City Commission

Back to Agenda OTTAWA CITY COMMISSION REGULAR MEETING AGENDA Wednesday, January 14, 2026 - 4:00 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 words meeting can be viewed live on Channel 23, via Facebook Live or lis- or less) for the City Commission to be read during public tened to by dialing: 1-312-626-6799 and entering meeting ID 860 5916 comment or during discussion on an agenda item. 7188#. To view on YouTube: https://www.youtube.com/@ottawaksgov To submit your comment or request the meeting Zoom link to give a public comment, email publiccomments@ottawaks.gov If you need this information in another format or require a reasonable no later than 2:00 pm on January 14, 2026; all emails must include accommodation to attend this meeting, contact the City’s ADA Coordi- your name and address. Participants who generate unwanted or nator at 785-229-3621. Please provide advance notice of at least two (2) distracting noises may be muted by the meeting host. If this hap- working days. TTY users please call 711. pens, unmute yourself when you wish to speak. I. CALL TO ORDER II. ROLL CALL _______ Clayton _______ Crowley _______ Allen _______ Skidmore _______ Van Leiden III. WELCOME IV. PLEDGE OF ALLEGIANCE V. INVOCATION - Pastor Dakota Smith, Ottawa Bible Church 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 Com- mission 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, AND NOMINATIONS A. Proclamation Recognizing Dr. Martin Luther King Jr Day on January 19, 2026 (P. 3) VIII. CONSENT AGENDA A. Minutes From January 7, 2026 Meeting (Pp. 4-8) 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 A. Prairie Paws Animal Shelter Funding Agreement - Interim City Manager Finch (Pp. 9-24) Comment: Interim City Manager Finch will present an funding agreement with Prairie Paws Ani- mal Shelter for review and consideration. Motion: _____________ Second: _____________ Vote: _____________ 01.14.26 Regular Mtg Pkt Page #1  Back to Agenda B. Update on Agreement with Lightfield Energy—Interim City Manager Finch Comment: Interim City Manager Finch will present an update on the agreement with Lightfield Energy. Motion: _____________ Second: _____________ Vote: _____________ XI. NEW BUSINESS XII. COMMENTS BY CITY MANAGER XIII. COMMENTS BY GOVERNING BODY XIV. ANNOUNCEMENTS A. January 21, 2026 City Commission Meeting - 10:00 am, City Hall B. January 28, 2026 City Commission Meeting - 4:00 pm, City Hall C. January 28, 2026 LKM Day at the Capitol, The Beacon, Topeka D. February 4, 2026 City Commission Meeting - 7:00 pm, City Hall XV. EXECUTIVE SESSION Motion: I move that the Commission recess into executive session to engage in privileged and confi- dential communication with the board’s attorney, pursuant to the attorney client privilege exception, K.S.A. 75-4319(b)(2). The open meeting will resume in this room at __________ p.m. XVI. ADJOURN 01.14.26 Regular Mtg Pkt Page #2  Back to Agenda Whereas, on October 19, 1983, the U.S. Congress passed legislation making the third Monday of every January (beginning with 1986) the day America would honor Dr. Martin Luther King, Jr. with a National Holiday, and; Whereas, on January 16, 2002 the Ottawa City Commission made the King Holiday an official City holiday, and; Whereas, this is the first National Holiday to honor an individual black American, and; Whereas, the King Holiday affords all of us an opportunity to reflect upon the past while seeking hope, determination, and an opportunity to act upon the promise of the future, and; Now, therefore, the Governing Body of the City of Ottawa, Kansas, does hereby recognize Monday, January 19, 2026 as: Dr. martin Luther King, JR. DAY And reminds all citizens to remember that the legacy of Dr. King lives in each of us, and we are responsible to promote, teach and live the American Dream. Signed this 14th day of January 2026. Zach Clayton, Mayor 01.14.26 Regular Mtg Pkt Page #3  Back to Agenda Regular Meeting Minutes City Hall Minutes of January 7, 2026 The Governing Body met at 7:00 p.m. on this date for the Regular City Commission Meeting, with the following members present and participating: Mayor Clayton, Mayor Pro Tem Crowley, Commissioner Allen, Commissioner Skidmore and Commissioner Van Leiden. Mayor Clayton called the meeting to order. Mayor Clayton welcomed the audience, led the Pledge of Allegiance to the American flag, and Commissioner Skidmore gave the invocation. Public Comments No public comments were received. Appointments, Proclamations, Recognitions, Nominations, and Public Hearings Consent Agenda Mayor Pro Tem Crowley moved to approve the consent agenda, seconded by Commissioner Allen. The consent agenda included the minutes from the December 17, 2025 Regular Meeting, 2026 Cereal Malt Beverage Application for Pizza Time, and approval of the Regular Meeting agenda. The motion was considered and upon being put, all present voted aye. The Mayor declared the consent agenda duly approved. Declaration No declarations were made. Unfinished Business None New Business Public Hearing on Reinvestment Housing Incentive District (RHID) Development Plan and RHID District for Woodridge Estates Mayor Clayton opened the public hearing at 7:03 p.m. to consider the approval of a Reinvestment Housing Incentive District (RHID) for the Woodridge Estates project, located at 1001 E. Wilson Street. Assistant Director McCurdy reviewed the project background for a proposal by Legacy Homes of Ottawa, LLC to develop thirteen (13) single-family, for-sale homes, ranging from approximately 1,064 to 1,400 square feet, with proposed starting market prices between $212,000 and $265,000. Assistant Director McCurdy noted that the project qualifies under the State of Kansas RHID Act and meets the parameters outlined in the 2025 Housing Study, which identifies a need for additional mid-market housing units in Ottawa. No public comments were received. January 7, 2026 Unofficial Until Approved 1 01.14.26 Regular Mtg Pkt