City Commission

OTTAWA CITY COMMISSION STUDY SESSION AGENDA Monday, November 6, 2023 - 4:00 pm Ottawa City Hall - 101 S. Hickory In accordance with Kansas Open Meetings Act (KOMA), the Citizens may attend in person, VIA ZOOM or submit comments meeting can be viewed live on Channel 23 and via Facebook Live (300 words or less) for the City Commission. To submit your public or listened to by dialing: 1-312-626-6799 and entering meeting comment or to request the meeting Zoom link to give a public ID 919 2144 9005#. To view on YouTube: https:// comment, email publiccomments@ottawaks.gov no later than www.youtube.com/@ottawaksgov 2:00 pm on November 6, 2023; all emails must include your name If you need this information in another format or require a and address. reasonable accommodation to attend this meeting, contact the Participants who generate unwanted or distracting noises may be City’s ADA Coordinator at 785-229-3621. Please provide advance muted by the meeting host. If this happens, unmute yourself when notice of at least two (2) working days. TTY users please call 711. you wish to speak. I. PUBLIC COMMENTS Subject to the above restrictions, persons who wish to address the City Commission regarding items on the agenda may do so as that agenda item is called. Persons who wish to address the City Commission regarding items not on the agenda and that are under the jurisdiction of the City Commission, may do so at this time when called upon by the Mayor. Comments on personnel matters and matters pending in court or with other outside tribunals are not permitted. Speakers are limited to three minutes. Any presentation is for informational purposes only. The Governing Body will take comments under advisement. A. David Reeves - Power of the Past Antique Tractor Show II ITEMS TO BE PLACED ON THE REGULAR CITY COMMISSION AGENDA (Click on the item to access the attachment) A. Minutes (Pp. 2 - 6) 1. October 23, 2023 Study Session 2. October 30, 2023 Study Session III. ITEMS FOR PRESENTATION AND DISCUSSION * A. Review of 2024 Funding Agreements (Pp. 7 - 26) 1. Prairie Paws Animal Shelter 2. Ottawa Main Street Association 3. Elizabeth Layton Center 4. Franklin County Development Council B. Fiber Request for Proposal (RFP) Recommendation - Information Technology Director (Pp. 27 - 28) C. Presentation by Fire Captain Stuart Wolzen on Deployment with Kansas Forest Service D. Comments by City Manager E. Comments by City Commissioners F. Comments by Mayor IV. ANNOUNCEMENTS A. November 7, 2023 Election Day B. November 13, 2023 Study Session - 4:00 pm, City Hall C. November 15, 2023 Regular Meeting - 10:00 am, City Hall (Service Awards) V. ALREADY PLACED VI. ADJOURN 11.6.23 Agenda Pkt Page #1  Back to Agenda Study Session Minutes Ottawa, Kansas Minutes of October 23, 2023 The Governing Body met at 4:00 pm this date at City Hall with the following members present and participating to wit: Mayor Crowley, Mayor Pro Tem Skidmore, Commissioner Caylor, Commissioner Graves and Commissioner Clayton. Mayor Crowley called the meeting to order. Public Comments Angie Malik, 1878 Jackson Road, Ottawa and Tiffany Wyatt, 1 SW High Dr, Ottawa requested the City of Ottawa consider a $5,000 contribution towards purchasing and installing a Safe Haven Baby Box at the fire station. Minutes to Review The Governing Body reviewed minutes from the October 16, 2023 Study Session. The Governing Body agreed by consensus to place this item on the next Regular Meeting agenda on November 1, 2023. Request from Ottawa Community Partnership Inc. for Support of Legacy Square The Governing Body heard from Finance Director Melanie Landis and City Manager Brian Silcott, who discussed Legacy Square and the following: • Legacy Square was constructed in 2019, which involved multiple funding sources, including financial and in-kind support from the City including $10,000 commitment for community input and charettes, $75,000 toward construction cost of the restroom facilities, accessory costs of $56,616.75, alleyway improvements of $20,500, stormwater improvements of $90,000, and various in-kind support including dedication of a tobacco- free zone, support of grant applications, and playground installation. • OCPI is requesting participation of $475,526.47 to complete the Legacy campaign. • OCPI will transfer by deed to the City the properties of 125 S Walnut and 202 W. 1 st Street, as well as the walkway connecting Legacy Square and Main Street, once the acquisition is complete • Additional fundraising by OCPI has begun and is targeted for completion by October 2024 • City funds available to fulfill this request are recommended from the balance of America Rescue Plan Act grant funds • Current cash balance of $1,388,319.50 and an uncommitted fund balance of $906,589.56 is adequate to cover the requested amount • City Commission requested staff reach out to the County to discuss a partnership for funding • $4.9 million dollars in improvements have been completed in the Legacy Square properties • The City’s investment of approximately $475,000 would secure the park and green space worth $4 million and get a return of four times the investment The Governing Body agreed by consensus to place this item on the next Study Session agenda. Third Quarter Report Review The Governing Body reviewed the Third Quarter Financial and Activity reports with City Staff and community support organizations. 