City Commission

OTTAWA CITY COMMISSION REGULAR MEETING AGENDA Wednesday, January 3, 2024 - 7:00 pm Ottawa City Hall - 101 S. Hickory In accordance with Kansas Open Meetings Act (KOMA), the Citizens may in person, via Zoom or submit comments (300 meeting can be viewed live on Channel 23 and via Facebook Live words or less) for the City Commission to be read during public or listened to by dialing: 1-312-626-6799 and entering meeting comment or during discussion on an agenda item. ID 979 6273 3505#. To view on YouTube: https:// To submit your comment or request the meeting Zoom link to www.youtube.com/@ottawaksgov give a public comment, email publiccomments@ottawaks.gov If you need this information in another format or require a no later than 4:00 pm on January 3, 2024; all emails must reasonable accommodation to attend this meeting, contact the include your name and address. Participants who generate City’s ADA Coordinator at 785-229-3621. Please provide advance unwanted or distracting noises may be muted by the meeting notice of at least two (2) working days. TTY users please call 711. host. If this happens, unmute yourself when you wish to speak. I. CALL TO ORDER II. ROLL CALL ____ Crowley ____ Skidmore ____ Graves ____ Caylor ____ Clayton III. WELCOME IV. PLEDGE OF ALLEGIANCE V. INVOCATION VI. 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 information purposes only. The Governing Body will take comments under advisement. VII. APPOINTMENTS, PROCLAMATIONS, RECOGNITIONS, NOMINATIONS, AND PUBLIC HEARINGS VIII. CONSENT AGENDA A. Minutes (Pp. 3 - 8) 1. December 18, Study Session 2. December 20, Regular Meeting B. Agenda Approval Motion: __________ Second: __________ Vote: __________ IX. DECLARATION At this time, I’d like to give the Commissioners a chance to declare any conflict or communication they’ve had that might influence their ability to consider today’s issues impartially. X. UNFINISHED BUSINESS XI. NEW BUSINESS A. Federal Aviation Administration Disadvantaged Business Enterprises Program - Public Works Director Haeffele (Pp. 9 - 40) Comments: It is the policy of the City of Ottawa to ensure that DBEs as defined in Part 26, have an equal opportunity to receive and participate in Department of Transportation assisted contracts. Motion: __________ Second: __________ Vote: __________ 1.03.24 Meeting Agenda Pkt Page #1  B. Discussion on the Selection of Mayor & Mayor Pro Tem for 2024 - City Attorney Finch (Pp. 41 - 43) Comments: Discuss the process and determine meeting date for selection of Mayor and Mayor Pro Tem Motion: __________ Second: __________ Vote: __________ XII. COMMENTS BY CITY MANAGER XIII. COMMENTS BY GOVERNING BODY XIV. ANNOUNCEMENTS A. January Meetings 1. January 10, 2024 4:00 pm, City Hall 2. January 17, 2024 10:00 am, City Hall 3. January 24, 2024 4:00 pm, City Hall B. January 24, 2024 League of Kansas Municipalities Local Government Day - 2:30 pm, The Beacon, Topeka C. January 25, 2024 Chamber Annual Awards and Banquet - 5:15 pm, Ottawa University Schendel Conference Center XV. ADJOURN 1.03.24 Meeting Agenda Pkt Page #2  Back to Agenda Study Session Minutes Ottawa, Kansas Minutes of December 18, 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, and Commissioner Graves. Mayor Crowley called the meeting to order. Commissioner Clayton arrived at 4:19 pm. Public Comments No public comments were received. Minutes to Review The Governing Body reviewed minutes from the December 6, 2023 Regular Meeting and the December 11, 2023 Study Session. The Governing Body agreed by consensus to place these items on the next Regular Meeting agenda on December 20, 2023. Continued Discussion Regarding Common Consumption District on Main Street The Governing Body continued the discussion on establishing a common consumption district. Key points were presented by Ottawa Main Street Director Sara Stauffer and City Attorney Blaine Finch, covering the following topics: • A consensus was reached to institute a formalized process for issuing permits to open the common consumption area. • Deliberation took place regarding potential boundaries for the common consumption district. • The discussion included considerations for the hours during which the common consumption area would be operational. • The need to establish specific days of the week and corresponding times for the common consumption area was thoroughly explored. Following careful consideration, the Governing Body directed staff to prepare a draft ordinance containing proposed changes. This draft will be presented for review during the upcoming study session. Ordinance Amending Specific Sections of Municipal Code Concerning Fees for Registration of Dogs The Governing Body reviewed an ordinance for changes to the dog licensing related to Section 3- 33 Municipal code. After discussion, the Governing Body agreed by consensus to place this item on the next Regular Meeting on December 20, 2023. Continued Discussion on Distribution of Donation to Mayor’s Christmas Tree Fund The Governing Body continued the discussion on the generous donation of $2,000 received from the Cosentino family. After discussion, the Governing Body agreed by consensus to donate $1,000 to ECKAN and $1,000 to Hope House. 1.03.24 Meeting Agenda Pkt Page #3 City Manager's Comments City Manager Brian Silcott updated the Governing Body on the upcoming agenda items. Governing Body Comments No comments were given. Announcements A. December 20, 2023 – Regular Meeting – 10:00 am, City Hall B. December 22, 2023 – Retirement Reception for Fire Chief Tim Matthias – 2:00 – 4:00 pm, Fire Station #1 C. December 25, 2023 – Christmas Holiday – Study Session CANCELLED, City Hall CLOSED D. January 1, 2024 – New Year’s Day Holiday – Study Session CANCELLED, City Hall CLOSED Adjournment There being no further business to come before the Governing Body, the Mayor declared the meeting duly adjourned at 4:50 p.m. _________________________ Melissa Reed, City Clerk 1.03.24 Meeting Agenda Pkt Page #4  Back to Agenda Regular Meeting Minutes City Hall Minutes of December 20, 2023 The Governing Body met at 10:00 a.m. on this date for the Regular City Commission Meeting with the following members present and participating to wit: Mayor Crowley, Mayor Pro Tem Skidmore, Commissioner Caylor, Commissioner Clayton, and Commissioner Graves. Mayor Crowley called the meeting to order. The Mayor welcomed the audience and led the Pledge of Allegiance to the American flag. Mayor Pro Tem Skidmore gave the invocation. Consent Agenda Commissioner Graves made a motion, seconded by Commissioner Clayton, to approve this consent agenda to include minutes from the November 20, 2023 Regular Meeting, December 4, 2023 Study Session, December 6, 2023 Regular Meeting and December 11, 2023 Study Session; applications for the 2024 cereal malt beverage license and the Regular Meeting agenda. The motion was considered, and upon being put, all present voted aye. The Mayor declared the consent agenda duly approved. Public Comments No public comments were received. Declaration No declaration was made. Donation from Cosentino’s Price Chopper to the Mayor’s Christmas Tree Fund The Governing Body received a generous donation of $2,000.00 from the Cosentino family as a passthrough donation to assist those in need in Ottawa. The Commission selected two agencies to receive funds from the donation. Korrie Snell from East Central Kansas Economic Opportunity Corporation (ECKAN) and Janet Slifer from Hope House accepted the donation and thanked the Governing Body for their support. Presentation of Retirement Plaque to Fire Chief Tim Matthias The Governing Body heard from City Manager Brian Silcott, who provided a history of Chief Tim Matthias 27 years of service with the City of Ottawa and presented Chief Matthias with a retirement plaque. Chief Matthias thanked the Governing Body for the recognition. Ordinance Amending Specific Sections of Municipal Code Concerning Fees for Registration of Dogs The Governing Body reviewed an ordinance for changes to the dog licensing related to Section 3-33 Municipal code. • Upon recommendation to the Governing Body from contractor Prairie Paws Animal Shelter at the December 11 and December 18, 2023 study sessions, staff have reviewed the dog licensing requirements and the ordinance was prepared by city legal counsel. 