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2023-05-02 Resolution
Attachments:USG S.S.B. #1 Item Number: 6.b. May 2, 2023 Motion approving the appointment of Noah LeFevre as the City Council Liaison and Mathew Monsivais as the Alternate City Council Liaison from the Iowa Undergraduate Student Government (USG) to the City Council until May 1, 2024. Student Government UNIVERSITY OF IOWA UNDERGRADUATE STUDENT GOVERNMENT 1st Legislative Session—April 25th,2023 Student Senate S.S.B.#1 Sponsors: Senator Vaddadi (On behalf of the Office Administrative Committee) Student Senate Action: Passed/Failed/Tabled AN ACT To confirm the 2023-2024 Executive Cabinet. Section 1. Short Title This bill may be titled as, "Confirmation of the 2023-2024 Executive Cabinet" Section 2. Discussion Whereas,the President-elect and Vice President-elect first conducted an application and interview process to select the nominee for the 2023-2024 Cabinet Director; and, Whereas,The Office Administrative Committee(OAC)was composed of the 2023-2024 President-elect, Vice President-elect, and the Cabinet Director; and, Whereas,the OAC conducted an application and interview process in order to select the nominees for the 2023-2024 USG Executive Cabinet. Section 3. Action Whereas, the OAC nominates these candidates to serve in the 2023-2024 USG Executive Cabinet: Cabinet Director Ijeoma Ogbonna Director of Academic Affairs Amira Qidwai Director of Communications Matt McDonnell Director of External Relations Brenda Ramirez Director of Finance Jack Carrell Director of Governmental Relations Keaton Zeimet Director of Health & Safety Ahmed Baig Director of Justice & Equity Marco Morel Deputy Director of Justice & Equity Estella Ruhrer-Johnson Director of Operations Benjamin Cooper Director of Student Life Paramita Nayak Director of Sustainability Delaney Behning Deputy City Liaison Matthew Monsivais Graphic Designer Madigan Peimann Graphic Designer Megan Klein Whereas, that the Student Senate confirms the aforementioned candidates to serve in the 2023-2024 USG Executive Cabinet Section 4. Enactment Clause Be it enacted by University of Iowa Undergraduate Student Government upon the signature of the President. (101thIPVI>l/ -4•43.)40t„ Speaker of the Senate Addison Eckard I hereby attest and certify that this bill originated from the 2023-2024 Student Senate Session. APPROVED on / 2q /2023 , USG President Mitch Winterlin Prepared By:Ben Clark, Sr. Engineer Reviewed By:Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact:$1,563,400 available in the Digester Complex Rehabilitation account #V3151 Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Resolution Agreement Item Number: 6.c. May 2, 2023 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Strand Associates, Inc., of Madison, Wisconsin to provide engineering consultant services for the Digester Complex Rehabilitation Phase 1 Project. Executive Summary: This agenda item authorizes an agreement to provide engineering services for the Digester Complex Rehabilitation Phase 1 Project at the Wastewater Treatment Facility. The agreement includes preliminary design, final design and permitting services. An additional scope of services is expected to be negotiated at a later date to include, bidding, and construction phase services. Background / Analysis: The City of Iowa City recently commissioned a facility plan for the Digester Complex that evaluated the condition of the existing digester equipment, current digester loadings, gas production, future capacity needs and struvite management alternatives. The facility plan identified three phases of improvements; two that will rehabilitate and improve the existing facility and one that will allow the plant to produce pipeline quality gas for sale on the renewable fuel market. This project is the first phase of rehabilitation and improvements. This project includes replacing the existing tank insulation, tank seals, gas safety equipment, and monitoring instrumentation. It also includes replacing the existing draft tube mixing systems with linear motion mixing systems for estimated annual energy savings of approximately 400,000 kWh or $25,000. Additional improvements include a new sludge screening process, a new chemical storage building for struvite management and a new high strength waste receiving and storage facility. The second phase of rehabilitation improvements, which will include replacing the boilers and transfer pumps, will happen in the future when funds are available in the Capital Improvement Program. The pipeline quality gas project is currently under preliminary design under a separate contract. Prepared by:Ben Clark,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5436 Resolution No. 23-1 29 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Strand Associates, Inc., of Madison, Wisconsin to provide engineering consultant services for the Digester Complex Rehabilitation Phase 1 Project. Whereas, the City desires the services of a qualified firm to provide engineering services for the Digester Complex Rehabilitation Phase 1 Project, herein after referred to as the Project, located at the City's Wastewater Treatment Facility, 4366 Napoleon Street SE, Iowa City, IA; and Whereas, the Consultant prepared a facility plan for the Digester Complex that evaluated the condition of the existing digester equipment, current digester loadings, gas production, future capacity needs and struvite management alternatives; and Whereas, based on the results of the facility plan, the City desires to proceed with a project to rehabilitate existing equipment and to provide new struvite management processes and a new high strength waste receiving facility; and Whereas, the City issued a Request for Proposals for engineering services for the Digester Complex Rehabilitation Project; and Whereas, submittals were received from consulting firms and evaluated by a selection committee; and Whereas, Consultant was selected based on qualifications and project specific criteria such as project approach, regulatory process experience, key personnel, schedule, and compensation; and Whereas, funds are available in the Digester Complex Rehabilitation account#V3151. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant Agreement attached hereto is in.the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Resolution No. 23-129 Page 2 Passed and approved this end day of May , 2023 ;j)4A"---r:T'LQ-- Ma 11 Approved by Attest: - City Clerk City Attorn 's Office—04/27/2023 J It was moved by Taylor and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter X Bergus x Dunn x Harmsen x Taylor x Teague X Thomas Consultant Agreement This Agreement, made and entered into this 2nd day of MaY , 2023, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City, and Strand Associates, Inc. ,' of Madison. Wisconsin, hereinafter referred to as the Consultant. Whereas, the City issued a Request for Proposals (RFP) for engineering services for its Digester Complex Rehabilitation Project, for City's Wastewater Treatment Facility (WWTF) Digester Complex; and Whereas, the RFP contemplated the scope of work would include an engineering study of the existing digestion system with recommendations, and also design, bidding and construction phase services related to the Project; and Whereas, submittals were received from consulting firms and evaluated by a selection committee; and Whereas, Consultant was selected based on qualifications and project-specific criteria such as project approach, regulatory process experience, key personnel, schedule, and compensation; and Whereas, the City and Consultant entered into a Consultant Agreement for the creation of a Facilities Plan (hereinafter"Facility Plan") for the WWTF Digester Complex that evaluated, among other things, the condition of the existing digester equipment, current digester loadings, gas production, future capacity needs, and struvite management alternatives; and Whereas, based on the results of the Facility Plan, the City desires to proceed with a project to rehabilitate existing equipment and to provide new struvite management processes and a new high strength waste (HSW) receiving facility; and Whereas, the City now desires to contract with Consultant to provide engineering services necessary to design the project; and Whereas, funds are available in the Digester Complex Rehabilitation Account#V3151. Now therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. t. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Preliminary Design Services 1. Conduct a project kickoff meeting at City's WWTF. Consultant's project manager will attend the meeting with additional staff participating virtually, as appropriate. 2. Participate in up to three approximately one-hour-long virtual progress meetings with City and Consultant's project manager. Prepare an agenda and meeting minutes for each meeting. Page 1 of 8 3. Develop a Basis of Design Technical Memorandum, organized by structure, summarizing applicable building code and considerations; structural design criteria; National Fire Protection Agency 820 standards; process, mechanical, and plumbing design standards; fire protection system types and standards; and heating and ventilation design standards. The Basis of Design Technical Memorandum will include design criteria for the following: a. General process descriptions and layouts, preliminary design parameters, and preliminary process equipment list. b. Evaluate eliminating boiler digester gas compressors. c. A new sludge flow system schematic, a digester gas schematic, a new HSW/fats, . oils, and grease (FOG) system schematic, and a new septage schematic. d. Design criteria for new structures consisting of the following elements: (1) Wall types, room finishes, doors, windows, and roofs. (2) Heating, ventilation, and air conditioning (HVAC). (3) Plumbing (including potable systems, non-potable systems, and drainage). (4) Natural gas. (5) Fire protection. e. Develop a preliminary site plan for the Project that shows locations of major new structures and proposed roadways. 4. Submit the draft Basis of Design Technical Memorandum to City for review. 5. Conduct a one-day draft Basis of Design Technical Memorandum workshop at City's WWTF. Consultant's project manager will attend the workshop with additional staff participating remotely via videoconference, as appropriate. 6, Review and respond to City's comments and incorporate changes to the Basis of Design Technical Memorandum, as appropriate. Provide one electronic copy of the Basis of Design Technical Memorandum to City. Design Services 1. Perform design services for the Project included in the Phase 1 portion of the 2023 Digester Complex Rehabilitation Project Facilities Plan. a, Replacement of the draft tube mixing system with a recirculation mixing pump system for Sludge Equalization Tank T8001. The recirculation mixing pump system will include two chopper pumps, piping, mixing nozzles, and associated electrical work. Replacement of the liner inside Sludge Equalization Tank T8001. b, Renovation of existing covers on Digesters T8101, T8201, T8301 and T8401. Renovation will include replacement of insulation, replacement of digester cover seals; replacement of digester gas safety equipment located on top of each digester; replacement of level monitoring instrumentation, and replacement of heat tracing on top of each digester. c. Replacement of existing covers on Digesters T8601 and T8701 with new stainless-steel covers, Renovation will include replacement of insulation, replacement of digester gas safety equipment located on top of each digester, replacement of level monitoring instrumentation, and replacement of heat tracing on top of each digester. Page 2 of 8 d. Replacement of existing mixing systems on Digesters T8101, T8201, T8301, T8401, T8601, and T8701 with a linear motion mixing system or a vertical shaft agitation mixing system. A linear motion mixing system will be the basis of design. Existing mixer systems and associated electrical and structural components will be demolished. e. Replacement of the recirculation mixing pump system for Sludge Holding Tank T8801, The new recircu ation mixing pump system will include two chopper pumps, piping, mixing nozzles, and associated electrical work, f. Construction of one new external above-grade manway on each of Digesters T8101, T8201, T8301, and T8401. g. Relocation of five manual digester gas drip traps from the basement of Digester Building 8500 into the gas handling system room of Digester Building 8500. h. Construction of a ventilation monitoring system for Digester Building 8500. Construction of a new building containing the following elements: (1) Two 32,000-gallon blended sludge tanks to be constructed with a recirculation mixing pump systems. Recirculation mixing pump systems will include two chopper pumps, piping, mixing nozzles, and associated electrical work. Blended sludge tanks will be constructed adjacent to the building and blended sludge chopper pumps will be constructed inside the building basement. Construction of yard piping to convey thickened waste activated sludge and primary sludge to the blended sludge tank. (2) Sludge screening facilities consisting of two blended sludge feed pumps, two sludge screens, a dedicated screened sludge storage tank beneath each screen, and two screened sludge feed pumps each. Construction of yard piping to convey screened sludge to Sludge Equalization Tank T8001. (3) Construction of a new chemical storage facilities containing two 6,500-gallon chemical storage tanks and two skid-mounted chemical feed systems with two chemical feed pumps each. Construction of a fire protection system for chemical storage facilities. Construction of yard piping and piping inside the existing digester building to convey ferric chloride to Digesters T8101, T8201, T8601, and T8701; and Sludge Equalization Tank T8001. (4) Construction of HSW and FOG receiving facilities containing two 20,000-gallon insulated stainless steel silos, two HSW/FOG systems which would process HSW and/or FOG, two processed HSW and/or FOG wet wells, two HSW/FOG receiving pumps, and two HSW/FOG feed pumps. Construction of yard piping and piping inside the digester complex to convey blended HSW and FOG to Digesters T8101, T8201, T8301, T8401, T8601, and T8701; and Sludge Equalization Tank T8001. (5) Construction of new plumbing and HVAC for the new building. (6) Construction of an electrical room, a sprinkler room, and a sample room. (7) Construction of new interior and exterior building lighting, grounding, and receptacles. Electrical and controls design for new equipment and building. (8) Construction of new roadways within the site to the new building. 2. Assist City in retaining the services of a geotechnical consultant to conduct soil borings at the WWTF site and to develop a geotechnical report for proposed structures. City shall contract directly for geotechnical services. 3. Conduct a topographic survey of the site. Page 3 of 8 4. Perform a laser scan of the interior and exterior of Digester Building 8500 and Digester Building 8600. 5. Prepare draft Bidding Documents and an updated opinion of probable construction cost (OPCC) for review at 30, 60, and 90 percent project completion and distribute documents to City in electronic format. 6. Conduct three three-hour-long workshops to discuss 30, 60, and 90 percent design documents at City's office. Consultant's project manager will attend the meetings with additional staff participating remotely, as appropriate. 7, Participate in up to nine approximately one-hour-long virtual progress meetings with City and Consultant's project manager and Consultant's staff. Prepare an agenda and meeting minutes for each meeting. 8. Incorporate City's comments from the 30, 60, and 90 percent design workshops, as appropriate. 9. Prepare Iowa Department of Natural Resources (IDNR) construction permit application forms and submit construction permit design documents to the IDNR for review and approval. Submit 90 percent drawings and specifications to the IDNR for approval with construction permit application. City shall pay review fees. 10. Prepare Bidding Documents using Engineers Joint Contract Documents Committee C-700 Standard General Conditions of the Construction Contract, 2018 edition, technical specifications, and engineering drawings. II. Time of Completion The City anticipates authorizing these services by May 2, 2023. The Consultant shall complete the services in accordance with the following milestones. Scope Item Anticipated Milestone Completion Date Kickoff Meeting Week of May 8, 2023 Submit Technical Memo to City August 10 2023 Thirty Percent Complete Design Documents to City October 12, 2023 Thirty Percent Complete Design Review Meeting October 19, 2023 Sixty Percent Complete Design Documents to City March 14, 2024 Sixty Percent Complete Design Review Meeting March 21, 2024 Ninety Percent Complete Design Documents to City October 17, 2024 Ninety Percent Complete Design Review Meeting October 24, 2024 IDNR Submittal August 22, 2024 Final Design Documents to City November 21, 2024 Final Bidding Documents to City December 31, 2024 III. Compensation for Services Consultant shall be compensated for performing the above-described Scope of Services on an hourly rate basis not to exceed one million five hundred sixty-three thousand four hundred dollars ($1,563,400) in accordance with the Hourly Billing Rate Schedule below. No compensation shall be paid for mileage or meals for the in-person meetings or trips described in the Scope of Services. Page 4 of 8 Hourly Billing Rates* Senior Project Manager S280 to $320 Senior Project Engineer S220 to $280 Project Engineers $150 to $250 Junior Project Engineers S110 to $170 Technicians $100 to $150 Administrative $ 90 to $115 Updated annually on July 1 not to exceed 15 percent markup from previous year. IV. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion,sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin. disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all services performed up to the time of termination. However, such sums shall not be greater than the "not-to-exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the services as set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. Meetings in addition to those provided for in the scope of services shall be considered additional services. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. Page 5 of 8 The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. • 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub-consultants, and others for whom Consultant is legally liable, and the term "City"means and includes the City of Iowa City, Iowa its Mayor; City Council members, employees, and volunteers, Page 6 of 8 P. Insurance 1. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein. Consultant agrees to notify the City within five (5) business days with a copy of the non-renewal or cancellation notice. Q. Standard of Care 1. The Consultant shall perform services for, and furnish deliverables to, the City • pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to. and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the • execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. {Remainder of this page intentionally left blank.) Page 7 of 8 FOR THE CITY FOR THE CONSULTANT CITY OF IOWA CITY STRAND ASSOCIATES, INC.© By: By: 0,7 Joseph M. Bunker Title: Mayor Title: Corporate Secretary Date: 5/2/2023 Date: /7.-03 ATTEST: f :; TTEST: �g _ Approved b City Attorney's Office Date: Page 8 of 8 Prepared By:Joe Welter, Sr. Engineer Reviewed By:Jen Jordan, Resource Management Superintendent Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact:$97,770 available in ACM Landfill Gas Infrastructure Expansion Project, Account #L3344 and Landfill operational funds Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Resolution Agreement Item Number: 6.d. May 2, 2023 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Stearns, Conrad and Schmidt, Consulting Engineers, Inc. dba SCS Engineers, a Virginia corporation to provide environmental compliance and engineering consultant services for the Iowa City Landfill and Recycling Center. Executive Summary: This agenda item approves the consultant agreement to provide ongoing environmental compliance and engineering services to comply with local, state, and federal regulations for the Iowa City Landfill and Recycling Center through June 30, 2024. Background / Analysis: Evora Consulting, formerly known as Barker Lemar Engineering Consultants informed the City this winter that they would cease to perform landfill consulting services on February 28, 2023. At that time, the City had two current agreements with Evora and the City is still in need of the remaining services included in those agreements. Many of the staff that the City had been working with at Evora now work for SCS. This agreement seeks to contract with SCS to complete the scope of services and time frames intended by the previous two agreements with Evora. The Landfill Facility operates according to the following permits: Iowa Department of Natural Resources (DNR) Sanitary Disposal Project (SDP) Permit Number 52-SDP-01-72P DNR Compost Facility Permit Number 52-COM-02-22 DNR Title V Operating Permit, Air Quality Operating Permit Number 00-TV-007R3 Beyond the requirements of the existing permits, additional regulatory requirements for the Facility are contained within section 567, Environmental Protection Commission, of the Iowa Administrative Code (IAC). The Facility is also subject to certain federal regulations administrated by the United States Environmental Protection Agency (EPA). These regulations are under Title 40, Protection of Environment, of the Code of Federal Regulations (CFR). As part of this project, SCS will assist the City in environmental compliance and engineering services through June 30, 2024 to assist the landfill in compliance with applicable regulatory requirements. Additionally, as part of a DNR-approved Assessment of Corrective Measures (ACM) Report, it was a recommendation that the existing dual extraction system be expanded to include Gas Wells GW-116 and GW-117. This expansion will aid in the natural attenuation of the groundwater, which is the selected remedy within the ACM Report. As such, the City intends to convert multiple existing gas wells to dual extraction wells using air-powered pumps to extract leachate/condensate from the wells to the existing leachate collection system. SCS will design these systems and assist the City during bidding and construction. 19.d Prepared by:Joe Welter,Engineering Division,410 East Washington Street,Iowa City, Iowa 52240,(319)356-5144 Resolution No. 23-130 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Stearns, Conrad and Schmidt, Consulting Engineers, Inc. dba SCS Engineers, a Virginia corporation to provide environmental compliance and engineering consultant services for the Iowa City Landfill and Recycling Center. Whereas, the Iowa City Landfill and Recycling Center has ongoing environmental compliance and engineering requirements to comply with local, state, and federal regulations; and Whereas, the City has an Agreement with Barker Lemar Engineering Consultants, Inc. of West Des Moines, Iowa (now known as Evora Consulting, Ltd.), dated January 21, 2020, for ongoing environmental compliance and engineering requirements to comply with local, state, and federal regulations; and Whereas, the City submitted an Assessment of Corrective Measures (ACM) Report, prepared by Evora Consulting as part of the January 21, 2020 Agreement with Barker Lemar Engineering Consultants, to the Iowa Department of Natural Resources (DNR) on December 28, 2020; and Whereas, the DNR approved the ACM Report in correspondence dated April 7, 2021; and Whereas, the City submitted a Selection of Remedy and Corrective Action Groundwater Monitoring Program to the DNR on August 16, 2021; and Whereas, part of the selected remedy was an expansion of the existing dual extraction system to Gas Wells GW-116 and GW-117; and Whereas, the City desires to design and construct an expansion of the dual extraction system to achieve the selected remedy; and Whereas, the City has an Agreement with Evora Consulting, Ltd., dated December 22, 2022, to provide preliminary design, final design, preparation of a project manual for bidding, bidding assistance, and construction services for the Landfill Dual Extraction System Expansion to Gas Wells GW-116 and GW-117 Project; and Whereas, Evora Consulting, Ltd. informed the City that they would stop performing landfill consulting services as of February 28, 2023; and Whereas, the City desires to complete the remaining services within the January 2020 and December 2022 Agreements with SCS Engineers; and Whereas, the City issued a Request for Proposals, Environmental Compliance and Engineering Services for January 1, 2020 through June 30, 2024 for the Iowa City Landfill and Recycling Center, dated November 4, 2019, to private engineering consulting firms interested in performing these services; and Resolution No. 23-130 Page 2 Whereas, the City issued a Request for Qualifications, On-Call Professional Design, Engineering, and Planning Services for the Iowa City Landfill and Recycling Center(2021 —2022), dated March 26, 2021, to private engineering consulting firms interested in performing these services; and Whereas, submittals were received from consulting firms, on both requests, and evaluated by selection committees; and Whereas, Consultant was selected based on qualifications, key personnel, project approach, and fees and rates; and Whereas the City has negotiated an Agreement for said consulting services with Consultant, to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Consultant; and Whereas,funds are available, for Part I, Scope of Services, Tasks 1 —18, in the Landfill Engineering Services, Account Number, 75750121 —432090; and Whereas, funds are available, for Part I, Scope of Services, Tasks 19—23, in the ACM Landfill Gas Infrastructure Expansion Project, Account Number L3344. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Passed and approved this 2nd _day of May , 2023 Ma Approved by Attest: City Clerk City Attorney' Office—04/26/2023 It was moved by Taylor and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter x Bergus x Dunn x Harmsen x Taylor x _ Teague x Thomas Consultant Agreement This Agreement, made and entered into this 2nd day of May , 2023 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Stearns, Conrad and Schmidt, Consulting Engineers, Inc. dba SCS Engineers, a Virginia corporation, hereinafter referred to as the Consultant. Whereas,the Iowa City Landfill and Recycling Center has ongoing environmental compliance and engineering requirements to comply with local, state, and federal regulations; and Whereas,the City has an Agreement with Barker Lemar Engineering Consultants, Inc.of West Des Moines, Iowa (now known as Evora Consulting, Ltd.), dated January 21, 2020, for ongoing environmental compliance and engineering requirements to comply with local, state, and federal regulations; and Whereas, the City submitted an Assessment of Corrective Measures (ACM) Report, prepared by Evora Consulting as part of the January 21, 2020 Agreement with Barker Lemar Engineering Consultants, to the Iowa Department of Natural Resources (DNR)on December 28, 2020; and Whereas, the DNR approved the ACM Report in correspondence dated April 7, 2021; and Whereas,the City submitted a Selection of Remedy and Corrective Action Groundwater Monitoring Program to the DNR on August 16, 2021; and Whereas, part of the selected remedy was an expansion of the existing dual extraction system to Gas Wells GW-116 and GW-117; and Whereas, the City desires to design and construct an expansion of the dual extraction system to achieve the selected remedy; and Whereas, the City has an Agreement with Evora Consulting, Ltd., dated December 22, 2022, to provide preliminary design, final design, preparation of a project manual for bidding, bidding assistance, and construction services for the Landfill Dual Extraction System Expansion to Gas Wells GW-116 and GW-117 Project; and Whereas, Evora Consulting, Ltd. informed the City that they would stop performing landfill consulting services as of February 28, 2023; and Whereas, many of the personnel who previously performed the subject services for the City on behalf of Evora Consulting, Ltd. have now moved their employment to SCS Engineers; and Whereas, the City desires to complete the remaining services within the January 2020 and December 2022 Agreements with SCS Engineers; and Whereas, the City issued a Request for Proposals, Environmental Compliance and Engineering Services for January 1, 2020 through June 30, 2024 for the Iowa City Landfill and Recycling Center, dated November 4, 2019, to private engineering consulting firms interested in performing these services; and -2 - Whereas, the City issued a Request for Qualifications, On-Call Professional Design, Engineering, and Planning Services for the Iowa City Landfill and Recycling Center(2021 —2022), dated March 26, 2021, to private engineering consulting firms interested in performing these services; and Whereas, submittals were received from consulting firms, on both requests, and evaluated by selection committees; and Whereas, Consultant was selected based on qualifications, key personnel, project approach, and fees and rates; and Whereas the City has negotiated an Agreement for said consulting services with Consultant, to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Consultant, and; Whereas, funds are available, for Part I, Scope of Services, Tasks 1 — 18, in the Landfill Engineering Services, Account Number, 75750121 —432090; and Whereas, funds are available, for Part I, Scope of Services, Tasks 19 — 23, in the ACM Landfill Gas Infrastructure Expansion Project, Account Number L3344; and Now therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. In so doing, the Consultant will assist the City in environmental compliance and engineering services with local, state, and federal regulations, between the date of execution of this Agreement and June 30, 2024. Additionally, the Consultant will assist the City with implementing part of the selected remedy consisting of the expansion of the existing dual extraction system. The Scope of Services includes the following tasks as described below. The Iowa City Landfill and Recycling Center will be referred to as the Facility in the following Scope of Services. Background The Facility operates according to the following requirements, including, but not limited to: • Iowa Department of Natural Resources (DNR) Sanitary Disposal Project (SDP) Permit Number 52-SDP-01-72P • DNR Compost Facility Permit Number 52-COM-02-22 • DNR Title V Operating Permit, Air Quality Operating Permit Number 00-TV-007R3 A renewed SDP Permit was issued December 19, 2022, with expiration date December 19, 2027. The current five-year Title V Operating Permit was issued on July 23, 2018. The Title V Operating Permit expires on July 22, 2023 with a permit renewal currently being processed through the DNR. The majority of the Facility's state compliance requirements are contained in the above-listed permits. Some regulatory requirements for the Facility not covered directly in these permits are contained within 567, Environmental Protection Commission, of the Iowa Administrative Code (IAC). The Facility is also subject to certain federal regulations administrated by the United States Environmental Protection Agency (EPA). These regulations are under the Title 40, Protection of Environment, of the Code of Federal Regulations (CFR). -3- As part of the DNR approved ACM Report, it was the recommendation that the dual extraction system be expanded to include Gas Wells GW-116 and GW-117. This expansion will aid in the natural attenuation of the groundwater, which is the selected remedy within the ACM Report. As such, the City intends to convert multiple existing gas wells (GW) to dual extraction wells (DEW) using air-powered pumps to extract leachate/condensate from the wells to the existing leachate collection system. Where necessary, new leachate headers will be designed. Similarly,air to power the pumps will be supplied from existing airline stubs or new lines designed as necessary. The Gas Wells GW-116 and GW-117 Design within the following scope of services is based on a conceptual design developed by Evora Consulting and the City including, but not limited to: placement of the leachate and air lines in a single trench and connection to their respective systems east of GW-123. The layout for conversion of GW-108, GW-105, GW-106, and GW-103 as well as replacement of LEW-1 was part of this conceptual design. The 2018. Dual Extraction System Construction Project manual and drawings from that project will be used as a template for this project. Task 1 —AWQR, LCSPER and MMR The Consultant will, in accordance with the requirements of the SDP Permit and those contained within 567 IAC, submit an Annual Water Quality Report (AWQR) as well as the supplemental Leachate Control System Performance Evaluation Report (LCSPER) and Methane Monitoring Report (MMR). These documents will be structured in a manner that takes a holistic approach to align the Facility in a position that best suits its plans and goals, while also meeting all regulatory requirements. The AWQR will be prepared in accordance with Special Provision X.4.k of the SDP Permit, under the direction of a qualified groundwater scientist, and to address the Series A Wells, Series B Wells, and the groundwater underdrains. The report will include a summary of groundwater monitoring results, groundwater levels, monitoring well depths statistical analysis utilizing Sanitas, and any associated recommendations. The LCSPER will be prepared in accordance with 567 IAC accordance with 113.7(5)b(14)to include an evaluation of the effectiveness of the system in controlling leachate: leachate head levels and elevations, the volume of leachate collected and transported to the treatment works or discharged under any NPDES permits, records of leachate contaminants testing required by the treatment works, proposed additional leachate control measures, and an implementation schedule in the event that the constructed system is not performing effectively. The MMR will be prepared in accordance with Special Provision X.5.b of the SDP Permit and will summarize the methane gas monitoring results and any action taken resulting from methane levels exceeding the specified limits during the 12-month reporting period. The Consultant will address comments or concerns that the DNR has identified in past groundwater reporting as part of the AWQR and its supplemental reports. Task 2—Annual Sampling Assistance Semi-annual groundwater sampling events and technical support will be coordinated with City Staff. This includes the preparation of the well inventory and ordering of all necessary coolers and bottles to complete the required sampling of groundwater wells at the Facility for the spring and fall sampling events. Support will also be provided by the Consultant as it relates to low-flow sampling processes and procedures. Assistance will be provided for both events within Fiscal Year (FY) 2024—fall 2023 and spring 2024. -4- Task 3—Title V Annual Compliance Certification Report The Consultant will satisfy the regulatory requirements of General Condition IV.G.4 of the Title V Operating Permit by submitting compliance certifications for the previous calendar year. The certifications will include descriptions of means to monitor the compliance status of all emissions sources including emissions limitations, standards, and work practices in accordance with applicable requirements. The certification for a source shall include the identification of each term or condition of the permit that is the basis of the certification; the compliance status; whether compliance was continuous or intermittent; the method(s) used for