11.6.23 Agenda Pkt Page #2 City Manager's Comments City Manager Brian Silcott updated the Governing Body on current projects and City operations. Commissioner's Comments Commissioner Caylor informed the attendees that she and several staff members had recently participated in the KMEA annual conference, where they gained valuable insights into bipartisan infrastructure funding. Commissioner Clayton took the opportunity to remind the community about the upcoming Spook Parade this weekend and encouraged active participation in the festivities. He additionally requested more timely updates for the community on city events such as electrical outages. Mayor Pro Tem Skidmore expressed his eagerness to propose amendments to the chicken ordinance, with plans to discuss these changes at an upcoming meeting. He also urged the staff to identify potential funding sources for the Safe Haven Baby Box initiative. Mayor's Comments Mayor Crowley had no comment. Announcements A. October 30, 2023 Study Session – 4:00 pm, City Hall B. November 1, 2023 Regular Meeting – 10:00 am, City Hall Adjournment There being no further business to come before the Governing Body, the Mayor declared the meeting duly adjourned at 5:20 p.m. _________________________ Melissa Reed, City Clerk 11.6.23 Agenda Pkt Page #3  Back to Agenda Study Session Minutes Ottawa, Kansas Minutes of October 30, 2023 The Governing Body met at 4:00 pm this date at City Hall with the following members present and participating to wit: Mayor Crowley, Mayor Pro Tem Skidmore, Commissioner Caylor, Commissioner Graves and Commissioner Clayton. Mayor Crowley called the meeting to order. Public Comments Public Comments were given under Item II A. Request from Ottawa Community Partnership, Inc. Minutes to Review/Proclamation The Governing Body reviewed minutes from the October 18, 2023 Regular Meeting and a Proclamation honoring Native American Heritage Month in November. The Governing Body agreed by consensus to place these items on the next Regular Meeting agenda on November 1, 2023. Request from Ottawa Community Partnership Inc. for Support of Legacy Square The Governing Body heard from Finance Director Melanie Landis and City Manager Brian Silcott, who discussed Legacy Square and the following: • The Legacy Square project has been discussed at several previous Governing Body meetings on October 2, October 16, October 18, and October 23, 2023. • OCPI has requested the Governing Body's consideration for participation in the Legacy campaign, seeking financial support in the amount of $475,526.47. This contribution would facilitate the acquisition of parks and greenspace at 125 W. Walnut and 202 W. 1st Street within Ottawa, utilizing available ARPA (American Rescue Plan Act) funds. • Legacy Square's initial construction took place in 2019, involving diverse resources, including city support and in-kind contributions. • The Board of Franklin County Commissioners considered the City’s request for participation at their Wednesday, October 25, 2023, regular meeting. County Administrator Derek Brown reported to the City Manager that the County Commission does not have the desire to participate. However, they believe there is the potential for partnership in future projects, this project is not one of them. After discussion, Mayor Pro Tem Skidmore made a motion, seconded by Commissioner Caylor, to direct City Attorney Blaine Finch to draft a memorandum of understanding for review. The motion was considered and, upon being put, passed with the following vote: Mayor Crowley aye, Mayor Pro Tem Skidmore aye, Commissioner Graves nay, Commissioner Clayton nay, Commissioner Caylor aye. The Mayor declared the request duly approved. The City Attorney will proceed with the development of a memorandum of understanding. Safe Haven Baby Box Financial Contribution Request The Governing Body heard from Finance Director Melanie Landis who discussed a request for support of a Safe Haven Baby Box and discussed the following: • The initial introduction of the support request occurred during a public comment session • While fundraising efforts are ongoing, the City of Ottawa has been approached with a request for a financial contribution of $5,000 11.6.23 Agenda Pkt Page #4  • City Commission has tasked staff with conducting further research into the recently passed legislation and exploring potential funding sources • To date, city staff has not had the opportunity to conduct a thorough assessment of the appropriate placement and the ongoing requirements as specified in HB 2024, Section 9 • Staff has requested additional time to delve into various aspects of the project, including funding restrictions, detailed project costs, and the acquisition expenses for the necessary equipment. Additionally, they will explore the additional responsibilities related to the installation of the Baby Box in a city facility The Governing Body agreed by consensus to allow more time for city staff to conduct research. City Commission Meeting Date Discussion The Governing Body received a presentation from City Manager Brian Silcott, who presented a recommendation for the City Commission to consider amending the day and time of their meetings. The key points discussed during the presentation were as follows: • The City Commission had previously expressed an interest in exploring the possibility of reducing the number of meetings from four study sessions and two regular meetings per month to a total of four meetings each month • The primary aim of the City Commission in this regard is to ensure adequate time for the review and discussion of issues and items before they are formally considered, preferably one or two times in advance • In response to this, staff has proposed a schedule comprised of four monthly meetings, all scheduled for Wednesdays • Should the proposal be accepted, a structure involving a combination of old business and new business meetings is recommended by the staff Following a thorough discussion, the Governing Body has instructed City Attorney Blaine Finch to draft an ordinance specifying that meetings will be held on Wednesdays, with the first Wednesday commencing at 7:00 p.m., the third Wednesday at 10:00 a.m., and the remaining Wednesdays, including the 5th Wednesday, scheduled for 4:00 pm. City Manager's Comments City Manager Brian Silcott had no comment. Commissioner's Comments Commissioner Graves expressed her support for the Legacy Square project, underscoring that her vote was influenced by the public comments she had received. Commissioner Caylor took a moment to remind the community about the importance of vigilance when looking out for trick-or- treaters in our neighborhoods. Commissioner Clayton shared that there was a fantastic turnout for the Downtown trick-or-treat event, highlighting the enthusiasm within the community for this festive occasion. Mayor's Comments Mayor Crowley had no comment. 