1.03.24 Meeting Agenda Pkt Page #5  • Proposing an exemption option if pets are spay/neutered, microchipped and vaccinated (Rabies) • Certificate of exemption would be issued if pet met conditions • Allows up to a $5 administration fee for program administration Commissioner Clayton made a motion, seconded by Commissioner Graves, to approve this ordinance. The motion was considered and upon being put, all present voted aye. The Mayor declared this ordinance duly approved, and the ordinance was duly numbered Ordinance No. 4126-23. Ottawa Municipal Airport Master Plan The Governing Body heard from Director of Public Works Michael Haeffele, who reviewed the airport master plan update and included the following: • Every ten years GA Airports must submit a master plan that outlines potential projects that will qualify for federal funding • Updates to the master plan are completed annually which start with the Airport Board • Some of the projects included in the master plan include taxiway lighting, rehabilitating the taxiway, runway 18 obstruction removal, construction connecting taxiway, upgrading AWOS, and constructing wind cone with a segmented circle Mayor Pro Tem Skidmore made a motion, seconded by Commissioner Caylor, to approve the airport master plan. The motion was considered and upon being put, all present voted aye. The Mayor declared the airport master plan duly approved. Ordinance Providing for the Regulation of Vehicular and Pedestrian Traffic and Removing the No Parking Zone on South Poplar Street Between 5th and 6th Streets The Governing Body heard from Police Chief Adam Weingartner, who reviewed a proposed ordinance which would amend Section 12-317 of Municipal Code and included the following: • Parking is currently restricted in the 500 block of S. Poplar dating back to the former use of the building on the east side of the block as an elementary school • Building is now used by Grace Community Fellowship which has different parking needs from an elementary school • Ordinance would allow parking on S. Poplar and would help meet the needs of the church for parking during Sunday services without burdening the City or without converting any grass areas to pavement which would negatively impact stormwater Commissioner Caylor made a motion, seconded by Commissioner Clayton, to approve this ordinance. The motion was considered and upon being put, all present voted aye. The Mayor declared this ordinance duly approved, and the ordinance was duly numbered Ordinance No. 4127-23. Charter Ordinance Amending Charter Ordinance 2015-20 to Change the Commencement Date for Ottawa City Commissioner Term of Office 1.03.24 Meeting Agenda Pkt Page #6 The Governing Body heard from City Attorney Blaine Finch, who presented a charter ordinance to change the commencement date for the Ottawa City Commissioner term of office and included: • The Governing Body requested that the commencement date be earlier than the current January timeline • Revisions to the commencement date need to be established by a charter ordinance • The new ordinance proposed commencement date being the first week in December • Charter ordinance requires a waiting period of 61 days after publication Commissioner Clayton made a motion, seconded by Commissioner Graves, to adopt the Charter Ordinance. The motion was considered and upon being put, all present voted aye. The Mayor declared the charter ordinance duly adopted and the charter ordinance was numbered Charter Ordinance No. 22-23. Capital Projects Updates The Governing Body heard from City Manager Brian Silcott, who provided an update on current capital projects. Golf Course The Governing Body heard from City Manager Brian Silcott, who stated the City had received notice of the 2023 property valuation notice for the 2024 fiscal year. The appraised value has increased from $575,030 ($140,818 assessed valuation) in 2022 to $1,864,650 ($463,207 assessed valuation) in 2023. This 224.27% increase equates to a dollar value increase of $1,289,620. This is remarkable given that in one year, without any improvements and a conveyance from commercial usage as a country club to a municipal not-for-profit function as a golf course/park/open space. City Attorney Blaine Finch recommended that the City Commission authorize the Mayor, City Manager, City Attorney and Director of Finance to convey the property deed for 1001 E. Logan, Ottawa Golf Course, to the City of Ottawa, Kansas Land Bank and to execute all actions necessary to complete this action. Commissioner Caylor made a motion, seconded by Mayor Pro Tem Skidmore, to convey the Ottawa Golf Course at 1001 E Logan St to the City of Ottawa Land Bank as a gift and to authorize the Mayor and staff to execute and record all necessary documents to affect the transfer. The motion was considered and upon being put, all present voted aye. The Mayor declared the charter ordinance duly adopted and the charter ordinance was numbered Charter Ordinance No. 22-23. City Manager’s Comments City Manager Brian Silcott reminded the community of the retirement reception for Fire Chief Tim Matthias Friday, December 22, from 2 to 4 pm at Fire Station 1. Governing Body Comments Commissioner Caylor encouraged the public to stay informed by reviewing the capital 1.03.24 Meeting Agenda Pkt Page #7 project update to stay abreast of current developments in the City. Additionally, Commissioner Caylor expressed gratitude to the City for hosting the employee breakfast. Further appreciation was extended to Fire Chief Matthias and his family for their unwavering dedication and commitment to service. Commissioner Clayton also addressed the impact of tax season, noting that the City is not immune to the effects of the increase. Announcements Mayor Crowley made the following announcements: A. December 22, 2023 Retirement Reception for Fire Chief Tim Matthias – 2:00 - 4:00 pm, Fire Station 1 B. December 25, 2023 Christmas Holiday – Study Session Cancelled, City Hall Closed C. January 1, 2024 New Year’s Day Holiday – Study Session Cancelled, City Hall Closed D. January 3, 2024 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 10:45 a.m. Melissa Reed, City Clerk 1.03.24 Meeting Agenda Pkt Page #8  Back to Agenda Agenda Item: XI.A City of Ottawa City Commission Regular Meeting January 3, 2024 TO: Mayor and City Commission SUBJECT: FAA Disadvantaged Business Enterprises (DBE) INITIATED BY: Michael Haeffele, Public Works Director AGENDA: New Business Recommendation: It is recommended that the City Commission consider the proposed Disadvantaged Business Enterprise (DBE) policy at the January 3, 2024, regular meeting, or discuss and consider at the January 10th regular meeting. Background: The City of Ottawa has established a Disadvantaged Business Enterprise (DBE) Program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The City of Ottawa has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the City of Ottawa has signed an assurance that it will comply with 49 CFR Part 26. Anytime an FAA grant is being pursued, the applying organization must have an approved DBE policy in place to ensure fair bidding practices are being followed. With the parallel taxiway project coming up next, our policy is out of compliance and therefore needs to be renewed. Analysis: This DBE policy keeps us in compliance with the FAA. Without an up-to-date policy, the City of Ottawa will not be eligible for any FAA funded grants. There is no direct cost with adopting this policy, however; without it, the City of Ottawa will not be able to receive any funding from the FAA. This policy statement defines terms, conditions, and record keeping requirements of the City as a recipient of Federal airport funds authorized under 49 U.S.C. 47101 et seq. The City of Ottawa will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the City of Ottawa will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. It is the policy of the City of Ottawa to ensure that DBEs as defined in Part 26, have an equal opportunity to receive and participate in DOT–assisted contracts. It is also our policy: 1.03.24 Meeting Agenda Pkt Page #9 1. To ensure nondiscrimination in the award and administration of DOT – assisted contracts; 2. To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT assisted contracts; 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program. Michael Haeffele, the Director of Public Works, has been delegated as the DBE Liaison Officer. In that capacity, the Ottawa Public Works Director is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the City of Ottawa in its financial assistance agreements with the Department of Transportation. Once adopted by the City Commission, the City of Ottawa will formally disseminate this policy statement to the Ottawa Municipal Airport, the Ottawa City Commission, and all of the components of our organization. We have distributed this statement to DBE and non-DBE business communities that perform work for us on DOT-assisted contracts. Financial Considerations: Adoption of this policy is required for eligibility to receive Federal airport funds authorized under 49 