determining the compliance status of the source, currently and over the reporting period consistent with all applicable department rules. For sources determined non-compliant at the time of compliance certification, a compliance schedule shall be submitted which provides for periodic progress reports, dates for achieving activities, milestones, and an explanation of why any dates were missed and preventive or corrective measures. Task 4—Title V Semi-Annual Monitoring Report The Consultant will satisfy the regulatory requirements of General Condition IV.G.5 of the Title V Operating Permit by preparing and submitting semi-annual monitoring reports for the period of January 1 —June 30 of each year. The report will identify all instances of deviation from the permit requirements utilizing operational data provided by City Staff, as needed and requested. The Consultant will also address all comments and concerns identified by the DNR from previous Title V monitoring reports. The July 1 —December 31 period is reported in Task 3. Task 5—Title V Annual Emissions Inventory The Consultant will prepare an annual emissions inventory with forms specified by the DNR documenting the actual emissions for the previous calendar year in accordance with General Condition IV.G.6.3 of the Title V Operating Permit. The Consultant will utilize the DNR's State and Local Emissions Inventory System (SLEIS)to compile and submit the inventory data. Task 6—Semi-Annual Landfill Gas Collection System (LFGCS) Operating Report The Consultant will prepare two semi-annual LFGCS Operating Reports. These reports will comply with regulatory requirements outlined in 40 CFR 63.1980(a), 60.767(g), and 60.768(c)(1)(i). The Consultant will maintain compliance with New Source Performance Standards (NSPS) Subpart XXX and Subpart WWW reporting as applicable. The Consultant will use the EPA's Electronic Reporting Tool (ERT)for submittal of the report. Operational data will be provided by City Staff, as needed and requested,for the completion of the two semi-annual reports. Task 7—Annual Greenhouse Gas (GHG) Reporting The Consultant will prepare the annual GHG reporting for the Facility in accordance with the requirements in 40 CFR 98.3; other portions of 40 CFR 98 Subpart A, General Provisions; 40 CFR 98 Subpart C, General Stationary Fuel Combustion Sources; and 40 CFR 98 Subpart HH, Municipal Solid Waste Landfills. The Consultant will utilize the EPA's electronic Greenhouse Gas Reporting Tool(e-GGRT)for submittal of the report. Operational and monitoring data for this report will be provided by City Staff, as needed and requested. Task 8—Air Compliance Data Collection Assistance The Consultant will support and expand upon the existing Supervisory Control and Data Acquisition (SCADA) System, as directed by the Facility. The current system consists of a remote collection -5- system that efficiently gathers and processes data while automating some reporting functions. The SCADA System monitors multiple infrastructure points and is utilized for air compliance data collection assistance. The real-time monitoring points include the Landfill Gas(LFG)Flare and four mobile, solar powered pumps, used to remove liquid from gas extraction wells. The system provides alarms for Facility Staff to address equipment malfunctions that affect optimal operation compliance. Task 9—Annual Financial Assurance Cost Estimates The Consultant will prepare an annual third-party estimate of the costs for closure and post-closure coverage, in accordance with 567 IAC 113.14(3)c and 567 IAC 113.14(4)c, for the Facility to account for all costs associated with the currently approved Closure and Post-Closure Plan. A separate estimate was required for the compost facility as it has a separate permit now. These detailed estimates, in current dollars, will be certified by an Iowa-licensed professional engineer. Task 10 — Annual Landfill Volumetrics, Site Topographic Survey and Airspace Analysis Report The Consultant, in accordance with Federal Aviation Administration (FAA) and Department of Transportation (DOT) rules, will utilize a drone to fly the Facility and gather the data necessary to create a topographic site map of the active and open cells of the Facility, including Cells FY95, FY96, FY98, FY02, FY06, FY09, FY18, and any future cells opened within the timeframe of this project. This map will be provided to the City in AutoCAD using the Iowa State Plane South Coordinate System including AutoCAD Civil 3D Surfaces created and aerial imaginary taken. The survey data with waste tonnage data provided by the City Staff will be compared to the prior year data to determine the amount of airspace consumed, the compaction rate over the past year, the long term compaction rate, and the remaining capacity and life span of the active, open, and future cells. The overall capacity of the Facility and the capacity of the open and active cells will be determined. The results of this calculation will be summarized in an annual airspace analysis report submitted to the City. Utilizing the survey data, along with any infrastructure or Facility changes, the Consultant will provide an updated Facility Master Site Plan including, but not limited to:addition of new infrastructure(gas wells, groundwater wells, underground pipes, etc.), changes to cells, and other Facility revisions. Task 11 —Title V Annual Fee Payment Assistance The Consultant will assist the Facility in submitting the required Title V fees utilizing the information gathered from the Annual Emissions Inventory (Task 5). The Consultant will prepare and submit the SLEIS Form 5.0—Title V Annual Emissions Fee Payment with an accompanying cover letter. Task 12—Semi-Annual Water Quality Notification In accordance with 567 IAC 113.10(5) and 567 IAC 113.10(6) and within fourteen days after obtaining results of the statistical analyses following the spring semi-annual groundwater sampling event, the Consultant will prepare and submit a Semi-Annual Water Quality Notification and report any Statistically Significant Increases (SSIs) and Statistically Significant Levels (SSLs) results, along with the associated statistical evaluation, following the groundwater spring sampling event. These results will also be submitted with the AWQR identified in Task 1. The fall groundwater sampling event statistical analysis will be reported in the AWQR identified in Task 1. -6- Task 13—Annual Training The Consultant will provide up to one day of training, as specified by the City Staff, on an annual basis on topics that include but are not limited to the Plans and Standard Operating Procedures (SOPs)that are pertinent to the maintenance and operations at the Facility. Task 14—ACM Assistance The Consultant will assist the Facility in closing out the current ACM process. Task 15—SDP Permit Amendment This task was completed under the January 2020 Agreement with Barker Lemar Engineering Consultants, Inc. The task is listed in this Agreement to maintain consistency of task listings between the previous Agreement and this Agreement, but no further work on this task is required of Consultant. Task 16—SDP Permit Renewal This task was completed under the January 2020 Agreement with Barker Lemar Engineering Consultants, Inc. The task is listed in this Agreement to maintain consistency of task listings between the previous Agreement and this Agreement, but no further work on this task is required of Consultant. Task 17—Title V Operating Permit Renewal The Consultant will assist the Facility through the public comment period, responses to public comments, revisions to the permit, and other services needed until the new permit is issued. Task 18—Hourly General Consulting Services The Consultant will include additional resources for general environmental compliance or engineering services including, but not limited to, onsite troubleshooting, compliance documents, correspondence with agencies, coordination with agencies, and other engineering services. This task will be performed as needed and directed by the City at the standard fee rates provided up to $10,000 per twelve months for the duration of the contract. Task 19—Design of Dual Extraction System Expansion to GW-116 and GW-117 Consultant will perform the following services: • Attend a kickoff meeting and perform site reconnaissance. • Conduct up to three virtual meetings with the City to go over review comments,gather input, etc. • Develop a Project Manual to include procurement and contract documents, specifications, and plans for the construction of the Project, including but not limited to: cover sheet, plan and profile sheets, and details. The 2018 Dual Extraction System Construction Project will be utilized as reference for this design. • Drawings for this project are anticipated to include the sheets listed in Task 16. Drawings shall be prepared on AutoCAD Civil 3D (or compatible)software. CADD files will utilize the Iowa State Plane South Coordinate System. • Quantity takeoffs will be included in the Project Manual and an opinion of probable cost will be prepared. • Provide the technical specifications based on the 2018 Dual Extraction System Construction Project or custom-written. -7- • Provide draft plan sheets for the City's review, and a final draft copy of the Project Manual and Drawings to the City for review and approval. • Upon approval of the Project Manual and Drawings by the City, SCS will provide the City with electronic copies of the Project Manual including specifications and plans signed by an Iowa Registered Professional Engineer. • This task assumes the design of one construction scenario. If the City requests a different scenario or modifications to the design following commencement of work, additional fees shall apply, and an amendment will be prepared before commencing with further work. • The City's front-end documents and applicable specifications will be used for the development of the Project Manual. • Drawings and quantity takeoffs will be based on the current site map. • Deliverables shall include electronic copies of the Project Manual including specifications and plans. Task 20—Request for Approval to Construct Consultant will perform the following services: • Prepare and submit to the DNR a request for Approval to Construct. Submittal of requests for approval to construct does not guarantee approval by the DNR. If the DNR requires substantial changes to the submitted document, changes will be billed to the City on a time and materials basis, following written approval by the City of the proposed changes. • The submittal to the DNR shall include a cover letter and selected plan sheets from the project drawings (see Task 19). Task 21 —Bidding Services Consultant will perform the following services: • Assist the City in the development of the prospective bidders list and notice to bidders. • Attend a pre-bid meeting and follow up with meeting notes that will be attached to an addendum. • Respond to questions from bidders/suppliers as well as issue addenda. • The City will handle or delegate to others the bid posting and plan holders list maintenance. Task 22—Construction Assistance Consultant will perform the following services: • Attend the pre-construction meeting and prepare meeting notes. • Review shop drawings and other submittals. • Provide general engineering and construction administration support upon request of the City. • Provide technical clarification and plan revisions. • Attend one construction progress meeting along with meeting notes. • Attend substantial completion inspection, prepare a checklist, and develop punch list. • This task assumes the City will handle or delegate the preparation of contract documents, request closeout documentation from the Contractor, and provide construction observation under the direct supervision of an engineer registered in the state of Iowa. In addition, the City will lead the meetings. Task 23—Prepare and Submit Construction Observation Report Consultant will perform the following services: -8- • Prepare and submit a construction observation report to the DNR following the construction of the Project. • This task assumes the City and Contractor will provide the necessary information for inclusion in the report and to meet the requirements of the DNR. • Deliverables shall include electronic copies of the construction observation report to be submitted to the DNR and City. Further, the current site map will be updated and electronic files (AutoCAD Civil 3D)will be provided to the City. II. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. The Consultant shall submit two hard copies and one electronic copy for all deliverables required. Work will be completed per the regulated schedule and/or the schedule determined by the City, as applicable. Currently the regulated schedule provided is as follows: Draft to City Final Draft Final Task Number and Description Deliverable for Review Completed Due 1. Annual AWQR, LCSPER & MMR February 7 February 25 February 28 2. Annual Spring Sampling Assistance Ongoing Ongoing March 10 September Annual Fall Sampling Assistance Ongoing Ongoing 10 3. Title V Annual Compliance Certification Report January 31 March 17 March 31 4. Title V Semi-Annual Monitoring Report (Spring) Prepared and submitted with Task 3 Title V Semi-Annual Monitoring Report September (Fall) July 31 September 15 30 5. Title V Annual Emissions Inventory February 14 March 17 March 31 6. Semi-Annual LFGCS Operating Report (Spring) January 31 March 17 March 31 Semi-Annual LFGCS Operating Report September (Fall) July 31 September 15 30 7. Annual GHG Reporting February 14 March 5 March 31 8. Air Compliance Data Collection Assistance Ongoing Ongoing As needed 9. Annual Financial Assurance February 14 March 27 March 31 10. Annual Landfill Volumetrics and Site June 30 Topographic Survey Annual Airspace Analysis Report July 31 August 28 August 31 11. Title V Annual Fee Payment Assistance June 2 June 15 June 30 12. Semi-Annual Water Quality Notification July 10 July 28 July 31 13. Annual Training As needed As needed As needed 14. ACM Assistance As needed As needed As needed 15. SDP Permit Amendment None—completed under previous Agreement 16. SDP Permit Renewal None—completed under previous Agreement 17. Title V Operating Permit Renewal -- -- July 31, 2023 -9- Draft to City Final Draft Final Task Number and Description Deliverable for Review Completed Due 18. Hourly General Consulting Services As needed As needed As needed 19. ACM Design May 26 June 7 June 9 20. ACM Request for Approval to Construct May 31 June 7 June 9 21. ACM Bidding Services June 20 Start Not Applicable September 5 September 5 22. ACM Construction Assistance Start Not Applicable November 22 23. ACM Prepare and Submit Construction Observation Report November 1 November 15 November 22 III. Compensation for Services Compensation will be based on the rates and fees shown in the table below in accordance with the Fee Schedule. The total cost of services will not exceed $91,070 without prior written approval by the City. Although compensation is shown by task, the compensation for individual tasks is not independent of each other, and elimination of any task or part of a task shall justify a review and potential adjustment of the compensation for the remaining scope of services, if approved in writing by the City. - 10- Task Cost of Total Task Number and Description Frequency Task Per Contract Over Time Fees Contract Performed 1. AWQR, LCSPER, MMR 1 $14,500 $14,500 2. Groundwater Sampling Assistance 3 $500 $1,500 3. Title V Annual Compliance 1 $2,000 $2,000 Certification Report 4. Title V Semi-Annual Monitoring ' 1 $1,425 $1,425 Reports 5. Title V Annual Emissions Inventory 1 $2,200 $2,200 6. Semi-Annual LFGCS Operating 2 $3,450 $6,900 Reports 7. Annual GHG Reporting 1 $2,700 $2,700 8. Air Compliance Data Collection 1 $4,800 $4,800 Assistance* 9. Financial Assurance 1 $900 $900 10. Annual Volumetrics, Site Topographic 1 $4,500 $4,500 Survey, and Airspace Analysis 11. Title V Annual Fee Payment 2 $450 $900 Assistance 12. Semi-Annual Water Quality 2 $3,700 $7,400 Notification 13. Annual Training* 2 $1,000 $2,000 14. ACM Assistance 1 $2,500 $2,500 15. SDP Permit Amendment 0 -- -- 16. SDP Permit Renewal 0 -- -- 17. Title V Operating Permit Renewal 1 $4,000 $4,000 18. Hourly General Consulting Services* 1 $10,000 $10,000 19.ACM Design 1 $8,900 $8,900 20.ACM Request for Approval to 1 $845 $845 Construct 21.ACM Bidding Services 1 $3,635 $3,635 22.ACM Construction Assistance 1 $7,665 $7,665 23. ACM Prepare and Submit 1 $8,500 $8,500 Construction Observation Report Total Compensation for Services = $97,770 *Tasks completed on a Time and Materials basis per below fee schedule - 11 - FEE SCHEDULE Labor Category Rate Rate Principal $275 Senior Project Advisor $240 Senior Project Director $215 Project Director $200 Project Advisor $185 Senior Project Manager $175 Project Manager $160 Senior Project Professional $145 Project Professional $130 Staff Professional $115 Designer/Graphics $110 Associate Professional $105 Technical Associate $95 Senior Technician $90 Technician $75 Project Administrator $95 Administrative Assistant $65 Note: Increase hourly rate by 50 percent for Saturday, Sunday, and holiday work or off-shift work when required by client. 1. Schedule labor rates include overhead and profit on labor. Costs for sub-consultants,sub- contractors,job-related employee travel and subsistence, equipment, supplies, and other direct costs are billed at cost plus a 15 percent administration fee. 2. A communication fee of 2.5 percent of project labor will be charged for telephone, copying, postage, computer/tablet, and similar project production costs. 3. Invoices will be prepared monthly or more frequently for work in progress unless otherwise agreed. - 12 - Support Services Specialty Software $20.00 per hour 24-inch by 36-inch plots $25.00 each 36-inch by 48-inch plots $25.00 each Additional Report Copies (varies depending on report) $25.00 - $50.00 per report Support Vehicles Support Vehicle $0.70 per mile SCS Support Truck $40.00 per day plus $0.70 per mile SCS Support Truck with Trailer $60.00 per day plus $0.85 per mile SCS Utility Truck $60.00 per day plus $0.70 per mile Rental Vehicle Cost plus 15% Per Diem and Travel Hotel, Airfare Cost plus 15% Full-Day Meal Allowance $46.00 per day Half-Day Meal Allowance $23.00 per day Field Equipment and Supplies Track-mounted Direct Push Geoprobe® $750.00 per day Track-mounted Direct Push/Drilling Geoprobe® $1,250.00 per day All-Terrain Vehicle (UTV) $100.00 per day Field Sampling Trailer $350.00 per day GPS Surveying System $225.00 per day Total Station Survey Equipment $125.00 per day Misc. Survey Tools/Equipment $25.00 per day Nuclear Density Gauge $100.00 per day Photoionization Detector(PID) $100.00 per day Water Level Indicator (5300 foot) $35.00 per day Oil/Water Interface Probe $65.00 per day pH/Temperature/Conductivity Meter(for water) $25.00 per day Peristaltic/Low-Flow Pump $50.00 per day Hand Augers (10-foot) $15.00 per day Hand-held GPS Unit $25.00 per day Generator $100.00 per day Air Compressor(5 gallon) $25.00 per day Electro fusion Machine $135.00 per day Flow-Thru Multi-Parameter Meter $175.00 per day Turbidimeter $35.00 per day Composite Sampler $75.00 per day QED Pump Controller $125.00 per day GEM 5000 $150.00 per day Expendable Equipment, Supplies & Rentals Cost+ 15% - 13- IV. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "not-to-exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state,federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the - 14- amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees,to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub-consultants, and others for whom Consultant is legally liable, and the term"City"means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance 1. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of - 15- $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement)shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five(5)business days with a copy of the non-renewal or cancellation notice. Q. Standard of Care 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by,the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. - 16- For the City Fort Consult nt By: By: P 21-A-----. Title: Mayor Title: Vice President Date: May 2, 2023 Date: April 24, 2023 i 1 Attest: Q-P Appro y: City Attorneys ffice Date Prepared By:Tyler Baird, Superintendent, Parks & Forestry Reviewed By:Juli Seydell Johnson, Director, Parks & Recreation Eric Goers, City Attorney Geoff Fruin, City Manager Fiscal Impact:Funds for this purchase are available in account 10530300- 461030 and Project Account R4380-Local-MiscRev- 362100. Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Resolution.docx Item Number: 6.e. May 2, 2023 Resolution authorizing the procurement of Right-of-Way Tree Planting for the Parks & Forestry Division. Executive Summary: On March 3, 2023, a Request for Proposal for Right-of-way Tree Planting for the Parks & Forestry division was posted to Ion Wave. Each vendor was required to submit a proposal no later than 2:30 p.m. on March 23, 2023. The City received one complete proposal from Sustainable Landscape Solutions. The proposal was distributed to an Evaluation Committee, which consisted of representatives from the Parks & Forestry Division. After a complete evaluation, the Evaluation Committee recommended Sustainable Landscape Solutions to receive the contract award for Right-of-way tree Planting. Over the first year of this contract, the City expects to expend approximately $156,880.00. Funds for this purchase are available under account 10530300-461030 and Project Account R4380-Local-MiscRev-362100. The City has the option to renew this contract for four (4) additional one-year terms. Background / Analysis: The Parks and Forestry Division is responsible for determining the type of trees that are needed on City property, and the locations where they are planted. The tree planting will occur in multiple locations with the majority occurring on the southeast side of town. Other trees will be planted on Friendship St east of 1st Ave and as infill trees that have been requested throughout the community. All adjacent residents were notified this winter of the planned tree planting and a few took the option to opt out of having a tree planted adjacent to their property. Notifications were hand delivered to each address on Friendship St and the southeast side of town (vicinity of Whispering Meadows Wetland Park). Plantings are all scheduled for fall 2023. I. ei Prepared by:Trina Surratt, Buyer I,410 E Washington, Iowa City, IA 52240 (319)356-5076 Resolution No. 23-131 Resolution authorizing the procurement of Right-of-way Tree Planting for the Parks & Forestry Division Whereas, Request for Proposal #23-19 was released to solicit Right-of-way Tree Planting for the Parks & Forestry Division; and Whereas, one proposal was received for these services; and Whereas, the evaluation committee has selected Sustainable Landscape Solutions; and Whereas, the City's purchasing policy requires City Council to approve purchases over$150,000; and; Whereas, the City expects to expend approximately $156,880.00 during the first year of this contract for the procurement of Right-of-way Tree Planting for the City of Iowa City Parks and Forestry Division; and Whereas, funds for this purchase are available in the budget under accounts 10530300-461030 and Project Account R4380- Local-MiscRev-362100; and Whereas, approval of this procurement is in the public interest Now, therefore, be it resolved, by the City Council of the City of Iowa City, Iowa, that: 1. The proposed procurement as described is approved. 2. The City Manager is authorized to sign the agreement with the vendor and take whatever steps are necessary to effectuate future purchases including any amendments or renewals of said agreement. Passed and approved this 7,,-i day of May , 2073 . May Approved Attest: (e/c__1 City Clerk City Attors Office (Sue Dulek—04/26/2023) It was moved by Taylor and seconded by Alter the Resolution be adopted, and upon roll call there were: Resolution No. 23-131 Page 2 Ayes: Nays: Absent X Alter X Bergus X Dunn X Harmsen X Taylor X Teague X Thomas Prepared By:Marri VanDyke, Civil Engineer Reviewed By:Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact:$178,843.75 available in the Water Divisions Operating Budget, account #73730130 Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Resolution Item Number: 6.f. May 2, 2023 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2023 Water Pavement Patching Project. Executive Summary: The 2023 Water Pavement Patching Project includes pavement repairs associated with water main breaks on various streets throughout Iowa City. The Project Manual was approved at the April 4, 2023 Council Meeting, and the engineer ’s estimated cost for construction was $215,000. Four (4) bids were submitted prior to the April 25, 2023 deadline: Bidder Name City Bid Bockenstedt Excavating, Inc.Iowa City, IA $ 178,843.75 Midwest Concrete, Inc.Peosta, IA $ 205,208.15 All American Concrete, Inc.West Liberty, IA $ 220,473.00 Bud Maas Concrete Iowa City, IA Non-Responsive Engineer's Estimate $ 215,000.00 Bockenstedt Excavating, of Iowa City, Iowa submitted the lowest responsive, responsible bid of $178,843.75. Staff recommends awarding the Contract for the 2023 Water Pavement Patching Project to Bockenstedt Excavating, Inc. Background / Analysis: On average, there are approximately 60 water main breaks in Iowa City each year. Street and sidewalk pavement typically need to be replaced following water main repairs. With limited resources and the emergency nature of the pavement repairs, the City combines the pavement repairs at multiple main break sites into a single project to more efficiently address pavement damage resulting from water main breaks. As additional main breaks occur later this year, those sites will also be added to this project for repair. Project Timeline: Award Date – May 2, 2023 Construction – May to November 2023 Prepared by:Marri VanDyke,Engineering Division,410 E.Washington St.,Iowa City,IA 52240(319)356-5044 Resolution No. 23-132 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2023 Water Pavement Patching Project Whereas, Bockenstedt Excavating, Inc. of Iowa City, Iowa has submitted the lowest responsive, responsible bid of$178,843.75 for construction of the above-named project; and Whereas, funds for this project are available in the Water Divisions Operating Budget, account #73730130. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The contract for the construction of the above-named project is hereby awarded to Bockenstedt Excavating, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above-named project. Passed and approved this end day of Ma , 2023 r • Approve y • 1 G/ Attest : I _ City Clerk City Atto ney's Office (Liz Craig —04/26/2023) It was moved by Taylor and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter X Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Prepared By:Scott Sovers, Asst. City Engineer Reviewed By:Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact:Estimated cost of construction is $520,000, available in the Myrtle/Riverside Intersection Signal account #S3933 Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Resolution Item Number: 6.g. May 2, 2023 Resolution fixing new time and place for receipt of bids for the bidding of the Riverside Drive Pedestrian Improvements Project, and directing City Clerk to publish advertisement for bids. Executive Summary: No bids were received on the original bid date of April 25, 2023. After discussions with local contractors, Staff recommends rebidding the project. It was noted that some contractors felt they did not have sufficient time to pull together an accurate bid. Rebidding the project will allow contractors more time to develop bids, while also minimizing the impact to the overall project schedule. This agenda item establishes a new timeline for the bidding process for the Riverside Drive Pedestrian Improvements Project. The project generally includes the installation of sidewalk on the west side of Riverside Drive under the Iowa Interstate Railroad Bridge as well as the installation of street and pedestrian level lighting and street trees from Benton Street to the Iowa Interstate Railroad. The project also includes upgrades to the Riverside Drive storm sewer and sanitary sewer systems between the Iowa Interstate Railroad and Myrtle Avenue as necessary to support the future Riverfront West Development. The construction costs associated with these upgrades (estimated at approximately $160,000) will be reimbursed by the Riverfront West Developer, Scannell Properties. Background / Analysis: In 2016, the City finalized a streetscape master plan for the South Riverside Drive Corridor from U.S. Highway 6 to Myrtle Avenue. One of the main guiding principles that came out of the plan was prioritizing pedestrian circulation within the corridor. From this guiding principle, specific corridor objectives were developed, which included: Continue with proposed improvements for a pedestrian underpass along the west side of Riverside Drive at Iowa Interstate Railroad. Considering this objective, the City proceeded with a project to install a pedestrian tunnel through the Iowa Interstate Railroad embankment. During the design development phase, plans were provided to the Iowa Interstate Railroad for review and comment. While they understood the importance of the sidewalk connection across their facility, they were not supportive of the tunnel project, as they were concerned the construction of the tunnel may cause track settlement and potentially increase the chances of a train derailment. Given the importance of the sidewalk connection, key stakeholders including City staff, the Iowa Department of Transportation and the Iowa Interstate Railroad collectively developed the proposed sidewalk design concept that eliminated the need for a tunnel through the railroad embankment. The design includes narrowing Riverside Drive and installation of a 4- foot-wide sidewalk between the west Riverside Drive curb line and the railroad bridge abutment. With the sidewalk being close to the vehicular travel lanes due to the limited space, a proposed concrete barrier between the sidewalk and the street was included to allow safe passage of pedestrians within the width-restricted area. It is also important to note this project will construct the proposed sidewalk from its current terminus south of the Iowa Interstate Railroad to approximately 30 feet north of the Iowa Interstate Railroad. The remaining section of sidewalk from the north end of this project to Myrtle Avenue is planned to be installed as a part of the Riverfront West Development. The developer plans to install a temporary sidewalk at this location to provide connectivity prior to the completion of the permanent sidewalk. The estimated construction cost is $520,000 and will be funded by general obligation bond proceeds. The project is expected to be completed in the fall of 2023. Project Timeline: Award Date – June 6, 2023 Construction Start – June 2023 Estimated Construction Completion – Fall of 2023 Prepared by:Scott Sovers,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5142 / , Resolution No. 23-133 Resolution fixing new time and place for receipt of bids for the bidding of the Riverside Drive Pedestrian Improvements Project and directing City Clerk to publish advertisement for bids. Whereas, on April 4, 2023, the City Council approved plans and specifications and set a bid date for April 25, 2023 for the Riverside Drive Pedestrian Improvements Project; and Whereas, no bids were received on April 25, 2023; and Whereas, contractors required additional time to provide a bid; and Whereas, the Department of Public Works recommends that the Council set a new date for receipt of bids. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 2. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 30th day of May, 2023. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 6:00 p.m. on the 6th day of June, 2023, or at a special meeting called for that purpose. Passed and approved this end day of May , 2023. Ma Approved by Attest: 'Y'` "-�—e ) • G .1 City Clerk City Attor y's Office—04/27/2023 It was moved by Taylor and seconded by Al ter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Prepared By:Karen Jennings, Human Resources Administrator Reviewed By:Redmond Jones, Deputy City Manager Geoff Fruin, City Manager Eric Goers, City Attorney Fiscal Impact:Funds for this purchase are available in Account #10210300- 432060. Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Resolution Consultant Agreement Item Number: 6.h. May 2, 2023 Resolution authorizing the procurement of Consulting Services for a Review of Internal Equity, Job Descriptions, and Market Analysis for City Staff Positions. Executive Summary: The Austin Peters Group conducted a comprehensive review and update of the City's current classification plan in 2006. Staff recently reached out to the Austin Peters Group to assess their availability to update the 2006 work and recommends procuring their services as a sole source procurement. This purchase will exceed the $60,000 spending authority of the City Manager, thereby requiring Council approval. Over the course of this contract the City expects to expend approximately $118,745.00. Background / Analysis: Internal equity reviews, job description reviews, and job market condition reviews ensure that salaries for positions are internally consistent and externally competitive. It is generally considered a best practice to review internal equity, job descriptions, and job market conditions every ten to fifteen years. The City of Iowa City’s last review was last done in 2006 and thus is overdue for a review. Prepared by: Karen Jennings, Human Resources Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025 Resolution No. 23-134 Resolution authorizing the procurement of Consulting Services for a Review of Internal Equity, Job Descriptions, and Market Analysis for City Staff Positions Whereas, The Austin Peters Group was the only vendor who could work with the pay plan they created in 2006, and Whereas, the City sought a proposal from the Austin Peters Group to procure as a sole source procurement; and Whereas, the city's purchasing policy requires City Council to approve purchases for Professional and consultant services over$60,000; and Whereas, the City expects to expend approximately $118,745.00 for the procurement of Consulting Services for a Consulting Services for a Review of Internal Equity, Job Descriptions, and Market Analysis for City Staff Positions, and Analysis; and Whereas, funds for this purchase are available in the budget under account #10210300-432060; and Whereas, approval of this purchase is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The proposed procurement as described is approved. 