11.6.23 Agenda Pkt Page #5 Announcements A. November 1, 2023 Chamber Eggs & Issues Breakfast, 8:00 am, Advent Health B. November 1, 2023 Regular Meeting –7:00 pm, City Hall Adjournment There being no further business to come before the Governing Body, the Mayor declared the meeting duly adjourned at 4:57 p.m. _________________________ Melissa Reed, City Clerk 11.6.23 Agenda Pkt Page #6  Agenda Item: II.A City of Ottawa Back to Agenda City Commission Study Session November 6, 2023 TO: City Commission SUBJECT: 2024 Community Partner Agreements: Elizabeth Layton Center (ELC), Franklin County Development Council (FCDC), Ottawa Main Street Association (OMSA), and Prairie Paws Animal Shelter (PPAS) INITIATED BY: City Manager AGENDA: Items for Presentation & Discussion Recommendation: Review, Comment, and consider placing the 2024 community partner agreements for Elizabeth Layton Center (ELC), Franklin County Development Council (FCDC), Ottawa Main Street Association (OMSA), and Prairie Paws Animal Shelter (PPAS) on the November 13th Study Session for further discussion and/or placing the agreements on the November 15, 2023, regular meeting for approval. Background: The City of Ottawa utilizes Community Partner funds as an opportunity to partner with local organizations to deliver services that align with the City’s objectives. Community Partners are invited to apply for and request appropriations through the annual budget process. The process of consideration of applications during the appropriation process followed by consideration of operating agreement is intended to promote transparency. Below is a brief description of milestones for the 2024 appropriation process. March 14, 2023: Applications released. April 28, 2023: Application submission deadline. May 22, 2023: Review by City Commission. September 6, 2023: Public hearing for the FY 2024 Operating Budget The community partners receive funding from the Community Services Support Fund 1100, which allocates budgeted dollars to support groups and activities providing a community wide service. Fund 1100 receives its revenue equally from transfers from the General, Water, Electric, and Wastewater funds. The 2024 budget contains equal transfer of $45,500, totaling 182,000, from the funds listed above. Below is a table contained in Attachment II.A.2 providing a history of the support from 2019 to 2024. 11.6.23 Agenda Pkt Page #7 Analysis: The agreements continue forward the existing terms and conditions established in the 2023 funding agreements. The approximate fund balance is $96,600 with the 2024 funding allocation seeing increases of $3,218 for FCDC and $207 for the ELC. All other allocations remain unchanged. The smaller allocations operating without annually renewed operating agreements will continue to occur as in the past. Franklin County Commission has approved the 2024 operating agreement for FCDC. Financial Considerations: These requests are contained in the 2024 Adopted Budget allocated to 5-1100 in line items: • 511.00 PPAS $62,400 (II.A.1a) • 572.00 FCDC $67,593 (II.A.1b) • 577.00 OMSA $32,000 (II.A.1c) • 584.00 ELC $7,097 (II.A.1d) The 2023 projected cash carryover balance in the General, Water, Electric, and Wastewater funds is sufficient to forecast the transfer of funds on schedule with past practice. Legal Considerations: Approve as to form Recommendation/Action: Review, Comment, and consider placing the 2024 community partner agreements for Elizabeth Layton Center (ELC), Franklin County Development Council (FCDC), Ottawa Main Street Association (OMSA), and Prairie Paws Animal Shelter (PPAS) on the November 13th Study Session for further discussion and/or placing the agreements on the November 15, 2023, regular meeting for approval. Attachments: II.A.1a PPAS (2pp); II.A.1b FCDC (2pp); II.A.1c OMSA (2pp); II.A.1d ELC (2pp); II.A.2 2024 Community Partner Budget Memo (10pp) 11.6.23 Agenda Pkt Page #8  FUNDING AGREEMENT Back to Agenda THIS AGREEMENT is entered into by and between City of Ottawa, Kansas, hereinafter called “City,” and the Prairie Paws Animal Shelter, Inc. hereinafter called “PPAS,” for the calendar year 2024. BACKGROUND: The City and PPAS agree, that in the interest of providing effective stray animal housing and animal licensing services to the residents of the City of Ottawa they wish to contract with PPAS; a third-party entity, to help provide the following services: a. Provide timely and effective housing for stray animals picked up by the Ottawa Police Department or brought in by Ottawa citizens. b. Provide humane care and treatment of such animals, including food, water, shelter, and necessary veterinary care during the 3-day open hold period. c. Work to provide temporary housing and marketing to insure adoption of these animals after the hold period. d. Provide dog licenses to residents of the City of Ottawa pursuant to city code. e. Serve as an advisor to the City regarding animal health issues. ADDITIONAL RESPONSIBILITIES: The following additional duties are required by the City as a mechanism for maintaining a funding relationship with PPAS for the above services: a. Provide reporting and tracking of PPAS’s activities consisting of the following: 1.) Provide monthly electronic fiscal and activity reports to the City Commission. 2.) Provide a quarterly verbal report to the City Commission including financial and activity summaries. b. Conduct an annual planning session which shall include participation by appropriate City leadership. c. Conduct an annual financial review or audit that shall be submitted to the City Commission. If a financial review is completed in lieu of an audit, it shall be performed by an independent CPA. d. Prepare and submit a detailed annual budget for the following fiscal year to the City before May 1st, 2024. This budget shall include line item comparisons for revenues and expenditures for the two preceding fiscal years. TERM: The term of this agreement shall be from January 1, 2024 to December 31, 2024 and may be extended for additional annual terms upon mutual written consent by the parties hereto. FUNDING: The City agrees to pay $62,400 annually in equal monthly installments for the services as described above per the following conditions: a. The City retains the authority to withhold monthly payments with 30 days’ written notice to PPAS. Prior to withholding any funds, the City shall notify the director of PPAS and the president of the board of trustees in writing of the concerns regarding such withholding and allow the PPAS Board 30 days to address and remedy any violation of this agreement that would disqualify their receipt of continued funding. b. Should the City choose to discontinue funding before the completion of this contract term, it shall have the right to be repaid any City funds remaining in PPAS accounts, including any reserve contributions, based on a pro-rated portion of those funds paid into the PPAS accounts during that fiscal year only. c. All funds paid by the city must be used for providing the above services within the boundaries of Franklin County, Kansas. AMENDMENTS AND ADDENDUMS: This Agreement may be amended at any time upon mutual written agreement by all parties. The parties may also agree to contract for the provision of additional services as an addendum to this Agreement. Such additional agreements shall be in writing and appended to this document. 