Page #4  Back to Agenda City of Ottawa Regular Meeting Minutes January 7, 2026 Page 2 Mayor Clayton closed the public hearing at 7:06 p.m. Ordinance Adopting Reinvestment Housing Incentive District (RHID) Development Plan, Establishing RHID, and approving Development Agreement for Woodridge Estates Assistant Director McCurdy presented an ordinance for consideration to approve the Reinvestment Housing Incentive District (RHID) Development Plan for Woodridge Estates, establish the RHID District, and approve the associated Development Agreement with Legacy Homes of Ottawa, LLC. The proposed project includes the development of the vacant property located at 1001 E. Wilson Street into thirteen (13) single-family, for-sale homes, ranging from approximately 1,064 to 1,400 square feet, with anticipated starting market prices between $212,000 and $265,000. The RHID will reimburse eligible development costs related to public infrastructure improvements, including streets, utilities, and related improvements, through a pay-as-you-go financing structure utilizing ad valorem tax increment generated by the project. Assistant Director McCurdy noted that the project meets the eligibility requirements of the Kansas Reinvestment Housing Incentive District Act and aligns with the 2025 Housing Study, which identified a need for additional housing units within this price range in Ottawa. The Development Agreement establishes a maximum reimbursement cap of $576,000, plus interest on private loans secured to finance eligible project costs, and provides that the RHID will expire after 20 years, or upon full reimbursement. The ordinance and agreement were prepared by Bond Counsel, reviewed by the City Attorney, and approved as to form. Commissioner Skidmore made a motion, seconded by Commissioner Van Leiden, to adopt an ordinance establishing a Reinvestment Housing Incentive District within the City, adopting a plan for the development of housing and public facilities in such district, and making certain findings in conjunction therewith (Woodridge Estates Reinvestment Housing Incentive District). The motion was considered and upon being put, all present voted aye. The Mayor declared this ordinance duly adopted and numbered Ordinance No. 4167-26. Resolution Defining Depository Institutions and Authorized Signers The Governing Body heard from Assistant Director McCurdy who reviewed a resolution defining depository institutions for idle funds held by the City of Ottawa and authorizing designated City staff to manage those funds. She explained that this resolution is reviewed annually and is intended to repeal and replace Resolution No. 1953-24 in order to remove one authorized signer and make a minor update related to a legal name change for another authorized signer. The resolution fulfills the requirements outlined in K.S.A. 9-1401. Commissioner Allen made a motion, seconded by Mayor Pro Tem Crowley, to adopt the resolution defining depository institutions for idle funds held by the City of Ottawa, Kansas. The motion was considered and upon being put, all present voted aye. The Mayor declared this resolution duly adopted, and this resolution was duly numbered Resolution No. 2002-26. Commission Board/Commission Assignments for 2026 The Commission Board and Commission Assignments for 2026 were discussed by the Governing Body. January 7, 2026 Unofficial Until Approved 2 01.14.26 Regular Mtg Pkt Page #5  Back to Agenda City of Ottawa Regular Meeting Minutes January 7, 2026 Page 3 • Airport Advisory Board: Mayor Clayton • Chamber of Commerce: Mayor Pro Tem Crowley • Library Board: Mayor Clayton • Neighborhood Revitalization Program Review Committee: Commissioner Skidmore • Ottawa Main Street Association: Commissioner Van Leiden • Ottawa Memorial Auditorium Advisory Board: Commissioner Allen • Prairie Paws Animal Shelter: Mayor Clayton Mayor Pro Tem Crowley made a motion, seconded by Commissioner Van Leiden, to approve these appointments for 2026. The motion was considered, and upon being put, all present voted aye. The Mayor declared the action duly approved. Kansas Municipal Energy Agency (KMEA) Board Appointment Director 1 The Governing Body heard from City Clerk Scherman, who discussed the appointment of a representative to the Kansas Municipal Energy Agency (KMEA) Board of Directors – Director 1 position and provided the following information: • The Governing Body biennially selects representatives to serve on the KMEA Board of Directors in Director 1 and Director 2 positions. • The Director 1 position is currently vacant due to a departing Commissioner, with the unexpired term extending through April 30, 2027. • David Hunsaker currently serves in the Director 2 position, with a term expiring on April 30, 2026. • Appointed Directors must reside within the territory served by the City’s electric utility or be a City employee. • Directors serve two-year terms and should be available to attend Board meetings, which are typically held in the spring and fall in Wichita, Kansas. • The appointment under consideration will fill the unexpired Director 1 term through April 30, 2027. Commissioner Allen made a motion, seconded by Commissioner Van Leiden, to appoint Commissioner Skidmore to the Kansas Municipal Energy Agency Board of Directors – Director 1 position. The motion was considered, and upon being put, all present voted aye. The Mayor declared this appointment duly approved. Kansas Municipal Gas Agency Board Appointment Director The Governing Body heard from City Clerk Scherman, who discussed the appointment of a representative to the Kansas Municipal Gas Agency (KMGA) Board of Directors – Director position and provided the following information: • The Kansas Municipal Gas Agency is governed by a Board of Directors consisting of one Director and one Alternate appointed by each Member City, in accordance with Article V of the KMGA Bylaws. • Directors serve two-year terms, and Alternates may act in the absence of