2. The City Manager is authorized to sign the agreement with the vendor and take whatever steps are necessary to effectuate future purchases including any amendments or renewals of said agreement. Passed and approved this end day of May , 20 23 • M r Approve y Attest: L1,, Q „ 0 / . City Clerk City Attorne s Office—04/26/2023 Resolution No. 23-134 Page 2 It was moved by Taylor and seconded by Alter The Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent X Alter X Bergus X Dunn X Harmsen X Taylor X Teague X Thomas CONSULTANT AGREEMENT THIS AGREEMENT,made and entered into this 2nd day of May,2023,by and between • the City of Iowa City,a municipal corporation,hereinafter referred to as the"City"and the Austin Peters Group,LLC,of Fort Collins,Colorado,hereinafter referred to as the"Consultant". RECITALS _Whereas,.the City.is in need of consulting services as part of a multi-phase process to review internal equity,job descriptions,and market aneiiysia for City staff positions;and Whereas,the contracted work will include the following: a A job audit and analysis for internal equity;and • A market survey for benchmark City staff positions;and • Recommended adjustments in pay classification and grades;and • Review,modification,and/or creation of job descriptions for all City staff positions; and a Recommendations for future pay plan maintenance;and • Training of HR and management staff in equity and pay plan maintenance;and a Project communication to both staff and management throughout the project;and Whereas;the-last-project-similaHn scope was-performed-by-Consutant in-2006,giving_Consultant familiarity with both the City staff positions and the pay plan with which City positions are structured;and Whereas,Consultant is willing and able to begin work on this project on or about July 10,2023 and complete the work on or about March 15,2024;and Whereas,Consultant will provide a number of deliverables delineated in their proposal;and Whereas,Consultant is willing to perform said work for a fee,including travel, not to exceed $118,745,with the exception of employee appeals, NOW THEREFORE,it Is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES • Consultant agrees to perform the following services for the City, and to do so in a timely and • satisfactory manner. • Consultant will perform the services delineated in their proposal dated April 6, 2023 and entitled"Human Resource Solutions;Internal Equity,Job Description Updates,and Market Analysis for Benchmark Positions, Iowa City, Iowa"(hereinafter the"Proposer) attached hereto and incorporated herein by this reference. • • Consultant shall produce the deliverables delineated in the"Deliverables"section of the Proposal. • II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. • Consultant shall abide by the"Timeline and Deliverables"section of the Proposal III. COMPENSATION FOR SERVICES • Consultant shall be paid a fee,Including travel,not to exceed$118,745,based on an hourly rate of$145,consistent with the"Compensation"section of the Proposal.A deposit of 25%will be executed at the start of the project period,billing will be completed in a progressive manner through the project period based on completion of milestones. • Employee appeals are billed separately at the same hourly rate and are payable over and above the not-to-exceed figure. Appeals should average 1.5 hours per appeal,including production of the report. IV General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color,religion,sex, national origin,disability, age,marital status,gender identity,or sexual orientation. 2. To discriminate against any individual in terms,conditions, or privileges of employment b cause of their race,color,religion,sex,national origin, disability,age, marital status,gender identity,or sexual orientation. B. Should the City terminate this Agreement,the Consultant shall be paid for all work and services performed up to the time of termination. However,such sums shall not be greater than the"lump sum"amount listed in Section Ill. The City may terminate this Agreement upon seven(7)calendar days'written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto provided that no assignment shall be.without_the written..consent of all • Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as • may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by • the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state,federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. RESERVED H. The Consultant agrees to furnish,upon termination of this Agreement and upon demand by the City,copies of all basic notes end sketches,charts,computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost,and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event,the Consultant shall not be liable for•the Cllty's use of such documents on other projects. • I. The Consultant agrees to furnish all reports,specifications,and drawings with the seal of a licensed professional affixed thereto as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner,excepting, however,that failure of the Consultant to satisfactorily perform in accordance with this Agreement.shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement K. Should any.section.of this.Agreementbe found in_v_alld,itis agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. RESERVED, M. RESERVED. N. Upon signing this Agreement,Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City,and certifies that no employee or officer of the City,which includes members of the City Council and City boards and commissions,has an interest, either-direct-oindirectrin-this-Agreement,that_does_not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification, 1, To the full extent permitted by law,Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands,suits,loss,expenses; including attorney's fees, and for any damages which may be asserted,claimed or recovered against or from the City by reason of personal injury,.including bodily injury or death, and property 4amagesi-including:loss of use-thereof,caused by Consultant's- negligent acts,errors or omissions in performing the work and(or services provided by Consuitartt to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and ail damage or injuries which,may result to any person or property by reason Of Consultant's negligent acts,errors Cr omissions in connection with the work and/or • services provided.by Consultant to the.City pursuant to this Agreement, and agrees to pay the City for all damages caused to the Cites premises resulting from the negligent acts,:errors or omissions of Consultant, 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify,hold harmless,or defend the City against lability, claims,damages, tosses,of expenses, including attorney fees,to the extent caused by or resulting from the negligent act,error, or omission of the City. 4. The city agrees that the liability of the Austin..Peters Group,,its,officers, agents,employees,and.contractors,regardless of the legal theory under which such liability Is imposed,shall not exceed the amount of liability and • • professional liability insurance provided by the consultant in this agreement. In no event shall Consultant be liable for any lost profits or for indirect,special, incidental,consequential or punitive damages. 5, For purposes of this paragraph,the term"Consultant"means and includes the Consultant,its officers, agents,employees,sub-consultants, and others for whom Consultant Is legally liable,and the term"City' means and includes the City of Iowa City, Iowa its Mayor,City Council members,employees,and volunteers_ P. Insurance 1, The Consultant agrees at all times material fo this Agreement fo tiali- maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of • $1,000,000 Per Claim,$1,000,000 Annual Aggregate,or a$1,000,000 • Combined Single Limit.To the fullest extent permitted by applicable state • law, a Waiver of Subrogation Clause(endorsement)shall be added. • 2. Consultant agrees•to provide the City a certificate of insurance evidencing • that all coverages,limits and endorsements requited herein are:maintained and in full force end effect,and certificates of'.insurence>shall'provide a minimum thirty(30)day endeavor to notify,when available by Consultant's Insurer. If the Consultant receives a norl-rnewal•or Cancellation notice from an insurance carrier affording coverage required herein, or receives n010 that coverage no longer complies with the insurence:requirements herein,Consultant agrees to notify the City within five(5)business days • with a copy of the non-renewal or cancellation notice. • Q. Standard of Care. 1. The Consultant shall perform services for, and furnish deliverables to,the City pertaining to the Project as set forth in this Agreement.The .Consuitent.shall possess.adegree.ofleaning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. .•• • • 2. Consultant represents that the Services and all Its components shall be • free of defects caused by negligence;shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement,it is the entire Agreement,and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County,Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an Inconvenient forum. For the City For the Consultant BY: ! By: Y A4Crazk 40 Tom: ( 4 ' (-)— Title: f re 51.0(e'It Date: 1- 'ES- ?o cJ Date: 11— 1 1 jW�-3 2023 Approved by: 1 City Attomey's Office VoL177s Date Prepared By:Susan Dulek, First Ass't. City Attorney Reviewed By:Kellie Fruehling, City Clerk Geoff Fruin, City Manager Fiscal Impact:none Staff Recommendation:Approval Commission Recommendations:Planning and Zoning approved at the 4/5/23 meeting Council Rules Committee approved at the 4/27/23 meeting Attachments:P&Z Commission minutes 2 15 23 P&Z Commission minutes 4 5 23 (draft).pdf Rules Committee Minutes 04-27-23 P & Z By-Laws redlined version Resolution By-Laws.pdf Item Number: 6.i. May 2, 2023 Resolution adopting the By-Laws of the Planning and Zoning Commission and rescinding Resolution No. 16-203. Executive Summary: The Planning and Zoning Commission approved amendments to its By-Laws to adopt rules of conduct, to clarify procedures for electronic meetings, and to make a few non-substantive changes. The rules of conduct largely mirror those of Council. The By-Laws are not effective until approved by the City Council. The Council Rules Committee has reviewed the proposed amendments to the By-Laws and has recommended adoption. Planning and Zoning Commission April 5, 2023 Page 12 of 17 A vote was taken and the motion passed 6-0 (Elliott recused). BY-LAW AMENDMENT REGARDING PUBLIC PARTICIPATION: Continued from 2/15/23 Russett noted that in February the Commission discussed and provided some feedback on an initial draft of the bylaws. What staff heard during that meeting is the Commissioners wanted to allow testimony up to five minutes instead of three minutes, only giving people one opportunity to speak per agenda item and allowing official organizations to consolidate their speaking time up to eight minutes. Additionally, there was a couple of things the Commission asked staff to remove, one was the section related to attendance at Council meetings and then the annual reports. Staff also wanted to make sure that it was clear that all meetings should be in locations that are accessible, and then incorporating some language on virtual participation. Russett and Hektoen have worked on making some changes to address the feedback. They believe they've addressed all of the feedback they heard from the last meeting and a draft of the changes were in the agenda packet. Elliott stated she appreciated the Chair thinking ahead and making these changes. Craig noted in Article Nine, the article about public participation, it says in Section One “persons other than commissioners shall be permitted to address the Commission only on specific agenda items”. So does that agenda item include the first thing on every agenda which is public comment of anything not on the agenda. She reads that as they have an agenda inviting people to give comments to the commission, and then in the bylaws they say specific agenda items. Padron asked then are they removing the first item in the agenda at every meeting and not allow comments about anything that is not on the agenda. Hektoen replied that is not the intention, during that agenda item anyone from the public can get up and talk about anything. But after that agenda item, any discussion on other agenda items must be germane to that particular agenda item. Craig also asked about the work sessions, she has been on the Commission for years and never been to a work session. Hensch stated they haven’t had one in quite a while, they were set up just for the Commission to discuss an item but there's no public comment or participation, they can be present but cannot participate. Craig stated then where it talks about a special meeting maybe adding including work sessions. Hensch stated he believes the work sessions were used more when staff needed to educate the Commission on particular items. Hektoen said they can add in information about work sessions as another item under meetings. Russett noted the work session is mentioned in the public participation section, Section Five talks about special meetings. Hektoen stated that can be interpreted as a work session or it could be some other meeting called outside of the regular scheduled meeting. Townsend added under Article Five Section Two it states a special meeting is called by the chairperson. Hektoen stated it also says it may be called by the chairperson and shall be called by the chairperson or vice chairperson at the request of three or more members. Planning and Zoning Commission April 5, 2023 Page 13 of 17 Craig noted under Article Seven, Hearings, Comprehensive Plan, do they need to list the District Plans as well, it's not just the Comprehensive Plan they look at several different plans. Russett explained those are all components of the Comprehensive Plan so they do not need to list them. Hektoen stated the code itself describes that structure. Craig had another question under Article Nine, Section Five, Rules and Conduct, and everyone having the right to speak without being chilled from doing so. Hensch said he felt they are trying to say when they have a roomful of people that are vocally supportive or opposed to something and there's one or two people that are in opposition, those people may feel intimidated from speaking and not being able to exercise their rights because everybody else is talking. Hektoen stated its language from the Council rules and the term “chilling effect” is used frequently. Padron wanted to say that these kinds of rules sometimes serve to oppress the people that have already been oppressed and the way that usually works is these rules are only enforced when the oppressed show up and they don't enforce them when the privileged people show up. She referenced to what happened in Tennessee a few days ago and the students were complaining and yelling to have the representatives listen to them to change the law or the rules and they ended up removing the three representatives that supported the kids. Padron stated the solution sometimes is not to include more rules but to help the people and have a more fair city for everyone, and ensure that everyone has fair access and location and to housing, and everyone understands that they are welcome to come here and speak. Sometimes they are on a commission for three or five years and then leave the commission with more rules for the next people. When she was the chair of the Housing Development Commission she remembers thinking she hopes the next chair understands all the rules, she had been doing it for a long time so she had a clear understanding of some of the things that they had been accomplishing for a few years. Padron noted she is just very sensitive about oppressing people, they may come from a country that has a very difficult history with rules and people and she just wants everyone to feel welcome. She said this is just one day a month and they can take the time to listen to everyone, she has never felt in danger here, she loves this city, and when people come in here it is because they have a reason, they don't just come in here. She wanted to state she is going to vote in opposition of this but does understand that everyone on the Commission has really good intentions and she does appreciate all the work. Hensch thanked Padron for her comments, and he stated what drives for these rules is having seen multiple, multiple times in the last several years where a dominant group overtakes a meeting and doesn't allow anybody to voice in opposition to their viewpoint. His support of this is to make sure that everybody gets input and that nobody gets chilled because he’s seen that multiple times. He believes everybody wants to do good, that's why they're here, they’re not getting paid one penny to be here, and they want people to be heard. But, with rights come responsible behavior so he does have problems that come up here if people name call and then make accusations, that's not okay and it detracts from the point they're trying to make. So, what they're doing, as part of this, is helping people be more effective with their messaging, so that the Commission can hear what the real point is, rather than a personal attack. He has been doing this for eight years and has never seen a single example where they haven’t bent over backwards to allow people to have their say, they’ve been here until 11 o'clock at night to listen to people, frankly, say the same thing over and over again. Again, Hensch acknowledged what Padron was saying and respects where she is coming from, he just sees the other side of the coin and people using public intimidation to chill other people’s voices. Planning and Zoning Commission April 5, 2023 Page 14 of 17 Townsend noted a few times since she’s been on the Commission there has been that problem, it wasn't those that were oppressed, it was those that didn't want those people in their neighborhoods. She remembers a time when the Chair, very nicely, had to put them in their place that this was not the way it was. Again, this goes back to Forest View when they had many people coming in, hoping for that project that never happened. Hensch was glad Townsend brought up that example as that experience really hit them hard in seeing all the people use all kinds of terms to address the real issue of they just didn’t want those people” to be in their neighborhood. Hensch acknowledged that one of the things he really appreciates about Commissioner Signs is he is very good at pointing out if they cared about their sight lines then they should have also purchased that property. Hensch also stated frankly, anybody can use any rule to oppress other people and it’s the job of all the Commissioners to make sure equal application to everybody and the rules are the same for everybody, no exceptions. Finally, Hensch wanted to acknowledge the part about enforcement and that there's nothing in there about having people arrested, they purposely did not want that, this is about maintaining order in the meeting so business can be conducted, and everybody will get an equal opportunity. Townsend moved to approve the bylaw amendments a presented in the agenda packet. Wade seconded the motion. Wade just wanted to say he likes the expectations that they’re applying everything fair and equally. Signs noted he respects Commissioner Padron’s perspective and thinks it is valid but doesn’t feel like what's here is overly aggressive and does trust the Commission and staff to do the best they can keep it equitable and fair. Hensch reiterated the advantage of rules is that they prevent discrimination, because if they don't have rules then one person gets six minutes, but another only gets two minutes. Craig agrees but acknowledges that Commissioner Padron’s point about discrimination often happens in the way the rules are applied, that someone who's up there can intimidate by who they are but she acknowledged Chairperson Hensch does not let them, she can just see how it could happen. Chairperson Hensch does a very good job and she personally appreciates that it is according to the bylaws, they could rightfully put a limit and say public input is only for an hour, but they have never done that, they let everyone talk, the way it is applied is as important as the rule and there are a lot of rules out there that don't get applied equally but she thinks this group does a good job of it, and it's a good thing. A vote was taken and the motion passed 6-1 (Padron dissenting). CONSIDERATION OF MEETING MINUTES: MARCH 1, 2023: Elliott moved to approve the meeting minutes from March 1, 2023. Townsend seconded the CITY COUNCIL RULES COMMITTEE MEETING MINUTES April 27, 2023 Helling Conference Room 10:00 AM (10:28 AM) Committee Members Present: Councilor Harmsen, Councilor Taylor Staff Members Present: City Attorney Goers, Assistant City Attorney Dulek, City Clerk Fruehling, Senior Planner Russett Review by-law changes: Planning & Zoning Commission Planning & Zoning Commission By-Laws Senior Planner Russett noted the Commission had seen the City Council rules regarding public participation and thought it would be good to incorporate those into their bylaws for consistency in how the public interacts with the Commission and the rules were clear. The Commission also wanted to include some clear guidance on how to handle disruptions if they should occur. Assistant City Attorney Dulek noted that the changes were largely the Council rules and a couple clarifying minor non substantive changes. Councilor Taylor asked if other commissions were going to add the public participation language to their bylaws. Dulek stated that the Board of Adjustment was possibly looking at doing that. Councilor Harmsen asked if it would make sense to have something in place that would cover all boards and commissions as to not confuse the public with different rules. Dulek noted that historically the City Council has allowed boards and commission to set up their own rules and procedures. City Attorney Goers stated that the boards and commissions differ from one another and the chair of the commission has the underlying authority run the meeting as needed as things come up. Councilor Harmsen asked for clarification in the change in Article V, Section11, Voting. Russett stated the change was bringing the language in line with what is used in the Zoning Code and does not change the function. Councilor Taylor asked if there needed to be language in Article V, Section 2, Special Meetings, regarding consults with the City Council. Russett noted that consults with City Council are outlined in the Zoning Code. Councilor Harmsen asked for clarification regarding the first sentence in Article IX, Section 1, Public’s Right to Address Commission, and asked if there was open public comment. Russett confirmed that there is a public comment section on the agenda for items that are not on the agenda. Dulek noted that there was also a provision in the bylaws for public discussion under Article V, Section 7. Motion by Harmsen, seconded by Taylor to accept the by-laws. Meeting adjourned 10:45 AM p_ t 1{7 , Prepared by: Susan Dulek, First Ass't City Attorney, 410 E.Washington St., Iowa City, IA 52240(319)356-5030 Resolution No. 23-135 Resolution adopting the By-Laws of the Planning and Zoning Commission and rescinding Resolution No. 16-203. Whereas, the Planning and Zoning Commission approved amendments to its By-Laws to adopt procedural rules and to clarify procedures for electronic meetings; and Whereas, the By-Laws provide they are not effective until approved by the City Council; and Whereas, the Council Rules Committee has reviewed the proposed amendments to the By-Laws and has recommended adoption; and Whereas, the current By-Laws were approved in Resolution No. 16-203. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The attached By-Laws of the Planning and Zoning Commission are approved and adopted by the City Council. 2. Resolution No. 16-203 is rescinded. Passed and approved this 2n,d day of May , 2023. Attest: ,--p - City Clerk Approved By: City Attor y Ice (Sue Dulek—04/27/2023) Resolution No. 23-135 Page 2 It was moved by Taylor and seconded by Alter The Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent X Alter X Bergus X Dunn X Harmsen X Taylor X Teague X Thomas BY-LAWS Iowa City Planning and Zoning Commission ARTICLE I. AUTHORITY: The Iowa City Planning and Zoning Commission shall have that authority which is conferred by Chapter 414 of the Code of Iowa, Title 14, City Code, City of Iowa City, Iowa and through the adoption of these by-laws stated herein. ARTICLE II. PURPOSE: The purpose of the by-laws stated herein is to provide for the general welfare of the residents of Iowa City by establishing a Planning and Zoning Commission to advise the City Council on all matters pertaining to the physical development and the Comprehensive Plan of Iowa City. ARTICLE III. MEMBERSHIP: Section 1. Qualifications. The Planning and Zoning Commission shall consist of seven (7) members appointed by the City Council. All members of the Commission shall reside within the City limits of the City of Iowa City, Iowa. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Commission business. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the City Zoning Code and subdivision regulations, by-laws, and other documentation that would be useful to Commission members in carrying out their duties.They shall also be given an orientation briefing by the City staff and the Commission as is deemed appropriate. Section 4. Absences. Three consecutive unexplained absences of a Commission member from regular formal meetings may result in a recommendation to the City Council from the Commission to discharge said member and appoint a new Commission member. Section 5. Vacancies. Any vacancy on the Commission because of death, resignation, long-term illness, disqualification or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. Section 6. Terms. Members shall be appointed for terms of five years, with terms expiring on July 1. Not more than one-third of the terms may expire in any one year. If a position becomes vacant by reason of resignation or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term, but also through a subsequent regular term. Section 7. Resignations. Resignations should be submitted in writing to the Mayor with a copy to the City Manager, Director of Planning and Community Development and Chairperson of Planning and Zoning at least 60 days prior to the date of intended departure. ARTICLE IV. OFFICERS: Section 1. Number. The officers of this Commission shall be a Chairperson, Vice- Chairperson, and Secretary, each of whom shall be elected by the members of the Commission. Section 2. Election and Term of Office. Officers of the Commission shall be elected annually at the first regular meeting in February each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or other cause shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Secretary. The Secretary shall have the responsibility of insuring that the Commission's minutes are accurate and are circulated as prescribed. The Secretary, in the absence of the Chairperson and Vice-Chairperson, shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE V. MEETINGS: Section 1. Regular Formal Meetings. Regular formal meetings of this Commission shall be held twice monthly whenever possible. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson or Vice-Chairperson at the request of three or more members of the Commission. Section 3. Place of Meetings. Meetings shall be in a place accessible to persons with disabilities, unless an electronic meeting is allowed pursuant to Iowa Code Section 21.8. Section 4. Ntiee of Meetings. Notice of regular and special meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meetings.The news media shall be notified by staff as required under Iowa Code Chapter 21. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum. Unless an electronic meeting is allowed pursuant to Iowa Code Section 21.8, the quorum must be physically present. Where a quorum is present, electronic participation by those members not physically present may be coordinated on a case- by-case basis upon. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular formal meetings for open public discussion. Section 8. Motions. Motions may be made or seconded by any member of the Commission except the Chairperson. Section 9. Ex..parte Contacts,A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact prior to staff report, naming the other party and sharing specifics of the contact, copies if in writing or a synopsis if verbal. Section 10. Conflict of Interest. A member who believes they have a conflict of interest on a matter about to come before the Commission shall state the reason for the conflict of interest, leave the panel of Commissioners before the discussion begins, shall not participate in the discussion and may return to the panel after the vote. Section 11. Voting. A majority (but not less than three) of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. In accordance with Iowa City Code Section 14-8D-5E, as may be amended, not less than four votes shall be required to recommend approval of an amendment to the Zoning Code, to the boundaries of zoning districts, or to the zoning of a particular parcel of land. Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member of the Commission, including the Chairperson, is required to cast a vote upon each motion. A member who abstains shall state the reason for abstention. Section 12. Roberts Rules of Order. Except as otherwise provided herein, Robert's Rules of Order as amended shall be used where applicable. ARTICLE VI. POWERS AND DUTIES; The City Planning and Zoning Commission, in addition to the powers conferred by Chapter 414 of the Code of Iowa, possesses the following powers established by Section 14-7A-1, City Code, City of Iowa City, Iowa: Section 1. To make such surveys, studies, maps, plans or plats of the whole or any portion of the City and of any land outside thereof, which in the opinion of such Commission bears relation to the Comprehensive Plan, and shall submit such plan to the Council with its studies and recommendations and it may publish the same. Section 2. To make recommendations for the location of public buildings, bridges, viaducts, street fixtures, public structures or appurtenances and the sites therefor, and the location or erection of statuary, memorials or works of art in publicplaces. Section 3. To make recommendations upon plans, plats, or replats of subdivisions or resubdivisions in such city which show streets, alleys or other portions of the same intended to be dedicated for public use. Section 4. To make recommendations for street, park, parkway, boulevard, traffic way or other public improvements, or the vacation thereof. Section 5.To carry on comprehensive studies of present conditions and the future growth of such city in order to guide and accomplish a coordinated, adjusted and harmonious development of such city in accordance with the present and future needs thereof to the end that the health, safety, order, convenience, prosperity and general welfare may be promoted. Section 6. To conduct public hearings upon the adoption of such comprehensive plan or any amendment thereto. Section 7. To prepare a zoning ordinance regarding the height, number of stories and size of buildings and other structures;the percentage of ground that may be occupied;the size of yards, courts and other open spaces; the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes and to this end shall prepare a preliminary report and hold public hearings thereon and after such hearings have been held, to submit its final report and recommendations to the City Council. Section 8. To recommend to the City Council, from time to time, as conditions require, amendments, supplements, changes or modifications in the comprehensive plan prepared by it. Section 9. To do all things necessary or advisable in order to carry out the intent and purpose of this article and all other ordinances relating to the state as they now exist or as the same may be hereafter amended or supplemented. ARTICLE VII.. HEARINGS: Section 1. brprei ensive Plan, Before the adoption or amending of any part of the Comprehensive Plan, the Iowa City Planning and Zoning Commission shall hold at least one public hearing thereon, notice of the time of which shall be given by one publication in a newspaper of general circulation in the municipality, not less than seven days or more than 20 days before the date of hearing. After adoption of said plan by the Commission, a copy shall be forwarded to the Council. If the plan, or any modification or amendment thereof, shall receive the approval of the Council, the plan, until subsequently modified or amended as authorized by this section, shall constitute the official city plan of Iowa City. After the City Council has adopted all or part of the Comprehensive Plan, the Planning and Zoning Commission shall: (a) Investigate and make recommendations to the City Council upon reasonable and practical means for putting into effect the Comprehensive Plan in order that it will serve as a pattern and guide for the orderly growth and development of the city. The measures recommended may include plans, regulations, programs, financial reports and capital budgets. (b) Endeavor to promote public interest in and understanding of the comprehensive plan and regulations relating to it. (c) Consult with and advise public officials and agencies, public utility companies,and civic, educational, professional and other organizations, and citizens generally, on the implementation of the provisions of the Comprehensive Plan. ARTICLE VIII. CONDUCT OF COMMISSION BUSINESS: Section 1.Agenda.The Chairperson, or a designated representative,together with staff assistance shall prepare an agenda for all regular Commission meetings. Agendas are to be posted at least 24 hours before the meeting and shall be sent to Commission members and the media prior to regular formal meetings. Copies will be available to the public at the meeting. Section 2. Minutes. Minutes of all regular formal meetings are to be prepared and distributed to Commission and City Council members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policy. The Commission shall review all policies and programs of the City, relating to the Commission's duties as stated herein, and make such recommendations to the City Council as are deemed appropriate. Section 4. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission will initiate consideration of each item at the next regular Commission meeting and shall notify Council of its disposition. Article IX. PUBLIC PARTICIPATION: Section 1. Public's Right to Address Commission. Persons other than Commissioners shall be permitted to address the Commission only upon specific Agenda items, and only at Formal Commission meetings. No public comment is allowed at Commission Work Session meetings unless the person(s) is directly invited by the Commission Chair or a majority of Commission. Section 2. Manner of Addressing Commission_ At each formal Commission meeting, a person desiring to address the Commission shall step to the podium, state their name, the city or town where they reside, and any group they represent, and speak clearly into the microphone. They shall also legibly write their full name and city or town of residence on the speaker log. At all public hearings, each speaker who has a special right to object by virtue of their address shall be required to provide their address and group affiliation, if any. If electronic participation in the meeting is permitted by Commission, the person shall use the prescribed method for comments. Section 3.Time Limit on Public Comments. Persons wishing to address the Commission shall be limited to no more than-three five minutes speaking time per Agenda item on which the public is allowed to speak, unless additional or less time is determined by the Chairperson, based on the number of persons wishing to speak and/or the length of the Commission meeting. Total public input on any agenda item can be further limited to a fixed period by the Chairperson. A majority vote of the Commission may alter the time limitations of this rule. Applicants and/or their representatives shall not be subject to this time limitation, but may instead have reasonable time limits imposed by the Chairperson. Section 4. Public Comments to Be Germane. Public comments must relate directly to the subject under consideration. The Chairperson shall rule on the germaneness of public comments. While the Commission absolutely respects the public's First Amendment rights when addressing the Commission, speakers are most persuasive when they make substantive arguments supported by facts. Persons making non-germane remarks during any portion of the meeting or engaging in any action that impedes the orderly conduct of a Commission meeting shall not be recognized by the Chairperson during the remainder of the meeting. To ensure the meeting is conducted orderly and free from interference or interruption, the Chairperson is vested with exclusive discretion to review and determine whether remarks or actions meet any prohibited terms of this rule. Arguing with the Chairperson about any determination will be considered per se disruptive. Section 5. Rules of Conduct. The following rules are adopted for the conduct of those attending Commission meetings: • Only persons recognized by the Chairperson will be allowed to speak. The Commission wishes to hear from members of the public as part of respectful, civil debate and ensure that members of the public do not feel bullied or intimidated. These rules are intended to promote an orderly and dignified system of conducting a public meeting, to give every interested person an opportunity to be heard without being chilled from doing so, and to ensure that no individual is deprived of their right to petition their government. • All remarks must be addressed to the Commission as a body, and not toward any City employee or Commissioner individually. • Public comment is intended so that members of the public may be heard by the Commission. To comply with open meetings laws and proper meeting procedure, the Commission cannot engage in discussion or debate until the appropriate time for Commission discussion. However, once the commenter has left the podium, Commissioners may ask staff to respond to a concern or question posed by the public, or to follow up with the speaker. • Persons may address each agenda item only once. • Organized groups that wish to make a presentation longer than the public comment period time allowed may consolidate the speaking time of persons who are present and willing to give up their speaking time on the subject agenda item. Said consolidation may result in no more than eight minutes of speaking time for the representative of the organization. • No person shall be permitted to enter the demarcated area in front of or behind Commissioners without the permission of the Chairperson. Section 6. Failure.to Follow Commission Rules. To enable the Commission to transact the business of the City and conduct efficient meetings, persons other than Commissioners who violate these rules and/or fail to follow the direction of the Chairperson on more than one occasion during a Commission meeting shall face sanctions, including the following: • A verbal warning; or • Not being recognized to speak at the remainder of the meeting; or • Being directed to leave the meeting; or • Being suspended from attending one or more subsequent Commission meetings. The Chairperson is empowered to make the determination of when violations have occurred, and to impose the appropriate sanction, which will normally be progressive in nature. Steps may be skipped if the violation is sufficiently egregious. Failure to adhere to sanctions imposed are grounds for additional sanctions. ARTICLE X. SUBCOMMITTEES: The subcommittees of this Commission including composition, duties, and terms shall be designated by the Chairperson. ARTICLE X. AMENDMENTS: These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative vote of not less than four members of the Commission at any regular meeting or at any special meeting called for that purpose. Amendments shall be approved by the Council to become effective. Approved in Resolution No.23- 135 Prepared By:Nicole Davies, Finance Director Reviewed By:Geoff Fruin, City Manager Fiscal Impact:Adopted as part of the FY2023 Revised Budget and the 2023-2027 Capital Improvement Program Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Resolution.docx Item Number: 9.b. May 2, 2023 Resolution directing sale of $9,655,000 (subject to adjustment per terms of offering) General Obligation Bond, Series 2023 Executive Summary: The City will receive bids on May 2, 2023 for the Series 2023, Tax-Exempt General Obligation Bonds. The City Council will receive a summary of those bids that night and then consider approval of the lowest bid. Background / Analysis: The City issues bonds every spring to fund the current year ’s capital improvement projects listed in the Five-Year Capital Improvement Program. The City Council adopted the 2023 capital improvement program on April 4, 2023. The 2023 projects funded from general obligation bonds total $9,510,000. With issuance costs and contingencies, the total funding requirements from the 2023 general obligation bonds is $9,655,000. This amount is subject to change depending on the bids received. Bids will be received by the City and Speer Financial at 11:00am on May 2, 2023. The results of the sale will be summarized, and the bidder of the lowest interest rate will be recommended to be awarded the sale. I - i 7:11142%;Ala "�►�"rir®r��� City Council Supplemental Meeting Packet CITY OF IOWA CITY May 2, 2023 Late Handout(s): Planning & Zoning Matters Item 8.b Rezoning - JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions located between Mormon Trek Blvd. and Dane Rd. SE - See correspondence from Iowa Natural Heritage Foundation and correspondence from the previously distributed 4/17/23 late handouts from the following: Katherine Chapman Keller, Dan and Pam Tiedt, David Larsen, Susan Shullaw, Nancy (Wagner) Mendoza and Mary (Wagner) Davis. CRegular Formal Agenda Item-9.b 2023 Bond Resolution - See Bond package from Speer Financial Item 9.c TRC Consultant Contracts - Joint meeting with the Ad Hoc Truth and Reconciliation Commission - See correspondence from Riley EL, Angie Jordan, Annie Tucker Item 9.f FY24 Aid to Agencies - See correspondence from Will Kapp Item 9.g Assessment Schedule - See revised Exhibit A Items to Include on Agenda City of Iowa City, Iowa for May 2, 2023 $9,655,000* (Subj.: t to Adjustment per Terms of Offering) General Obligation Bonds, Series 2023 Receipt of bids. •Resolu Resolution .' ecting sale. Notice Must Be Given Pursuant to Iowa Co.e Chapter 21 and the Local Rules of the City. May 2, 2023 The Fina •e Director of the City of Iowa City, State of Iowa, met in City Hall, 410 E. Washington, Iow. City, Iowa, at 11:00 A.M., on the abov date, to open sealed bids received, access electronic b i s and to refer the sale of the Bonds t the best and most favorable bidder for cash, subject to app I val by the City Council at 6:00 P. . on the above date. The following .ersons were present: * * * * * * * * 2 This being the time and place for the opening of bids for the sale of$9,655,000* (Subject to Adjustment per Terms of Offering) General Obligation Bonds, Series 2023, the meeting was opened for t receipt of bids for the Bonds. The follo ing actions were taken: 1. Sealed ,ids were filed and listed in the minutes hile unopened, as follows: Name &Address ' Bidders: (Attach Lis of Bidders) 2. The Finance Directo, then declared e time for filing of sealed bids to be closed and that the sealed bids be ope'ed. The se. ed bids were opened and announced. 3. Electronic bids received -re ac,essed and announced as follows: Na, e & Address of Bidders: (Atta• List of Bidders) 4. The best bid was dete r fined to be as fo ows: Name&Address of Bidder: True Interest Rate(as-bid) Net Interest Cost (as-bidi: $ In consultation ith Speer Financial, the City's Muni '.al Advisor, the City considered the adjustment of the .ggregate principal amount of the Bonds . d each scheduled maturity thereof in accordanc:with the Terms of Offering and the followi t actions were taken: Final Par - ount as adjusted: $ Purchase P 'ce as adjusted: $ All bids were the referred to the Council for action. 3 May 2, 2023 The Cit Council of the City of Iowa City, State of Iowa,met in session, in the mma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 6:00 P.M., on the ab ve date. There were present Mayor \ , in the chair, and the following name Council Members: Absent: Vacant: * * , * * * * 4 Council Member introduced the following Resolution entitled "Resolution Directing Sale of$9,655,000* (Subject to Adjustment Per Terms of Offering) G•'eral Obligation Bonds, Series 2023," and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was, AYE : NAYS: Whereupon, the Mayor d:clared the folio ing Resolution duly adopted: Resolution Directing ale of$9,655,000* (Subject to Adjustment Per Terms of Offering Gener., Obligation Bonds, Series 2023 WHEREAS, bids have been recei •d for the Bonds described as follows and the best bid received (with permitted adjustments, if ) is determined to be the following: $9,655,000* (Subject to Adjus ent Per Terms of Offering) General Obligation B. ds, Series 2023 Bidder: of The terms of award: Final Par Amount as a.,usted: $ Purchase Price as adj sted: $ True Interest Rate: Net Interest Cost: 5 Now, Therefore, Be It Resolved by the City Council of the City of Iowa City, State of Iowa: Section 1. That the bid for the Bonds as above set out is hereby 'a etermined to be the best and most favorable bid received and, the Bonds are hereby awarded a- described above. Sectio 2. That the statement of information for Bond bid,-rs and the form of contract for the sale of th; Bonds are hereby approved and the Mayor,'an► Clerk are authorized to execute the same on behal of the City. • Section 3. Tha he notice of the sale of the Bonds'►eretofore given and all acts of the Clerk done in furtheranc: of the sale of the Bonds are hereby ratified and approved. Passed and Approve, his 2nd day of May, 29' . Mayor Attest: City Clerk 7 i i 6 Certificate State of Iowa ) ) SS County of Jo nson ) I, the un rsigned City Clerk of the City of Iowa City, State o owa, do hereby certify that attached is a t, e and complete copy of the portion of the recorl of the City showing proceedings of the uncil, and the same is a true and complete copy of the action taken by the Council with respect t the matter at the meeting held on the da - indicated in the attachment, which proceedings rema' in full force and effect, and have n• been amended or rescinded in any way; that meeting an 11 action thereat was duly and p •licly held in accordance with a notice of meeting and tentat a agenda, a copy of which w.s timely served on each member of the Council and posted on a b .etin board or other pro 'vent place easily accessible to the public and clearly designated foi.that purpose at the p ' cipal office of the Council pursuant to the local rules of the Council and t,e provisions of C,apter 21, Code of Iowa,upon reasonable advance notice to the public and me.'a at least twe y-four hours prior to the commencement of the meeting as required by law and wi . members •f the public present in attendance; I further certify that the individuals named therei were o the date thereof duly and lawfully possessed of their respective City offices as indicated thz ei that no Council vacancy existed except as may be stated in the proceedings, and that no con ,•versy or litigation is pending, prayed or threatened involving the incorporation, org. i ation, existence or boundaries of the City or the right of the individuals named therein as o"icers o their respective positions. WITNESS my hand and the sea of the Coun•'1 hereto affixed this day of , 2023. City Cle ,., City of Iowa City, State of Iowa (Seal) 02191227-1\10714-143 Items to Include on Agenda City of Iowa City, Iowa for May 2, 2023 $9,655,000* (Subject to Adjustment per Terms of Offering) General Obligation Bonds, Series 2023 Receipt of bids. Resolution directing sale. Notice Must Be Given Pursuant to Iowa Code Chapter 21 and the Local Rules of the City. May 2, 2023 The Finance Director of the City of Iowa City, State of Iowa, met in City Hall, 410 E. Washington, Iowa City, Iowa, at 11:00 A.M., on the above date, to open sealed bids received, access electronic bids and to refer the sale of the Bonds to the best and most favorable bidder for cash, subject to approval by the City Council at 6:00 P.M. on the above date. The following persons were present: Nicole Davies, Geoff Fruin, Jacklyn Fleagle, Maggie Burger * * * * * * * * 2 This being the time and place for the opening of bids for the sale of$9,655,000* (Subject to Adjustment per Terms of Offering) General Obligation Bonds, Series 2023, the meeting was opened for the receipt of bids for the Bonds. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name& Address of Bidders: (Attach List of Bidders) None. 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name& Address of Bidders: (Attach List of Bidders) Robert W. Baird & Co., Inc., Milwaukee, Wisconsin Piper Sandler& Co., Minneapolis, Minnesota Hilltop Securities Inc., Dallas, Texas D.A. Davidson & Co., Denver, Colorado BOK Financial Securities, Inc., Milwaukee, Wisconsin Northland Securities, Inc., Minneapolis, Minnesota Raymond James &Associates, Inc., Chicago, Illinois 4. The best bid was determined to be as follows: Name & Address of Bidder: Robert W. Baird & Co., Inc., Milwaukee, Wisconsin True Interest Rate (as-bid): 2.8547% Net Interest Cost(as-bid): $1,543,537.00 In consultation with Speer Financial, the City's Municipal Advisor, the City considered the adjustment of the aggregate principal amount of the Bonds and each scheduled maturity thereof in accordance with the Terms of Offering and the following actions were taken: Final Par Amount as adjusted: $_9,105,000.00_ Purchase Price as adjusted: $_9,941,862.25_ All bids were then referred to the Council for action. 3 May 2, 2023 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 6:00 P.M., on the above date. There were present Mayor Teague , in the chair, and the following named Council Members: Alter, Bergus, Dunn, Harmsen, Taylor, Thomas Absent: None Vacant: None * * * * * * * 4 Now, Therefore, Be It Resolved by the City Council of the City of Iowa City, State of Iowa: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, the Bonds are hereby awarded as described above. Section 2. That the statement of information for Bond bidders and the form of contract for the sale of the Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of the Bonds are hereby ratified and approved. Passed and Approved this 2nd day of May, 2023. Attest: City Clerk 6 Council Member Bergus introduced the following Resolution entitled "Resolution Directing Sale of$9,655,000* (Subject to Adjustment Per Terms of Offering) General Obligation Bonds, Series 2023," and moved its adoption. Council Member Alter seconded the motion to adopt. The roll was called and the vote was, AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: Nnne Whereupon, the Mayor declared the following Resolution duly adopted: Resolution 23-136 Resolution Directing Sale of$9,655,000* (Subject to Adjustment Per Terms of Offering) General Obligation Bonds, Series 2023 WHEREAS, bids have been received for the Bonds described as follows and the best bid received (with permitted adjustments, if any) is determined to be the following: $9,655,000* (Subject to Adjustment Per Terms of Offering) General Obligation Bonds, Series 2023 Bidder: Robert W. Baird & Co., Inc. of Milwaukee, Wisconsin The terms of award: Final Par Amount as adjusted: $ 9,105,000.00_ Purchase Price as adjusted: $ 9,941,862.25 True Interest Rate: 2.8244% Net Interest Cost: $1,363,138.00 5 Certificate State of Iowa ) ) SS County of Johnson ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this end day of May , 2023. City Clerk, City of Iowa,City, State of Iog (Seal) 02191227-1\10714-143 $9,655,000 * City of Iowa City,Johnson County,Iowa General Obligation Bonds, Series 2023 Best AON Bidder: Best AON TIC: Robert Baird 2.854733 % Serial/ Principal Sinker/ Due Amount * Term Coupon Jun 1,2024 $1,360,000 Serial 5.000% Jun 1,2025 $920,000 Serial 5.000% Jun 1,2026 $920,000 Serial 5.000% Jun 1,2027 $920,000 Serial 5.000% Jun 1,2028 $920,000 Serial 5.000% Jun 1,2029 $920,000 Serial 5.000% Jun 1,2030 $920,000 Serial 5.000% Jun 1,2031 $925,000 Serial 5.000% Jun 1,2032 $925,000 Serial 5.000% Jun 1,2033 $925,000 Serial 3.000% Purchase Price:$10,485,213.45 Spread:None Entered Time Submitted:May 2,2023 at 11:58:53 AM EDT SpeerAuction Interest Cost Calculations (for informational purposes only) Issue Size $9,655,000 Gross Interest $2,373,750.00 Plus Discount/(Less Premium) (830,213.45) Total Interest Cost $1,543,536.55 True Interest Rate 2.854733% Total Bond Years 51,175.00 Average Life 5.300 Years Firm: Robert Baird *Preliminary,subject to change The foregoing bid as submitted or as revised post sale,if appropriate,was accepted and the Securities sold by action of this Board,and receipt is hereby acknowledged of the good faith Deposit,if any,which is being held in accordance with the terms of the annexed Official Notice of Sale. Signature: Mayor Title: Prepared By:Eric R. Goers, City Attorney. Reviewed By:Eric R. Goers, City Attorney Geoff Fruin, City Manager Fiscal Impact:The contracts total $402,721.20. Funds are available in org #10210410, the Black Lives Matter set-aside. The proposal discloses the possibility of a "Third Phase" of the TRC's work, with no cost estimate provided. The proposal also calls for City staff to take a leadership role in coordinating the work of the four consultant groups, co- facilitating Strategic Doing sessions, co-creating Restorative Justice Practices, etc. No City staff is currently trained in Strategic Doing or Restorative Justice Practices, so may require additional training and/or staffing to accommodate this work, the cost for which is presently unknown. Staff Recommendation:No recommendation Commission Recommendations:The TRC voted to recommend approval of the contracts. Attachments:TRC Memo 4-26-23.pdf TRC Consultant contract resolution.doc Kearns and West Contract.pdf Healing Partners Contract.pdf Think Peace Contract.pdf Three Native Partners Contract.pdf Item Number: 9.c. May 2, 2023 Resolution approving consultant contracts with Kearns & West, Think Peace, Healing Partners, and Three Native Partners to assist with facilitating the work of the Iowa City Ad Hoc Truth and Reconciliation Commission. Executive Summary: The TRC welcomed a proposal from a consortium of local and national consultants to assist them in facilitating their work. They invited City staff to prepare and negotiate contracts with all of them. City Legal staff drafted a total of four consultant contracts with the various entities and individuals, and worked through the included spreadsheets to clarify the work to be done and payment to be received for each group. The contracts were then returned to the TRC for their approval, which was granted. They were then sent out to the consultant groups. All four contracts have now been executed on the consultant side. Background / Analysis: Council previously approved a budget for TRC facilitation of $197,907.00 at a Council meeting, but did not approve the Kearns & West contract in that amount at a subsequent meeting, citing a desire for greater local involvement. A consortium of local and national consultants then made the present proposal to the TRC, which has recommended approval by Council. The new total is $402,721.20, and includes substantial work on the part of City staff, some of which staff is not yet trained to do. A companion item on the agenda at this Council meeting is an extension of the time for the TRC to do their work, setting it out to December 31, 2024. 5/1/23,3:53 PM Supplemental Meeting Packet Template 1 t CuZiiArlibilY n wra g� City Council Supplemental Meeting Packet May 1, 2023 CITY OF IOWA CITY Late Addition(s): Regular Formal Agenda Item 9.c TRC Consultant Contracts - Joint meeting with the Ad Hoc Truth and Reconciliation / Commission Resolution approving consultant contracts with Kearns & West, Think Peace, Healing Partners, and Three Native Partners to assist with facilitating the work of the Iowa City Ad Hoc/ Truth and Reconciliation Commission. Late Handout(s): Planning & Zoning Matters Item 8.b Rezoning - JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions located between Mormon Trek Blvd. and Dane Rd. SE - See correspondence from Dennis Mitchell Regular Formal Agenda Item 9.c TRC Consultant Contracts - Joint meeting with the Ad Hoc Truth and Reconciliation Commission - See correspondence from Black Voices Project May 1, 2023 City of Iowa City 4n 5/1/23, 3:53 PM Supplemental Meeting Packet Template - . ff imegswqr City Council Supplemental Meeting Packet CITY OF IOWA CITY May 1, 2023 Late Addition(s): Regular Formal Agenda Item 9.c TRC Consultant Contracts - Joint meeting with the Ad Hoc Truth and Reconciliation Commission Resolution approving consultant contracts with Kearns & West, Think Peace, Healing Partners, and Three Native Partners to assist with facilitating the work of the Iowa City Ad Hoc Truth and Reconciliation Commission. Late Handout(s): Planning & Zoning Matters Item 8.b Rezoning - JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions located between Mormon Trek Blvd. and Dane Rd. SE - See correspondence from Dennis Mitchell Regular Formal Agenda Item 9.c TRC Consultant Contracts - Joint meeting with the Ad Hoc Truth and Reconciliation Commission - See correspondence from Black Voices Project May 1, 2023 City of Iowa City tirr.,�i....,........ .....,1 .,.h,... -.,.ti...,..,.-.- .,.., r A 7,),.antic n7,...cnn 11 - co;ifir �''�► me SOiZIT City Council Supplemental Meeting Packet CITY OF IOWA CITY May 2, 2023 Late Handout(s): Planning & Zoning Matters Item 8.b Rezoning - JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions located between Mormon Trek Blvd. and Dane Rd. SE - See correspondence from Iowa Natural Heritage Foundation and correspondence from the previously distributed 4/17/23 late handouts from the following: Katherine Chapman Keller, Dan and Pam Tiedt, David Larsen, Susan Shullaw, Nancy (Wagner) Mendoza and Mary (Wagner) Davis. Regular Formal Agenda Item 9.b 2023 Bond Resolution - See Bond package faxa_S.pe.er Financial Item 9.c TRC Consultant Contracts - Joint meeting with the Ad Hoc Truth and Reconciliation Commission - See correspondence from Riley EL, Angie Jordan, Annie Tucker Item 9.f FY24 Aid to Agencies - See correspondence from Will Kapp Item 9.g Assessment Schedule - See revised Exhibit A Prepared by: Eric R. Goers, City Attorney,410 E.Washington St., Iowa City, IA 52244, 319-356-5030 Resolution No. 23-137 Resolution approving consultant contracts with Kearns & West, Think Peace, Healing Partners, and Three Native Partners to assist with facilitating the work of the Iowa City Ad Hoc Truth and Reconciliation Commission. Whereas, on September 15, 2020, the Iowa City Council passed Resolution 20-228, establishing the Ad Hoc Truth and Reconciliation Commission (hereinafter, the "TRC"); and Whereas, that resolution called for the TRC "to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for dedicating and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter movement"; and Whereas, that resolution also indicated that"[t]he TRC shall be facilitated by an independent consultant, funded by the City, with expertise in group facilitation and human rights, and to the extent possible, experience with diversity, implicit bias, mediation and conflict resolution, until such time as the TRC concludes by the favorable vote of at least three-fourths of all the members of the TRC(7/9)that facilitation is no longer needed."; and Whereas, the TRC sought consultants who possess said expertise and were willing to contract with the City to assist the TRC in achieving their mandate; and Whereas, a consortium of consultants, Kearns & West, Think Peace (an initiative of the Mary Hoch Foundation), Healing Partners (Astig Planning, LLC and Mediation Services of Eastern Iowa), and Three Native Partners (individuals Manape LaMere, Terry Medina, and Donielle Wanatee) made a proposal to the TRC to perform facilitation work, with coordination and other substantial assistance from City staff; and Whereas, the proposal has a total price tag of$402,721.20 for phases one and two, with costs associated with a possible phase three unknown; and Whereas, funds for this project are available in org #10210410, the Black Lives Matter set-aside; and Whereas, the TRC agreed to the proposal and asked City staff to negotiate consultant agreements with all the consultant groups; and Whereas, City staff has done so to the satisfaction of the TRC and the respective consultant groups. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City does now contract with Kearns & West, Think Peace (an initiative of the Mary Hoch Foundation), Healing Partners (Astig Planning, LLC and Mediation Services of Eastern Iowa), and Three Native Partners (individuals Manape LaMere, Terry Medina, and Donielle Wanatee) as set forth in the attached consultant agreements. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreements. Resolution No. 23-137 Page 2 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary, but in no event shall those amendments increase the total cost of the facilitation contracts by more than 10%. Passed and approved this 2nd _day of May , 20 23 1 Ma Approved by Attest: 1 tP 0) G G City Clerk 0 City Attorney' Office—04/27/2023 It was moved by Thomas and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of May 2023, by and between the City of Iowa City,a municipal corporation(hereinafter, "the City"), and Kearns and West, Inc., (hereinafter, "Consultants".) Whereas,on September 15,2020,the Iowa City Council passed Resolution 20-228, establishing the Ad Hoc Truth and Reconciliation Commission (hereinafter, the"TRC");and Whereas,that resolution called for the TRC"to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice,through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for dedicating and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter movement"; and Whereas, that resolution also indicated that"[t]he TRC shall be facilitated by an independent consultant,funded by the City,with expertise in group facilitation and human rights, and to the extent possible, experience with diversity, implicit bias, mediation and conflict resolution, until such time as the TRC concludes by the favorable vote of at least three-fourths of all the members of the TRC(7/9)that facilitation is no longer needed."; and Whereas, Consultants possess said expertise, and are willing to contract with the City to assist the TRC in achieving their mandate; and Whereas, Consultants have proposed to perform the Scope of Services below in collaboration with several other consultants, and agree to do so. Now therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultants to provide services as set forth herein. I. SCOPE OF SERVICES Consultants agree to perform the following services for the City, and to do so in a timely and satisfactory manner. Consultants have proposed being part of a team with other consultants, all working to achieve the goals described in Iowa City Council Resolution 20-228. The collective scope of services of Consultants and the other consultants proposing and working as a team is attached as Exhibit"A"and incorporated herein by this reference. In the event of conflict between this Agreement and Exhibit A, this Agreement shall control. The Consultants are responsible for the scope of services assigned to"Kearns and West"in Exhibit A. Additional Details: Consultants shall assist in creating a job description for the "Community Researcher" role, to be hired by the City. Consultants shall fulfill the role of Fact-Finding Data Liaison. Consultants shall attend TRC meetings either in-person or remotely as necessary to accomplish the tasks described in Exhibit A, as well as those described in the fee spreadsheet, attached as Exhibit "B" and incorporated herein by this reference. Consultant shall attend and participate in consultant coordination meetings that take place outside of TRC meetings. Deliverables: Consultants will prepare written products, including: • A presentation to the City Council at the end of each phase of work o Written Final Recommendations to Council -2- Section IV II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. The facilitated services(hereinafter, the"Services")of the TRC are to commence upon a start date(hereinafter, "Start Date"),to be set by the TRC in collaboration with the Consultants and all other consultants involved. The Services shall be completed on the following schedule: 1. Phase One: No later than three (3)months from the Start Date. 2. Phase Two: No later than four(4)months following completion of Phase One. The completion date of each phase may, but is not required to, be extended by the TRC at the request of the Consultants. Any such extension must be approved in writing by the chair of the TRC. Any completion date extension shall not affect compensation paid to the Consultants for services rendered unless written approval is granted by the Iowa City Council. III. COMPENSATION FOR SERVICES Consultants will charge hourly fees as contained in Exhibit B. Said fees shall not to exceed $67,647 for Phase One or$72,813.50 for Phase Two, both inclusive of travel reimbursement. Grand total fees, inclusive of travel reimbursement, shall not exceed$140,460.50. Consultants may not exceed the figures above without written approval of a Change Order executed by City Council. IV General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status,gender identity, or sexual orientation. B. Should the City terminate this Agreement,the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the"lump sum"amount listed in Section III. The City may terminate this Agreement upon seven (7)calendar days'written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable -3- Section IV request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state,federal,or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event,the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional affixed thereto as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however,that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement,that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification. 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. -4- Section IV 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term"Consultant" means and includes the Consultant, its officers, agents, employees, sub-consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance 1. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts,errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a$1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause(endorsement)shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty(30)day endeavor to notify,when available by Consultant's insurer. If the Consultant receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five(5) business days with a copy of the non-renewal or cancellation notice. Q. Standard of Care. 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement.The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the 5- Section IV requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For th ' y ..�1 For the Consultants: By: Kearns &West Title: ayor By: Date: 5/2/2023 Title: Vi a Preside t- People & Operations Ap ved by: Date: 4/20/2023 City Attorney's Office EXHIBIT Proposal Summary This proposal is actually a set of four proposals from four different groups:Think Peace, Kearns and West, Three Native Partners, and the Healing Partners Team(Banjo Knits Empowerment,Astig Planning, and Mediation Services of Eastern Iowa). These are all being proposed together after several months of our groups collaborating and engaging with the TRC. We recognize that the skills and expertise of each group are interdependent and are necessary components to continue the important work of the TRC per Iowa City Council's Resolution No. 20-228. This proposal offers a community-led framework for moving at the speed of trust and building lasting and authentic relationships throughout the Truth and Reconciliation process. We seek an organic process that nurtures authenticity within the community while building our local capacity. Our teams prioritize intentional reflection and evaluation, which will provide the TRC and community partners an opportunity to improve processes/practices and gain clarity on the next phase or next steps_ Phased Approach In order to co-create a framework and process that reflects intentionality, it is important to include more local partners and to have a phased approach from which to evaluate progress. We recognize that white culture normalizes and expects processes that are neat and tidy, and although this is a phased approach, we recognize from the outset that there is a lot of potential for overlap between phases that can occur and changes that will naturally arise. We propose a two-phased approach with evaluative breaks that will help determine the next strategic steps. It is our understanding that the Commission will continue working until December of 2024. Our scope and timeframe will remain the same and provide several months for the Commission to further investigate, create, and forge necessary pathways that are borne from the final recommendations. Our start date is contingent upon approval from the City Council and we are committed to starting as soon as possible. Expectations of the City&Commissioners In order to co-create a framework and process that reflects intentionality, it is also important to include suggested expectations of the City's involvement and support functions/tasks. Tasks may include, but are not limited to the following: Specific tasks include: • Facilitate Truth and Reconciliation Commission discussions and actions informing, confirming, and assessing truth-telling,fact-finding and reconciliation processes o Assist in the creation of meeting agendas, assist in keeping meetings moving forward in a productive manner and on time. o Coordinate operations of the four proposals alongside and informed by TRC,Think Peace, Kearns &West, Healing Partners, and Native Partners(e.g. host regular Team Meetings—virtual,email updates, and/or in-person); • Co-Facilitate Strategic Doing and follow-up alongside a Healing Partner(Astig Planning)to develop a strategic outline and tasks that guide the progress and work of the Commission; 1 • Co-Create Restorative Justice Practices with Native and Healing Partners; • Co-Facilitate Restorative Justice Practices with Native and Healing Partners; • Facilitate the onboarding of local partners, organizations, other entities that can bring value to the work as contractors(identified by The Team)as needed; • Facilitate the identified local partners, organizations, contractors'initial/ongoing engagement within the Commission's work(e.g. connecting local databases and entities with data to fact-finding—Kearns and West); • Coordinate logistics of identified local Truth and Reconciliation activities and events that are informed and implemented by respective Team members(e.g. Think Peace, Native Partners, Healing Partners, other local partners, organizations and/or contractors); • Report progress alongside The Team during evaluation aspects of phased approach (3 months and 4 months); • Work with The Team, city staff and leadership to further the work of the Commission as the process unfolds. • Grant Identification,Submission& Execution in order to find additional funding opportunities that will further the work of the commission. Our Scope We have followed the three charges that the TRC was given in Resolution No. 20-228: Truth- telling, Fact-Finding, and Reconciliation. We have allocated our collaborative efforts to create teams that correspond to each of these charges.Think Peace will lead the Truth-Telling Team, Kearns&West will lead the Fact-Finding Team, and the Healing/Reconciliation Partners will lead the Reconciliation Team.We also see teams as groups that can be added to/modified, and encourage TRC Commission members, city staff, local partners, and community members to see themselves as part of those teams. Here is a general outline: o Phase One (3 Months) o Education (Truth-Telling Team)*** o Iowa Healing/Reconciliation Training&Strategic Planning/Doing Session (Reconciliation Team)*** o Begin Data Collection (Fact-Finding Team)*** o Recommendations for moving forward (TRC+All Teams) -----Presentation to City Council and Progress Evaluation---- o Phase Two(4 months) o Continuation of Fact-finding (Fact-finding Team)*** o Public Truth-telling/hearings/private interviews(Truth-Telling Team)*** o Hosting Iowa Circles&Strategic Planning/Doing Follow-up (Reconciliation Team)*** o Recommendations for moving forward(TRC+All Teams) --Presentation to City Council and Progress Evaluation----- 2 First Phase(3 months) This first phase spans 3 months and focuses on education of different truth and reconciliation processes, defining fact-finding categories from which to collect data locally, and provides a strategic doing session to focus the work for the second phase.All teams will collaborate with the TRC and the TRC Coordinator to co-create recommendations for the second phase. o Think Peace: o Public Educational Training: introduce key elements regarding truth and reconciliation processes and trauma-informed perspectives. Comparison of truth commission experiences in the US and abroad. o Facilitated conversation post-training focused on options for next steps: based on the analysis of the mandate of the Iowa City TRC. o Offer guidance on how to structure TRC meetings,fact-finding events and process, truth-telling events, and reconciliation events o Keams &West: o First phase Fact Finding engagement during this phase will focus on facilitating the commission's design of the fact finding process. The specific process is likely to evolve throughout the assessment phase with discussion topics that could include defining fact finding areas and specific hypotheses, identifying a framework for data acceptability, and identifying data sources. o Strategic Advisor. Co-advising the commission and local consultant team on process design.Assuming includes participation in commission calls and standing consultant team coordinating calls. o Fact Finding Lead Commission Facilitator: In partnership with the Commission Coordinator, design agendas and facilitate commissions discussions informing, confirming,and assessing the fact finding process. o Fact Finding Data Liaison: Inform and track data requirements and any preliminary data collection. Develop a fact finding database. Support commission in developing materials and documentation as requested. 