11.6.23 Agenda Pkt Page #9 RELATIONSHIP: It is understood and agreed that PPAS, its officers, employees, agents and assigns are engaged and retained as independent contractors and not as officers, agents or employees of the City and that PPAS has no authority to bind the City. INDEMNIFICATION AND HOLD HARMLESS: PPAS agrees, as an independent contractor, to indemnify and hold harmless the City from any and all claims arising out of PPAS’s or its agent(s) activities in the performance of this Agreement. NOTICE: When any provision of this agreement requires a written notice, it shall be deemed to have been validly given if delivered in person, sent by facsimile or sent by registered or certified mail, postage prepaid, to the following: City of Ottawa PPAS Attn: City Manager Attn: Director 101 S. Hickory 3173 Highway K68 Ottawa, KS 66067 Ottawa, KS 66067 (758) 229-3637 (785) 242-2967 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: This Agreement is to be construed and enforced in accordance with the laws of the State of Kansas. The parties shall abide by all federal, state and local laws, ordinances and regulations, including compliance with applicable nondiscrimination provisions. NOW, THEREFORE, the parties to this Agreement bind themselves, their heirs, successors and assigns to the performance of the terms set forth above and affix their signatures below: City of Ottawa, Kansas Prairie Paws Animal Shelter, Inc. Mayor Chairperson Date: Date: Attest: Attest: 11.6.23 Agenda Pkt Page #10  AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES Back to Agenda THIS AGREEMENT is entered into by and between Franklin County, Kansas, hereinafter called “County,” the City of Ottawa, Kansas, hereinafter called “City,” and the Franklin County Development Council, hereinafter called “FCDC,” for the calendar year 2024. PURPOSE: The City and County agree that in the interest of expanding the economic base of both the City of Ottawa and Franklin County, Kansas, they wish to employ the Franklin County Development Council; a third-party entity, to conduct the following economic development activities in their interest: a. Coordinate community resources to aid in the retention and expansion of existing industrial and commercial businesses in Franklin County. b. Actively recruit new industrial and commercial businesses to Franklin County and the City of Ottawa. c. Guide the development of commercial and industrial property within the County and City’s jurisdiction. d. Serve as an advisor to the County and City for their roles in economic development activity. e. Serve as a conduit for relevant economic data to the County, City and FCDC development partners. f. Participate, along with other County and City based organizations to promote retail and housing growth in the Franklin County region. g. Participate, along with other City and County organizations to conduct internal and external marketing campaigns for Franklin County and the City of Ottawa. h. Conduct other community development activities within Franklin County as appropriate. ADDITIONAL RESPONSIBILITIES: The following additional duties are required by the County and City as a mechanism for maintaining a funding relationship with FCDC for economic development services: a. Provide reporting and tracking of FCDC’s activities consisting of the following: 1.) Provide monthly electronic fiscal and activity reports to the County and City Commissions. 2.) Provide a quarterly verbal report to the County and City Commissions including financial and activity summaries. b. Assist the County in the preparation and submittal of the Franklin County Strategic Plan as required. c. Conduct an annual planning session which shall include participation by appropriate County and City leadership. d. Conduct an annual financial review or audit that shall be submitted to the County and City Commissions. If FCDC does not conduct an annual financial audit in place of a financial review, it shall conduct a financial audit every three years which shall also be submitted to the County and City. e. Prepare and submit a detailed annual budget for the following fiscal year to the County and City before May 1st, 2024. This budget shall include line item comparisons for revenues and expenditures for the two preceding fiscal years. TERM: The term of this agreement shall be from January 1, 2024 to December 31, 2024 and may be extended for additional annual terms upon mutual written consent by the parties hereto. FUNDING: The County and City agree to pay $67,593 per entity, annually, in equal monthly installments for economic and community development services as described above, provided that FCDC agrees that any annual surplus at the end of the fiscal year will be transferred to the reserve account of FCDC. The funds would be available in future years if needed for operational expenses related to economic development projects. Projects may include, but are not limited to: incentive funding, land acquisition or other projects required to meet the economic development goals of the organization. TERMINATION OF AGREEMENT AND RIGHT TO REMEDY: If the City or County desires to terminate this Agreement that entity must first give FCDC 60 days’ written notice. This notice shall include the specific reasons why said entity desires to terminate this Agreement. FCDC