U.S.C. 47101 et seq. Without a current DBE policy, the City will have to fully fund any projects at the airport. Legal Considerations: Approve as to form. Recommendation/Action: It is recommended that the City Commission adopt the proposed Disadvantaged Business Enterprise (DBE) policy. Attachments: XI.A.1 Disadvantaged Business Enterprise Policy (30 pp) 1.03.24 Meeting Agenda Pkt Page #10  Back to Agenda DEPARTMENT OF TRANSPORTATION DBE PROGRAM – 49 CFR PART 26 POLICY STATEMENT Section 26.1, 26.23 Objectives/Policy Statement The City of Ottawa has established a Disadvantaged Business Enterprise (DBE) Program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The City of Ottawa has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the City of Ottawa has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the City of Ottawa to ensure that DBEs as defined in Part 26, have an equal opportunity to receive and participate in DOT–assisted contracts. It is also our policy: 1. To ensure nondiscrimination in the award and administration of DOT – assisted contracts; 2. To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT assisted contracts; 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program. Michael Haeffele, the Director of Public Works, has been delegated as the DBE Liaison Officer. In that capacity, the Ottawa Public Works Director is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the City of Ottawa in its financial assistance agreements with the Department of Transportation. The City of Ottawa has disseminated this policy statement to the Ottawa Municipal Airport, the Ottawa City Commission, and all of the components of our organization. We have distributed this statement to DBE and non-DBE business communities that perform work for us on DOT- assisted contracts. ______________________________________ ________________ Brian Silcott, City Manager Date 1.03.24 Meeting Agenda Pkt Page #11  SUBPART A – GENERAL REQUIREMENTS Section 26.1 Objectives The objectives are found in the policy statement on the first page of this program. Section 26.3 Applicability The City of Ottawa is the recipient of Federal airport funds authorized by 49 U.S.C. 47101, et seq. Section 26.5 Definitions The City of Ottawa will use terms in this program that have the meaning defined in Section 26.5. Section 26.7 Non-discrimination Requirements The City of Ottawa will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the City of Ottawa will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. Section 26.11 Record Keeping Requirements Reporting to DOT: 26.11 We will report DBE participation to DOT/FAA as follows: We will transmit to FAA annually on December 1, the “Uniform Report of DBE Awards or Commitments and Payments” form, found in Appendix B to this part. We will also report the DBE Contractor firms contact information either on the FAA DBE Contractor’s Form or other similar format. Bidders List: 26.11(c) The City of Ottawa will create and maintain a bidders list. The purpose of the list is to provide as accurate data as possible about the universe of DBE and non-DBE contractors and subcontractors who seek to work on our DOT-assisted contracts for use in helping to set our overall goals. The bidders list will include the name, address, DBE and non-DBE status, age of firm, and annual gross receipts of firms. 1.03.24 Meeting Agenda Pkt Page #12 We will collect this information through the summary of bidders information attached obtained in the bidding of the project Section 26.13 Federal Financial Assistance Agreement The City of Ottawa has signed the following assurances, applicable to all DOT-assisted contracts and their administration: Assurance: 26.13(a) - Each financial assistance agreement you sign with a DOT operating administration (or a primary recipient) must include the following assurance: The City of Ottawa shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The City of Ottawa shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The [Recipient’s] DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the City of Ottawa of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq. ). Contract Assurance: 26.13b The City of Ottawa will ensure that the following clause is included in each contract we sign with a contractor and each subcontract the prime contractor signs with a subcontractor: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by the contractor 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 City of Ottawa deems appropriate. 1.03.24 Meeting Agenda Pkt Page #13  Back to Agenda SUBPART B - ADMINISTRATIVE REQUIREMENTS Section 26.21 DBE Program Updates The City of Ottawa will receive grant(s) for airport planning or development totaling $250,000 in a Federal fiscal year. We will continue to carry out this DBE Program until all funds from DOT financial assistance have been expended. We will provide to DOT updates representing significant changes in the program for approval. The City of Ottawa is not eligible to receive DOT financial assistance unless DOT has approved our DBE Program and we are in compliance with it and this part. We will continue to carry out our program until all funds from DOT financial assistance have been expended. Section 26.23 Policy Statement The Policy Statement is elaborated on the first page of this DBE Program. Section 26.25 DBE Liaison Officer (DBELO) We have designated the following individual as our DBE Liaison Officer: Michael Haeffele Director of Public Works City of Ottawa 101 S. Hickory Ottawa, KS 66067 785-229-3630 785-229-3639 (fax) mhaeffele@ottawaks.gov In that capacity, the DBELO is responsible for implementing all aspects of the DBE program and ensuring that the City of Ottawa complies with all provision of 49 CFR Part 26. The DBELO has direct, independent access to the Ottawa Municipal Airport Board and City Manager Richard U. Nienstedt concerning DBE program matters. An organization chart displaying the DBELO’s position in the organization is found in Attachment 2 to this program. The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination with other appropriate officials. The duties and responsibilities include the following: 1. Gathers and reports statistical data and other information as required by DOT. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 3. Works with all departments to set overall annual goals. 4. Ensures that bid notices and requests for proposals are available to DBEs in a timely manner. 1.03.24 Meeting Agenda Pkt Page #14  5. Identifies contracts and procurements so that DBE goals are included in solicitations (both race-neutral methods and contract specific goals) and monitors results. 6. Analyzes the City of Ottawa’s progress toward attainment and identifies ways to improve progress. 7. Participates in pre-bid meetings. 8. Advises the CEO\governing body on DBE matters and achievement. 9. Chairs the DBE Advisory Committee. 10. Determine contractor compliance with good faith efforts. 11. Provides DBEs with information and assistance in preparing bids, obtaining bonding and insurance. 12. Plans and participates in DBE training seminars. 13. Acts as liaison to the Uniform Certification Process in Kansas. 14. Provides outreach to DBEs and community organizations to advise them of opportunities. 15. Maintains the City of Ottawa’s updated directory on certified DBEs. Section 26.27 DBE Financial Institutions It is the policy of the City of Ottawa to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT-assisted contracts to make use of these institutions. Section 26.29 Prompt Payment Mechanisms The City of Ottawa has established, as part of its DBE Program, a contract clause to require prime contractors to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment you make to the prime contractor. We will ensure prompt and full payment of retainage from the prime contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. We will use one of the following methods to comply with this requirement: Hold retainage from prime contractors and provide for prompt and regular incremental acceptances of portions of the prime contract, pay retainage to prime contractors based on these acceptances, and require a contract clause obligating the prime contractor to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within 30 days after your payment to the prime contractor. The City of Ottawa will consider a subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the City of Ottawa. When the City of Ottawa has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. The City of Ottawa will include the following clause in each DOT-assisted prime contract: 1.03.24 Meeting Agenda Pkt Page #15  The prime contractor 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 prime contractor receives from City of Ottawa. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced timeframe may occur only for good cause following written approval of the City of Ottawa. This clause applies to both DBE and non-DBE subcontractors. (1) A contract clause that requires prime contractors to include in their subcontracts language providing that prime contractors and subcontractors will use appropriate alternative dispute resolution mechanisms to resolve payment disputes. You may specify the nature of such mechanisms. (2) A contract clause providing that the prime contractor will not be reimbursed for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed. (3) Other mechanisms, consistent with this part and applicable state and local law, to ensure that DBEs and other contractors are fully and promptly paid. Section 26.31 Directory The City of Ottawa uses the State of Kansas DBE directory, maintained by the State. The directory lists the firm’s name, address, phone number, date of the most recent certification, and the type of work the firm has been certified to perform as a DBE. In addition, the directory lists each type of work for which a firm is eligible to be certified by using the most specific NAICS code available to describe each type of work. The State of Kansas revises the Directory weekly. The Directory may be found at https://kdotapp.ksdot.org/dbecontractorlist/. Section 26.33 Over-concentration The City of Ottawa has not identified that over-concentration exists in the types of work that DBEs perform. Section 26.35 Business Development Programs The City of Ottawa has not established a business development program. Section 26.37 Monitoring and Enforcement Mechanisms The City of Ottawa will take the following monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part 26. 1.03.24 Meeting Agenda Pkt Page #16  Back to Agenda 1. We will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 26.107. 2. We will implement similar action under our own legal authorities, including responsibility determinations in future contracts. Attachment 5 lists the regulation, provisions, and contract remedies available to us in the events of non-compliance with the DBE regulation by a participant in our DBE Program. 3. We will implement a monitoring and enforcement mechanism to ensure that work committed to DBEs at contract award or subsequently (i.e., as the result of modification to the contract) is actually performed by the DBEs to which the work was committed. 4. We will implement a monitoring and enforcement mechanism that will include written certification that we have reviewed contracting records and monitored work sites for this purpose. The monitoring to which this paragraph refers may be conducted in conjunction with monitoring of contract performance for other purposes (e.g., close-out reviews for a contract. 5. We will implement a mechanism that will provide for a running tally of actual DBE attainments (e.g., payment actually made to DBE firms), including a means of comparing these attainments to commitments. In our reports of DBE participation to DOT, we will show both commitments and attainments, as required by the DOT uniform reporting form. Section 26.39 Fostering small business participation. The City of Ottawa has created a Small Business element to structure contracting requirements to facilitate competition by small business concerns, taking all reasonable steps to eliminate obstacles to their participation, including unnecessary and unjustified bundling of contract requirements that may preclude small business participation in procurements as prime contractors or subcontractors. The City of Ottawa’s small business program element is incorporated as Attachment 3 to this DBE Program. We will actively implement the program elements to foster small business participation, doing so is a requirement of good faith implementation of our DBE program. 1.03.24 Meeting Agenda Pkt Page #17  SUBPART C – GOALS, GOOD FAITH EFFORTS, AND COUNTING Section 26.43 Set-asides or Quotas The City of Ottawa does not use quotas in any way in the administration of this DBE program. Section 26.45 Overall Goals The City of Ottawa will establish an overall DBE goal covering a three-year federal fiscal year period if we anticipate awarding FAA funded prime contracts exceeding $250,000 during any one or more of the reporting fiscal years within the three-year goal period. In accordance with Section 26.45(f) the City of Ottawa will submit its Overall Three-year DBE Goal to FAA by August 1 as required by the established schedule below. Date Due Next Goal Due Airport Type Region (Goal Period) (Goal Period) Large & Medium All Regions August 1, 2010 August 1, 2013 Hub Primary (2011/2012/2013) (2014/2015/2016) Small Hub Primary All Regions August 1 2011 August 1, 2014 (2012/2013/2014) (2015/2016/2017) Non-Hub Primary All Regions August 1 2012 August 1, 2015 (2013/2014/2015) (2016/2017/2018) Non-Primary Alaskan, Eastern, August 1 2010 August 1, 2013 (GAs, Relievers & Great Lakes (2011/2012/2013) (2014/2015/2016) and State DOTs) Non-Primary New England, August 1 2011 August 1, 2014 (GAs, Relievers Northwest (2012/2013/2014) (2015/2016/2017) and State DOTs) Mountain, & Southern Non-Primary Central, August 1 2012 August 1, 2015 (GAs, Relievers Southwest, and (2013/2014/2015) (2016/2017/2018) and State DOTs) Western-Pacific DBE goals will be established for those fiscal years we anticipate awarding DOT-assisted prime contracts exceeding $250,000 during the three-year period. The DBE goals will be established in accordance with the 2-step process as specified in 49 CFR Part 26.45. If the City of Ottawa does not anticipate awarding more than $250,000 in DOT-assisted prime contracts during any of the years within the three-year reporting period, we will not develop an overall goal; however this DBE Program will remain in effect and the City of Ottawa will seek to fulfill the objectives outlined in 49 CFR Part 26.1. The first step is to determine the relative availability of DBEs in the market area, “base figure”. The second step is to adjust the “base figure” percentage from Step 1 so that it reflects as accurately as possible the DBE participation the recipient would expect in the absence of discrimination based on past participation, a disparity study and/or information about barriers to entry to past competitiveness of DBEs on projects. 1.03.24 Meeting Agenda Pkt Page #18 In establishing the overall goal, City of Ottawa will consult with minority, women’s and general contractor groups, community organizations, and other officials or organizations to obtain information concerning the availability of disadvantaged and non-disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the [Recipients] efforts to establish a level playing field for the participation of DBEs. Following this consultation, we will publish a notice of the proposed overall goals, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the Ottawa City Hall (101 S. Hickory) for 30 days following the date of the notice, and informing the public that the City of Ottawa and DOT/FAA will accept comments on the goals for 45 days from the date of the notice. Notice will be issued in general circulation media and available minority- focus media and trade publications, websites. Normally, we will issue this notice by June 1 of the reporting period of the goal. The notice will include addresses to which comments may be sent and addresses (including offices and websites) where the proposal may be reviewed. Our Overall Three-Year DBE Goal submission to DOT/FAA will include a summary of information and comments received, if any, during this public participation process and our responses. We will begin using our overall goal on October 1 of the reporting period, unless we have received other instructions from DOT. If we establish a goal on a project basis, we will begin using our goal by the time of the first solicitation for a DOT-assisted contract for the project. A description of the methodology to calculate the overall goal and the goal calculations can be found in Attachment 3 to this program. Section 26.47 Failure to meet overall goals. The City of Ottawa will maintain an approved DBE Program and overall DBE goal, if applicable as well as administer our DBE Program in good faith to be considered to be in compliance with this part. If the City of Ottawa awards and commitments shown on our Uniform Report of Awards or Commitments and Payments at the end of any fiscal year are less than the overall goal applicable to that fiscal year, we will do the following in order to be regarded by the Department as implementing your DBE Program in