0 Native Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Healing/Reconciliation Partners o Assist in creating recommendations a Healing/Reconciliation Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Native Partners o Strategic Doing Session to facilitate coordinated action steps for the TRC Commission Members o Assist in creating recommendations ---Presentation to Council &Progress Evaluation-- 3 Ir Second Phase(4 Months) This second phase spans four months and builds off of the first phase. Truth-telling and fact- finding will be a significant focus in this phase.All teams will collaborate with the TRC and the TRC Coordinator to co-create final recommendations that will be sent to the City Council. • Think Peace o Focus on truth-telling events, including meetings on ■ Types of public hearings: focused on cases, on types of situation or on institutions involved a Assessment of different models of public hearings according to their focus: investigative or symbolic ■ Identification of criteria to select and invite participants to the public hearings a Preparation of a protocol for public hearings including roles for the commissioners, public, press and participants. • Kearns &West o Second phase Fact Finding activities will focus in two areas: ■ 1)Advancing data collection, aggregation, and directed-analysis as defined by the commission; and, c 2)facilitating commission discussions to analyze collected information and develop their findings. o Strategic Advisor: Engage across the consultant team and with the commission as appropriate on process iteration. Assumes participation in commission calls and standing consultant team coordinating calls. o Fact Finding Lead Facilitator. In partnership with the Commission Coordinator, design agendas and facilitate commissions discussions providing fact finding updates, exploring preliminary and iterative findings, and advancing the commission's development of findings and recommendations. o Fact Finding Data Liaison: Manage fact finding database. Support commission in developing fact finding reports. Specific role to be determined in assessment phase, and may include drafting the commission's report commission review and approval along with briefing presentations as requested. ® Native Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Healing/Reconciliation Partners o Assist in creating final recommendations • Healing/Reconciliation Partners o Strategic Doing Follow up-Reaching pathfinder projects that build trust and community capacity. o Iowa Healing/Reconciliation Circle Co-creation/Training with Native Partners o Assist in creating final recommendations ---Presentation to Council &Progress Evaluation &Final Recommendations-- 5 • Total Cost Phase•Costs _ rrommu Kearns• Healing• Native• pity Think Think Entities .- Peace. Peace"/°01 arid West ;!West%4 Partnerso O Part 86%Partners .48;1B 2$%$:Researcher3 o 1 89%Total°r6 Phase`.One Total(3imonths) $190,410 98 IS 41;215:50 i • 21:65/d $. 67,647 00 ,t35 53/°�$r43 52 . 11. ,22. $ 100.00% Second;Phese Total(4.MOnths)_.,..:$202,310.22;$54.954.00; 27:16% !$ :72,813.50t s;35.99%b${37+825;00`,•18.70%1$ -15,642.72: 7,7,3% l$_21,075 00: 10i42% 100.00% Third:Phase4Total 8 Months+) l,.,._.. • _. _ _ ..-- , -- - TotaltTwo Phases(7 Months) $392,721`•20 i$,96;169:50. °-_24:49% $'.140;460:50} 35 77,% $'81:345.00 , 20:71°/a ;$--50,446.20:12:85% 4$ ,24;300.00,, .6 19% 100.00% . �iu,uuuyTontocar,trroups:. .$402;72120 in support of other local groups that step• forward'throughout the process "Includes$2200 for Local Facilitator (part time) PENGAD EDO-631-6969 rn. •- 4 Think Peace(Truth Telling) Time allocation-monthly expenses(PER MONTH) Unit Cost Unit(montl Percentage Total Project manager and senior facilitator-Gonzalez $8,800.00 1 25% $2,200.00 Senior facilitator-Ragland $8,800.00 1 25% $2,200.00 Senior facilitator-Spaulding $8,800.00 1 25% $2,200.00 Senior facilitator-Rausch $8,800.00 1 10% $880.00 Senior facilitator-Pentikainen $8,800.00 1 10% $880.00 Program Associate- Kitchen $4,400.00 1 20% $880.00 Local facilitator $4,400.00 1 50% $2,200.00 Sub total time allocation $11,440.00 Overhead(7.5%) $858.00 Sub total time allocation with overhead $12,298.00 Travel expenses(PER TRIP) Unit Cost Unit Subtotal Air travel to Iowa City $700.00 1 $700.00 Hotel accommodation per night $100.00 4 $400.00 Perdiem $60.00 4 $240.00 Sub total time allocation $1,340.00 Overhead(7.5%) 0 $100.50 Sub total time allocation with overhead 0 $1,440.50 Monthly Total $13,738.50 Phase One Total $41,215.50 Phase Two(4 Months) $54,954.00 Total Total $96,169.50 August 1-November 1 (13 weeks) Total Hours Assumptions Liaison/ The items below are reflective of a preliminary vision Role Coordinator for this role,focused on research, data colleciton,and Rate $50.00 Task 1: Team Coordination, Project Management,Strategic Consultation 1.a: Kickoff call(Phase 1 Kickoff Call with Client) 4 4 Participation in 90_minute meeting hosted by the City, Task 1 total hours 4 4 Task 1 total labor $200.00 $200.00 Total-Task 1 $200.00 Task 2: TRC Activities&Fact Finding Facilitation 2.c TRC Meeting Participation +Planning, Facilitation, and 4.5 4.5 Includes Fact Finding Liaison role observing 3 Task 2 total hours 4.5 4.5 Task 2 total labor $225.00 $225.00 Total-Task 2 $225.00. Task 3: Fact-Finding Data Liaison 3.a Phase 1 Fact Finding Database Configuration 16 Includes database tool selection(e.g.,teams/ 3.b Phase 1 Preliminary Fact Finding to inform I support 40 Assumes 16 hours across two months of preliminary Task 3 total hours 56 56 Task 3 total labor $2,800.00 $2,800.00 Total-Task 3 $2,800:00 Total Hours for all Tasks 64.5 64.5 Total Labor for all Tasks $3,225.00 $3,225.00 Total Labor $3,225.00 GRAND TOTAL —1 $3,225.00 $3,225.00 Phase Two $3,225.00 Rate $50.00 Task 1:Team Coordination, Project Management, Strategic Consultation 1.a: Kickoff call(Phase 2 Kickoff Call with Client) 1 4 4 Participation in Virtual 90-minute meeting hosted by the 1.b:Team Coordination &Project Management 18 18 Assumes 1 hour per week of team internal coordination Management 56 56 Assumes Fact Finding Liaison participating in project Task 1 total hours 78 78 Task 1 total labor $3,900.00 $3,900.00 Total-Task 1 $3,900.00 Task 2:TRC Activities& Fact Finding Facilitation 2.a Fact Finding Process Updates&Management 12 12 Assumes coordinating with fact finding facilitator and 2.b TRC Meeting Participation+Planning, Facilitation,and 35.5 35.5 Includes participation in 7 TRC meetings at 2.5 hours Task 2 total hours 47.5 47.5 Task 2 total labor $2,375.00 $2,375.00 Total-Task 2 $2,375.00 Task 3: Fact-Finding Data Liaison 3.a Phase 2 Fact Finding Database Management 16 Includes database tool selection (e.g.,teams/ 3.b Phase 2 Fact Finding Coordination/Fact Collection 280 Assumes 20 hours per week for 10 weeks for Fact Task 3 total hours 296 296 Task 3 total labor $14,800.00 $14,800.00 Total-Task 3 $14.1100.00 Total Hours for all Tasks 421.5 421.5 Total Labor for all Tasks $21,075.00 $21,075.00 Total Labor $21,075.00_ GRAND TOTAL $21,075.00 $21,075.00 Total Total ,24,300.00 Total at an estimated$50/hour $21,075.00. Kearns and West(Fact Finding) August 1-November 1(13 weeks) labor hours Assumptions Role Principal Sr Facilitator Associate Rate $ 285.00 $205.00 $150.00 Task 1:Team Coordination,Project Management,Strategic Consultation with Client) 0 4 0 4 Virtual 90-minute meeting hosted by the City, 11U anagement 2 19 19 40'Assumes 1 hour per week of K&W team internal 1.c:Background Research 0 12 12 24 Background research(including reviewing Iowa Adaptive Management 0 52 52 104 Assumes prep,participation,and follow up for Management&Recommendations for 0 8 0 8 Assumes 8 hours of consultation on Task 1 total hours 2 95 83 180' Task 1 total labor $570.00 $19,475.00 $12,450.00 $32,495.00 Total•Task I $32,495.00_ . Task 2:TRC.Activities&Fact Finding Facilitation 2.a Fact Finding Process Design& 1 8 12 21 Preparing a process diagram of the fact finding Briefing process including key decision points and benchmark activities. Briefing to be delivered as Fact Finding process"kick off'during TRC 2.b Fact Finding Scope&Work Plan 1 16 24 41 Following TRC input,develop Fact Finding charter I work plan outlining key questions for the TRC to confirm to scope and inform Fact Finding research.This document will be updated on a rolling basis and will be the final deliverable from the Phase 1 Fact Finding activities.Will include defining scope of Fact finding, 2.c TRC Meeting Participation+ 0 35.5 35.5 71 Includes participation in 7 TRC meetings at 2.5 Planning, Facilitation,and Summary of hours per meeting(every other week,including Meetings or Meeting Segmentd pre-meeting team coordination and post-meeting dedicated to Fact Finding scoping. real time debrief as needed.) Includes more robust support for Fact Finding agendas/topics, assuming an additional 6 hours of time for each of 3 meetings-heavier support includes additional meeting prep time for agendas, facilitation plans,faciliation,and summary of Task 2 total hours 2 59.5 71.5 133 Task 2 total labor $570.00 $12,197.50 $10,725.00 $23,492.50 Total-Task 2 $23,492.50 Total Hours for all Tasks 4 154.5 154.5 313+ Total Labor for all Tasks $1,140,00 $31,672.50 $23,175.00 $55,987.50 Tag-Labor $55,987.50 Travel Airfare to Iowa City $ - $ 350.00 $ 350.00 $ 700.00 Hotel(2 nights) $ • $ 192.00 $ 192.00 $ 384.00 Per Diem(meals/incidentals) $ - $ 147.50 $ 147.50 $ 295.00 Travel time(billed at 50%of total) $ - $ 1,332.50 $ 975.00 $ 2,307.50 Other Direct Costs $ 200.00 $ 200.00 Travel total for all Tasks $ - $ 2,222.00 $ 1,664.50 $ 3,886.50 Total Travel Costs $ - $ 6,666.00 $ 4,993.50 $ 11,659.50 Assumes three trips for face-to-face GRANO TOTAL $1,140.00 $38,338,50 $28,168,50 $67,647.00 Phase Two Principal Sr Facilitator Associate Rate $ 285.00 $205.00 $150.00 Task 1:Team Coordination,Project Management,Strategic'Consultation— with Client) 0 4 0 4 Virtual 90-minute meeting hosted by the City, Management 2 22 22 46 Assumes 1 hour per week of K&W team internal 1.c: Background Research 0 16 4 20 Background research(including reviewing Iowa Adaptive Management 0 56 56 112 Assumes prep, participation,and follow up for Management&Recommendations for 0 36 4 40 Assumes 8 hours of consultation on Task 1 total hours 2 134 86 222 Task 1 total labor $570.00 $27,470.00 $12,900.00 $40,940.00 Total-Task 1 $40,940.00 Task 2 TRC Activities&Fact Finding Facilitation - ` F,r . ,> 2.a Fact Finding Process Updates& 1 8 12 21 Updating Fact Finding Scoping/Work Plan to 2.b TRC Meeting Participation+ 0 35.5 35.5 71 Includes participation in 7 TRC meetings at 2.5 Planning, Facilitation,and Summary of hours per meeting(every other week,including Meetings or Meeting Segmentd pre-meeting team coordination and post-meeting dedicated to Fact Finding scoping. real time debrief as needed,)Includes more robust support for Fact Finding agendas/topics, assuming an additional 6 hours of time for each of 3 meetings-heavier support includes additional meeting prep time for agendas, facilitation plans,faciliation,and summary of Task 2 total hours 1 43.5 47.5 92 Task 2 total labor $285.00 $8,917.50 $7,125.00 $16,327.50 Total-Task 2 $16,327.50 Total Hours for all Tasks 3 I 177.5 133.5 314 Total Labor for all Tasks $855.00 $36,387.50 $20,025.00 $57,267.50' Total Labor $57,267.50 Travel Airfare to Iowa City $ - $ 350.00 $ 350.00 $ 700.00 4 Hotel(2 nights) $ - $ 192.00 $ 192,00 $ 384.00 Per Diem(meals/incidentals) $ - $ 147.50 $ 147.50 $ 295.00 Travel time(billed at 50%of total) $ - $ 1,332.50 $ 975,00 _ $ 2,307.50 Other Direct Costs $ 200.00 $ 200.00 Travel total for all Tasks $ - $ 2,222.00 $ 1,664.50 $ 3,886.50 Total Travel Costs $ - $ 8,888.00 $ 6,658.00 I $ 15,546.00 Assumes four trips for face-to-face GRAND TOTAL $855.00 S45,275.50 $26,683.00, $72,813.50 Total Total $140,460.50 Native Partners Menape LaMere Terry Medina Donielle Wanatee $125.00 $125.00 $125.00 Iowa Healing/Reconciliation Circle Co-creatlon/Training 30 30 30 Internal Meetings/Coordination meetings 20, 20. 20 TRC Meetings 25; 25_ 25 Sub-total Hours 75 75 75 Sub-total rate'hours $9,375.00 $9,375.00 $9.375.00 Travel Reimbursement per City Sioux City Sioux City Des Moines Federal Highway travel rate ($0.655/mile)Subtotal per Trip $381.21 $381.21 157 2 Travel Reimbursement Total(4 Trips) $1,524.84 $1,524.84 $628.80 City Council&TRC Presentation on Iowa from Native American perspective(Hours) 5 5 5 City Council&TRC Presentation on Iowa from Native American perspective(Total) $625.00 $625.00 $625.00 City Council Presentation with consultant team (Hours) 3 3 3 City Council Presentation with consultant team(Total) $375.00 $375.00 $375.00 Phase One Subtotals $11,899.84 $11,899.84 $11,003.80 Phase One total Combined $34,803 d8 City Council Presentation with consultant team(Hours) 3 3 3 • City Council PresentAtion'i consultant Mali(Total) S375.00 $375.00 $375.00 Final Recommendations Hours 10 10 10 Roe; inert tibr 1+701 $1,250,00 $1,260.00 $"1 .00 Phase Two initial training sessions with TRC (Hours for two weeks) 6 6 6 Phase Two initial training sessions with TRC(Total) $750,00 $750.00 $750.00 Phase Two Community Training (Hours for four weeks) 8 8 8 Phase Two Community 1raininel (Total for four weeks) $1;0.00.00 $1,000.00 $1,000.00 Travel Reimbursement per City Sioux City Sioux City Des Moines Federal Highway travel rate ($0.655/mile)Subtotal per Trip $381.21 $381.21 157.2 Travel Reambu mthentTotal(6 Trips) $2,287.26 $2,287.26 $943.20 community members In the Talking Circle Deliverable outlined in the contract.This encompasses 2 initial TRC sessions that are 3 hours each over the course of two weeks; Phase Two Subotal with and 1 session per week for four weeks to train community Recommendations& members.This estimate may change depending on the Presentations $5,662.26 $5,662.26 $4,318.20 community's desire to be trained in this practice. Phase Two Total Combined $16,642.72 Total Phase One&Phase Two $504446.20 AT VFO Healing Partners(Reconciliation) $85.00 $85.00 Iowa Healing/Reconciliation Circle Co- creation/Training 20 20 Internal Meetings 20 20 Facilitation with Community Healing Partners 30 30 TRC Meetings Non-payment 14 Sub-total Hours 70 84 Sub-total rate*hours $5,950.00 $7,140.00 Monthly Total $13,090.00 Phase One Subtotal (3 months) $39,270.00 Non-Monthly Expenses: City Council Presentations(1) 5 5 Strategic Doing Session Non-payment 40 Sub-total Hours 5 45 Sub-total rate*hours $425.00 $3,825.00 Phase One Non-monthly expenses $4,250.00 Phase One Total(3 months) $43,520.00 Phase Two Monthly Total $8,500.00 Phase Two Subtotal (4 months) $34,000.00 Final Recommendations $3,825.00 Phase Two Total $37,825.00 Tote( Total $81,345.00 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of May 2023, by and between the City of Iowa City, a municipal corporation(hereinafter, "the City'), and Astig Planning, LLC. and Mediation Services of Eastern Iowa, an Iowa domestic non-profit corporation, (hereinafter, "Consultants".) Whereas,on September 15, 2020,the Iowa City Council passed Resolution 20-228, establishing the Ad Hoc Truth and Reconciliation Commission(hereinafter, the"TRC"); and Whereas, that resolution called for the TRC"to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice,through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for dedicating and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter movement'; and Whereas, that resolution also indicated that"[the TRC shall be facilitated by an independent consultant,funded by the City,with expertise in group facilitation and human rights,and to the extent possible, experience:with diversity, implicit bias, mediation and conflict resolution,until such time as the TRC concludes by the favorable vote of at least three-fourths of all the members of the TRC (7/9)that facilitation is no longer needed.";and Whereas, Consultants possess said expertise, and are willing to contract with the City to assist the TRC in achieving their mandate; and Whereas, Consultants have proposed to perform the Scope of Services below in collaboration with several other consultants, and agree to do so. Now therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultants to provide services as set forth herein. B. SCOPE OF SERVICES Consultants agree to perform the following services for the City, and to do so in a timely and satisfactory manner.. Consultants have proposed being part of a team with other consultants,all working to achieve the:goals described in Iowa City Council Resolution 20-228. The collective scope of services of Consultants and the other consultants proposing and working as a team is attached as Exhibit"A"and incorporated herein by this reference. In the event of conflict between this Agreement and Exhibit A, this Agreement shall control. The Consultants are responsible for the scope of services assigned to"Healing Partners" in Exhibit A. Additional.Details: Consultants shall be responsible for recruitment of and payment of local groups of facilitator/conveners/experts in their fields (hereinafter, "Local Groups.") The sum total of payments to the Local Groups shall not exceed$10,000. Consultants shall attend TRC meetings either in-person or remotely and shall attend and participate in consultant coordination meetings that take place outside of TRC meetings. Deliverables: Consultants will prepare written products, including: ® A presentation to the City Council at the end of each phase of work ® Written Final Recommendations to Council -2- Section IV II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. The facilitated services(hereinafter;the"Services")of the TRC are to commence upon a start date(hereinafter, "Start Date"), to be set by the TRC in collaboration with the Consultants and all other consultants involved. The Services shall be completed on the following schedule: 1. Phase One: No later than three(3)months from the Start Date. 2. Phase Two: No later than four(4)months following completion of Phase One. The completion date of each phase may, but is not required to, be extended by the TRC at the request of the Consultants. Any such extension must be approved in writing by the chair of the TRC. Any completion date extension shall not affect compensation paid to the Consultants for services rendered unless written approval is granted by the Iowa City Council. III. COMPENSATION FOR SERVICES Consultants will charge hourly fees as contained in Exhibit"B", incorporated herein by this reference. Said fees shall not to exceed $43,520,00 for Phase One, $37,825.00 for Phase Two, and $10,000 for the Local Groups. Grand total fees, inclusive of the Local Groups'compensation, shall not exceed $91,345.00. Consultants may not exceed the figures above without written approval of a Change Order executed by City Council. Mediation Services of Eastern Iowa shall not bill for their time spent at TRC meetings or at Strategic Doing session. IV General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the"lump sum"amount listed in Section III. The City may terminate this Agreement upon seven(7)calendar days'written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. _3_ Section IV E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state,federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City,the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional affixed thereto as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City,which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement,that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification. 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's -4- Section IV negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the • extent caused by or resulting from the negligent act,error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub-consultants, and others for whom Consultant is legally liable, and the term "City° means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance 1. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate,or a$1,000,000 Combined Single Limit.To the fullest extent permitted by applicable state law,a Waiver of Subrogation Clause(endorsement)shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty(30)day endeavor to notify,when available by Consultant's insurer. If the Consultant receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five(5)business days with a copy of the non-renewal or cancellation notice. Q. Standard of Care. 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement.The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. -5_ Section IV 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the ity Astig Planning, LLC By: By: V t l )(1M9- l J rck Title: Mayor Title: CFO p,) e r Date: 5/2/2023 1 Date: y /E 0 l �Dd Appr ed by: Mediation Services of Eastern Iowa f= City Attorney's Office By: `�'4' l i ' Title: '76E?L, l 41 l Date: /` �211.- /�/ For the Consultants: EXHIBIT •f g . o Proposal Summary This proposal is actually a set of four proposals from four different groups:Think Peace, Kearns and West,Three Native Partners, and the Healing Partners Team(Banjo Knits Empowerment, Astig Planning, and Mediation Services of Eastern Iowa).These are all being proposed together after several months of our groups collaborating and engaging with the TRC. We recognize that the skills and expertise of each group are interdependent and are necessary components to continue the important work of the TRC per Iowa City Council's Resolution No. 20-228. This proposal offers a community-led framework for moving at the speed of trust and building lasting and authentic relationships throughout the Truth and Reconciliation process. We seek an organic process that nurtures authenticity within the community while building our local capacity. Our teams prioritize intentional reflection and evaluation,which will provide the TRC and community partners an opportunity to improve processes/practices and gain clarity on the next phase or next steps. Phased Approach In order to co-create a framework and process that reflects intentionality, it is important to include more local partners and to have a phased approach from which to evaluate progress. We recognize that white culture normalizes and expects processes that are neat and tidy, and although this is a phased approach, we recognize from the outset that there is a lot of potential for overlap between phases that can occur and changes that will naturally arise. We propose a two-phased approach with evaluative breaks that will help determine the next strategic steps. It is our understanding that the Commission will continue working until December of 2024. Our scope and timeframe will remain the same and provide several months for the Commission to further investigate, create, and forge necessary pathways that are borne from the final recommendations. Our start date is contingent upon approval from the City Council and we are committed to starting as soon as possible. Expectations of the City &Commissioners In order to co-create a framework and process that reflects intentionality, it is also important to include suggested expectations of the City's involvement and support functions/tasks. Tasks may include, but are not limited to the following: Specific tasks include: o Facilitate Truth and Reconciliation Commission discussions and actions informing, confirming, and assessing truth-telling, fact-finding and reconciliation processes o Assist in the creation of meeting agendas, assist in keeping meetings moving forward in a productive manner and on time. a Coordinate operations of the four proposals alongside and informed by TRC, Think Peace, Kearns&West, Healing Partners, and Native Partners (e.g. host regular Team Meetings—virtual, email updates,and/or in-person); ▪ Co-Facilitate Strategic Doing and follow-up alongside a Healing Partner(Astig Planning)to develop a strategic outline and tasks that guide the progress and work of the Commission; 1 • Co-Create Restorative Justice Practices with Native and Healing Partners; e Co-Facilitate Restorative Justice Practices with Native and Healing Partners; e Facilitate the onboarding of local partners, organizations, other entities that can bring value to the work as contractors(identified by The Team)as needed; • Facilitate the identified local partners, organizations, contractors' initial/ongoing engagement within the Commission's work(e.g. connecting local databases and entities with data to fact-finding—Kearns and West); • Coordinate logistics of identified local Truth and Reconciliation activities and events that are informed and implemented by respective Team members(e.g. Think Peace, Native Partners, Healing Partners, other local partners, organizations and/or contractors); • Report progress alongside The Team during evaluation aspects of phased approach(3 months and 4 months); a Work with The Team, city staff and leadership to further the work of the Commission as the process unfolds. o Grant Identification,Submission&.Execution in order to find additional funding opportunities that will further the work of the commission. Our Scope We have followed the three charges that the TRC was given in Resolution No. 20-228: Truth- telling, Fact-Finding, and Reconciliation. We have allocated our collaborative efforts to create teams that correspond to each of these charges. Think Peace will lead the Truth-Telling Team, Kearns&West will lead the Fact-Finding Team, and the Healing/Reconciliation Partners will lead the Reconciliation Team.We also see teams as groups that can be added to/modified, and encourage TRC Commission members, city staff, local partners, and community members to see themselves as part of those teams. Here is a general outline: G Phase One(3 Months) o Education (Truth-Telling Team)*** o Iowa Healing/Reconciliation Training&Strategic Planning/Doing Session (Reconciliation Team)*** o Begin Data Collection (Fact-Finding Team)*** o Recommendations for moving forward (TRC+All Teams) -----Presentation to City Council and Progress Evaluation---- • Phase Two(4 months) o Continuation of Fact-finding (Fact-finding Team)*** o Public Truth-telling!hearings/private interviews(Truth-Telling Team)**" o Hosting Iowa Circles&Strategic Planning/Doing Follow-up (Reconciliation Team)*** o Recommendations for moving forward (TRC+All Teams) -----Presentation to City Council and Progress Evaluation---- 2 First Phase (3 months) This first phase spans 3 months and focuses on education of different truth and reconciliation processes, defining fact-finding categories from which to collect data locally, and provides a strategic doing session to focus the work for the second phase. All teams will collaborate with the TRC and the TRC Coordinator to co-create recommendations for the second phase. O Think Peace: o Public Educational Training: introduce key elements regarding truth and reconciliation processes and trauma-informed perspectives. Comparison of truth commission experiences in the US and abroad. o Facilitated conversation post-training focused on options for next steps: based on the analysis of the mandate of the Iowa City TRC. o Offer guidance on how to structure TRC meetings, fact-finding events and process, truth-telling events, and reconciliation events o Kearns &West: o First phase Fact Finding engagement during this phase will focus on facilitating the commission's design of the fact finding process. The specific process is likely to evolve throughout the assessment phase with discussion topics that could include defining fact finding areas and specific hypotheses, identifying a framework for data acceptability, and identifying data sources. o Strategic Advisor: Co-advising the commission and local consultant team on process design. Assuming includes participation in commission calls and standing consultant team coordinating calls. o Fact Finding Lead Commission Facilitator: In partnership with the Commission Coordinator, design agendas and facilitate commissions discussions informing, confirming, and assessing the fact finding process. o Fact Finding Data Liaison: Inform and track data requirements and any preliminary data collection. Develop a fact finding database. Support commission in developing materials and documentation as requested. t Native Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Healing/Reconciliation Partners o Assist in creating recommendations o Healing/Reconciliation Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Native Partners o Strategic Doing Session to facilitate coordinated action steps for the TRC Commission Members o Assist in creating recommendations ---Presentation to Council & Progress Evaluation-- 3 Second Phase(4 Months) This second phase spans four months and builds off of the first phase. Truth-telling and fact- finding will be a significant focus in this phase.All teams will collaborate with the TRC and the TRC Coordinator to co-create final recommendations that will be sent to the City Council. • Think Peace o Focus on truth-telling events, including meetings on ■ Types of public hearings:focused on cases, on types of situation or on institutions involved ■ Assessment of different models of public hearings according to their focus: investigative or symbolic a Identification of criteria to select and invite participants to the public hearings a Preparation of a protocol for public hearings including roles for the commissioners, public, press and participants. • Kearns &West o Second phase Fact Finding activities will focus in two areas: ■ 1)Advancing data collection, aggregation, and directed-analysis as defined by the commission; and, a 2)facilitating commission discussions to analyze collected information and develop their findings. o Strategic Advisor: Engage across the consultant team and with the commission as appropriate on process iteration. Assumes participation in commission calls and standing consultant team coordinating calls. o Fact Finding Lead Facilitator. In partnership with the Commission Coordinator, design agendas and facilitate commissions discussions providing fact finding updates,exploring preliminary and iterative findings, and advancing the commission's development of findings and recommendations. o Fact Finding Data Liaison: Manage fact finding database. Support commission in developing fact finding reports. Specific role to be determined in assessment phase, and may include drafting the commission's report commission review and approval along with briefing presentations as requested. • Native Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Healing/Reconciliation Partners o Assist in creating final recommendations • Healing/Reconciliation Partners o Strategic Doing Follow up -Reaching pathfinder projects that build trust and community capacity. o Iowa Healing/Reconciliation Circle Co-creation/Training with Native Partners o Assist in creating final recommendations --Presentation to Council&Progress Evaluation &Final Recommendations-- 5 Total Cost _ Phase Costs t,ornmu Kearns,. Healing Native: . nity Think Think Kearns and Healing • Partners Native Panne Community :Resear Entities .. Peace* - : Peace% and;West,r„ West%i Partners % Partners: ;rs% .4 Researcher :char% Total% PhaseSOneTotals3imonths) $190,410.98 `.$41,215:50: 21.65% $£ 67,647 00:f35:53%;$43;520.00. ..22.86% :$ 34;803.48 18 28%° `$ 3',225.00 1169% 100.00% Second"Phase Total(4 Months), $202,310.22;$:54,954.00 .27.18% '.$ :72,813 50 ,35.99%?$.:37;825.00'.' 18.70%?$ 15,642:72 ,7 73%?$ 21°,075:0(i: 10 42% 100.00% Thlid;PliaterotaTotal Two Phasesx 7,Months), $392,721,,20 ,$,96;169:50. _:24.49% '$140,460 50 r 3577% -$±81„345.00 -20.7,1%,,$ 50,446.20' 12;85%i$`i 24,300.00. s.