shall have 30 days from the date it receives this notice to remedy any and all concerns brought forth by the entity desiring termination. If the concerns brought forth are not adequately remedied 11.6.23 Agenda Pkt Page #11 by FCDC and either the City or County choose to terminate this Agreement, that entity, in addition to discontinuing the funding called for under this Agreement, shall have the right to be repaid any funds remaining in FCDC accounts, including any reserve contributions, based on a pro-rated portion of those funds paid into the FCDC accounts during the fiscal year only. CONFIDENTIALITY: All parties involved in this agreement understand and agree that information related to economic development activity is of a sensitive nature and should be treated with confidentiality where appropriate. All parties also agree that any confidential information discussed regarding economic development activity shall not be used for any personal or professional profit. AMENDMENTS AND ADDENDUMS: This Agreement may be amended at any time upon mutual written agreement by all parties. The parties may also agree to contract for the provision of additional services such as marketing or grant writing as an addendum to this Agreement. Such additional agreements shall be in writing and appended to this document. RELATIONSHIP: It is understood and agreed that FCDC, its officers, employees, agents and assigns are engaged and retained as independent contractors and not as officers, agents or employees of the City or County and that FCDC has no authority to bind the City or the County. INDEMNIFICATION AND HOLD HARMLESS: FCDC agrees, as an independent contractor, to indemnify and hold harmless the County and City from any and all claims arising out of FCDC’s or its agent(s) activities in the performance of this Agreement. NOTICE: When any provision of this agreement requires a written notice, it shall be deemed to have been validly given if delivered in person, sent by facsimile or sent by registered or certified mail, postage prepaid, to the following: FCDC City of Ottawa Franklin County Attn: FCDC President Attn: City Manager Attn: County Administrator PO Box 580 101 S. Hickory 315 S. Main St. Ottawa, KS 66067 Ottawa, KS 66067 Ottawa, KS 66067 (785) 242-1000 (758) 229-3637 (785) 229-3485 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: This Agreement is to be construed and enforced in accordance with the laws of the State of Kansas. The parties shall abide by all federal, state and local laws, ordinances and regulations, including compliance with applicable nondiscrimination provisions. NOW, THEREFORE, the parties to this Agreement bind themselves, their heirs, successors and assigns to the performance of the terms set forth above and affix their signatures below: City of Ottawa, Kansas Franklin County, Kansas Franklin County Development Council _________________________ _________________________ ____________________________ Mayor Chairperson Chairperson Date: Date: Date: Attest: Attest: Attest: 11.6.23 Agenda Pkt Page #12  FUNDING AGREEMENT Back to Agenda THIS AGREEMENT is entered into by and between City of Ottawa, Kansas, hereinafter called “City,” and the Ottawa Main Street, Inc., D/B/A Ottawa Main Street Association, hereinafter called “OMSA,” for the calendar year 2024. BACKGROUND: The City and OMSA agree, that in the interest of expanding the economic base of the Main Street district in the City of Ottawa they wish to contract with the Ottawa Main Street, Inc., D/B/A Ottawa Main Street Association; a third-party entity, to conduct the following development activities in their interest: a. Coordinate community resources to aid in the retention and expansion of existing commercial businesses and residential development in downtown Ottawa. b. Carry out development activities in harmony with the four key areas identified by the National Main Street Association: Economic Vitality, Design, Promotion, and Organization. c. Work cooperatively with other community organizations to accomplish the shared goals of increasing business, jobs and economic prosperity for the Ottawa community. d. Serve as an advisor to the City for its role in downtown development activity. e. Serve as a conduit for relevant economic data to the City and its development partners. f. Participate, along with other community organizations to conduct internal and external marketing campaigns for downtown Ottawa. g. Conduct other community development activities within the City as appropriate. ADDITIONAL RESPONSIBILITIES: The following additional duties are required by the City as a mechanism for maintaining a funding relationship with OMSA for development services: a. Provide reporting and tracking of OMSA’s activities consisting of the following: 1.) Provide monthly electronic fiscal and activity reports to the City Commission, submitted by the 10th of each month 2.) Provide an annual list of active members, in conjunction with the annual budget submission. 3.) Provide a quarterly verbal report to the City Commission including financial and activity summaries. b. Conduct an annual planning session which shall include participation by appropriate City leadership. c. Conduct an annual financial review or audit that shall be submitted to the City Commission by June 15, 2024. If a financial review is completed in lieu of an audit, it shall be performed by an independent CPA. d. Prepare and submit a detailed annual budget for the following fiscal year to the City before May 1st, 2024. This budget shall include line item comparisons for revenues and expenditures for the two preceding fiscal years. e. Actively participate in discussions regarding ways to improve efficiency by partnering with other community organizations—CVB, FCDC, Chamber, etc.--and explore ways to reduce duplication of services. TERM: The term of this agreement shall be from January 1, 2024 to December 31, 2024 and may be extended for additional terms upon mutual written consent by the parties hereto. FUNDING: The City agrees to pay $32,000 for the term of this agreement in equal monthly installments for economic and community development services as described above per the following conditions: a. The City retains the authority to withhold monthly payments with 30 days’ written notice to OMSA. Prior to withholding any funds, the City shall notify both the director and President of the Board of OMSA in writing of the concerns leading to such withholding and allow the OMSA Board 30 days to address and remedy any violation of this agreement that would disqualify their receipt of continued funding. 