the Director. • The City of Ottawa has historically participated in KMGA and appointed representatives in compliance with KMGA bylaws. • The City’s current Director position became vacant following the departure of Brian Silcott on December 31, 2025. January 7, 2026 Unofficial Until Approved 3 01.14.26 Regular Mtg Pkt Page #6  Back to Agenda City of Ottawa Regular Meeting Minutes January 7, 2026 Page 4 • The unexpired term for the Director position extends through August 31, 2027. • The appointment of David Hunsaker will ensure continuity in the City’s representation. • Jeff Oleson will continue to serve as the Alternate representative. Mayor Pro Tem Crowley made a motion, seconded by Commissioner Skidmore, to appoint David Hunsaker as the Director representing the City of Ottawa on the Kansas Municipal Gas Agency Board of Directors for the unexpired term ending August 31, 2027. The motion was considered and upon being put, all present voted aye. The Mayor declared this appointment duly approved. City Manager Comments Interim City Manager Finch provided updates to the Governing Body on several items. He noted the launch of the City’s new website user interface and thanked City staff for their hard work and collaboration in completing the project. City Clerk Scherman reviewed the recently awarded Safe Streets and Roads for All (SS4A) grant which is a regional collaboration with other county and city partners and expressed appreciation to staff for their efforts in securing the funding was shared. Interim City Manager Finch provided an update regarding the City’s E-Community designation through Network Kansas. He explained that in December the City was notified that the Franklin County Development Council was no longer willing to provide this service. Following that notification, the State reached out to the City to explore options for continuing the program locally. Several meetings have been held with Network Kansas and the Ottawa Area Chamber of Commerce to discuss potential partnerships and opportunities moving forward. He noted that additional information and recommendations will be brought back to the Governing Body at a future meeting. Interim City Manager Finch also thanked George Ogle for his patience and investment in the Woodridge Estates development, recognizing it as a successful example of collaboration between the City and a private developer. He expressed appreciation to City staff for their work in navigating project details to reach a positive outcome. Chief Weingartner provided a review of recent security enhancements at City Hall, highlighted community programs offered through the Ottawa Police Department, and shared information regarding upcoming training opportunities. Governing Body Comments Commissioner Van Leiden wished everyone a Happy New Year and expressed optimism for the upcoming year. He noted excitement surrounding recent grant awards and the opportunities they will bring to the community, as well as anticipation of welcoming a new City Manager. Mayor Clayton requested that staff review upcoming League of Kansas Municipalities (LKM) and Kansas Municipal Utilities (KMU) conference dates to determine whether any City Commission meetings may need to be rescheduled or canceled. He also expressed enthusiasm for the City’s new website, noting its value in improving access to information for residents. Mayor Clayton thanked George Ogle for his investment in the community with the housing development in Woodridge Estates. He also thanked City Clerk Scherman for her work on grant initiatives and highlighted the significant amount of external funding secured for the community in recent years. January 7, 2026 Unofficial Until Approved 4 01.14.26 Regular Mtg Pkt Page #7  Back to Agenda City of Ottawa Regular Meeting Minutes January 7, 2026 Page 5 Announcements A. January 14, 2026 – City Commission Meeting, 4:00 p.m., City Hall B. January 21, 2026 – City Commission Meeting, 10:00 a.m., City Hall C. January 21, 2026 – KMU Day at the Capitol, Cyrus Hotel, Topeka D. January 28, 2026 – City Commission Meeting, 4:00 p.m., City Hall Executive Session Recess Mayor Pro Tem Crowley made a motion, seconded by Commissioner Allen, to recess into executive session for a period of 20 minutes to engage in privileged and confidential communication with the board’s attorney pursuant to the attorney-client privilege exception, K.S.A. 75-4319(b)(2). The open meeting will resume in this room at 8:08 p.m. The motion was considered and upon being put, all present voted aye. The Mayor declared the meeting duly recessed. Reconvene Mayor Pro Tem Crowley made a motion, seconded by Commissioner Van Leiden, to reconvene into open session. The motion was considered and upon being put, all present voted aye. The Mayor declared the meeting duly reconvened at 8:08 p.m. Adjournment There was no further business before the Governing Body, the Mayor declared the meeting duly adjourned at 8:08 p.m. Melissa Scherman, City Clerk January 7, 2026 Unofficial Until Approved 5 01.14.26 Regular Mtg Pkt Page #8  Back to Agenda Agenda Item: X. A City of Ottawa City Commission Meeting January 14, 2026 TO: City Commission SUBJECT: Prairie Paws Animal Shelter Funding Agreement INITIATED BY: City Attorney AGENDA: Unfinished Business Recommendation: Staff recommends that the City Commission review and consider approval of the Agreement for Animal Shelter Services between the City of Ottawa and Prairie Paws Animal Shelter, Inc., thereby authorizing the Mayor and City Clerk to execute the Agreement, effective January 1, 2026. Background: Prairie Paws Animal Shelter, Inc. (PPAS) has provided animal shelter services to the City of Ottawa for several years and has previously been funded through the City’s Community Partner program. As the nature of animal shelter operations has evolved, staff has evaluated the scope and operational requirements of these services and determined they are more appropriately structured as