                                                                     Great Lakes Airlines On-Time Report
                                                                                                                    120
                                                                                                                    Min
                                                                                        Under 30-59 60 - 89 90 -119 Late
                                                                                        30 Min Min   Min      Min    or
     Feb-11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On-Time Late Late     Late   more Canceled


Mon-Fri
           615   C   C   L   L           x   x   C   x   x           L   x   x   x   x           C   x   x   x   C           x   60%     5%         5%   5%    25%
           812   C   x   x   L           x   x   C   x   C           L   x   x   x   x           x   x   x   x   C           x   70%     5%   5%               20%
           825   L   x   x   L           x   C   C   x   C           L   x   x   x   x           x   x   x   x   x           x   70%    10%   5%               15%
          1316   C   L   x   x           x   C   x   x   x           x   x   x   x   x           x   C   C   x   x           x   75%                5%         20%
          1326   C   L   L   x           x   C   x   x   x           x   x   x   x   x           x   C   C   x   L           x   65%    10%         5%         20%
          1651   x   L   x   x           x   x   x   x   x           x   x   x   L   x           L   x   x   C   L           x   75%    10%   5%         5%     5%
          1700   x   L   L   x           x   C   x   x   x           x   L   x   L   x           L   x   x   C   L           x   60%    15%   5%    5%   5%    10%
          2111   L   L   L   x           x   C   x   C   x           x   x   x   x   C           L   x   x   C   C           x   55%    20%                    25%
          2121   L   L   L   x           x   C   x   C   x           x   x   x   x   C           x   x   x   C   C           x   60%    10%   5%               25%
          2311   C   x   x   x           x   C   x   x   x           x   x   x   x   x           x   L   x   x   x           x   85%          5%               10%

Saturday
           725                   x                           L                           C                           x            50%         25%              25%
           837                   x                           x                           C                           x            75%                          25%
           850                   x                           x                           x                           x           100%
          1316                   x                           x                           x                           x           100%
          1326                   x                           x                           x                           x           100%
          1706                   x                           x                           x                           C            75%                          25%
          1931                   x                           x                           x                           x           100%
          1941                   x                           x                           x                           x           100%

Sunday
           812                       x                           x                           x                           L        75%                    25%
           825                       x                           x                           x                           L        75%                    25%
          1015                       x                           x                           x                           C        75%                          25%
          1651                       x                           x                           x                           x       100%
          1700                       x                           x                           C                           x        75%                          25%
          2111                       x                           C                           x                           x        75%                          25%
          2121                       x                           C                           x                           x        75%                          25%
          2311                       x                           x                           C                           x        75%                          25%

                                                                                                                     Average     71%    6%    3%    2%   2%    16%

Late=L                                                                                               Total Flights - 264          188    17     7    4     5    43
On Time=x
Canceled=C                                                                                   Percentage of flights delayed or canceled        29%

On time means </= 29 minutes
                                                                                                         119

				
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