11.6.23 Agenda Pkt Page #13  b. Should the City choose to discontinue funding before the completion of this contract term, it shall have the right to be repaid any City funds remaining in OMSA accounts, including any reserve contributions, based on a pro-rated portion of those funds paid into the OMSA accounts during that fiscal year only. CONFIDENTIALITY: All parties involved in this agreement understand and agree that information related to economic development activity is of a sensitive nature and should be treated with confidentiality where appropriate. All parties also agree that any confidential information discussed regarding development activity shall not be used for any personal or professional profit. AMENDMENTS AND ADDENDUMS: This Agreement may be amended at any time upon mutual written agreement by all parties. The parties may also agree to contract for the provision of additional services such as marketing or grant writing as an addendum to this Agreement. Such additional agreements shall be in writing and appended to this document. RELATIONSHIP: It is understood and agreed that OMSA, its officers, employees, agents and assigns are engaged and retained as independent contractors and not as officers, agents or employees of the City and that OMSA has no authority to bind the City. OUTSIDE CONTRACTS: Nothing in this Agreement shall prohibit OMSA or its director from contracting with other community groups to provide cooperative services. OMSA shall keep all funds from such activities separate in its budget and financial reports to the City shall transparently detail how City funds are utilized during the year. Further, OMSA expressly agrees that such activities shall not impair its duties under this Agreement and in no way shall cause liability for the City. INDEMNIFICATION AND HOLD HARMLESS: OMSA agrees, as an independent contractor, to indemnify and hold harmless the City from any and all claims arising out of OMSA’s or its agent(s) activities in the performance of this Agreement or any other activity. NOTICE: When any provision of this agreement requires a written notice, it shall be deemed to have been validly given if delivered in person, sent by facsimile or sent by registered or certified mail, postage prepaid, to the following: OMSA City of Ottawa Attn: Director and/or President of the Board Attn: City Manager P.O. Box 1061 101 S. Hickory Ottawa, KS 66067 Ottawa, KS 66067 (785) 242-1000 (758) 229-3637 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: This Agreement is to be construed and enforced in accordance with the laws of the State of Kansas. The parties shall abide by all federal, state and local laws, ordinances and regulations, including compliance with applicable nondiscrimination provisions. NOW, THEREFORE, the parties to this Agreement bind themselves, their heirs, successors and assigns to the performance of the terms set forth above and affix their signatures below: City of Ottawa, Kansas Ottawa Main Street, Inc. Mayor Chairperson Date: Date: Attest: Attest: 11.6.23 Agenda Pkt Page #14  Back to Agenda FUNDING AGREEMENT THIS AGREEMENT is entered into by and between City of Ottawa, Kansas, hereinafter called “City,” and the Elizabeth Layton Center, Inc. hereinafter called “ELC,” for the calendar year 2024. BACKGROUND: The City and ELC agree, that in the interest of providing quality and effective mental health services to the residents of the City of Ottawa they wish to contract with ELC; a third-party entity, to help provide the following services: a. Provide timely, effective and comprehensive behavioral health services to the residents of Franklin County. b. Assist the residents of Franklin County to improve quality of life and mental health recovery. c. Work cooperatively with other community organizations to accomplish the shared goals of improving mental health, treating mental illness, and helping people live healthy and productive lives. d. Serve as a partner in the Franklin County Crisis Intervention Team, assisting city law enforcement on behalf of those facing mental health crises. ADDITIONAL RESPONSIBILITIES: The following additional duties are required by the City as a mechanism for maintaining a funding relationship with ELC for the above services: a. Provide a verbal report of organizational activity and/or financials to the City Commission upon request. b. Conduct an annual financial review or audit that shall be made available to the City Commission upon request. If a financial review is completed in lieu of an audit, it shall be performed by an independent CPA. TERM: The term of this agreement shall be from January 1, 2024 to December 31, 2024 and may be extended for additional annual terms upon mutual written consent by the parties hereto. FUNDING: The City agrees to pay $7,097 annually in equal monthly installments for the services as described above per the following conditions: a. The City retains the authority to withhold monthly payments with 30 days’ written notice to ELC. Prior to withholding any funds, the City shall notify the director of ELC and the president of the board of trustees in writing of the concerns regarding such withholding and allow the ELC Board 30 days to address and remedy any violation of this agreement that would disqualify their receipt of continued funding. b. Should the City choose to discontinue funding before the completion of this contract term, it shall have the right to be repaid any City funds remaining in ELC accounts, including any reserve contributions, based on a pro-rated portion of those funds paid into the ELC accounts during that fiscal year only. c. All funds paid by the City must be used for providing the above services within the boundaries of Franklin County, Kansas. CONFIDENTIALITY: All parties involved in this agreement understand and agree that information related to the provision of medical services is of a sensitive nature and should be treated with confidentiality where required and appropriate. All parties also agree that any confidential information discussed regarding the above services shall not be used for any personal or professional profit. 