essential contracted services rather than discretionary community partner funding. The proposed Agreement formalizes the relationship between the City and PPAS, clearly defining service expectations, operational standards, reporting requirements, insurance and indemnification provisions, and compensation. This Agreement replaces the prior arrangement and provides continuity of service while establishing a more appropriate contractual framework for the delivery of core animal shelter services on behalf of the City. Analysis: Under the proposed Agreement, PPAS will provide defined Core Services to the City, including intake and housing of stray, abandoned, surrendered, and impounded animals; coordination with Animal Control Officers and the Ottawa Police Department; veterinary care; adoption services; humane euthanasia when necessary; pet licensing administration for City residents; and detailed recordkeeping and reporting. The Agreement also establishes a structure for Additional Services, which may be requested by the City on an as-needed basis and provided subject to advance approval and agreed-upon fees. Transitioning PPAS from a Community Partner to a contracted service provider aligns the funding mechanism with the essential and operational nature of animal shelter services, improves accountability, and ensures clearer performance expectations consistent with municipal best practices. Financial Considerations: Beginning January 1, 2026, the City will pay PPAS an annual fee of $63,430, payable in monthly installments of $5,285.83, subject to annual appropriation by the 01.14.26 Regular Mtg Pkt Page #9  Back to Agenda Governing Body. This amount replaces prior Community Partner funding and is consistent with the adopted budget for animal services. Legal Considerations: The Agreement has been reviewed by the City Attorney and Prairie Paws Animal Shelter. The Agreement includes provisions related to insurance, indemnification, term and termination, reporting requirements, and performance standards, and establishes PPAS as an independent contractor performing a traditional governmental function authorized by the City. Recommendation/Action: It is recommended the City Commission take the following action: Approve the Agreement for Animal Shelter Services between the City of Ottawa and Prairie Paws Animal Shelter, Inc., and authorize the Mayor to execute the Agreement, effective January 1, 2026. Attachments: PPAS Agreement for Animal Shelter Services 01.14.26 Regular Mtg Pkt Page #10  Back to Agenda AGREEMENT FOR ANIMAL SHELTER SERVICES This Agreement is hereby entered into this ___ day of __________________, 2026, by and between the City of Ottawa, Kansas, a municipal corporation (City), and Prairie Paws Animal Shelter Inc., a Kansas not-for-profit corporation (Shelter). WHEREAS, the City and the Shelter have contracted for the provision of animal shelter services for several years and now wish to update the form of their agreement; and WHEREAS, the Shelter has provided services including housing stray, abandoned, surrendered, and impounded animals on behalf of the City, and wishes to continue to do so; and, WHEREAS, the City believes contracting with the Shelter provides these necessary services in the most cost-efficient manner and is therefore in the best interest of the citizens of Ottawa. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: I. Definitions. For purposes of this Agreement, the following terms will have the following meanings: A. ACO means an animal control officer empowered to enforce animal control ordinances and laws within the city limits of Ottawa or any police officer acting in his or her official capacity. B. Additional Services means the services set forth in Section III of this Agreement. C. Agreement means this Agreement for Animal Shelter Services, as may be amended and including all exhibits and attachments incorporated by reference. D. City means the City of Ottawa, Kansas, a municipal corporation and a party to this Agreement. E. Core Services means the services set forth in Section II of this Agreement. F. OPD means the Ottawa Police Department. G. Responsible Person means the person with specific authority as set forth in this Agreement. For the Shelter, the Responsible Person is Vanessa Cowie, Executive Director. For the City, the Responsible Person is the City Manager or his or her designee. H. Shelter means Prairie Paws Animal Shelter Inc., a Kansas not-for-profit corporation and a party to this agreement. 1 01.14.26 Regular Mtg Pkt Page #11  Back to Agenda II. Core Services. Beginning January 1, 2026, the Shelter will provide the Core Services to the City in exchange for the fees set forth in Section VII, and for no additional compensation. All fees charged to third parties in the Shelter’s provision of services, for example, owner surrender fees and adoption fees, must be consistent with the Municipal Code of the City of Ottawa and approved by the City in writing. The Core Services are: A. Animal Intake 1. Owner surrender of domestic animals. Accept all dogs and cats surrendered by their owners, keepers, or harborers who reside in the City of Ottawa through a managed admission basis, consistent with, and reasonable under, industry standards. 2. Stray animals. Take in and house dogs found running at large within the city limits of Ottawa on an open admission basis, consistent with, and reasonable under, industry standards. 3. Impoundments. Upon request by the City, house animals seized pursuant to the provisions of the Municipal Code of the City of Ottawa, or by order of the Ottawa Municipal Court. If the City provides written notice that an impounded animal may be reclaimed by its owner, allow five days from the date of the City’s notification for the owner to reclaim the animal. Acceptance of impoundments will be a Core Service, but a separate fee for each day an impounded animal is housed by the Shelter may be billed to the City as an Additional Service subject to provisions in Section III. 4. Dangerous Dogs. Maintain and utilize special facilities for holding a limited number of dogs that are determined to be dangerous under the City’s ordinances. 