�ru,uuu,rorr.oaarziroups -$402,721.20 in support of other local groups that step forward throughout the process "Includes$2200 for Local Facilitator (part time) wI PENGA0800.631-6989 f rn : Z i e Think Peace(Truth Telling) Time allocation-monthly expenses(PER MONTH) Unit Cost Unit(month Percentage Total Project manager and senior facilitator-Gonzalez $8,800.00 1 25% $2,200.00 Senior facilitator-Ragland $8,800.00 1 25% $2,200.00 Senior facilitator-Spaulding $8,800.00 1 25% $2,200.00 Senior facilitator- Rausch $8,800.00 1 10% $880.00 Senior facilitator-Pentikainen $8,800.00 1 10% $880.00 Program Associate-Kitchen $4,400.00 1 20% $880.00 Local facilitator $4,400.00 1 50% $2,200.00 Sub total time allocation $11,440.00 Overhead (7.5%) $858.00 Sub total time allocation with overhead $12,298.00 Travel expenses(PER TRIP) Unit Cost Unit Subtotal Air travel to Iowa City $700.00 1 $700.00 Hotel accommodation per night $100.00 4 $400.00 Perdiem $60.00 4 $240.00 Sub total time allocation $1,340.00 Overhead(7.5%) 0 $100.50 Sub total time allocation with overhead 0 $1,440.50 Monthly Total $13,738.50 Phase One Total $41,216.50 Phase Two(4 Months) $54,954.00 Total Total ' $98,169,50 August 1-November 1(13 weeks) Total Hours Assumptions Liaison/ The items below are reflective of a preliminary vision Role Coordinator for this role,focused on research,data colleciton,and Rate $50.00 Task I Team Coordination,Project Management,Strategic:Consultation 1.a: Kickoff call(Phase 1 Kickoff Call with Client) 4 4 Participation in 90-minute meeting hosted by the City, Task 1 total hours 4 4 _ Task 1 total labor $200.00 $200.00 Total-Task 1 $200.00 Task 2:TRC.Activities&Fact Finding Facilitation 2.c TRC Meeting Participation +Planning, Facilitation, and 4.5 4.5 Includes Fact Finding Liaison role observing 3 Task 2 total hours 4.5 4.5 Task 2 total labor $225.00 $225.00 Total-Task 2 $225.00_ Task 3:Fact-Finding Data Liaison 3.a Phase 1 Fact Finding Database Configuration 16 Includes database tool selection(e.g.,teams I 3.b Phase 1 Preliminary Fact Finding to inform/support 40 Assumes 16 hours across two months of preliminary Task 3 total hours 56 56 Task 3 total labor $2,800.00 $2,800.00 Total-Task 3 52,E.00 Total Hours for all Tasks 64.5 64.5 Total Labor for all Tasks $3,225.00 $3,225.00 Total Labor $3,225.00 GRAND TOTAL $3,225.00 $3,225.00 Phase Two $3,225.00 Rate $50.00 L Task 1:Team Coordination;Project Management,Strate is Consultation _ 1.a: Kickoff call(Phase 2 Kickoff Call with Client) I 4 4 Participation in Virtual 90-minute meeting hosted by the 1.b:Team Coordination &Project Management 18 18 Assumes 1 hour per week of team internal coordination Management 56 56 Assumes Fact Finding Liaison participating in project Task 1 total hours 78 78 Task 1 total labor $3,900.00 $3,900.00 Total-Task 1 $3,900.00 Task 2:TRC Activities&Fact Finding Facilitation _ 2.a Fact Finding Process Updates&Management 12 12 Assumes coordinating with fact finding facilitator and 2.b TRC Meeting Participation+ Planning, Facilitation,and 35.5 35.5 Includes participation in 7 TRC meetings at 2.5 hours Task 2 total hours 47.5 47.5 Task 2 total labor $2,375.00 $2,375.00 Total-Task 2 $2,375.00 Task 3: Fact-Finding Data Liaison 3.a Phase 2 Fact Finding Database Management 16 Includes database tool selection(e.g.,teams/ 3.b Phase 2 Fact Finding Coordination/Fact Collection 280 Assumes 20 hours per week for 10 weeks for Fact Task 3 total hours 296 296 Task 3 total labor 514,800.00 $14,800.00 Total-Task 3 $14,800.00 Total Hours for all Tasks 421.5 421.5 Total Labor for all Tasks $21,075.00 $21,075.00 Total Labor _ $21,075.00 GRAND TOTAL $21,075.00 $21,075.00 Total Total $24,300.00 Total at an estlmated150%ho.ur $21,075.00 Kearns and West(Fact Finding) August 1-November 1(13 weeks) labor hours Assumptions Role' Principal Sr Facilitator Associate ' Rate $ 285.00 $205.00 - $150.00 Task 1:Team Coordination,Project Management,Strategic Consultation with Client) 0 4 0 4 Virtual 90-minute meeting hosted by the City, Management 2 19 19 40 Assumes 1 hour per week of K&W team internal 1.c:Background Research 0 12 12 24 Background research(including reviewing Iowa Adaptive Management 0 52 52 104 Assumes prep,participation,and follow up for Management&Recommendations for 0 8 0 8 Assumes 8 hours of consultation on Task 1 total hours 2 95 83 180 Task 1 total labor $570.00 $19,475.00 $12,450.00 $32,495.00 Total-Task 1 $32,495.00 Task.2:TRC Activities-8,Fact Finding Facilitation 2.a Fact Finding Process Design& 1 8 12 21 Preparing a process diagram of the fact finding Briefing process including key decision points and benchmark activities. Briefing to be delivered as Fact Finding process"kick off'during TRC 2.b Fact Finding Scope&Work Plan 1 16 24 41 Following TRC input,develop Fact Finding charter I work plan outlining key questions for the TRC to confirm to scope and inform Fact Finding research.This document will be updated on a rolling basis and will be the final deliverable from the Phase 1 Fact Finding activities.Will include defining scope of Fact finding, 2.c TRC Meeting Participation+ 0 35.5 35.5 71 Includes participation in 7 TRC meetings at 2.5 Planning, Facilitation, and Summary of hours per meeting(every other week, including Meetings or Meeting Segmentd pre-meeting team coordination and post-meeting dedicated to Fact Finding scoping. real time debrief as needed.) Includes more robust support for Fact Finding agendas/topics, assuming an additional 6 hours of time for each of 3 meetings-heavier support includes additional meeting prep time for agendas, facilitation plans,faciliation,and summary of Task 2 total hours 2 59.5 71.5 133 Task 2 total labor $570.00 $12,197.50 $10,725.00 $23,492.50 Total-Task 2 $23,492.50 Total Hours for all Tasks 4 154.5 154.5 313 Total Labor for all Tasks $1,140.00 $31,672.50 $23,175.00 $55,987.50 Total Labor $55,987.50 Travel Airfare to Iowa City $ - $ 350.00 $ 350.00 $ 700.00 Hotel(2 nights) $ - $ 192.00 $ 192.00 $ 384.00 Per Diem(meals/incidentals) $ - $ 147.50 $ 147.50 $ 295.00 Travel time(billed at 50%of total) $ - $ 1,332.50 $ 975.00 $ 2,307.50 Other Direct Costs $ 200.00 $ 200.00 Travel total for all Tasks $ - $ 2,222.00 $ 1,664.50 $ 3,886.50 Total Travel Costs $ - ' $ 6,666.00 $ 4,993.50 $ 11,659.50 Assumes three trips for face-to-face GRAND TOTAL $1,140.00 $38,338.50 $28,168,50 $67,647.00 Phase Two Principal Sr Facilitator Associate Rate $ 285.00 $205.00 $150.00 Task I:Team Coordination,Project Management,Stfegic Consultation _ with Client) 0 4 0 4 Virtual 90-minute meeting hosted by the City, Management 2 22 22 46 Assumes 1 hour per week of K&W team internal 1.c:Background Research 0 16 4 20 Background research(including reviewing Iowa Adaptive Management 0 56 56 112 Assumes prep,participation,and follow up for Management&Recommendations for 0 36 4 40 Assumes 8 hours of consultation on Task 1 total hours 2 134 86 222 Task 1 total labor $570.00 $27,470.00 $12,900.00 $40,940.00 Total-Task 1 $40,940.00 Task 2':TRC Activities&Fact Finding Facilitation 2.a Fact Finding Process Updates& 1 8 12 21 Updating Fact Finding Scoping/Work Plan to 2.b TRC Meeting Participation+ 0 35.5 35.5 71 Includes participation in 7 TRC meetings at 2.5 Planning,Facilitation,and Summary of hours per meeting(every other week,including Meetings or Meeting Segmentd pre-meeting team coordination and post-meeting dedicated to Fact Finding scoping. real time debrief as needed.)Includes more robust support for Fact Finding agendas/topics, assuming an additional 6 hours of time for each of 3 meetings-heavier support includes additional meeting prep time for agendas, facilitation plans,faciliation, and summary of ran I. . -. • • e• .• r • Task 2 total hours 1 43.5 47.5 92 T Task 2 total labor $285,00 $8,917.50 $7,125.00 $16,327.50 Total-Task 2 $16,327.50 Total Hours for all Tasks 3 177.5 133.5 314 Total Labor for all Tasks $855.00 $36,387.50 $20,025.00 $57,267.50 Total Labor $57,267.50 Travel Airfare to Iowa City $ - $ 350.00 $ 350.00 $ 700.00 Hotel(2 nights) $ - $ 192.00 $ 192.00 $ 384.00 Per Diem(meals/incidentals) $ - $ 147.50 $ 147.50 $ 295.00 Travel time(billed at 50%of total) $ - $ 1,332.50 $ 975 00 $ 2,307.50 Other Direct Costs $ 200.00 $ 200.00 Travel total for all Tasks ' $ - $ 2,222.00 $ 1,664.50 $ 3,886.50 Total Travel Costs $ - $ 8,888.00 $ 6,658.00 S 15,546.00 Assumes four trips for face-to-face GRAND TOTAL $855.00 S45,275.50 $26,683.00 $72,813.50 Total Total $140,460.50 Native Partners Menape LaMere Terry Medina Donielle Wanatee $125.00 $125.00 $125.00 Iowa Healing/Reconciliation Circle Co-creation training 30 30 3t? Internal Meetings/Coordination meetings 20 20 20 TRC Meetings .25 25. 25 Sub-total Hours 75 75 75 Sub-total rate*hours $9,375.00 $9,375.00 $9,375.00 Travel Reimbursement per City Sioux City Sioux City Des Moines Federal Highway travel rate ($0.655/mile)Subtotal per Trip $381.21 $381,21 i`>7 Travel Reimbursement total(4 Trips) $1,524.84 $1,524.84 5(528.80 City Council &TRC Presentation on Iowa from Native American perspective(Hours) 5 5 City Council&TRC Presentation on Iowa from Native American perspective(Total) $625.00 $625.00 $625.00 City Council Presentation with consultant team (Hours) 3 3 3 City Council Presentation with consultant team(Total) $375.00 $375.00 $375.00 Phase One Subtotals $11,899.84 $11,899.84 $11,003,80 Phase One Total Corribinlod $34,803.48 City Council Presentation with consultant team (Hours) 3 3 3 City Council Presentation with consultant team(Total) $375,00 $375,00 $375.00 Final Recommendations Hours 10 10 10 Final Recommendations Total. $1,250.00 $1,250,00 $1,250.00 Phase Two initial training sessions with TRC(Hours for two weeks) 6 6 6 Phase Two initial training sessions with TRC(Total) $750.00 $750.00 $750.00 Phase Two Community Training (Hours for four weeks) 8 8 8 Phase Two Cornthtinity Trair,irq (Total for four weeks) $1.,0d0.00 $1,000.00 $1,000.00 Travel Reimbursement per City Sioux City Sioux City Des Moines Federal Highway travel rate ($0.655/mile)Subtotal per Trip $381.21 $381.21 157.2 TravelRelmbursement TWO(6Trips) $2,287.26 $2,287.26 $943.20 community members in the Talking Circle Deliverable outlined in the contract.This encompasses 2 initial TRC sessions that are 3 hours each over the course of two weeks; Phase Two Subotal with and 1 session per week for four weeks to train community Recommendations& members.This estimate may change depending on the Presentations $5,662.26 $5,662.26 $4,318.20 community's desire to be trained in this practice. Phase Two Total Combined $15,642.72 Total Phase One&Phase Two 5500146.20 AT VFO Healing Partners(Reconciliation) $85.00 $85.00 Iowa Healing/Reconciliation Circle Co- creation/Training 20 20 Internal Meetings 20 20 Facilitation with Community Healing Partners 30 30 TRC Meetings Non-payment 14 Sub-total Hours 70 84 Sub-total rate*hours $5,950.00 $7,140.00 Monthly Total $13,090.00 Phase One Subtotal (3 months) $39,270.00 Non-Monthly Expenses: City Council Presentations(1) 5 5 Strategic Doing Session Non-payment 40 Sub-total Hours 5 45 Sub-total rate hours $425.00 $3,825.00 Phase One Non-monthly expenses $4,250.00 Phase One Total(3 months) $43,520.00 Phase Two Monthly Total $8,500.00 Phase Two Subtotal (4 months) $34,000.00 Final Recommendations $3,825.00 Phase Two Total $37,825.00 Total Total $81,345.00 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of May 2023, by and between the City of Iowa City, a municipal corporation(hereinafter, "the City"), and Think Peace, an initiative of the Mary Hoch Foundation Ltd., (hereinafter,"Consultants".) Whereas, on September 15, 2020, the Iowa City Council passed Resolution 20-228, establishing the Ad Hoc Truth and Reconciliation Commission(hereinafter, the"TRC"); and Whereas, that resolution called for the TRC"to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for dedicating and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter movement"; and Whereas, that resolution also indicated that"[tjhe TRC shall be facilitated by an independent consultant,funded by the City,with expertise in group facilitation and human rights, and to the extent possible, experience with diversity, implicit bias, mediation and conflict resolution, until such time as the TRC concludes by the favorable vote of at least three-fourths of all the members of the TRC(7/9)that facilitation is no longer needed."; and Whereas, Consultants possess said expertise, and are willing to contract with the City to assist the TRC in achieving their mandate; and Whereas, Consultants have proposed to perform the Scope of Services below in collaboration with several other consultants, and agree to do so. Now therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultants to provide services as set forth herein. I. SCOPE OF SERVICES Consultants agree to perform the following services for the City, and to do so in a timely and satisfactory manner. Consultants have proposed being part of a team with other consultants, all working to achieve the goals described in Iowa City Council Resolution 20-228. The collective scope of services of Consultants and the other consultants proposing and working as a team is attached as Exhibit"A" and incorporated herein by this reference. In the event of conflict between this Agreement and Exhibit A, this Agreement shall control. The Consultants are responsible for the scope of services assigned to "Think Peace" in Exhibit A. Additional Details: Consultants shall attend and participate in consultant coordination meetings that take place outside of TRC meetings. Consultants shall attend TRC meetings either in-person or remotely. Consultants will make a series of trips to Iowa City to assist in the work of the TRC. Those trips will include, but not be limited to, the following work: • First trip (three experts): Will implement a training seminar on key elements of transitional justice, including comparative experiences on other truth commissions, and steps to discharge the mandate of the Iowa City TRC in the areas of truth-seeking, fact-finding, and reconciliation. - 2- Section IV • Second trip (one expert): Develop the design and organization of TRC public events: this includes skills such as supporting the survivors'narratives, deep listening, restorative and healing practices,and trauma sensitivity training. • Trips three to five (one expert each): Will continue supporting the organization of TRC events and to accompany those events as they are implemented (for truth-telling, fact finding or reconciliation). In these trips Consultants will help synthesize the information and data that will be collected by the TRC. Deliverables: Consultants will prepare written products, including: • Educational materials for the training session • Memos on the organization of the TRC events, including a primer on conducting truth commission hearings. • A glossary on key concepts to be used in the process (about inter alia transitional justice, restorative justice, trauma healing, reconciliation, comparative experiences). II. TIME OF COMPLETION The Consultant shalt complete the following phases of the Project in accordance with the schedule shown. The facilitated services(hereinafter, the"Services')of the TRC are to commence upon a start date(hereinafter, "Start Date"),to be set by the TRC in collaboration with the Consultants and all other consultants involved. The Services shall be completed on the following schedule: 1. Phase One: No later than three(3)months from the Start Date. 2. Phase Two: No later than four(4) months following completion of Phase One. The completion date of each phase may, but is not required to, be extended by the TRC at the request of the Consultants. Any such extension must be approved in writing by the chair of the TRC. Any completion date extension shall not affect compensation paid to the Consultants for services rendered unless written approval is granted by the Iowa City Council. ill. COMPENSATION FOR SERVICES Consultants will charge monthly fees as contained in Exhibit"B", incorporated herein by this reference. Said fees shall not to exceed$86,086, plus travel expenses not to exceed $10,083.50, for a grand total not to exceed $96,169.50. Consultants may not exceed the figures above without written approval of a Change Order executed by City Council. Said fees include the hiring of a local facilitator("hereinafter, Local Facilitator")who will be hired by Consultants and paid by Consultant in accordance with Exhibit B. Local Facilitator's employment status shall be determined by Consultants. Local Facilitator shall in no way be considered an employee of the City. IV General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1, To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. -3- Section IV 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum"amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days'written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional affixed thereto as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. -4- Section IV M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. Q. Indemnification. 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub-consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. • P. Insurance 1. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultants negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a$1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause(endorsement)shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained 5 - Section IV and in full force and effect, and certificates of Insurance shall provide a minimum thirty(30)day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5)business days with a copy of the non-renewal or cancellation notice. Q. Standard of Care. 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City For the Consultants By / By: Antti Pentikainen Convener, Think Peace Learning and Support Hut Title: Mayor Title: Executive Drector.Mary Hoch Foundation Date: May 2. 20 Date: April 11th 2023 Approved by: • City Attorney's Office ExiiOrr O Proposal Summary This proposal is actually a set of four proposals from four different groups:Think Peace, Kearns and West, Three Native Partners, and the Healing Partners Team(Banjo Knits Empowerment, Astig Planning, and Mediation Services of Eastern Iowa). These are all being proposed together after several months of our groups collaborating and engaging with the TRC. We recognize that the skills and expertise of each group are interdependent and are necessary components to continue the important work of the TRC per Iowa City Council's Resolution No. 20-228. This proposal offers a community-led framework for moving at the speed of trust and building lasting and authentic relationships throughout the Truth and Reconciliation process. We seek an organic process that nurtures authenticity within the community while building our local capacity. Our teams prioritize intentional reflection and evaluation, which will provide the TRC and community partners an opportunity to improve processes/practices and gain clarity on the next phase or next steps. Phased Approach In order to co-create a framework and process that reflects intentionality, it is important to include more local partners and to have a phased approach from which to evaluate progress. We recognize that white culture normalizes and expects processes that are neat and tidy, and although this is a phased approach, we recognize from the outset that there is a lot of potential for overlap between phases that can occur and changes that will naturally arise. We propose a two-phased approach with evaluative breaks that will help determine the next strategic steps. It is our understanding that the Commission will continue working until December of 2024. Our scope and timeframe will remain the same and provide several months for the Commission to further investigate, create, and forge necessary pathways that are borne from the final recommendations. Our start date is contingent upon approval from the City Council and we are committed to starting as soon as possible. Expectations of the City& Commissioners In order to co-create a framework and process that reflects intentionality, it is also important to include suggested expectations of the City's involvement and support functions/tasks. Tasks may include, but are not limited to the following: Specific tasks include: e Facilitate Truth and Reconciliation Commission discussions and actions informing, confirming, and assessing truth-telling, fact-finding and reconciliation processes a Assist in the creation of meeting agendas, assist in keeping meetings moving forward in a productive manner and on time. • Coordinate operations of the four proposals alongside and informed by TRC, Think Peace, Kearns &West, Healing Partners, and Native Partners (e.g. host regular Team Meetings—virtual, email updates, and/or in-person); • Co-Facilitate Strategic Doing and follow-up alongside a Healing Partner(Astig Planning)to develop a strategic outline and tasks that guide the progress and work of the Commission; 1 • Co-Create Restorative Justice Practices with Native and Healing Partners; • Co-Facilitate Restorative Justice Practices with Native and Healing Partners; • Facilitate the onboarding of local partners, organizations, other entities that can bring value to the work as contractors (identified by The Team) as needed; • Facilitate:the identified local partners, organizations, contractors' initial/ongoing engagement within the Commission's work(e.g. connecting local databases and entities with data to fact-finding—Keams and West); • Coordinate logistics of identified local Truth and Reconciliation activities and events that are informed and implemented by respective Team members(e.g. Think Peace, Native Partners, Healing Partners, other local partners, organizations and/or contractors); • Report progress alongside The Team during evaluation aspects of phased approach (3 months and 4 months); • • Work with The Team, city staff and leadership to further the work of the Commission as the process unfolds. • Grant identification.Submission & Execution in order to find additional funding opportunities that will further the work of the commission. Our Scope We have followed the three charges that the TRC was given in Resolution No. 20-228: Truth- telling, Fact-Finding, and Reconciliation. We have allocated our collaborative efforts to create teams that correspond to each of these charges. Think Peace will lead the Truth-Telling Team, Kearns &West will lead the Fact-Finding Team, and the HealinglReconciliation Partners will lead the Reconciliation Team.We also see teams as groups that can be added to/modified, and encourage TRC Commission members, city staff, local partners, and community members to see themselves as part of those teams. Here is a general outline: • Phase One(3 Months) o Education (Truth-Telling Team)*** o Iowa Healing/Reconciliation Training &Strategic Planning! Doing Session (Reconciliation Team)*** o Begin Data Collection (Fact-Finding Team)*** o Recommendations for moving forward (TRC +All Teams) -----Presentation to City Council and Progress Evaluation------- • Phase Two(4 months) o Continuation of Fact-finding (Fact-finding Team)*** o Public Truth-telling! hearings!private interviews (Truth-Telling Team)*** o Hosting Iowa Circles & Strategic Planning/Doing Follow-up (Reconciliation Team)*** o Recommendations for moving forward (TRC +All Teams) -----Presentation to City Council and Progress Evaluation---- 2 First Phase(3 months) This first phase spans 3 months and focuses on education of different truth and reconciliation processes, defining fact-finding categories from which to collect data locally, and provides a strategic doing session to focus the work for the second phase. All teams will collaborate with the TRC and the TRC Coordinator to co-create recommendations for the second phase. • Think Peace: o Public Educational Training: introduce key elements regarding truth and reconciliation processes and trauma-informed perspectives. Comparison of truth commission experiences in the US and abroad. o Facilitated conversation post-training focused on options for next steps: based on the analysis of the mandate of the Iowa City TRC. o Offer guidance on how to structure TRC meetings, fact-finding events and process, truth-telling events, and reconciliation events • Keams & West: o First phase Fact Finding engagement during this phase will focus on facilitating the commission's design of the fact finding process. The specific process is likely to evolve throughout the assessment phase with discussion topics that could include defining fact finding areas and specific hypotheses, identifying a framework for data acceptability, and identifying data sources. o Strategic Advisor: Co-advising the commission and local consultant team on process design. Assuming includes participation in commission calls and standing consultant team coordinating calls. o Fact Finding Lead Commission Facilitator: In partnership with the Commission Coordinator, design agendas and facilitate commissions discussions informing, confirming, and assessing the fact finding process. o Fact Finding Data Liaison: Inform and track data requirements and any preliminary data collection. Develop a fact finding database. Support commission in developing materials and documentation as requested. • Native Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Healing/Reconciliation Partners o Assist in creating recommendations • Healing/Reconciliation Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Native Partners o Strategic Doing Session to facilitate coordinated action steps for the TRC Commission Members o Assist in creating recommendations ---Presentation to Council & Progress Evaluation--- 3 Second Phase(4 Months) This second phase spans four months and builds off of the first phase. Truth-telling and fact- finding will be a significant focus in this phase. All teams will collaborate with the TRC and the TRC Coordinator to co-create final recommendations that will be sent to the City Council. • Think Peace o Focus on truth-telling events, including meetings on R Types of public hearings:focused on cases, on types of situation or on institutions involved Assessment of different models of public hearings according to their focus: investigative or symbolic a Identification of criteria to select and invite participants to the public hearings at Preparation of a protocol for public hearings including roles for the commissioners, public, press and participants. « Kearns &West o Second phase Fact Finding activities will focus in two areas: A 1) Advancing data collection, aggregation, and directed-analysis as defined by the commission; and, w 2)facilitating commission discussions to analyze collected information and develop their findings. o Strategic Advisor: Engage across the consultant team and with the commission as appropriate on process iteration. Assumes participation in commission calls and standing consultant team coordinating calls. o Fact Finding Lead Facilitator: In partnership with the Commission Coordinator, design agendas and facilitate commissions discussions providing fact finding updates, exploring preliminary and iterative findings, and advancing the commission's development of findings and recommendations. a Fact Finding Data Liaison: Manage fact finding database. Support commission in developing fact finding reports. Specific role to be determined in assessment phase, and may include drafting the commission's report commission review and approval along with briefing presentations as requested. • Native Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Healing/Reconciliation Partners o Assist in creating final recommendations • Healing/Reconciliation Partners o Strategic Doing Follow up- Reaching pathfinder projects that build trust and community capacity. o Iowa Healing/Reconciliation Circle Co-creationfTraining with Native Partners o Assist in creating final recommendations ---Presentation to Council & Progress Evaluation & Final Recommendations-- 5 Total Cost — ,','"Phase Casts• „ • "• ""'"' 601111"U,7 Kearns Heating, 1 ":1..„1"„ Native' nity , Think- Think Keams • and " kiaaling• Partners Native Partite Community Resear Entitles Peaco*r. Peace% and West West% Partners - % Partners rs.% Researcher: _ cher Phitea.one Total(3.'rtionths) $190,410.98 ,$,.41,72I 6.60 21.65% S.67,647.00 35.53% '-$"43.52006 —212.86% ,$ 34,603.48 16.28% - 3,225.00. 1.69% 100.00% Second Phase Totai(4.Months) " $202310.22 64,654.06, 27;16% $ 72,813.50 3596% $37,825.00N 18.70% $ 15,642.72 7.73% $ 21,075.00 -10.42% 100.00% Third Phase Total(0 Month8.+1- — .• • ' - - - - • Totattwo-Phases(7 Months) '' ;$392;721.20.$96169150l 24.49% $.140,460.50 ,35.77% $61,345.00 ' 20.71% $ 50,446,20 12.65% S.24,300.00 6,1961;, 100,00% IJJlJUTO!1.4)PE , $402,721.20 in support-or other local groups that step 'forward throughou(the process Includes$2200 for Local Facilitator (part time) . - fit ,PEtArkillICIATP3gas rt.! w Think Peace(Truth Telling) Time allocation -monthly expenses(PER MONTH) Unit Cost Unit(montf Percentage Total Project manager and senior facilitator-Gonzalez $8,800.00 1 25% $2,200.00 Senior facilitator-Ragland $8,800.00 1 25% S2,200.00 Senior facilitator-Spaulding $8,800.00 1 25% $2,200.00 Senior facilitator- Rausch $8,800,00 1 10% $880.00 Senior facilitator- Pentikainen $8,800.00 1 10% $880.00 Program Associate- Kitchen $4,400.00 1 20% $880.00 Local facilitator $4,400.00 1 50% $2,200.00 Sub total time allocation $11,440.00 Overhead (7.5%) $858.00 Sub total time allocation with overhead $12,298.00 Travel expenses(PER TRIP) Unit Cost Unit Subtotal Air travel to Iowa City $700.00 1 $700.00 Hotel accommodation per night $100.00 4 $400.00 Perdiem $60,00 4 $240.00 Sub total time allocation $1,340.00 Overhead(7,5%) 0 $100.50 Sub total time allocation with overhead 0 $1,440.50 Monthly Total $13,738.50 Phase One Total $41,2166.50 Phase Two(4 Months) $54,964.00 Tv*t Total $96,16$.50 August 1 -November 1 (13 weeks) Total Hours Assumptions Liaison/ The Items below are reflective of a preliminary vision Role Coordinator for this role,focused on research, data colleciton,and Rate $50.00 Task 1:Team Coordination, Project Management,Strategic Consultation 1.a: Kickoff call(Phase 1 Kickoff Call with Client) 4 4 Participation in 90-minute meeting hosted by the City, Task 1 total hours 4 4 Task 1 total labor $200.00 5200.00 Total-Task 1 $200.00 Task 2:TRC Activities&Fact Finding Facilitation 2.c TRC Meeting Participation+ Planning, Facilitation, and 4.5 4.5 Includes Fact Finding Liaison role observing 3 Task 2 total hours 4.5 4.5 Task 2 total labor $225.00 $225.00 Total•Task 2 $225.00 Task 3: Fact-Finding Data Liaison 3.a Phase 1 Fact Finding Database Configuration 16 Includes database tool selection(e.g., teams/ 3.b Phase 1 Preliminary Fact Finding to inform/support 40 Assumes 16 hours across two months of preliminary Task 3 total hours 56 56 Task 3 total labor $2,800.00 $2,800.00 Total-Task 3 $2,000.00 Total Hours for all Tasks 64.5 64.5 Total Labor for all Tasks $3,225.00 $3,225.00 Total Labor $31225.00 GRAND TOTAL $3,225.00 $3,225.00 Phase Two $3,225.00 Rate $50.00 I I Task 1:Team Coordination,Project Management, Strat is Consultation 1.a: Kickoff call (Phase 2 Kickoff Call with Client) 1 4 4 Participation in Virtual 90-minute meeting hosted by the 1.b: Team Coordination &Project Management 18 18 Assumes 1 hour per week of team internal coordination Management 56 56 Assumes Fact Finding Liaison participating in project Task 1 total hours 78 78 Task 1 total labor $3,900.00 53,900.00, Total-Task 1 $3,900.00 Task 2: TRC Activities&Fact Finding Facilitation 2.a Fact Finding Process Updates &Management 12 12 Assumes coordinating with fact finding facilitator and 2.b TRC Meeting Participation + Planning, Facilitation,and 35.5 35.5 Includes participation in 7 TRC meetings at 2,5 hours Task 2 total hours 47.5 47.5 Task 2 total labor $2,375.00 $2,375.00 Total -Task 2 $2,375.00 Task 3:Fact-Finding Data Liaison 3.a Phase 2 Fact Finding Database Management [ 16 Includes database tool selection (e.g_, teams/ 3.b Phase 2 Fact Finding Coordination /Fact Collection 280 Assumes 20 hours per week for 10 weeks for Fact Task 3 total hours 296 296 Task 3 total labor $14,800.00 $14,800.00 Total -Task 3 $14,800.00 Total Hours for all Tasks 421.5 421.5 Total Labor for all Tasks $21,075.00 $21,675.00 Total Labor $21,075.00 GRAND TOTAL $21,075.00 $21,075.00 Total Total S24,300.00 Total at an estimated $50/hour $21,075.00 Kearns and West(Fact Finding) August 1 -November 1(13 weeks) labor hours Assumptions Role Principal Sr Facilitator Associate Rate $ 295.00 $205.00 ' $150,00 Task 1:Team Coordination, Project Management,Strategic Consultation with Client) 0 4 0 4 Virtual 90-minute meeting hosted by the City, Management 2 19 — 19 40 Assumes 1 hour per week of K&W team internal 1.c: Background Research 0 12 12 24 Background research(including reviewing Iowa Adaptive Management 0 —, 52 52 104.Assumes prep,participation, and follow up for 1GTanagement&Recommendations for 0 8 0 -8 Assumes 8 hours of consultation on Task 1 total hours 2 95 93 180 Task 1 total labor $570.00 $19,475.00 $12,450.00 $32,495.00 Total-Task 1 $32,495.00 Task 2:TRC Activities&Fact Finding Facilitation 2.a Fact Finding Process Design & 1 8 12 21 Preparing a process diagram of the fact finding Briefing process including key decision points and benchmark activities. Briefing to be delivered as Fact Finding process"kick off'during TRG 2.b Fact Finding Scope&Work Plan 1 16 l 24 41 Following TRC input,develop Fact Finding charter/work plan outlining key questions for the TRC to confirm to scope and inform Fact Finding research.This document will be updated on a rolling basis and will be the final deliverable from the Phase 1 Fact Finding activities.Will include defining scope of Fact finding, 2.c TRC Meeting Participation + 0 35.5 35.5 71 Includes participation in 7 TRC meetings at 2.5 Planning, Facilitation,and Summary of hours per meeting(every other week, including Meetings or Meeting Segmentd pre-meeting team coordination and post-meeting dedicated to Fact Finding scoping. real time debrief as needed.)Includes more robust support for Fact Finding agendas/topics, assuming an additional 6 hours of time for each of 3 meetings-heavier support includes additional meeting prep time for agendas, facilitation plans, faciliation,and summary of Task 2 total hours 2 59.5 71.5 133 Task 2 total labor $570.00 $12,197.50 $10,725.00 $23,492.50 Total-Task 2 $23,492.50 Total Hours for all Tasks 4 154.5 154.5 313 'Total Labor for all Tasks $1,140.00 $31,672.50 $23,175.00 $55,907.50 Total Labor �_ $55,987.50 Travel Airfare to Iowa City $ - $ 350.00 $ 350.00 $ 700.00 Hotel(2 nights) $ $ 192.00 S 192.00 $ 384.00 Per Diem(meals/incidentals) S - S 147.50 S 147.50 _ $ 295.00 Travel time(billed at 50%of total) S - $ 1,332.50 $ 975.00 $ 2,307.50 Other Direct Costs $ 200.00 $ 200.00 Travel total for ail Tasks $ - $ 2,222.00 $ 1,664.50 $ 3,886.50 Total Travel Costs $ - $ 6,666.00 $ 4,993.50 $ 11,659.50 Assumes three trips for face-to-face GRAND TOTAL $1,140.00 $38,338.50 $28,168.50 $67,647.00 Phase Two Principal Sr Facilitator Associate Rate $ 285.00 $205.00 $150.00 Task 1:Team Coordination,Project Management,Strategic Consultation With Client) 0 4 0 4 Virtual 90-minute meeting hosted by the City, Management 2 _ 22 22 46{Assumes 1 hour per week of K&W team internal 1.c: Background Research 0 16 4 20{Background research(including reviewing Iowa Adaptive Management 0 56 56 1 Assumes prep, participation, and follow up for Management&Recommendations for 0 36 4 40 Assumes 8 hours of consultation on Task 1 total hours 2 134 86 272 Task 1 total labor $570.00 $27,470.00 $12,900.00 $40,940.00 Total-Task 1 $40,940.00 Task 2:TRC Activities&Fact Finding Facilitation 2.a Fact Finding Process Updates& 1 8 1 12 J 21 Updating Fact Finding Scoping!Work Plan to 2.b TRC Meeting Participation+ 0 35.5 35.5 71 Includes participation in 7 TRC meetings at 2.5 Planning, Facilitation,and Summary of hours per meeting(every other week, including Meetings or Meeting Segmentd pre-meeting team coordination and post-meeting dedicated to Fact Finding soaping. real time debrief as needed.) Includes more robust support for Fact Finding agendasitopics, assuming an additional 6 hours of time for each of 3 meetings-heavier support includes additional meeting prep time for agendas, facilitation plans,faciliation, and summary of Task 2 total hours 1 43.5 47.5 92 Task 2 total tabor $285.00 $8,917.50 $7,125.00 $16,327.50 Total-Task 2 $16,327.50 Total Hours for all Tasks 3 177.5 133.5 314 Total Labor for all Tasks $855.00 $36,387.50 $20,025.00 $57,267.50 Total Labor $57,267.50 Travel Airfare to Iowa City $ • $ 350.00 $ 350.00 $ 700.00 • Hotel(2 nights) $ . $ 192.00 $ 192.00 $ 384.00 Per Diem (mealslincidentals) $ - $ 147.50 S 147.50 $ 295.00 travel time(billed at 50%of total) $ - $ 1,332.50 $ 975.00 $ 2,307.50 Other Direct Costs $ 200.00 $ 200.00 Travel total for all Tasks $ - $ 2,222.00 $ 1,664.50 $ 3,886.50 Total Travel Costs .., $ - S 8,888.00 S 6 658.00 $ 15,546.00 Assumes four trips for face-to-face GRAND TOTAL $855.00 $45,275.50 526,683.00 572,813.50, Total Total $140,460.50 Native Partners Menage LaMere Terry Medina Donielle wanatee S125.00 $125.00 $125.00 Iowa Healing/Reconciliation Circle Co-creation/Training 30 30 Internal Meetings/Coordination meetings 20 20 20 TRC Meetings 25 25 25 Sub-total Hours 75 75 75 Sub-total rate hours $9,375.00 $9,375.00 $9.375.00 Travel Reimbursement per City Sioux City Sioux City Des Moines Federal Highway travel rate ($0.655imile) Subtotal per Trip $381.21 $381.21 157.2 Travel Reimbursement Total(4 Trips) $1,524.84 $1,524.84 $628.80 City Council&TRC Presentation on Iowa from Native American perspective(Hours) 5 5 5 City Council &TRC Presentation on Iowa from Native American perspective(Total) $625.00 $625.00 $625.00 City Council Presentation with consultant team (Hours) 3 3 3 City Council Presentation with consultant team (Total) $375.00 $375.00 $375.00 Phase One Subtotals $11,899.84 $11,899.84 $11,00380 Phase-One Total Combined S34,803.48 City Council Presentation with consultant team (Hours) 3 3 3 City Council Presentation with consultant team(Total) $375.00 $375,00 $375.00 Final Recommendations Hours 10 10 10 Final Recommendations Total $1,250.00 $1,250.00 $1,250.00 Phase Two initial training sessions