11.6.23 Agenda Pkt Page #15 AMENDMENTS AND ADDENDUMS: This Agreement may be amended at any time upon mutual written agreement by all parties. The parties may also agree to contract for the provision of additional services as an addendum to this Agreement. Such additional agreements shall be in writing and appended to this document. RELATIONSHIP: It is understood and agreed that ELC, its officers, employees, agents and assigns are engaged and retained as independent contractors and not as officers, agents or employees of the City and that ELC has no authority to bind the City. INDEMNIFICATION AND HOLD HARMLESS: ELC agrees, as an independent contractor, to indemnify and hold harmless the City from any and all claims arising out of ELC’s or its agent(s) activities in the performance of this Agreement. NOTICE: When any provision of this agreement requires a written notice, it shall be deemed to have been validly given if delivered in person, sent by facsimile or sent by registered or certified mail, postage prepaid, to the following: City of Ottawa ELC Attn: City Manager Attn: Director 101 S. Hickory 2537 Eisenhower Rd Ottawa, KS 66067 PO Box 677 (785) 229-3637 Ottawa, KS 66067 (785) 242-3780 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: This Agreement is to be construed and enforced in accordance with the laws of the State of Kansas. The parties shall abide by all federal, state and local laws of the State of Kansas. The parties shall abide by all federal, state and local laws, ordinances and regulations, including compliance with applicable nondiscrimination provisions. NOW, THEREFORE, the parties to this Agreement bind themselves, their heirs, successors and assigns to the performance of the terms set forth above and affix their signatures below: City of Ottawa, Kansas Elizabeth Layton Center, Inc. Mayor Director Date: Date: Attest: Attest: 11.6.23 Agenda Pkt Page #16  MEMORANDUM Back to Agenda TO: BRIAN SILCOTT AND THE HONORABLE CITY COMMISSION FROM: MELISSA REED, CITY CLERK MELANIE LANDIS, FINANCE DIRECTOR SUBJECT: 2024 BUDGET REQUESTS (1100 COMMUNITY SERVICE FUND) DATE: MAY 17, 2023 This fund supports community service/programming requested annually by other agencies. Revenue is generated by transfers from the water, electric, wastewater, and the General Fund. City of Ottawa 2024 BUDGET REQUESTS SUMMARY 101 S. Hickory Ottawa, KS 66067 785.229.3600 www.ottawaks.gov FUNDING SUPPORT Below is a table of all budgeted fund allocations from 2013 to 2023. Overall, this fund has requested an increase of 4.86% over the FY 2023 budget. 11.6.23 Agenda Pkt Page #17  Community Partner Funding Request for Fiscal Year 2024 Fiscal Year 2024 The City of Ottawa utilizes Community Partner funds as an opportunity to partner with local organizations to deliver services that align with the City’s objectives. Community Partners are invited to apply for and request appropriations through the annual budget process. The new application process is a way to ensure transparency and fairness in the review and allocation of funds. Funding is limited and subject to budget availability with final approval by the City Commission. Applicants are not guaranteed to be awarded funds. Also, successful applications may be funded for less than the amount requested based on available funding. Application Process and Timeline Funding applications will be reviewed by City Staff and provided to the City Commission for review and final approval. Applicants are invited to answer questions from the City Commission on Monday, May 22, 2023 at 4:00 pm. The review and award process are expected to progress according to the following schedule: March 14, 2023: Applications released April 28, 2023: Application submission deadline May 22, 2023: Review by City Commission September 6, 2023: Governing Body holds public hearing regarding FY 2024 City Budget 11.6.23 Agenda Pkt Page #18  Back to Agenda Prairie Paws Animal Shelter (PPAS) 011-5-1100-511.00 The 2024 Funding Request is attached behind this introduction sheet. The City of Ottawa has built a firm relationship with PPAS with routine funding between the two organizations for services provided. Below is a table outlining the last eleven years of funding from the City of Ottawa to PPAS. The 2024 request of $62,400 is not an increase over FY 2023’s budgeted funds of $62,400. The allocation amount for PPAS has had a total increase from 2013 to 2023 of 37.02% increase or $16,860. 11.6.23 Agenda Pkt Page #19 Mayor’s Christmas Tree 011-5-1100-558.90 The 2024 Funding Request is submitted by Staff. This line has historically been used to give back to the Ottawa community through donations to local non-profits around Christmas time each year. These non-profits help make Christmas impactful for families in our community that may need an extra hand up in that particular year. Below is a table outlining the last eleven years of funding from the City of Ottawa to the Mayor’s Christmas Tree Fund. The 2024 request of $3,000.00 is not an increase over FY2023's budgeted funds of $3,000. 11.6.23 Agenda Pkt Page #20 Veteran’s Day Support Back to Agenda 011-5-1100-564.00 The 2024 Funding Request is attached behind this introduction sheet. This line has historically been used to support the Veteran’s Day Parade and other community celebratory events that are put on to honor Veteran’s in our community. Below is a table outlining the last eleven years of funding from the City of Ottawa to the Veteran’s Day Support Fund. The 2024 request of $1,000.00 is a continuation of this funding line. This fund has stayed flat from 2013- forward. 11.6.23 Agenda Pkt Page #21 City Band Support 011-5-1100-569.00 The 2024 Funding Request is attached behind this introduction sheet. The City has maintained a strong relationship with The City Band. Funding allocations have taken place routinely (with the except of 2021 due to the COVID-19 pandemic) from 2013 to 2023. Below is a table outlining the last eleven years of funding from the City of Ottawa to the City Band Support Fund. The 2024 request of $4,865 is not an increase over FY2023's budgeted funds of $4,865. The allocation for The City Band has had a total increase from 2013 to 2023 of 44.70% or $1,503. 