5. Animal population management. Prioritize provision of services to the City under this Agreement. Refrain from accepting animals through other channels if such acceptance compromises the Shelter’s ability to fulfill its obligations to the City. If the Shelter is at full capacity, and unable to accept any intakes for a certain species or category of animal, for more than two consecutive days, notify the City. 6. Exceptions. The Shelter may decline to accept an animal which it would otherwise be required to accept under this Agreement, provided that: a. Shelter either 1) lacks the necessary facility space for the animal, or 2) such animal has a health or behavioral condition that requires special accommodations, and such accommodations are unavailable; and, b. Shelter has made all reasonable efforts to remediate the circumstances preventing its acceptance of the animal. 7. Intake Services will include: 2 01.14.26 Regular Mtg Pkt Page #12  Back to Agenda a. Initial health and behavior evaluations of each animal. b. Identification and documentation of each animal’s behavioral and medical history, when possible. c. Full body microchip scans and owner identification and contact when a microchip is found in a stray. d. Providing photo and description of each stray animal through public outreach activities to try to locate the pet’s owner as soon as possible. e. Documentation of animal’s description (physical description, sex, age), health, and behavioral assessment results in data management system within 24 hours of receiving each animal. f. Administration of vaccinations including Bordetella, DAPP for dogs and FVRCP for cats, and general dewormers for dogs and cats. g. Medical quarantine and behavior isolation and evaluation as appropriate to protect the shelter population and the people working at or visiting the facility. h. Provision of food, water, shelter, exercise, and medical care to each animal. i. Holding each stray animal at the shelter for a minimum of three days to give the owner an opportunity to claim the animal. j. Accommodating 24-hour access by ACOs and OPD for the after-hours drop-off of animals the Shelter is required to accept pursuant to this Agreement. B. Shelter Operations 1. Veterinary care. Provide shelter animals certain veterinary care performed by a licensed veterinarian or in accordance with written/verbal instructions provided by a licensed veterinarian, including spay and neuter services and routine care such as wellness exams; preventative treatment for parasite control; testing, prescription, and administration of treatment for injuries or diseases; surgeries; administration of vaccines; and emergency care when needed. 2. Licenses. Apply for and maintain the Animal Shelter Facility License under the Kansas Pet Animal Act and maintain a current veterinary care form and contingency plan forms on file with the Animal Facility Inspection Program. To perform veterinary care, maintain a Veterinary Premise Location License. Provide City a copy of each license within a reasonable time following any renewal. 3 01.14.26 Regular Mtg Pkt Page #13  Back to Agenda 3. Animal assessment. Evaluate animals surrendered to the Shelter by their owners, keepers, or harborers, and animals brought to the Shelter as strays that have been held at the Shelter for at least three days, to determine the appropriate outcome (e.g. adoption, transfer, euthanasia). 4. Owner reclaims. If an animal in the Shelter’s possession is reclaimed by its owner, and the animal is 1) eligible for a City pet license and 2) the owner resides within the Ottawa city limits, issue a City pet license for the animal before the animal is released to its owner, or provide the owner a written statement that the owner has 30 days to obtain a pet license, at which time they may be cited for a violation of the pet licensing requirement of the Municipal Code of the City of Ottawa, Kansas. 5. Adoptions. a. Administer and maintain an adoption program that aligns with current industry standards and promotes the animal’s physical and emotional needs. b. Ensure that all dogs and cats are spayed or neutered before adoption, or issued a voucher under K.S.A. §47-1731(a)(2). c. When adopter is a resident of the City of Ottawa, make the adopter aware of the ordinances of the City that pertain to animals, including restrictions for dogs that are considered dangerous dogs under City ordinance, limitations on the number of animals that may be owned at a single residence, and pet licensing requirements. 6. Euthanasia and Disposal. Facilitate humane euthanasia of animals, if deemed appropriate following assessment by the Shelter or if so ordered by the District or Municipal Court, using the most current, approved methods established by law. Accept dead domestic animals found within the city limits for temporary storage when an owner may be located, giving owners a reasonable opportunity to claim or identify their dead animals. Properly dispose of all dead animals in a sanitary manner that complies with applicable laws, regulations, and codes. 7. Reports and Records a. Document and report any incidents of bites, mishandling of animals or other non‐routine activity. b. Maintain records and track all animals in data management system and be prepared to provide and/or present reports if requested by the City. Shelter will track and, upon request, report on the metrics listed in Exhibit A. In addition to reporting when requested, the Shelter will report to the City on these reports and metrics not less than annually. c. Manage data associated with animal intakes, adoptions, and pet licenses using a system approved by the City. 4 01.14.26 Regular Mtg Pkt Page #14  Back to Agenda d. Allow ACOs reasonable access and direct input of data into selected data management system in order to efficiently fulfill each party’s responsibilities under this Agreement. e. At the termination of this Agreement and in a manner acceptable to the City, transfer to the City the ownership and possession of all animal-related electronic records stored by the Shelter’s data management system. 