good faith: (1) Analyze in detail the reasons for the difference between the overall goal and our awards and commitments in that fiscal year; (2) Establish specific steps and milestones to correct the problems we have identified in our analysis and to enable us to meet fully your goal for the new fiscal year; (3) City of Ottawa will submit, within 90 days of the end of the fiscal year, the analysis and corrective actions developed under paragraphs (c) (1) and (2) of this section to the FAA 1.03.24 Meeting Agenda Pkt Page #19  Back to Agenda for approval. (Note: Only to CORE (OEP) Airports. all other airports must retain analysis and corrective actions in records for three years and make it available to FAA on request.) Section 26.51(a-c) Breakout of Estimated Race-Neutral & Race-Conscious Participation The breakout of estimated race-neutral and race-conscious participation can be found in Attachment 3 to this program. Section 26.51(d-g) Contract Goals The City of Ottawa will arrange solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitate participation by DBEs and other small businesses and by making contracts more accessible to small businesses, by means such as those provided under § 26.39.. If our approved projection under paragraph (c) of this section estimates that we can meet our entire overall goal for a given year through race-neutral means, we will implement our program without setting contract goals during that year, unless it becomes necessary in order meet our overall goal. We will establish contract goals only on those DOT-assisted contracts that have subcontracting possibilities. We need not establish a contract goal on every such contract, and the size of contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work, availability of DBEs to perform the particular type of work.) We will express our contract goals as a percentage of the Federal share of a DOT-assisted contract. Section 26.53 Good Faith Efforts Procedures Demonstration of good faith efforts (26.53(a) & (c)) The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in Appendix A to Part 26. Michael Haeffele, the City of Ottawa Public Works Director, is responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as Responsible. We will ensure that all information is complete and accurate and adequately documents the bidder/offeror’s good faith efforts before we commit to the performance of the contract by the bidder/offeror. 1.03.24 Meeting Agenda Pkt Page #20 Information to be submitted (26.53(b)) The City of Ottawa treats bidder/offers’ compliance with good faith efforts' requirements as a matter of responsibility – only the apparent successful bidder will submit the DBE information. Responsibility- Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information within 10 business days of being notified that they are the successful bidders, but before the contract is executed: 1. The names and addresses of DBE firms that will participate in the contract; 2. A description of the work that each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; 5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractors commitment and 6. If the contract goal is not met, evidence of good faith efforts. Administrative reconsideration (26.53(d)) Within 5 business days of being informed by City of Ottawa that it is not responsible because it has not documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing to the following reconsideration official: Michael Haeffele, the City of Ottawa Public Works Director. The reconsideration official will not have played any role in the original determination that the bidder/offeror did not document sufficient good faith efforts. As part of this reconsideration, the bidder/offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with our reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. We will send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation. The reconsideration official shall be: Dan Riney Public Works Director 101 S. Hickory Ottawa, KS 66067 Office Number: 785-229-3632 driney@ottawaks.gov 1.03.24 Meeting Agenda Pkt Page #21  Back to Agenda Good Faith Efforts when a DBE is replaced on a contract (26.53(f)) The City of Ottawa will require a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. We will require the prime contractor to notify the DBE Liaison officer immediately of the DBE’s inability or unwillingness to perform and provide reasonable documentation. In this situation, we will require the prime contractor to obtain our prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. We will provide such written consent only if we agree, for reasons stated in our concurrence document, that the prime contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the following circumstances: (1) The listed DBE subcontractor fails or refuses to execute a written contract; (2) The listed DBE subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards. Provided however, that good cause does not exist if the failure or refusal of the DBE subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the prime contractor; (3) The listed DBE subcontractor fails or refuses to meet the prime contractor’s reasonable, non-discriminatory bond requirements. (4) The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness; (5) The listed DBE subcontractor is ineligible to work on public works projects because of suspension and debarment proceedings pursuant to 2 CFR Parts 180, 215 and 1,200 or applicable state law; (6) We have determined that the listed DBE subcontractor is not a responsible contractor; (7) The listed DBE subcontractor voluntarily withdraws from the project and provides to us written notice of its withdrawal; (8) The listed DBE is ineligible to receive DBE credit for the type of work required; (9) A DBE owner dies or becomes disabled with the result that the listed DBE contractor is unable to complete its work on the contract; (10) Other documented good cause that we have determined compels the termination of the DBE subcontractor. Provided, that good cause does not exist if the prime contractor seeks to terminate a DBE it relied upon to obtain the contract so that the prime contractor can self-perform the work for which the DBE contractor was engaged or so that the prime contractor can substitute another DBE or non-DBE contractor after contract award. Before transmitting to us its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to us, of its intent to request to terminate and/or substitute, and the reason for the request. 1.03.24 Meeting Agenda Pkt Page #22 The prime contractor must give the DBE five days to respond to the prime contractor’s notice and advise us and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why we should not approve the prime contractor’s action. If required in a particular case as a matter of public necessity (e.g., safety), we may provide a response period shorter than five days. In addition to post-award terminations, the provisions of this section apply to pre-award deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements. If the contractor fails or refuses to comply in the time specified, our contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. Sample Bid Specification: The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the City of Ottawa to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a DBE. A DBE contract goal of 6.70 percent [as determined in the goal calculation Attachment 3] has been established for this contract. The bidder/offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26 (attachment 1), to meet the contract goal for DBE participation in the performance of this contract. The bidder/offeror will be required to submit the following information: (1) the names and addresses of DBE firms that will participate in the contract; (2) a description of the work that each DBE firm will perform; (3) the dollar amount of the participation of each DBE firm participating; (4) Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; (5) Written confirmation from the DBE that it is participating in the contract as provided in the commitment made under (4); and (6) if the contract goal is not met, evidence of good faith efforts. Section 26.55 Counting DBE Participation We will count DBE participation toward overall and contract goals as provided in 49 CFR 26.55. We will not count the participation of a DBE subcontract toward a contractor’s final compliance with its DBE obligations on a contract until the amount being counted has actually been paid to the DBE. 1.03.24 Meeting Agenda Pkt Page #23  SUBPART D – CERTIFICATION STANDARDS Section 26.61 – 26.73 Certification Process The City of Ottawa will use the certification standards of Subpart D of Part 26 to determine the eligibility of firms to participate as DBEs in DOT-assisted contracts. To be certified as a DBE, a firm must meet all certification eligibility standards. We will make our certification decisions based on the facts as a whole. For information about the certification process or to apply for certification, firms should contact the Kansas Department of Transportation Office of Civil Rights. 