11.6.23 Agenda Pkt Page #22 Economic Development Back to Agenda Franklin County Development Council (FCDC) 011-5-1100-572.00 The 2024 Funding Request is attached behind this introduction sheet. The City has maintained a strong and mutually beneficial relationship with the Franklin County Development Council since 2013. Below is a table outlining the last eleven years of funding from the City of Ottawa to FCDC. The 2024 request of $67,593 is an increase of 4.99% increase or $3,218 over FY2023's budgeted funds of $64,375. This is an even three way split between Ottawa, Franklin County, and membership dues. The allocation amount for FCDC has had a total increase from 2013 to 2023 of 12.65% increase or $7,593. 11.6.23 Agenda Pkt Page #23 Downtown Development Ottawa Main Street Association (OMSA) 011-5-1100-577.00 The 2024 Funding Request from Ottawa Main Street Association (OMSA) is attached behind this introduction sheet. Below is a table outlining the last eleven years of funding from the City of Ottawa to OMSA. The current request of $32,000 remains the same for the last few years. In 2022 the $2,000 increase was due to the allocation of a annual $2,000 donation for corner decorations being moved to this fund. 11.6.23 Agenda Pkt Page #24 Donation to Ottawa Fireworks Back to Agenda 011-5-1100-578.00 The 2024 Funding Request is attached behind this introduction sheet. This line has historically been used to support the Independence Day Celebration for the Ottawa community. Below is a table outlining the last eleven years of funding from the City of Ottawa to the Ottawa Fireworks. The current request of $3,500 is a not an increase over FY2023's budgeted funds of $3,500. The allocation for Ottawa Fireworks has had a total increase from 2013 to 2023 of 30.43% or $700. 11.6.23 Agenda Pkt Page #25 Mental Health Awareness Elizabeth Layton Center (ELC) 011-5-1100-584.00 The 2024 Funding Request from Elizabeth Layton Center (ELC) is attached behind this introduction sheet. The City has maintained a good standing relationship with the ELC. Below is a table outlining the last eleven years of funding from the City of Ottawa to ELC. The 2024 request of $7,097 is an increase of 3% increase or $207 over FY 2023’s budgeted funds of $6,890 The allocation amount for ELC has had a total increase from 2016 to 2023 of 175.6% increase or $4,390. 11.6.23 Agenda Pkt Page #26  Agenda Item: II.B. Back to Agenda City of Ottawa City Commission Meeting November 6, 2023 TO: City Commission SUBJECT: Fiber RFP Recommendation INITIATED BY: Paul Sommer - IT Director AGENDA: New Business Background: On July 24th, 2023 the Governing Body authorized staff to develop an RFP for the divestment of assets related to the Municipal Broadband Utility Infrastructure. The City of Ottawa issued an RFP on September 22nd seeking proposals to purchase its municipal fiber optic network for use in building out a fiber to the home network to serve the citizens of the community. The RFP deadline was October 20th, 2023 and proposals were received from two companies, Vyve and KwiKom. The City of Ottawa would like to thank Vyve and KwiKom for their proposals in response to the RFP for a fiber to the home network. City staff were impressed with the quality of both proposals, and it was clear that both Vyve and KwiKom have a deep commitment to the local community. We appreciate both Vyve and KwiKom willingness to participate in this process, and we look forward to working with both companies in the future. Evaluation Criteria: • Purchase Price o Vyve: $1,200,000 o KwiKom: $1,260,000 • Construction Plan o Vyve: Hybrid Fiber-Coax (HFC) o KwiKom: Fiber to the home build • Leasing back Fiber in Use o Vyve: 3-5-year agreement at $1,500/month o KwiKom: Lease back to the City of Ottawa one pair of dark fiber strands, included in the Purchased Assets and that are presently used to provide service to City owned and operated buildings, for the purposes of continuing the operations of City business. The dark fiber strands would be leased at no charge in exchange for the lease of twenty-four (24) dark fiber strands on the City’s retained fiber route running between the substations. • Financial Health and Ownership 11.6.23 Agenda Pkt Page #27  o Vyve: Acceptable o KwiKom: Acceptable • Customer Service Scores o Vyve: Acceptable o KwiKom: Acceptable • Community Presence and Office o Vyve: Long time presence in the community. o KwiKom: Hiring local contractors and plans to have an office in Ottawa. Analysis: After careful consideration, city staff recommend the governing body reject both proposals. Neither proposal fully meets the objectives of the city, and staff believe that it is in the best interest of the city not to move forward with either submission. • Purchase Price: Both companies provided very strong offers that fell in line very closely with expectations by city staff. • Construction Plan: Expectations of the RFP were for a true fiber to the home build. Vyve’s RFP doesn’t fully meet expectations of the RFP. KwiKom build out is a true fiber to the home build and does meet expectations of the RFP. • Leasing back Fiber in Use: Vyve’s lease back offering does allow city and anchor institutions to retain use of fiber, but $1,500 per month and only a 3-5-year contract is cost prohibitive and doesn’t offer long-term stability for city and anchor institutions. KwiKom’s lease offering is for 10 years and no monetary cost to the city but it doesn’t satisfy the RFP’s goal of city and anchor institutions retaining use of all current fiber in use on the network. Additionally, the trade for 24 dark fiber strands in-between substations is not agreeable to the city. • Financial Health and Ownership: No issues here. • Customer Service Scores: No issues here. • Community Presence and Office: Both companies have a commitment to the community. Financial Considerations: There are not financial costs associated with the rejection of all bids. Legal Considerations: Approve as to Form Recommended/Action: It is recommended the City Commission reject both proposals. 11.6.23 Agenda Pkt Page #28