8. Operating hours. Provide public hours of operation at least five days a week with Saturday required, unless a State or Federal holiday falls on a Saturday, for a minimum of 20 hours per week. 9. Cooperate with ACOs. Work in conjunction with ACOs and the OPD in their enforcement of City ordinances, as required, including allowing 24-hour access to a portion of the Facilities for after-hours drop off of animals. 10. Procedures. Administer and operate consistent and uniform procedures and processes that promote the health and safety of all animals, staff, volunteers, the public, ACOs, and City workers. This includes following all Federal, State, and Local rules and regulations applicable to shelter operations. C. Pet licensing. Administer pet license program for animals housed by residents of the City of Ottawa, consistent with the Municipal Code of the City of Ottawa, Kansas. D. Communication and Audit. Promptly respond to communication and information requests from the City with detailed, accurate information related to the Shelter’s performance of this Agreement. Allow the City, with reasonable notice, to access the Shelter’s records related to this Agreement to view relevant data and ensure compliance with this Agreement. E. Advisory Consults. Engage in dialogue with the City as an informal advisor in matters related to animal services, licensure, safety, and policy making upon request by the City. III. Additional Services. The Shelter may provide additional services upon the request of the City, subject to a reasonable fee determined by the Shelter and consented to by the City in advance of the Shelter’s provision of the Additional Service. The Shelter may not assess fees for Additional Services unless the provision of such service was expressly consented to. When the City requests Additional Services, the Shelter may agree to provide, or decline to provide, such Additional Services at its sole discretion. IV. City’s Responsibilities A. Allow the Shelter to retain all fees collected from the public. B. Instruct and train ACOs and OPD to scan each animal encountered in the field for a microchip and make a reasonable attempt to reunite the stray animal with its owner prior to impounding at the Shelter. C. Instruct and train ACOs and OPD to deliver animals in a specially designed intake area 5 01.14.26 Regular Mtg Pkt Page #15  Back to Agenda and provide a legible, complete intake form for each animal presented to the Shelter on a form provided by the Shelter and approved by the City. The intake form attached hereto as Exhibit B will be used by the Shelter initially, buy may be modified with the approval of the City’s Responsible Person. 1. Animals held under court or law enforcement order will incur a daily boarding charge according to the approved fee schedule, which will be assessed to the City as an Additional Service for animals not reclaimed or reclaimed animals that are subject of an adjudication in the Ottawa Municipal Court, or the reclaiming party for reclaimed animals that are not subject of an adjudication in the Ottawa Municipal Court. D. Provide timely information on court hearings or trial that would impact disposition of an impounded animal by the Shelter and give the Shelter written notice when the period of impoundment concludes. E. Promptly pay the Shelter all fees to which it is entitled as set forth in this Agreement. V. Insurance and Indemnification A. The Shelter will purchase and maintain, at its expense, insurance coverage as set forth herein for the term of this Agreement. The failure to purchase and maintain the minimum insurance required herein will constitute a material breach of this Agreement upon which the City may immediately terminate or suspend this Agreement. Compliance with the requirements to purchase and maintain insurance will not in any manner limit or qualify the liability and obligations otherwise assumed by the Shelter. Shelter will furnish any or all insurance certificates to the City, as requested by the City. Insurance Companies must be rated a minimum “A-” by the Best’s Key Rating Guide’s latest edition. B. The Shelter will purchase and maintain insurance of the following types of coverage and limits of liability: 1. Commercial General Liability (CGL) with a combined single limit of insurance of not less than $1,000,000, per occurrence and $2,000,000, in the aggregate. 2. City of Ottawa, Kansas will be included as an additional insured on the CGL. This insurance for the additional insured will be as broad as the insurance for the named insured Shelter. It will apply as Primary and non-contributory insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured. Each policy which adds Additional Insureds hereunder, will contain cross-liability wording, as follows: “In the event of a claim being made hereunder by one insured for which another insured is or may be liable, then this policy will cover such insured against whom a claim is or may be made in the same manner as if separate policies had been issued to each insured hereunder." 