1.03.24 Meeting Agenda Pkt Page #24  Back to Agenda SUBPART E – CERTIFICATION PROCEDURES Section 26.81 Unified Certification Programs At this time, the State of Kansas Department of Transportation (KDOT) maintains a certification program known as the Kansas Statewide Certification Program. The Ottawa Municipal Airport will use and endorse this program. The manual can be found at: https://kdotapp.ksdot.org/dbecontractorlist/. 1.03.24 Meeting Agenda Pkt Page #25  SUBPART F – COMPLIANCE AND ENFORCEMENT Section 26.109 Information, Confidentiality, Cooperation We will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state, and local law. Notwithstanding any provision of Federal or state law, we will not release any information that may reasonably be construed as confidential business information to any third party without the written consent of the firm that submitted the information. This includes applications for DBE certification and supporting information. However, we will must transmit this information to DOT in any certification appeal proceeding under § 26.89 of this part or to any other state to which the individual’s firm has applied for certification under § 26.85 of this part. Monitoring Payments to DBEs We will require prime contractors to maintain records and documents of payments to DBEs for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the City of Ottawa, FAA or DOT. This reporting requirement also extends to any certified DBE subcontractor. We will perform interim audits of contract payments to DBEs. The audit will review payments to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. 1.03.24 Meeting Agenda Pkt Page #26 ATTACHMENTS Attachment 1 Regulations: 49 CFR Part 26 and DBE Directory website link Attachment 2 Organizational Chart Attachment 3 Overall Goal Calculations Attachment 4 Demonstration of Good Faith Efforts or Good Faith Effort Plan - Form 1 & 2 Attachment 5 DBE Monitoring and Enforcement Mechanisms Attachment 6 DBE Certification Application Form Attachment 7 Small Business Element Program 1.03.24 Meeting Agenda Pkt Page #27  Back to Agenda ATTACHMENT 1 The 49 CFR Part 26 Regulations are located at the following website: https://www.ecfr.gov/cgi-bin/text idx?region=DIV1;type=boolean;q1=dbe;rgn1=Section%20Heading;op2=and;rgn 2=Section;op3=and;rgn3=Section;node=49%3A1.0.1.1.20;rgn=div5 The KDOT directory of Construction Disadvantaged Business Enterprises is located at the following website: https://kdotapp.ksdot.org/dbecontractorlist/. 1.03.24 Meeting Agenda Pkt Page #28  ATTACHMENT 2 Organizational Chart 1.03.24 Meeting Agenda Pkt Page #29  ATTACHMENT 3 Section 26.45: Overall DBE Three-Year Goal Methodology Name of Recipient: The City of Ottawa, Kansas Goal Period: FY-2024-2025-2026 – October 1, 2023 through September 30, 2026 DOT-assisted contract amount: FY-2024: $0 FY-2025: $3,250,000 FY-2026: $0 Total: $3,250,000 Overall Three-Year Goal: 6.70%, to be accomplished through 6.70% RC and 0% RN Total dollar amount to be expended on DBE’s: $217,750.00 Describe the Number and Type of Projects that the airport anticipates awarding: Projects Fiscal Year 2024: No Project Projects Fiscal Year 2025: Parallel Taxiway Reconstruction Projects Fiscal Year 2026: No Project Market Area: Any Kansas Firm that specifies their work area as “statewide and firms located within 100 miles of Ottawa. That includes the following: Kansas Counties: Allen, Anderson, Atchison, Bourbon, Brown, Butler, Chase, Cherokee, Coffey, Crawford, Dickinson, Doniphan, Douglas, Elk, Franklin, Geary, Greenwood, Jackson, Jefferson, Johnson, Labette, Leavenworth, Linn, Lyon, Marion, Marshal, Miami, Montgomery, Morris, Nemaha, Osage, Pottawatomie, Riley, Shawnee, Wabaunsee, Wilson, Woodson, and Wyandotte (38 total counties). Missouri Counties: Andrew, Barton, Bates, Benton, Buchanan, Caldwell, Carroll, Cass, Cedar, Clay, Clinton, Dade, DeKalb, Henry, Hickory, Holt, Jackson, Jasper, Johnson, Lafayette, Lawrence, Newton, Pettis, Platte, Polk, Ray, Saint Clair, Saline, and Vernon (29 total counties). 1.03.24 Meeting Agenda Pkt Page #30  Back to Agenda Step 1. Analysis: Actual relative availability of DBE’s Method: KDOT DBE Directory of Contractors that can complete 237310 – Highway, Street, and Bridge Construction within the 100 mile radius as listed above: Office of Contract Compliance (ksdot.org) and Census Bureau Data of total Contractors within the 100 mile radius as listed above: https://www.census.gov/programs-surveys/cbp/data/tables.html (2021 CBP Data Tables) NAICS Type of Work Total DBE’s Total All Firms 237110 Highway, Street, 25 374 and Bridge Construction Total 25 374 Divide the total number of DBE’s by the total number of All Firms gives a base DBE availability figure for the contract. As only one project is expected within the basis for the 3-year goal, the goal of the parallel taxiway reconstruction project is 25 / 374 = 6.68% (rounded up to 6.70%). Step 2. Analysis: Adjustments to Step 1 base figure. The two previous 3-year goals for this airport was 5% and 5.3%, respectively. There were two projects completed within the past 6 years and both projects were able to meet the DBE requirement. The new goal of 6.70% is above the previous goals, but it is not expected to cause an issue. Therefore, no adjustments to the goal of 6.70f% as calculated in Step 1 are made. Breakout of Estimated “Race and Gender Neutral” (RN) and “Race and Gender Conscious” (RC) Participation. 26.51(b) (1-9) The recipient will meet the maximum feasible portion of its overall goal by using RN means of facilitating DBE participation. 1. Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitates DBE, and other small businesses, participation; 2. Providing assistance in overcoming limitations such as inability to obtain bonding or financing; 3. Providing technical assistance and other services; 4. Carrying out information and communications programs on contracting procedures and specific contract opportunities; 5. Implementing a supportive services program to develop and improve immediate and long-term business management, record keeping, and financial and accounting capability for DBE’s and other small businesses; 1.03.24 Meeting Agenda Pkt Page #31  6. Providing services to help DBE’s and other small businesses improve long-term development, increase opportunities to participate in a variety of kinds of work, handle increasingly significant projects, and achieve eventual self-sufficiency; 7. Establishing a program to assist new, start-up firms, particularly in fields in which DBE participation has historically been low; 8. Ensuring distribution of DBE directory, through print and electronic means, to the widest feasible universe of potential prime contractors; 9. Assist DBE’s and other small businesses, to develop their capability to utilize emerging technology and conduct business through electronic media; The recipient estimates that in meeting its overall goal 6.70%, it will obtain 6.70% from RN participation and 0% through RC measures. After an analysis of the Airport’s capital improvement program over the last five years on contracts similar in construction type to those anticipated in the next 3 fiscal years and where federal participation was involved, the DBE participation averaged 5%. Ottawa Municipal Airport believes that with community outreach and contractor assistance, we can meet the new goal of 6.95% of the overall goal with race-neutral means. The City of Ottawa will adjust the estimated breakout of RN and RC DBE participation as needed to reflect actual DBE participation (see Section 26.51(f)) and track and report RN and RC participation separately. For reporting purposes, RN DBE participation includes, but is not necessarily limited to, the following: DBE participation through a prime contract obtained through customary competitive procurement procedures; DBE participation through a subcontract on a prime contract that does not carry a DBE goal, DBE participation on a prime contract exceeding a contract goal and DBE participation through a subcontract from a prime contractor that did not consider a firm’s DBE status in making the award. Public Participation Consultation: Section 26.45(g)(1). In establishing the proposed goal, consult with minority, women’s and general contractor groups, community organizations who can share information on the availability of disadvantaged and non-disadvantaged businesses, the effects of discrimination on opportunities for DBE’s and the recipients efforts to establish a level playing field for the participation of DBE’s. Before establishing the overall goal, the Ottawa Municipal Airport will consult with the state of Kansas Contractors Association and the KDOT DBE Office, without limiting consultation to these persons or groups, to obtain information concerning the availability of disadvantaged and non-disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the Ottawa Municipal Airport efforts to establish a level playing field for the participation of DBEs Following the consultation, we will publish a notice of the proposed overall goal, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the airport administration building for 30 days following the date of the notice, 1.03.24 Meeting Agenda Pkt Page #32 and informing the public that the Ottawa Municipal Airport and DOT will accept comments on the goals for 45 days from the date of the notice Our overall goal submission to DOT will include a summary of information and comments received during this public participation process and our responses, if any. No comments have been received. Contract Goals The City of Ottawa will use contract goals to meet any portion of the overall goal that the recipient does not project being able to meet using RN means. Contract goals are established so that, over the period to which the overall goal applies, they will cumulatively result in meeting any portion of the recipient’s overall goal that is not projected to be met through the use of RN means. The City of Ottawa will establish contract goals only on those DOT-assisted contracts that have subcontracting possibilities. It need not establish a contract goal on every such contract, and the size of the contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work and availability of DBE’s to perform the particular type of work). We will express our contract goals as a percentage of the Federal share of a DOT-assisted contract. 1.03.24 Meeting Agenda Pkt Page #33  Back to Agenda ATTACHMENT 4 Demonstration of Good Faith Efforts - Forms 1 & 2 [Forms 1 and 2 should be provided as part of the solicitation documents.] FORM 1: DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner (please check the appropriate space): _____ The bidder/offeror is committed to a minimum of ____ % DBE utilization on this contract. _____ The bidder/offeror (if unable to meet the DBE goal of ____%) is committed to a minimum of ____% DBE utilization on this contract and should submit documentation demonstrating good faith efforts. Name of bidder/offeror’s firm: ______________________________________ State Registration No. ____________________ By ___________________________________ ______________________ (Signature) Title 1.03.24 Meeting Agenda Pkt Page #34 FORM 2: LETTER OF INTENT Name of bidder/offeror’s firm: _______________________________ Address: ________________________________________________ City: _____________________________ State: _______ Zip: ______ Name of DBE firm: ________________________________________ Address: _________________________________________________ City: ________________________________State: _______ Zip: _____ Telephone: ___________________ Description of work to be performed by DBE firm: ----------------------------------------------------------- ----------------------------------------------------------- ----------------------------------------------------------- The bidder/offeror is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ ___________. Affirmation The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above and that the firm is DBE certified to perform the specific trades. By ______________________________ Date: _________________________ (Signature) ______________________________ (Title) If the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. [Submit this page for each DBE subcontractor.] 1.03.24 Meeting Agenda Pkt Page #35  ATTACHMENT 5 DBE Monitoring and Enforcement Mechanisms The City of Ottawa has available several remedies to enforce the DBE requirements contained in its contracts, including, but not limited to, the following: 1. Breach of contract action, pursuant to the terms of the contract; 2. Breach of contract action, pursuant to [insert State Code Section No.]; In addition, the Federal government has available several enforcement mechanisms that it may apply to firms participating in the DBE problem, including, but not limited to, the following: 1. Suspension or debarment proceedings pursuant to 49 CFR Part 26 2. Enforcement action pursuant to 49 CFR Part 31 3. Prosecution pursuant to 18 USC 1001. 1.03.24 Meeting Agenda Pkt Page #36  Back to Agenda ATTACHMENT 6 DBE Certification Application Form The UCP application and other DBE information as it applies to the State of Kansas is located in the DBE Program Manual and can be found by the following link. http://www.ksdot.org/divadmin/civilrights/ (Attach actual form when distributing to the public) 1.03.24 Meeting Agenda Pkt Page #37  ATTACHMENT 7 Small Business Element Program The Ottawa Municipal Airport’s (Airport) Small Business Enterprise (SBE) Program is a race and gender neutral program designed to provide select contracting opportunities to small, economically disadvantaged businesses. This program runs concurrently with our Disadvantaged Business Enterprise (DBE) Program on federally-funded projects. A. Objective/Strategies The Ottawa Municipal Airport is committed to meeting the maximum feasible portion of the Airport’s overall goal by using race-neutral means of facilitating DBE participation. Race-neutral DBE participation includes: 1. Any time a DBE wins a prime contract through customary competitive procurement procedures, 2. Is awarded a subcontract on a prime contract that does not carry a DBE goal, Or even if there is a DBE goal, wins a subcontract from a prime contractor that did not consider its DBE status in making the award (e.g., a prime contractor that uses a strict low bid system to award subcontracts). By definition, DBE firms are small businesses; the Airport seeks to implement a small business element into its current DBE policy in accordance with applicable law. The Airport is including this element to facilitate competition by and expand opportunities for small businesses. The Airport is committed to taking all reasonable steps to eliminate obstacles to small businesses that may preclude their participation in procurements as prime contractors or subcontractors. The Airport will meet its objectives using a combination of the following methods and strategies: 1. Unbundling: The Airport, when feasible, may “unbundle” projects or separate large contracts into smaller contracts which may be more suitable for small business participation. The Airport will conduct contract reviews on each FAA-assisted contract to determine whether portions of the project could be “unbundled” or bid separately. Similarly, the Airport will encourage its prime contractors or prime consultants to unbundle contracts to facilitate participation by small businesses. 2. Small Business Goals: When feasible, the Airport will establish a percentage goal of the total value of a contract where prime contractor must have met or exceed the goal or provide good faith effort that it tried to meet the goal on FAA-assisted contracts. A small business goal is open to all small businesses regardless of the owner’s gender, race or geographic location. The project manager and Disadvantage Business Enterprise Officer (DBELO) will review FAA-assisted purchases and contracts to assess the small business opportunities, giving consideration to the size and scope of each purchase or contract to establish the percentage goal. In the event that a goal is not established on an FAA-assisted contract, the project manager and small business officer will document why a small business goal is inappropriate. 29 1.03.24 Meeting Agenda Pkt Page #38 B. Definition 1. Small Business: A small business is a business that is independently owned and operated, is organized for profit, and is not dominant in its field. Depending on the industry, size standard eligibility is based on the average number of employees for the preceding twelve months or on sales volume averaged over a three-year period. Small businesses must meet the definitions specified in Section 3 of the Small Business Act and the Small Business Administration regulations implementing it (13 CFR Part 121). 