6 01.14.26 Regular Mtg Pkt Page #16  Back to Agenda 3. CGL coverage will be maintained for the Shelter and all additional insureds for the duration of the term of this Agreement. C. Shelter will provide a certificate of insurance illustrating compliance with the insurance requirements outlined above. This certificate and the insurance policies required will contain a provision that coverage afforded under the policies will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to the City of Ottawa, Kansas, Attn: Michelle Stegman-Jacboson, Risk Manager, 101 S. Hickory St. Ottawa, Kansas 66067. D. The Parties agree and acknowledge that Shelter is performing a traditional governmental function authorized by City pursuant to this Agreement. E. Shelter will indemnify and hold harmless the City, and its departments, elected officials, officers, employees and agents, from and against all liability, suits, actions, proceedings, judgments, claims, losses, liens, damages, and injuries, (including attorneys’ fees and other expenses of litigation, arbitration, mediation or appeal), which in whole or in part arise out of the services performed under this Agreement or have been alleged to be as a result of Shelter’s negligence, error, omission, recklessness, or wrongful or criminal conduct in the performance of Services, including performance by Shelter’s employees, volunteers, agents, and subcontractors. Shelter is not obligated under this Section to indemnify City for the sole negligence of City. F. In no event must the language in this Section constitute or be construed as a waiver or limitation of City’s rights or defenses, or Shelter’s rights or defenses, with regard to sovereign immunity, governmental immunity, or other official immunities and protections as provided by the federal and state constitutions or by law. G. Shelter’s obligation to indemnify and hold harmless will remain in effect and will be binding on Shelter whether such injury will accrue, or may be discovered, before or after termination of this Agreement. VI. Fees Beginning January 1, 2026, the City will pay the Shelter an annual fee of $63,430.00 as consideration for providing the Core Services. The annual fee will be paid in monthly installments of $5,285.83 on or before the fifteenth day of each month. If the Agreement is renewed for subsequent calendar years, as provided for in Section VIII, the annual fee will remain the same in each subsequent term. VII. Donations When soliciting or collecting a donation, the parties will make efforts to ascertain whether the intended recipient of the donation is Prairie Paws Animal Shelter or the City of Ottawa for animal-related purposes. Donations made during a fundraising event will be presumed to be intended for the party hosting the event. The Shelter will retain 7 01.14.26 Regular Mtg Pkt Page #17  Back to Agenda donations that are intended for the Shelter. The City will retain donations that are addressed to the City of Ottawa for animal shelter purposes or are otherwise generally addressed and delivered to or collected by the City, including all estate bequests, unless the donation is addressed to Prairie Paws Animal Shelter. If either party receives a donation to which the other party is entitled, the receiving party will promptly and securely transfer the donation to the other party. VIII. Term & Termination A. The effective date of this Agreement will be January 1, 2026, and it will expire on December 31, 2026. Simultaneously with this Agreement taking effect, the parties’ Prior Agreement will terminate. B. Subject to annual appropriation by the Governing Body of the City, this Agreement will automatically renew for two subsequent, one-year terms, unless a party notifies the other of its intent not to renew the Agreement, and such notice is made at least 60 days in advance of the last day of the then-current term. C. Either party can terminate this Agreement upon 90 days’ written notice for any reason. In the event of termination, the City’s obligation to pay the fees provided for in Subsection VI. will terminate, pro-rated to the termination date. D. Notwithstanding the expiration and non-renewal of the initial Term or any subsequent Renewal Term, the parties will continue performance under this Agreement until City has a new contract in place with either Shelter or another provider or until either party terminates the Agreement by providing at least 90 days advance written notice. IX. Miscellaneous Provisions A. Nothing in this Agreement will limit or prevent the Shelter from using pre-conviction forfeiture proceedings outlined in K.S.A. §21-6412(e) or 6414, et. seq., for disposition of impounded animals. B. The Shelter is performing the Services provided for in this Agreement as an independent contractor. The Shelter’s fundraising, advertising, and promotional materials may not utilize the City’s logo. If the Shelter desires to mention the City by name in such materials it must first seek the City’s written permission. C. This Agreement will not be construed to confer a benefit, direct or implied, on any third parties. D. Notices pursuant to this Agreement will be sent to the parties at the following addresses: City: Attn: City Clerk 101 S. Hickory St. Ottawa, Kansas 66067 8 01.14.26 Regular Mtg Pkt Page #18  Back to Agenda Shelter: Prairie Paws Animal Shelter 3173 Hwy K68 Ottawa, KS 66067 E. This Agreement will be governed by and construed in accordance with the laws of the State of Kansas. F. The parties agree any legal action arising out of this Agreement will be filed solely in the Franklin County, Kansas, District Court, or the U.S. District Court of Kansas, as appropriate. G. This Agreement, including any exhibits or attachments incorporated herein by reference, represents the entire Agreement and understanding between the parties, and this Agreement supersedes any prior negotiations, proposals or agreements. Unless otherwise provided in this Agreement, any amendment to this Agreement will be in writing and will be signed by the City and the Shelter. H. If any part, term or provision of this Agreement, or any attachments or amendments hereto, is declared invalid, void, or enforceable, all remaining parts, terms and provisions will remain in full force and effect. I. The failure of either party to require performance of this Agreement will not affect such party’s right to enforce the same. A waiver by either party of any provision or breach of this Agreement will be in writing. A written waiver will not affect the waiving party’s rights