2. Disadvantaged Business Enterprise (DBE): A DBE, by definition, is a small business. For the purposes of the small business element of the Airport’s DBE Program, small businesses which are also owned and controlled by socially disadvantaged individuals will be encouraged to seek DBE certification. Only DBE certified firms will be counted towards DBE race-neutral participation on FAA-assisted contracts. C. Verification The Airport will accept the following certifications for participation in the small business element of the Airport’s DBE Program with applicable stipulations: 1. The State of Kansas Unified Certification Program (UCP) DBE Certification – DBE Certification by the UCP which stipulates that a firm has been determined to meet all the requirements in accordance with 49 CFR Part 26. All certification determinations are evidenced by a letter of DBE certification issued by the UCP. 2. A business that has been certified by an agency that has a reciprocity agreement with the Airport and has satisfied the Airport’s requirement of a thorough and complete verification that the business concern does not exceed the SBA size standards. Said reciprocity agreement will be reviewed on an annual basis to assure verification process is consistent with the FAA guidance. 3. A small business that provides evidence, at the time of solicitation submittal that it qualifies as a small business concern for the specific task to be performed. Such evidence can be provided by any of the following: a. A copy of the business tax returns for the most recent three year period indicating the gross receipts; or b. A notarized statement from a Certified Public Accountant indicating the firms average gross receipts for the past three years; or c. A copy of the firm’s payroll statement indicating the average annual employment for the most recent year. Special Note: Minority and women-owned business enterprises which are awarded contracts under the small business enterprise set aside will be strongly encouraged to seek DBE certification in order to be counted towards race neutral DBE participation. D. Monitoring/Record Keeping The Ottawa Municipal Airport will take the following monitoring and enforcement mechanisms to ensure compliance with the small business element of the DBE program. 1.03.24 Meeting Agenda Pkt Page #39  Back to Agenda 1. False, fraudulent, or dishonest conduct in connection with Small Business participation will be brought to the attention of the Iowa DOT and U.S. DOT so that appropriate steps can be taken (e.g., referral to the Department of Justice for criminal prosecution, referral to the U.S. DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules). We will consider similar action under our own legal authorities, including responsibility determinations in future contracts. Regulations, provisions, and contract remedies available to us in the events of non-compliance are provided in Section 26.37 of the DBE program. 2. We will verify that work committed to Small Businesses at contract award is actually performed by the Small Business by monitoring the work site to ensure compliance. 3. We will perform interim audits of contract payments to Small Businesses to ensure that the actual amount paid to Small Business subcontractors equals or exceeds the dollar amounts stated in the “PREBID SMALL BUSINESS CONTACT INFORMATION” form submitted with the contractor’s bid. 4. We will require prime contractors to maintain records and documents of payments to Small Business subcontractors for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the Ottawa Municipal Airport or U.S. DOT. This reporting requirement also extends to any participating Small Business. E. Implementation Timeline The Airport will amend and incorporate this small business element into its DBE Program within ninety (90) days after approval of the element by the FAA.Small Business Element (continued) F. Assurance The Airport makes the following assurances: 1. The program is authorized under state law; 2. Certified DBEs that meet the size criteria established under the program are presumptively eligible to participate in the program; 3. There are no geographic preferences or limitations imposed on any federally assisted procurement included in the program; 4. There are no limits on the number of contracts awarded to firms participating in the program but that every effort will be made to avoid creating barriers to the use of new, emerging, or untried businesses; and 5. Aggressive steps will be taken to encourage those minority and women owned firms that are eligible for DBE certification to become certified. 31 6. The program is open to small businesses regardless of their location (i.e., there is no local or other geographic preference). G. Required Certification If a company/firm is currently certified by the SBA as an 8(a) and/or SDB firm; a DBE firm with the State of Kansas UCP it may be eligible to participate in this program. If not, the DBE application may be obtained from http://www.ksdot.org/divadmin/civilrights/. 1.03.24 Meeting Agenda Pkt Page #40  Back to Agenda Agenda Item: XI.B City of Ottawa City Commission Meeting January 3, 2024 TO: Ottawa City Commission SUBJECT: Discussion on the Selection of Mayor & Mayor pro tem for 2024 INITIATED BY: City Commission via Municipal Code AGENDA: New Business Recommendation: It is recommended that the City Commission discuss the process for the selection of the Mayor (chair) and Mayor pro tem (vice-chair) for 2024. Background: Chapter 2 Administration; Article I Board of Commissioners; Section 2-105; of the Ottawa Municipal Code (XI.B.1) sets forth the provisions for City Commission’s conduct of business. Selection of a City Commission chair with the title of “Mayor” and vice-chair with the title of “Mayor pro tem” is to occur annually. Section 2-105 reads as follows: “2-105. Mayor, chairman and vice-chairman. The commission shall choose its own chair and vice chair annually and determine its own order of business. The chair shall have the title of Mayor during the year of his or her office, to the end that the city shall have an official head on formal occasions. The vice-chair shall have the title of Mayor pro tem. The Mayor shall have such other duties as shall be imposed upon that office by the laws of the state, which shall not be inconsistent with the city manager form of government. In the absence of the Mayor from any meeting of the Governing Body, the Mayor pro tem shall preside, and in the absence of the Mayor from the city or his or her inability to perform any of the duties imposed upon the office by the ordinances of the city or laws of the State of Kansas, the Mayor pro tem shall exercise the duties of the office of Mayor to the end that the city has an official head on such occasions. (C.O. No. 20-15)” The City Commission last considered this item at the January 18, 2023, regular meeting, which followed discussion at the prior study session. Analysis: By custom and tradition the discussion and selection of the Mayor and Mayor pro tem occurs in January. Discuss and reach consensus on the process and meeting date for the selection of the Mayor (chair) and Mayor pro tem (vice-chair) for 2024. Financial Considerations: There are no direct costs associated with the selection of a Mayor or Mayor pro tem. 1.03.24 Meeting Agenda Pkt Page #41 Legal Considerations: Approve as to form. Recommendation/Action: It recommended that the City Commission discuss and reach consensus on the process and meeting date for the selection of the Mayor (chair) and Mayor pro tem (vice-chair) for 2024. Attachments: XI.B.1 Chapter 2 Article I Section 2-105 (1 pg) 1.03.24 Meeting Agenda Pkt Page #42  Back to Agenda City of Ottawa, Kansas Municipal Code Chapter 2 Administration Article I Board of Commissioners Section 2-105 2-105. Mayor, chairman and vice-chairman. The commission shall choose its own chair and vice chair annually and determine its own order of business. The chair shall have the title of Mayor during the year of his or her office, to the end that the city shall have an official head on formal occasions. The vice-chair shall have the title of Mayor pro tem. The Mayor shall have such other duties as shall be imposed upon that office by the laws of the state, which shall not be inconsistent with the city manager form of government. In the absence of the Mayor from any meeting of the Governing Body, the Mayor pro tem shall preside, and in the absence of the Mayor from the city or his or her inability to perform any of the duties imposed upon the office by the ordinances of the city or laws of the State of Kansas, the Mayor pro tem shall exercise the duties of the office of Mayor to the end that the city has an official head on such occasions. (C.O. No. 20-15) 1.03.24 Meeting Agenda Pkt Page #43