with respect to any other provision or breach. J. Nothing in this Agreement will be construed to give any rights or benefits to any party other than the City and Shelter. The parties agree that the services to be performed by the Shelter under the terms of this Agreement are personal and Shelter will not assign any interest in this Agreement without the City’s prior written consent. If Shelter assigns an interest in this Agreement without the City’s prior written consent, such assignment will be void, and City may immediately terminate or suspend this Agreement. K. Subject to Section IX.H., this Agreement will be binding upon the heirs, executors, administrators, successors and assigns of the parties. L. Rights not limited. This Agreement will not be construed to limit other rights belonging to the City under Kansas statute or other laws. M. The individuals signing this Agreement on behalf of each party have authority to bind their respective organizations to the terms of this Agreement. [signatures to follow on the next page] 9 01.14.26 Regular Mtg Pkt Page #19  Back to Agenda IN WITNESS WHEREOF, the parties hereto have set their hands the day and year above written. CITY: SHELTER: ___________________________________ ______________________________________ Zach Clayton, Mayor Vanessa Cowie, Executive Director ATTEST: City Clerk 10 01.14.26 Regular Mtg Pkt Page #20  Back to Agenda EXHIBIT A REPORTING METRICS Industry Definition Analytical Value Metric 1. Intake The number of live animals The number of intakes directly affects the cost Volume admitted to the facility over of animal sheltering but also contributes to time. scale, and in the Midwest is complicated by seasonal fluctuations. Analyzing the number of animals (of different species) that are entering through various intake types (and sub-types) is useful in providing comprehensive programming, but is not typically indicative of the success of an organization. 2. Length of The number of days between While in its most simplistic form, a low LOS is Stay (LOS) intake and outcome for a pet. beneficial as it results in lower cost/animal and Often averaged over time is beneficial to the physical and mental health of and by species. This can also the animals and staff. However, LOS is useful be analyzed by intake type, in determining appropriate adoption fees, as outcome type and well as making policy-changes that relate to jurisdiction. intake and operations. Achieving & maintaining a low LOS for individual animals is a goal of the organization but variables such as time of year, estimated adult size, breed, age and jurisdiction need to be considered. 3. Reclaim Rate The percentage of stray A high percentage of claimed pets lowers costs, animals that are reunited with and is beneficial to the community. There are their owner. various strategies that help to increase reclaim Note: Pets can also be rates, but reclaim rates can also reflect larger adopted to former owners, social issues in the community. Financial and which can impact reclaim housing challenges often negatively impact rate. reclaim rates. 4. Adoption The percentage of adopted Generally, a low return rate is positive. Best- Return Rate pets that are returned to the practice adoption policies help to reduce return facility. rates, but policies that are too focused on Note: Returns may be reducing returns can be discriminatory and processed as owner lower the overall volume of adoptions. surrenders after a certain period of time in the home. Also, if the adopter lives outside the service area, a return may not be accepted. 01.14.26 Regular Mtg Pkt Page #21  Back to Agenda 5. Live Release The percentage of animals Generally, a high LRR is desirable and exceeding Rate (LRR) that achieved a live outcome. 95% should always be the goal. However, 90% is the generally- policies that focus only on LRR can have accepted benchmark for No- unintended consequences including overly Kill. restrictive intake policies, and sometimes can even result in animal suffering. 6. Data relative to other programs offered at the Shelter for other taxing jurisdictions. 7. Data relative to pet licenses, pursuant to III.B.7.C of this Agreement, such as the number of pet licenses sold, total number of animals with current pet licenses, pet license fees collected, etc. 8. Data relative to Foster and Volunteer programs, such as the number of foster homes, number of animals placed in foster, number of volunteers, number of volunteer hours served, etc. 9. Copies of Financial Statements and the results of any audit. 01.14.26 Regular Mtg Pkt Page #22  Back to Agenda Exhibit B - Animal Services Intake Form Case #: Impound Date: / / Officer Name & Badge:______________________________ Kennel Placement: _________________________________ Finder Name: ______________________________________ Finder Address: Finder Phone: Finder ID: _______________ Was the animal found in the City limits of Ottawa? Yes ▢ No ▢ Detailed Pickup Location: Zip Code: Reason for Impound/Violation of City Code: _______________________________________________________________________ _ Reason for Impound/No Violation: _______________________________________________________________________ _ Description of Complaint: Danger: ▢ Flag: ▢ Do Not Release: ▢ Reason: Species: Gender: Male ▢ Female ▢ Unknown ▢ Animal Name (If known): Spayed/Neutered: Yes ▢ No ▢ Microchip Number: Initiated Microchip tracing? Yes ▢ No ▢ 01.14.26 Regular Mtg Pkt Page #23  Back to Agenda Estimated Age: Coat Color: Coat Length: Collar/Harness Description: No collar/Harness ▢ Tags/License #: Physical Condition: Deceased: ▢ Necropsy Needed? ▢ If yes, Why? Appears Normal ▢ Sick ▢ Injured ▢ Requires Immediate Vet Care: ▢ Other ▢ Body Condition Score (1-9): Owned Animal: ▢ No Known Owner: ▢ Owner Name: Phone: Owner Street Address: City: Owner Contacted: Verbally ▢ Left Voicemail ▢ Door Hanger ▢ Did not attempt ▢ Additional Relevant Information: 01.14.26 Regular Mtg Pkt Page #24