with TRC (Hours for two weeks) 6 6 6 Phase Two initial training sessions with TRC (Total) S750.00 $750.00 $750.00 Phase Two Community Training (Hours for four weeks) 8 8 8 Phase Two Community Training (Total for four weeks) $1,000.00 $1,000.00 $1,000.00 Travel Reimbursement per City Sioux City Sioux City Des Moines Federal Highway travel rate ($0.655/mile) Subtotal per Trip $381.21 $381.21 157.2 Travel Reimbursement Total(6 Trips) $2,287.26 $2,287.26 $943.20 community members in the Talking Circle Deliverable outlined in the contract.This encompasses 2 initial TRC sessions that are 3 hours each over the course of two weeks; Phase Two Subotal with and 1 session per week for four weeks to train community Recommendations & members.This estimate may change depending on the Presentations $5,662.26 $5,662.26 $4,318.20 community's desire to be trained in this practice. Phase Two Total Combined $15,642.72 Total Phase One&Phase Two $50,446.20 AT VFO Healing Partners(Reconciliation) $85.00 $85.00 Iowa Healing/Reconciliation Circle Co- creationlTraining 20 20 Internal Meetings 20 20 Facilitation with Community Healing Partners 30 30 TRC Meetings •Non-payment 14 Sub-total Hours 70 84 Sub-total rate*hours $5,950.00 $7,140.00 Monthly Total $13,090.00 Phase One Subtotal (3 months) $39,270.00 Non-Monthly Expenses: City Council Presentations (1) 5 5 Strategic Doing Session Non-payment 40 Sub-total Hours 5 45 Sub-total rate*hours $425.00 $3,825.00 Phase One Non-monthly expenses $4,250.00 Phase One Total (3 months) $43,520.00 Phase Two Monthly Total $8,500.00 Phase Two Subtotal (4 months) $34,000,00 Final Recommendations $3,825.00 Phase Two Total $37,825.00 Total Total $81,345.00 CONSULTANT AGREEMENT THIS AGREEMENT,,made and entered into this 2nd day of May_ 2023; by and between the.City of Iowa.City,a municipal corporation(hereinafter,"the City");and Manape LaMere,Terry Medina, and Donnielle VVanatee of Three Native Partners,but signing in their individual capacities, (hereinafter,"Consultants") Whereas, on September 15, 2020,the Iowa City Council passed Resolution 20-228,establishing the Ad Hoc Truth and:Reconciliation Commission(hereinafter, the"TRC");and Whereas,that resolution called for the TRC"to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice,through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for dedicating and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter movement';and Whereas, that resolution also indicated that"[t]he TRC shall be facilitated by an independent consultant,funded by the City,with expertise in group facilitation and human rights,and to the extent possible,experience with diversity, implicit bias;mediation and conflict resolution,Until such time as the TRC concludes by the favorable vote of at least three-fourths of all the members of the TRC(7/9)that facilitation is no longer needed.";and Whereas, Consultants possess said expertise,and are willing to contract with the City to assist the TRC in achieving their mandate; and Whereas, Consultants have proposed to perform the Scope of Services below in collaboration with several other consultants,and agree to do so. Now therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultants to provide services as set forth herein. I, SCOPE OF SERVICES Consultants agree to perform the following services for the City, and to do so in a timely and satisfactory manner. Consultants have proposed being part of a team with other consultants,all working to achieve the goals described in Iowa City Council Resolution 20-228. The collective scope of services of Consultants and the other consultants proposing and working as a team is attached as Exhibit'W and incorporated herein by this reference. In the event of conflict between this Agreement and Exhibit A,this Agreement shall control: The Consultants are responsible for the scope of services assigned to"Native Partners"in Exhibit A. Deliverables: Consultants will be providing written guidance for providing talking circles.The guidance will be based on circles Consultants will be offering to the community,as the TRC requests.This guidance can be used in teaching local community members to provide circles ongoingly, so people in the community and the community itself benefit from experiencing circles. II. TIME OF COMPLETION -2- Section IV The Consultant shall complete the following phases of the Project in accordance with the schedule shown. The facilitated services(hereinafter,the"Services")of the TRC are to commence upon a start date(hereinafter,"Start Date"),to be set by the TRC in collaboration with the Consultants and all other consultants involved. The Services shall be completed on the following schedule: 1. Phase One: No later than three(3)months from the Start Date. 2. Phase Two: No later than four(4)months following completion of Phase One. The completion date of each phase may, but is not required to, be extended by the TRC at the request of the Consultants. Any such extension must be approved in writing by the chair of the TRC. Any completion date extension shall not affect compensation paid to the Consultants for services rendered unless written approval is granted by the Iowa City Council. Ill. COMPENSATION FOR SERVICES Consultants will charge an hourly rate of$125 per partner for their Services. For Phase One Services,total hourly compensation for each Consultant shall not exceed$10,375.00, or a lump sum of$31,125.00 for all three Consultants. For Phase Two Services,total hourly compensation for each Consultant shall not exceed$3,375.00, or a lump sum of$10,125.00 for all three Consultants. In addition, Consultants shall be reimbursed for their mileage to and from Iowa City at the federal reimbursement rate, not to exceed a total of$3,678.48 for all Phase One Services and an additional$5,517.72 for all Phase Two Services reimbursement,for all three Consultants. Consultants shall not bill for their travel time. As part of their Phase Two work, Consultants shall produce their Final Recommendations,which shall be delivered in a formal,written form. Consultants may not exceed the figures above without written approval of a Change Order executed by City Council. Because Consultants are three individuals, not a separate legal entity,each Consultant shall produce hourly records and travel reimbursement documentation so the City knows the compensation amount to be paid to each Consultant. IV General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion,sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement,the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the"lump sum"amount listed in Section III. The City may terminate this Agreement upon seven(7)calendar days'written notice to the Consultant. -3_ Section IV C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state,federal, or local law or any of the ordinances of the City of Iowa City; Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost,and without restrictions or limitation as to the use relative to specific projects covered under this Agreement In such event,the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications,and drawings with the seal of a licensed professional affixed thereto as requited by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to property complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement,Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City,and certifies that no employee or officer of the City,which includes members of the City Council and City boards and commissions,has an interest, either direct or indirect, in this Agreement,that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. -4- Section IV O. Indemnification. 1, To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss,expenses, including attomey's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts,errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless,,or defend the City against lability, claims, damages, losses,or expenses, including attorney fees,to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant"means and includes the Consultant, its officers, agents, employees, sub-consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members,employees, and volunteers. P. Insurance 1. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate,or a$1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause(endorsement)shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect,and certificates of Insurance shall provide a minimum thirty(30)day endeavor to notify,when available by Consultant's insurer. If the Consultant receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein,or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five(5)business days with a copy of the non-renewal or cancellation notice. Q. Standard of Care. -5- Section IV 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement.The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals,practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application;shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa-. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City For the Consultants By: By: Manape LaMere Title: Date: ,2023 Date: By: Terry Medina Approved by: Date: .2023 City Attorney's Office By: DonniellUVanatee Date Date: April 18th, ,2023 -5- Section IV 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement.The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultants obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City �_ For the Consul �� By: By: Manape LaMere Title: Mayer Date: 4/18/23 ,2023 Date: May 2, 2023 ��� By: Terry Medina .-;______•„.... Approved by' Date: 4/18/23 .2023 City Attorney's O,ce By: r7,/( Y�s Donnielle Wanatee Date Date: ,2023 $ EXBIT Proposal Summary - -- This proposal is actually a set of four proposals from four different groups:Think Peace, Kearns and West, Three Native Partners, and the Healing Partners Team (Banjo Knits Empowerment,Astig Planning, and Mediation Services of Eastern Iowa).These are all being proposed together after several months of our groups collaborating and engaging with the TRC. We recognize that the skills and expertise of each group are interdependent and are necessary components to continue the important work of the TRC per Iowa City Council's Resolution No. 20-228. This proposal offers a community-led framework for moving at the speed of trust and building lasting and authentic relationships throughout the Truth and Reconciliation process. We seek an organic process that nurtures authenticity within the community while building our local capacity. Our teams prioritize intentional reflection and evaluation, which will provide the TRC and community partners an opportunity to improve processes/practices and gain clarity on the next phase or next steps. Phased Approach In order to co-create a framework and process that reflects intentionality, it is important to include more local partners and to have a phased approach from which to evaluate progress. We recognize that white culture normalizes and expects processes that are neat and tidy, and although this is a phased approach,we recognize from the outset that there is a lot of potential for overlap between phases that can occur and changes that will naturally arise. We propose a two-phased approach with evaluative breaks that will help determine the next strategic steps. It is our understanding that the Commission will continue working until December of 2024. Our scope and timeframe will remain the same and provide several months for the Commission to further investigate, create, and forge necessary pathways that are borne from the final recommendations. Our start date is contingent upon approval from the City Council and we are committed to starting as soon as possible. Expectations of the City&Commissioners In order to co-create a framework and process that reflects intentionality, it is also important to include suggested expectations of the City's involvement and support functions/tasks. Tasks may include, but are not limited to the following: Specific tasks include: • Facilitate Truth and Reconciliation Commission discussions and actions informing, confirming, and assessing truth-telling,fact-finding and reconciliation processes o Assist in the creation of meeting agendas, assist in keeping meetings moving forward in a productive manner and on time. o Coordinate operations of the four proposals alongside and informed by TRC, Think Peace, Kearns &West, Healing Partners, and Native Partners(e.g. host regular Team Meetings—virtual, email updates, and/or in-person); e Co-Facilitate Strategic Doing and follow-up alongside a Healing Partner(Astig Planning)to develop a strategic outline and tasks that guide the progress and work of the Commission; 1 • Co-Create Restorative Justice Practices with Native and Healing Partners; • Co-Facilitate Restorative Justice Practices with Native and Healing Partners; o Facilitate the onboarding of local partners, organizations, other entities that can bring value to the work as contractors(identified by The Team)as needed; © Facilitate the identified local partners, organizations, contractors' initial/ongoing engagement within the Commission's work(e.g. connecting local databases and entities with data to fact-finding—Kearns and West); o Coordinate logistics of identified local Truth and Reconciliation activities and events that are informed and implemented by respective Team members(e.g.Think Peace, Native Partners, Healing Partners, other local partners,organizations and/or contractors); • Report progress alongside The Team during evaluation aspects of phased approach (3 months and 4 months); a Work with The Team, city staff and leadership to further the work of the Commission as the process unfolds. o Grant Identification, Submission&Execution in order to find additional funding opportunities that will further the work of the commission. Our Scope We have followed the three charges that the TRC was given in Resolution No. 20-228: Truth- telling, Fact-Finding,and Reconciliation.We have allocated our collaborative efforts to create teams that correspond to each of these charges. Think Peace will lead the Truth-Telling Team, Kearns &West will lead the Fact-Finding Team, and the Healing/Reconciliation Partners will lead the Reconciliation Team.We also see teams as groups that can be added to/modified, and encourage TRC Commission members, city staff, local partners, and community members to see themselves as part of those teams. Here is a general outline: a Phase One(3 Months) o Education (Truth-Telling Team)*** o Iowa Healing/Reconciliation Training & Strategic Planning/Doing Session (Reconciliation Team)*"" o Begin Data Collection(Fact-Finding Team)*** o Recommendations for moving forward (TRC+All Teams) ---Presentation to City Council and Progress Evaluation - o Phase Two (4 months) o Continuation of Fact-finding (Fact-finding Team)*"* o Public Truth-telling/hearings/private interviews(Truth-Telling Team)*** o Hosting Iowa Circles &Strategic Planning/Doing Follow-up (Reconciliation Team)*** o Recommendations for moving forward (TRC+All Teams) ---Presentation to City Council and Progress Evaluation---- 2 First Phase (3 months) This first phase spans 3 months and focuses on education of different truth and reconciliation processes, defining fact-finding categories from which to collect data locally, and provides a strategic doing session to focus the work for the second phase.All teams will collaborate with the TRC and the TRC Coordinator to co-create recommendations for the second phase. • Think Peace: o Public Educational Training: introduce key elements regarding truth and reconciliation processes and trauma-informed perspectives. Comparison of truth commission experiences in the US and abroad. o Facilitated conversation post-training focused on options for next steps: based on the analysis of the mandate of the Iowa City TRC. o Offer guidance on how to structure TRC meetings,fact-finding events and process, truth-telling events, and reconciliation events o Kearns &West: o First phase Fact Finding engagement during this phase will focus on facilitating the commission's design of the fact finding process.The specific process is likely to evolve throughout the assessment phase with discussion topics that could include defining fact finding areas and specific hypotheses, identifying a framework for data acceptability, and identifying data sources. o Strategic Advisor: Co-advising the commission and local consultant team on process design. Assuming includes participation in commission calls and standing consultant team coordinating calls. o Fact Finding Lead Commission Facilitator: In partnership with the Commission Coordinator, design agendas and facilitate commissions discussions informing, confirming, and assessing the fact finding process. o Fact Finding Data Liaison: Inform and track data requirements and any preliminary data collection. Develop a fact finding database. Support commission in developing materials and documentation as requested. a Native Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Healing/Reconciliation Partners o Assist in creating recommendations o Healing/Reconciliation Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Native Partners o Strategic Doing Session to facilitate coordinated action steps for the TRC Commission Members o Assist in creating recommendations --Presentation to Council & Progress Evaluation--- 3 Second Phase (4 Months) This second phase spans four months and builds off of the first phase. Truth-telling and fact- finding will be a significant focus in this phase.All teams will collaborate with the TRC and the TRC Coordinator to co-create final recommendations that will be sent to the City Council. • Think Peace o Focus on truth-telling events, including meetings on a Types of public hearings:focused on cases, on types of situation or on institutions involved a Assessment of different models of public hearings according to their focus: investigative or symbolic a Identification of criteria to select and invite participants to the public hearings s Preparation of a protocol for public hearings including roles for the commissioners, public, press and participants. e Kearns &West o Second phase Fact Finding activities will focus in two areas: a 1)Advancing data collection, aggregation, and directed-analysis as defined by the commission; and, si 2)facilitating commission discussions to analyze collected information and develop their findings. o Strategic Advisor: Engage across the consultant team and with the commission as appropriate on process iteration.Assumes participation in commission calls and standing consultant team coordinating calls. o Fact Finding Lead Facilitator: In partnership with the Commission Coordinator, design agendas and facilitate commissions discussions providing fact finding updates, exploring preliminary and iterative findings, and advancing the commission's development of findings and recommendations. o Fact Finding Data Liaison: Manage fact finding database. Support commission in developing fact finding reports. Specific role to be determined in assessment phase, and may include drafting the commission's report commission review and approval along with briefing presentations as requested. o Native Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Healing/Reconciliation Partners o Assist in creating final recommendations e Healing/Reconciliation Partners o Strategic Doing Follow up-Reaching pathfinder projects that build trust and community capacity. o Iowa Healing/Reconciliation Circle Co-creation(fraining with Native Partners o Assist in creating final recommendations —Presentation to Council & Progress Evaluation& Final Recommendations— , 5 Total Cost Phase Costs t,ommu Keams Healing Native nity Think Think Kearns ,and Heating Partners Native Partne Community Resear Entities Peace' Peace% and West West% Partners % _Partners rs% Researcher cher% Total Y. Phase One Total(3 months) $190,410.98,$41,215.50 21.66% $ 87,647.00 35.53% S 43,620.00 22.88% $ 34,803.48 18.28% $ 3,225.00 1.89% 100.00% Second Phase Total(4 Months) $202,310.22 $64,964.00 27.18% $ 72,813.50 35.99% $37,825.00 18.70% $ 15,642.72 7.73% $ 21,075.00 10.42% 100.00% Third Phase Total 6 Months+) "total Two-Phases(7 Months) $392,721.20$96,189.60 24.49% $140,480.60 35.77% $81,345.00 20.71%_$ 50,448.20 12.85% $ 24.300.00 6.19% 100.00% bTU,Utfu tor Local broups $402,72120 in support of other local groups that step forward throughout the process *Includes$2200 for Local Facilitator (part time) omminionia PENGAS e00-631.O9t9 ITC W •INO Think Peace(Truth Telling) Time allocation-monthly expenses(PER MONTH) Unit Cost Unit(montt Percentage Total Project manager and senior facilitator-Gonzalez $8,800.00 1 25% $2,200.00 Senior facilitator-Ragland $8,800.00 1 25% $2,200.00 Senior facilitator-Spaulding $8,800.00 1 25% $2,200.00 Senior facilitator-Rausch $8,800.00 1 10% $880.00 Senior facilitator-Pentikainen $8,800.00 1 10% $880.00 Program Associate-Kitchen $4,400.00 1 20% $880.00 Local facilitator $4,400.00 1 50% $2,200.00 Sub total time allocation $11,440.00 Overhead(7.5%) $858.00 Sub total time allocation with overhead $12,298.00 Travel expenses(PER TRIP) Unit Cost Unit Subtotal Air travel to Iowa City $700.00 1 $700.00 Hotel accommodation per night $100.00 4 $400.00 Perdiem $60.00 4 $240.00 Sub total time allocation $1,340.00 Overhead (7.5%) 0 $100.50 Sub total time allocation with overhead 0 $1,440.50 Monthly Total $13,738.50 Phase One Total $41,215.50 Phase Two(4 Months) $54,954.00 Total Total $9.6,169.50 August 1-November 1(13 weeks) Total Hours Assumptions Liaison/ The items below are reflective of a preliminary vision Role Coordinator for this role,focused on research,data colleciton,and Rate $50.00 Task 1:Team Coordination,Project Management,Strat • is Consultation 1.a: Kickoff call(Phase 1 Kickoff Call with Client) 4 4 Participation in 90-minute meeting hosted by the City, Task 1 total hours 4 4 Task 1 total labor $200.00 $200.00 Total-Task 1 $200.00 Task 2:TRC Activities&Fact Finding Facilitation 2.c TRC Meeting Participation+Planning, Facilitation, and 4.5 4.5 Includes Fact Finding Liaison role observing 3 Task 2 total hours 4.5 4.5 Task 2 total labor $225.00 $225.00 Total-Task 2 $225.00 Task 3: Fact-.Finding Data Liaison 3.a Phase 1 Fact Finding Database Configuration 16 Includes database tool selection (e.g.,teams/ 3.b Phase 1 Preliminary Fact Finding to inform/support 40 Assumes 16 hours across two months of preliminary Task 3 total hours 56 56 Task 3 total labor $2,800.00 $2,800.00 Total-Task 3 $2,800.00 Total Hours for all Tasks 64.5 64.5 Total Labor for all Tasks $3,225.00 $3,225.00 Total Labor $3,225.00 GRAND TOTAL, $3,225.00 $3,225.00 Phase Two $3,225.00 Rate $50.00 Task 1:Team Coordination, Project Management, Strategic Consultation 1.a: Kickoff call(Phase 2 Kickoff Call with Client) 4 4 Participation in Virtual 90-minute meeting hosted by the 1.b: Team Coordination&Project Management 18 18 Assumes 1 hour per week of team internal coordination Management 56 56 Assumes Fact Finding Liaison participating in project Task 1 total hours 78 78 Task 1 total labor $3,900.00 $3,900.00 Total-Task 1 $3,900.00 Task 2:TRC Activities&Fact Finding Facilitation 2.a Fact Finding Process Updates&Management 12 12 Assumes coordinating with fact finding facilitator and 2.b TRC Meeting Participation+ Planning, Facilitation, and 35.5 35.5 Includes participation in 7 TRC meetings at 2.5 hours Task 2 total hours 47.5 47.5 Task 2 total labor $2,375.00 $2,375.00 Total-Task 2 $2,375.00 Task 3:fact-Finding Data Liaison _ 3.a Phase 2 Fact Finding Database Management 16 includes database tool selection(e.g., teams/ 3.b Phase 2 Fact Finding Coordination/Fact Collection 280 Assumes 20 hours per week for 10 weeks for Fact Task 3 total hours 296 296 Task 3 total labor $14,800.00 $14,800.00 Total-Task 3 $14,800.00 Total Hours for all Tasks 421.5 421.5 Total Labor for all Tasks $21,075.00 $21,075.00, Total Labor $21,075.00 GRAND TOTAL $21,075.00j $21,075.00 Total Tot.}l $24,300.00 Total at an estimated$50/hour $21,075.00 Kearns and West(Fact Finding) August 1 -November 1(13 weeks) labor hours Assumptions Role Principal Sr Facilitator Associate Rate $ 285.00 , $205.00 $150.00 Task 1t Team Coordination,Project Management,Strategic Consultation with Client) 0 4 0 4 Virtual 90-minute meeting hosted by the City, "Management 2 19 19 40.Assumes 1 hour per week of K&W team internal 1.c:Background Research 0 12 12 24 Background research(including reviewing Iowa Adaptive Management 0 52 52 104 Assumes prep,participation,and follow up for Management&Recommendations for 0 8 0 8 Assumes 8 hours of consultation on Task 1 total hours 2 95 83 180 Task 1 total labor $570.00 $19,475.00 $12,450.00 $32,495.00 Total•Task 1 $32,495.00 Task 2:TRC Activltles&Fact Finding Facilitation 2.a Fact Finding Process Design& 1 8 12 21 Preparing a process diagram of the fact finding Briefing process including key decision points and benchmark activities. Briefing to be delivered as Fact Finding process"kick off'during TRC 2.b Fact Finding Scope&Work Plan 1 16 24 41 Following TRC input,develop Fact Finding charter l work plan outlining key questions for the TRC to confirm to scope and inform Fact Finding research.This document will be updated on a rolling basis and will be the final deliverable from the Phase 1 Fact Finding activities.Will include defining scope of Fact finding, 2.c TRC Meeting Participation+ 0 35.5 35.5 71 Includes participation in 7 TRC meetings at 2.5 Planning,Facilitation,and Summary of hours per meeting (every other week,including Meetings or Meeting Segmentd pre-meeting team coordination and post-meeting dedicated to Fact Finding scoping. real time debrief as needed.)Includes more robust support for Fact Finding agendas/topics, assuming an additional 6 hours of time for each of 3 meetings-heavier support includes additional meeting prep time for agendas, facilitation plans,faciliation, and summary of Task 2 total hours 2 59.5 71.5 133 Task 2 total labor $570.00 $12,197.50 $10,725.00 $23,492.50 Total•Task 2 $23,492.50 Total Hours for all Tasks 4 154.5 154,5 313 Total Labor for all Tasks $1,140.00 $31,672.50 $23,175.00 $55,987.50 Total Labor $55,987.50 Travel Airfare to Iowa City $ - $ 350.00 $ 350.00 $ 700.00 Hotel(2 nights) $ - $ 192.00 $ 192.00 $ 384.00 Per Diem(meals/incidentals) $ - $ 147.50 $ 147.50 $ 295.00 Travel time(billed at 50%of total) $ - $ 1,332.50 $ 975.00 $ 2,307.50 Other Direct Costs $ 200.00 $ 200.00 Travel total for all Tasks $ • $ 2,222.00 $ 1,664.50 $ 3,886.50 Total Travel Costs $ - $ 6,666.00 $ 4,993.50 $ 11,659.50 Assumes three trips for face-to-face GRAND TOTAL $1,140.00 $38,338.50 $28,168.50 $67,647.00 Phase Two Principal Sr Facilitator Associate Rate $ 285.00 $205.00 $150.00 Task 1.:Team Coordination, Project Management,Strategic Consultation with Client) 0 4 0 4 Virtual 90-minute meeting hosted by the City, Management 2 22 22 46 Assumes 1 hour per week of K&W team internal 1.c: Background Research 0 16 4 20 Background research(including reviewing Iowa Adaptive Management 0 56 56 112 Assumes prep, participation, and follow up for Management&Recommendations for 0 36 4 40 Assumes 8 hours of consultation on Task 1 total hours 2 134 86 222 Task 1 total labor $570.00 $27,470.00 $12,900.00 $40,940.00 Total-Task 1 $40,940.00 Task 2:TRC Activities&Fact Finding Facilitation y 2.a Fact Finding Process Updates& 1 8 12 21 Updating Fact Finding Scoping/Work Plan to 2.b TRC Meeting Participation+ 0 35.5 35.5 71 Includes participation in 7 TRC meetings at 2.5 Planning,Facilitation,and Summary of hours per meeting(every other week, including Meetings or Meeting Segmentd pre-meeting team coordination and post-meeting dedicated to Fact Finding scoping. real time debrief as needed.)Includes more robust support for Fact Finding agendas/topics, assuming an additional 6 hours of time for each of 3 meetings-heavier support includes additional meeting prep time for agendas, facilitation plans,faciliation,and summary of Task 2 total hours 1 43.5 47.5 92 Task 2 total labor $285.00 $8,917.50 $7,125.00 $16,327.50 Total-Task 2 $16,327.50 Total Hours for all Tasks 3 177.5 133.5 314 Total Labor for all Tasks $855.00 $36,387.50 $20,025.00 $57,267.50 Total Labor $57,267.50 Travel Airfare to Iowa City $ - $ 350.00 $ 350.00 $ 700.00 Hotel(2 nights) _ $ - $ 192.00 $ 192.00$ 384.00 Per Diem(meals/incidentals) $ - $ 147.50 i $ 147.50 $ 295.00 Travel time(billed at 50%of total) $ - $ 1,332.50 $ 975.00 $ 2,307.50 Other Direct Costs $ 200.00 $ 200.00 Travel total for all Tasks $ - $ 2,222,00 $ 1,664.50 $ 3,886.50� Total Travel Costs $ $ 8,888.00 $ 6,658.00 $ 15,546,00 Assumes four trips for face-to-face GRAND TOTAL $855.00' $45,275.50 $26,683.00 $72,813.50 Total Total $140,460.50. Native Partners Menape LaMere Terry Medina Donielle Wanatee $125.00 $125.00 $125.00 Iowa Healing/Reconciliation Circle Co-creation/Training 30 30 30 Internal Meetings/Coordination meetings 20 20 20 TRC Meetings 25; 25 25 Sub-total Hours 75 75 75 Sub-total rate'hours $9,375 00 $9,375.00 $9.375.00 Travel Reimbursement per City Sioux City Sioux City Des Moines Federal Highway travel rate ($0 655/mile) Subtotal per Trip $381.21 $381.21 15t.2 Travel Reimbursement Total(4 Trips) $1,524.84 $1,524.84 $628.80 City Council 8,TRC Presentation on Iowa from Native American perspective(Hours) 5 5 City Council&TRC Presentation on Iowa from Native American perspective(Total) $625.00 $625.00 $625,00 City Council Presentation with consultant team (Hours) 3 3 3 City Council Presentation with consultant team (Total) $375.00 $375.00 $375.00 Phase One Subtotals 511,899.84 $11,899.84 $11,003.80 Phase..One Total Combined $34,803.48 City Council Presentation with consultant team (Hours) 3 3 3 C:tt Council Presentation with consultant tearn(Total) 74 04 $376.00 $1375:fill Final Recommendations Hours 10 10 10 Final Recommendations To:.+I $1,,n0.Q0 $1,250.O0 S1,250.00 Phase Two initial training sessions with TRC(Hours for two weeks) 6 6 6 Phase Two initial ttrairiinct session_, • with TRC(Total) $750.00 $750:00 $750.00 Phase Two Community Training (Hours for four weeks) 8 8 8 Phase Two Community Training (Total for four weeks) $1,000.00 $1,000.00 $1,000.00 Travel Reimbursement per City Sioux City Sioux City Des Moines Federal Highway travel rate ($0.655lmile)Subtotal per Trip $381.21 $381.21 157.2 T,;,I vet.Reimbursement Total(6 Trips) $2,287.26 52,287.26 $943.20 community members in the Talking Circle Deliverable outlined in the contract.This encompasses 2 initial TRC sessions that are 3 hours each over the course of two weeks; Phase Two Subotai with and 1 session per week for four weeks to train community Recommendations& members.This estimate may change depending on the Presentations $5,662.26 $5,662.26 $4,318.20 community's desire to be trained In this practice. Phase Two Total Combined $15,642.7Z Total Phase One&Phase Two $50,446.20' AT VFO Healing Partners (Reconciliation) $85.00 $85.00 Iowa Healing/Reconciliation Circle Co- creation/Training 20 20 Internal Meetings 20 20 Facilitation with Community Healing Partners 30 30 TRC Meetings Non-payment 14 Sub-total Hours 70 84 Sub-total rate*hours $5,950.00 $7,140.00 Monthly Total $13,090.00 Phase One Subtotal (3 months) $39,270.00 Non-Monthly Expenses: City Council Presentations(1) 5 5 Strategic Doing Session Non-payment 40 Sub-total Hours 5 45 Sub-total rate*hours $425.00 $3,825.00 Phase One Non-monthly expenses $4,250.00 Phase One Total(3 months) $43,520.00 Phase Two Monthly Total $8,500.00 Phase Two Subtotal (4 months) $34,000.00 Final Recommendations $3,825.00 Phase Two Total $37,825.00 Total Total $81,345.,00 Prepared By:Eric R. Goers, City Attorney Reviewed By:Geoff Fruin, City Manager Fiscal Impact:None. Staff Recommendation:Approval Commission Recommendations:This is a request coming from the TRC. Attachments:Resolution.doc Item Number: 9.d. May 2, 2023 Resolution extending the timeline for the work of the City's Ad Hoc Truth and Reconciliation Commission from June 30, 2023 to December 31, 2024. Executive Summary: On September 15, 2020, Council passed Resolution 20-228 establishing the Ad Hoc Truth and Reconciliation Commission (hereinafter, the “TRC”) and set the deadline for their work as June 30, 2022. On December 14, 2021, Council extended the timeframe through June, 2023. The TRC has again recommended that their timeframe be extended, from June 30, 2023 to December 31, 2024, so that they can complete the work mandated in Resolution 20- 228. Background / Analysis: Resolution 20-228 calls for the TRC to secure a facilitator to assist them in performing their work. Securing a facilitator or facilitators has proven to be difficult and time-consuming. As a result, the TRC has not been able to move forward with their work, and needs an extension in order to do so. Prepared by: Eric R. Goers, City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution No. 23-138 Resolution extending the timeline for the work of the City's Ad Hoc Truth and Reconciliation Commission from June 30, 2023 to December 31 , 2024. Whereas, on September 15, 2020, the Iowa City Council passed Resolution 20-228, establishing the Ad Hoc Truth and Reconciliation Commission (hereinafter, the "TRC"); and Whereas, that resolution dictated that "The TRC shall serve from the date of appointment of all members to June 30, 2022."; and Whereas, on December 14, 2021, the Iowa City Council passed Resolution 21-299, which resolved that "[t]he timeframe for the Ad Hoc Truth and Reconciliation Commission to complete its charges and other work be extended through June 2023."; and Whereas, TRC has again recommended that their timeframe be extended, from June 30, 2023 to December 31, 2024, so that they can complete the work mandated in Resolution 20-228; and Whereas, it is in the best interests of the public that the requested timeframe extension request be granted. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The timeframe for the Ad Hoc Truth and Reconciliation Commission to complete its charges and other work is extended through December 31, 2024. Passed and approved this 2nd day of May , 20 23 Mayor } Approve by Attest: �J G City Clerk City Attorne s Office- 04/27/2023 It was moved by Harmsen and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Prepared By:Erika Kubly, Neighborhood Services Coordinator Reviewed By:Tracy Hightshoe, Neighborhood and Development Services Director Fiscal Impact:Iowa City has been allocated $731,382 in CDBG and $515,467 in HOME funds for FY24 which will be used in conjunction with program income and uncommitted or returned funds. Staff Recommendation:Approval Commission Recommendations:The Housing and Community Development Commission recommended approval of the FY24 Annual Action Plan by a vote of 6-0 at their April 20, 2023 meeting. Attachments:HCDC 2.16.23 minutes.docx HCDC 3.30.23 minutes.docx Resolution_FY24_AAP.docx _FY24 Appendix B.pdf Item Number: 9.e. May 2, 2023 Resolution adopting Iowa City's FY24 Annual Action Plan which is a subpart of Iowa City's 2021-2025 Consolidated Plan (City Steps 2025). Executive Summary: The City receives Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) funds annually from the U.S. Department of Housing and Urban Development (HUD). To receive these funds, the City must submit an Annual Action Plan, describing the projects and activities proposed for funding. The complete draft FY24 Annual Action Plan is available at www.icgov.org/actionplan and a summary of the funded activities is attached to the resolution as Appendix B. A public meeting and resolution considering approval of the FY24 Annual Action Plan, which formally allocates the City's CDBG and HOME funds, will be held at the City Council meeting on May 2, 2023. Background / Analysis: Through the FY24 competitive funding round, Iowa City received applications from five outside agencies for CDBG and HOME funds as well as an internal program application. Of the funding available for allocation, only $240,000 is available through the CDBG program. Two applications were received for projects that are only eligible for CDBG funds. Shelter House requested funds for improvements to their emergency shelter facility at 429 Southgate Avenue and DVIP requested additional funds for the construction of their new shelter. Projects recommended for HOME funding include the following: The Housing Fellowship - Construction of a new single-family home on an infill site at 724 Ronalds Street in partnership with the Home Builder ’s Association and the Iowa City Community School District. The Housing Fellowship will separately receive Community Housing Development Organization (CHDO) funds for rental rehab and operations. Iowa Valley Habitat for Humanity – Down payment assistance for affordable homeownership of newly constructed homes on Blazing Star Drive. City of Iowa City, GreenState and Hills Bank & Trust– Down payment assistance for purchase of homes in low-income census tracts in Iowa City. This funding will continue the existing down payment assistance program with GreenState and add Hills as a lending partner. United Action for Youth – Acquisition and rehab of transitional housing to serve homeless youth in UAY’s Transitional Living Program. As part of the allocation process, staff scored each application and made a funding recommendation to HCDC ahead of their March meeting. Based on scoring and information provided, staff did not recommend funding UAY’s application as submitted. The applicant did not submit the required rental proforma to demonstrate the project is financially feasible and viable for the federally required period of affordability. A proforma that analyzes estimated revenues vs. expenses over the compliance period helps staff and HCDC make informed decisions on the allocation of funding. While staff supports the intent of the project, there was not enough information to determine if a project is feasible given their anticipated revenues and the application received the lowest score. UAY had not identified a property, which is common at application; however applicants typically estimate the acquisition price based on current market conditions and complete the rental proforma based on their rental experience. HCDC considered staff's concerns and recommended funding $110,000 to UAY’s project. The commission noted the population that UAY serves has not been funded to the extent of other CDBG/HOME projects and that there may be opportunities for UAY to leverage other resources for the project with an initial commitment of federal funds. The commission also discussed providing supplemental funds to the project in subsequent funding rounds. Federal rules allows additional HOME funds for up to one year after project completion. After the first year, no additional HOME funds can be allocated to the project throughout the affordability period. It is estimated to have an affordability period of 15 years based on the current allocation. Based on HCDC input, staff recommends that UAY is given until March 15, 2024 to identify a property and submit the necessary pro forma and financial information that demonstrates a viable project that will meet federal requirements for the duration of the affordability period. An underwriting review of a project's anticipated revenues and expenses is a federal requirement and must be approved prior to entering into a funding agreement. The terms provided (loan vs. grant) would be based on said underwriting review. If the timeline is not met, funds would be recaptured and made available in the FY25 competitive funding round. The draft FY24 Annual Action Plan was made available for public comment on April 1, 2023. HCDC reviewed and recommended approval of the draft at their April 20, 2023 meeting. At the time of this submission, the City has not received any comments. The Annual Action Plan is due to HUD by May 15, 2023. MINUTES FINAL HOUSING AND COMMUNITY DEVELOPMENT COMMISSION FEBRUARY 23, 2023 – 6:30 PM FORMAL MEETING THE CENTER ASSEMBLY ROOM MEMBERS PRESENT:Maryann Dennis, Michael Eckhardt, Jennifer Haylett, Nasr Mohammed, Becci Reedus, Kyle Vogel MEMBERS ABSENT:Kaleb Beining, Karol Krotz, Kiran Patel STAFF PRESENT:Erika Kubly, Brianna Thul OTHERSPRESENT:Jude Abel, Crissy Canganelli, Jeremy Endsley, Hailey Franzen, Scott Hawes, Will Kapp, Jim Kringlen, Kathleen Meardon, Talia Meidlinger, Angie Meiers, Jamie Nguyen, Matt Olson, Adam Robinson, Bob Untiedt CALL MEETING TO ORDER: Dennis called the meeting to order at 6:30 PM. WELCOME NEW MEMBERS: Item postponed. CONSIDERATION OF MEETING MINUTES: JANUARY 19, 2023: Reedus moved to approve the minutes of January 19, 2023, Vogel seconded the motion. A vote was taken, and the minutes were approved 5-0 (Mohammed was not present for vote). PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: None. QUESTION AND ANSWER SESSION FOR FY24 EMERGING AID TO AGENCIES (EA2A) APPLICANTS: Community Transportation Committee Jeremy Endsley stated they have been in existence since 2015, they are a very small nonprofit and their annual budget is probably around a couple thousand a year. This application is for a project is to better quantify gaps in transit services for evening and late-night workers. This program is not duplicating any other group that exists. The service area is all of Johnson County and Endsley noted there was a transit study done by the City of Iowa City, but this study is focusing mainly on second shift workers, so it's a little bit more specific. {Commissioner Mohammed arrived} Reedus noted when she was still working, she attended a meeting that was called together by United Way about the lack of second shift transit and so she is concerned that a study has already been done. Housing and Community Development Commission February 23, 2023 Page 2 of 11 2 Endsley stated the representatives from other community organizations and entities that he’s talked to said that they do not have enough information about this and right now there's programs being developed that would benefit from this information so he believes that doing the survey would add to that and better quantify the need. Reedus noted they have an expenditure for $6,000 of purchasing bus tickets and asked how they will distribute those. Endsley stated those will be distributed to the participants of the survey, so if someone completes the survey then they'll get a bus pass. Eckhardt asked what other organizations they have reached out to who are saying they need this information. Endsley stated he is not representing other organizations, but he works with Kelly Schneider at the County and she's putting together a program to do after hours transit, and employment is part of that. Overall, they still don't have enough information on to quantify the actual need for the transit service, how many workers need this, which employers would like this, etc. They have talked to some employers but there's quite a few more that they could talk to. Reedus reiterated that what they want to do with the money is to study what the gaps are and then what? Will that information be publicly available? With the hopes of doing what? Endsley replied down the line they're also hoping to put together a transit program that will address some of the needs, and also there are other programs that are in development in the County and the City that this information will assist. Mohammed noted in the application it states this organization conducted similar survey in 2015, what were those findings and what was the recommendation at that time? Endsley stated in 2015 they talked to about 150 people, they went to Shelter House, the food bank, the North Liberty food bank, and the Coralville food bank and what they found was that late night and early morning was the hardest time for people to get to work, as well as Sunday, since there's no transit on Sunday. So, there's definitely a gap in that area. But at that time, they weren't able to put together a list of employers who also will note this is a big problem, to see how much of a problem. Doing this research will move them quite a bit forward to see how to actually serve more workers and more employers. He explained when planning a transit service, knowing how many people they're transporting is extremely important. For example, are there 15 people needing picked up at Procter and Gamble or 60 people? How many how many people can actually benefit from the transit service. Vogel asked from the 2015 research where they found gaps and issues, did any of the local public transport systems utilize that research to fix gaps that were found. Endsley replied unfortunately no and there's nothing existing that is serving late night and Sundays. Eckhardt mentioned the City did get some funding from COVID relief for late night and Sunday scheduling, so have they had any sort of coordination with the City regarding organizing that? Endsley stated there's a number of different types of transit service that are being considered such as extending the existing routes would be one option. Another option would be taking people directly from home to work with some type of shuttle service, and there were talks about taxis. Healthy Kids School Based Clinics. Dennis noted on the application it states they are the only free health clinic providing comprehensive primary care to children in the Iowa City area and asked if they ever partner with the Free Medical Clinic. Marguerite Oetting stated they do and since they've been in existence the pattern has generally been that the Free Medical Clinic refer kids to them, and they refer the parents of the patients back to the Free Medical Clinic. The Free Medical Clinic does see few kids in their evening clinics that they run with the volunteer providers, but they really try to keep that to a minimum and send most of the kids to the Healthy Kids School Based Clinics. Housing and Community Development Commission February 23, 2023 Page 3 of 11 3 Dennis asked about their budget. Jamie Nguyen (Program Clinic Coordinator) replied they attached their operating budget but what these funds would mostly cover would be taxies and expenses for labs. Iowa City Compassion Will Kapp (Global Food Project Manager) stated they are requesting money for personnel to create a new position that would be a volunteer coordinator and would work with all of the programs at Iowa City Compassion and also to provide equitable salary to the staff at Jabez Cafe as well. Reedus asked if the request for funds is for operational support and Kapp confirmed. Iowa City's Sober Living Kathleen Meardon stated this application is for funds to support the resident manager salary for six months. They are aggressively looking at fundraising grants, and then there is also the income that will be generated by residents within the home. They are establishing a fund from the residents to cover not only the house payment and utilities, but also the funds for the resident manager. Vogel asked if this is an onsite live-in resident manager. Meardon replied that is what they are looking for, somebody that will live within the home. This is for people coming out of treatment that need basically a step down before going home. The site manager will be similar to a house mom, but a little bit more involved as they'll need to be able to complete tasks such as urine drug screens. Meardon stated this is a very new organization, nobody has moved in yet, they haven’t purchased a house yet. They have the down payment for a house and have been looking at homes. They are hoping to be into a home in the next 90 days to six months. Regarding finances, Meardon stated they do have a matching grant. Once they get into the home, there's a matching grant that comes into effect and they will also be fundraising and grant writing. Reedus asked if the City is paying half the salary of this staff person, is it expected that half of the residents be Iowa City residents? Kubly replied that they don't have any specific criteria with Emerging Agencies. The purpose is to serve low to moderate income residents or to meet the goals of the City’s Consolidated Plan. They typically try to keep things within Iowa City with Iowa City residents, but don't have any strict criteria for this program. Meardon stated they could get referrals from any place to come and stay within the home but added the homes they have been looking at to purchase have all been within the Iowa City limits. Reedus asked about the first-year operations budget, outside of the building. Meardon noted Merrilee Ramsey submitted the application but could not be here this evening, but she believes it stated start up to get the home up and running. Dennis asked about when the people move in, are they going to have a lease for a certain time period? Meardon replied it won't be a lease per se, it will be a month-to-month commitment with the hopes that people choose to stay at least a year, but not everybody is willing to do that. The other part of that is if somebody does relapse or use again, that may preclude them from continuing within the home, so they have set up steps to assist with that. Reedus asked what led to the need for this facility and how is it different than the agency formerly known as Prelude. Gardner replied she is not familiar with Prelude. She used to work in this field as an RN, she also is a person in recovery and what started this was other women in recovery that came together and realized that there is not a facility of this nature within the Iowa City area. She is not aware if there's one in Johnson County, but believes there's one in Columbus Junction that just started within the last six to nine months that provides this sort of step-down care from a treatment facility to home. Housing and Community Development Commission February 23, 2023 Page 4 of 11 4 Reedus stated she is trying to figure out if they've studied and determined that this service isn’t provided in the community because Prelude, now known as Community and Family Resource Services, is an agency that does have transitional housing. Meardon reiterated she is not familiar with Prelude but does know there isn't a facility like this in Johnson County, the transitional housing she has known about have all been corrections based or mental health care based. This is for people coming out of treatment and looking for support by going into a sober living facility, the success for one year of sobriety increases from 20% to 80% with this type of step-down care. Vogel noted in the application it was noted that Community and Family Resource Services was supporting them in their efforts to open this house, there was a list of local organizations that were supporting them in the process. Mohammed noted from the supporting materials, the failure rate on this program is very high and 80% of the people who recover will go back again to use the substance so how do they measure the progress on the program? Meardon stated what Sober Living provides is a household that is all recovery base, basically it's a sanctuary with no drugs or alcohol on site. There's also a support system in order to find employment if needed and the ability to seek treatment and have sober coaches. One of the things within the recovery community is a 12-step based program and that will be part of a requirement to stay within the facility. All of those things increase an individual's success. Iowa Legal Aid Vogel stated that this is basically an application to pay lawyers. Jim Kringlen conformed and continued that they are the best lawyers that money can buy and happen to be among the lowest paid, but Iowa Legal Aid is trying to improve that. They recruit lawyers who want to help people and who have a passion for it. They've been in existence as a statewide organization for 47 years so they're not emerging or new in that sense but are new to this table. They have some development folks in Des Moines that stated they should be seeking local support. Regarding how much of the work they do is for Iowa City residents, they are a statewide law firm, and the Iowa City office serves clients who have court cases in a seven-county region from here all the way to Burlington, so they’ve come up with the numbers based on their historical client base of how many of their clients were Iowa City residents. Vogel asked if Mariah was going to be part of this. Mariah is with the Shelter House and works with evictions. Kringlen confirmed she partners with the Legal Aid people, they partnered to have the Help Desk at the courthouse every day that they have eviction hearings, which are usually on Mondays. Reedus asked if they have any other local funding such as United Way or Community Foundation funding. Kringlen replied they have been a partner agency with the United Way of Johnson and Washington Counties for many years and have gotten funding from the Community Foundation of Johnson County, and just about two years ago they got their first grant from the City of North Liberty. They have some funding from the County and do have a separate pending application to seek some funding from the City to support some of their housing work. In the early years, there were just a handful of funding sources and 90% of funds came from the Federal Legal Services Corporation, now only about 40% does because Congress at different times has cut funding and it has not kept up with inflation. The State of Iowa started supporting them with grants in 1996 when they had a particularly large loss of federal funding. Overall, they have a diverse pot of funding sources now, maybe every United Way in Iowa, supports their work, the Bar Association's lawyers donate, and various businesses. Reedus asked if the funding they're seeking is going to enhance services, provide more services, or if it will fund existing services. Kringlen replied that is a difficult question to answer because the amount of funding that they're seeking isn't enough to add another staff attorney, but they are adding staff attorneys are at the largest size they’ve ever been. They’ve just had one attorney transferred from the Davenport office to the Iowa City office and they also hired another one that started in January. Adding attorneys Housing and Community Development Commission February 23, 2023 Page 5 of 11 5 increases capacity and then they can serve more people. They have always had to turn away people. With this added grant they still will, but fewer. Haylett asked about having to turn people away and wanted to know what the screening criteria is. Is it folks at or below 125% of the federal poverty line or what general guidelines do they use? Kringlen replied there are quite a few and it is fairly complex. They can fairly easily grant exceptions to income up to 150% of poverty knowing people who live at 150% of the federal poverty guidelines can't afford lawyers so they grant all of them. Regarding other categories of screening, it depends on what kind of problem it is. If it's a family law problem, has there been domestic violence? They ask very broad screening questions but sometimes even though it is hard to think about or talk about, the abuse being mild versus severe, and that plays a factor sometimes in decisions. It might be recency as well. If it is someone they can’t help, they might still refer them to a volunteer lawyer, who agrees to take cases through the volunteer lawyer project free of charge. They can take cases regardless of income with funding that supplements their budget from Area Agencies on Aging. So, if someone is 60 years or older, they will at least give them advice, even if they're relatively well-to-do senior. Mohammed noted on their budget they show a huge deficit, how will they overcome that deficit? Kringlen agreed they do have a huge deficit, almost $2 million in projected losses for 2022, and to cover that will come mostly from their reserves. They have a board of directors that maintains a reserve. They also anticipate staff leaving, retiring, resigning, and then they have vacancies and until they can fill those positions, there will be a savings. Those are usually the biggest ways that they cover projected deficits. They know they can’t obviously operate in a deficit forever but do with some frequency in terms of the revenue versus the expenses. Other years they have more income or revenue than expenses and it balances out. Trail Johnson County Vogel stated he is confused on the subscription base fee service and what they're requesting is money to pay for. Bob Untiedt replied yes, they are requesting money to pay for membership fees to support very low- income folks who can’t afford the membership fees. The cost per member is about $1,241 a person which is the total cost of operating the organization divided by membership. The membership fees cover about 45% of the total cost of the organization so they don't even cover everything. This money is going to operating costs which will allow them to offer memberships to folks under a certain income level. He added the significance of supported members is not simply that they contribute less, it's also service requests. Prior to last year, the most they'd ever done in the seven years of existence was 452 service requests, or about 40 a month. Last year they did 884 and nearly all of that growth has come from supported members from very low-income people. Additionally, it’s something like two thirds of those come from the top ten requesters who have multiple requests a month. Low-income people tend to seek more frequent service - such as medical transportation and things like that. Again, it is for low-income people at 30% of area median income or less who are over age 65. Reedus asked what their total budget was for last year when they had the 884 service requests, and how many members do they have. Untiedt replied their budget was $142,725 with about 250 members. Membership varies from month to month. QUESTION AND ANSWER SESSION FOR FY24 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) APPLICANTS: City of Iowa City Down Payment Assistance Kubly stated Tracy Hightshoe couldn't be here tonight, but that staff and a representative from Hills Bank, Matt Olson, are available to answer questions. Housing and Community Development Commission February 23, 2023 Page 6 of 11 6 Dennis noted that this is another application for down payment assistance for owner occupied housing and that's new construction and wanted to know if the City partners at all with. Kubly confirmed yes, two of the homes that they've already done through this program have been in partnership with Habitat, but their current application is for separate units. Dennis noted the application says that the underwriting criteria would be modified. Does that mean increasing the debt-to-income ratios, or what is the modification? Matt Olson replied it would be more flexible underwriting and these will be 30-year fixed rate mortgages that will be offered, not adjustable-rate loans. Typically, a 30-year fixed rate loan gets sold on the secondary market to Fannie Mae and Fannie Mae does have some strict requirements, so Hills Bank and GreenState are going to provide some flexibility in that financing and these loans will stay in-house. One example is if the property is a townhome or a condo, Fannie Mae would require 10% down, and Hills Bank and GreenState are not going to require that 10% down. Fannie Mae may require that a borrower who was out of work for a few months, gets back into the workforce and works for six months before receiving financing whereas Hills Bank and GreenState will provide some flexibility and as long as they've entered back into the workforce, they're not going to require that six month waiting period. Dennis asked if a homebuyer receives the down payment assistance, does that qualify them for the Iowa Finance Authority down payment assistance or closing costs assistance as well? Kubly replied they could do that in addition to the HOME or CDBG assistance and combine it, but then it would be subject to Iowa Finance Authority guidelines. DVIP Dennis noted tonight's their Souper Bowl fundraiser so they’ve asked the Commission to submit questions in writing and they will respond. Reedus asked if this is basically for the same project that they have funded twice before. Kubly explained it is the same project and they do currently have CDBG funds and then they have funding through HOME- ARP as well. Reedus asked if this project has always been in two phases or is this request new due to lack of funding? Has this application changed? She noted some concerns about the inability raise those funds and the agency's ability to have a plan for the cost of unmet campaign totals. Kubly stated the new construction of the shelter is phase one, and then updating their old shelter would be phase two. Vogel confirmed that the $425,000 they've already awarded them was for the new shelter and this additional money is just more money towards the new shelter. Reedus asked what the total cost is for phase one and total cost for phase two. Kubly believes it's about $6 million for phase one for the new construction of the building. Reedus would like to know if they have asked for any other funding like ARPA funds. Will the decisions on ARPA funding be made by the time this Commission makes decisions? Kubly stated that DVIP has applied for ARPA and the City is in the review process, but she doesn’t know exactly when they'll have decisions. If she has an update before March 30, she will provide that to the to the Commission. Vogel stated the $6 million is just for phase one because $5.7 million is the construction costs of the new 24,000 square foot building and the land acquisition was $215,000. Habitat for Humanity Dennis asked for clarity on what they mean by a silent forgivable loan. Housing and Community Development Commission February 23, 2023 Page 7 of 11 7 Scott Hawes replied it is a loan that is forgiven over the period from year seven to 15 and after 15 years, the entire loan is forgiven. If they remain in the home after that period of time, they don't have to make any payments on it, but if they sell the home prior to 15 years then they have to pay the balance on the house. Vogel asked if the two houses on Blazing Star are built. Hawes said they are to be built, the first one will be built this fall and the second one will be built fall of 2024. Vogel asked if they currently have buyers. Hawes replied they do have a buyer for the one that they’re planning to finish this year and that one does qualify for the down payment assistance program. Shelter House Reedus asked if this is the same project that they have funded in the past with CDBG. Crissy Canganelli noted this is an entirely different and new project, a first-time request. The shelter opened in November 2010 and a little over 700 people a year come through that building as residents, and then another 300 use it as a drop-in center service. Dennis asked if they don't get full funding, how are they going to prioritize what needs to be done? Canganelli started by noting one very complicating challenge is the timing of the release of the applications for the ARPA funding and the timing for this application since they do not know the status of the ARPA application. Prioritization for the different project components that are submitted in this application would be entirely dependent on the level of funding that's awarded. If funding was in the neighborhood of about $100,000, they want to make the changes to the stairwell because this year they've already had two suicide attempts that have involved the open stairwell. Many of the challenges that they are facing now that have been reflected in this application, are in large part due to their shift to low barrier service and the complex nature of the individuals who are coming through their doors today with serious behavioral health challenges, unmedicated serious persistent mental illness, co-occurring substance use, intellectual disabilities, and brain injuries. Canganelli stated there are areas and spaces in their building that were not built to accommodate the needs of the population that they're serving today, and they actually amplify and escalate some of their challenges. If less funding was made available, they’d do something like immediately changing out the doors as that's a high need security issue. The Housing Fellowship Rehab Simon Andrew stated their request is for $78,000 to rehab a duplex in Village Green, they've owned it for 25 years and originally purchased through the help of the City. This is a good time for them to do this rehab because the family that had lived there had been there for quite a while but just moved out, so it is vacant. The plan is for new windows, kitchen/bathrooms updates, etc., maybe HVAC but no new roof at this time. Vogel asked about their capital repairs budgeting process. Andrew explained they do keep a capital budget for such things and have invested a good amount of their own money and capital reserves into that property. Some of it has to do with the length of duration that the person lives there and how hard they were on the property, some move outs are very inexpensive and some are very expensive, this one happens to be a more expensive one. He noted the application reads up to 60% of AMI, they currently rent both sides at 50%, it's three-bedroom units for $900. After they get out of compliance, they could bump that up a little bit more and have that for future investment on the property, but they try and keep the rents as low as they can. That's generally what the CHODO reserved dollars are there for, for projects they can't fund in other ways as easily. He acknowledged they certainly could have charged $50 more per month in rent for the last 10 years and had it paid for but then it becomes more challenging to keep it affordable long term. Vogel asked what the $7,800 developer fee is. Andrew explained they request 10% for developer fee and that goes into the operations that's paying the maintenance staff that and the project manager that oversee the project and goes into the investment as well. For instance, he doesn’t know how extensive Housing and Community Development Commission February 23, 2023 Page 8 of 11 8 this one is going to be, but they did one using HOME funds on First Avenue a couple of years ago and they applied for $24,000 as the project was initially budgeted for around $50,000 and ended up putting $100,000 into it. He imagines that $7,800 will still go into the to the Hannah Jo project. The Housing Fellowship Construction Andrew next discussed the other The Housing Fellowship application. The Home Builders Association and the City reached out for this project. He also stated they are thrilled to see the Student Build Program coming back noting it’s been a real challenge, especially during the pandemic, finding contractors for some of the work that they're doing, plus training that next generation of skilled tradespeople is going to be really beneficial. Vogel asked if this is request is just for construction. Andrew replied yes because for the property they received a grant from the City that included the land purchase. He also noted the project is still in the design phase and they do have an application into the Historic Preservation Commission. They expect it to be on their agenda in March. Vogel asked if all three high schools are being included in this build. Andrew is not sure, the school district did just hire a full-time instructor for this project, who also lives in the Northside Neighborhood, but he doesn’t know if he is housed specifically out of one school or if he moves around to schools, or how it is structured. Dennis asked if it were going to be a three-bedroom house. Andrew replied it will be a two-bedroom. He stated it is a big lot that they plan to subdivide, it’s an 80-foot-wide lot, but it's very deep, and has a private sewer main running across in two different directions. Therefore, the buildable portion of each lot is pretty small so they're fitting every square foot on it they can. This house will be two beds, two baths, with a zero-entry bathroom on the ground level and a half bath upstairs. The second home they're hoping to be five bedrooms as that's where they see the biggest need right now as families have more children in the home, they don't have the size the units to serve right now. Again, he reiterated they are really excited for this project and noted that the Home Builders Association and the school wanted to start with the smaller and less complicated one first, which makes sense. They’re hoping this program sticks around for a long time to complete both projects. United Action for Youth Haley Franzen and Talia Meidlinger stated they purchased two homes in 2012 with CDBG funding and have been renting apartments. This would allow them, depending on the size of the home that they can find, to no longer have to rent as many units. The apartments they are renting are in various apartment complexes around town and are individual living quarters, not group living. Franzen noted everyone in their program has a roommate as they have two-bedroom duplex units and they have one three-bedroom home and the rentals are two-bedroom apartments, so everyone has an individual bedroom, but shared accommodations elsewhere. Dennis asked if this is separate from the program that they have for teen parents. Franzen stated it is but those two programs can work together, and they do have the ability to house single young parents as well and their dependent children but those are two separate programs. Vogel asked if they would use the $800,000 to purchase outright, or are they looking at a down payment for something. Meidlinger stated their goal would be to purchase and rehab and then not pay rent anymore to landlords because the instability piece that they've run into is whether or not they can resign a lease. If they have residents living, there that are already in transition coming from homelessness they need stability. She stated they hope to find eight bedrooms as that would close the gap on them no longer needing to rent, however, finding an eight-bedroom house right now is difficult. Ideally it would be great to find a couple fourplexes, in close proximity, or one big eight-bedroom house. Housing and Community Development Commission February 23, 2023 Page 9 of 11 9 Reedus asked what the average length of stay is. Franzen replied the average length of stay is anywhere from seven to eight months, and that competes with the national averages. Dennis asked what happens if these kids use this program? Franzen replied that's a great question and they are working more and more to try and close gaps for the younger end of their service range because it's really hard to sign a lease if someone is not 18. Not that it's illegal, it’s just really hard and there are a lot of barriers that landlords can throw up. They work a lot across their agency and with other community partners to get folks wrapped into family mediation services and try and help mitigate any of the conflict that might be happening where they're currently staying or help them identify alternative appropriate options for them - whether that is extended family members in other areas, or friends whose families have the capacity to house them through high school graduation or until there is an opening in the program. Meidlinger added for the exception, where they can't close that gap in other ways and have young people who have nowhere to go and continue to experience trauma and instability, that lack of structure is detrimental to all of the things that they need to thrive and survive and become successful adults. DISCUSS NATIONAL COMMUNITY DEVELOPMENT WEEK: Dennis noted National Community Development Week 2023 is April 10-15. Dennis stated last year they had ideas for staff that would have taken them about three years to complete. What are some things they can do for National Development Week this year? Maybe write letters to the editor and post about it on your Facebook page, if you have one? Kubly noted they always do a proclamation at the City Council meeting and typically have a representative, usually the chair from HCDC, to come accept that and the mayor or whoever will read it. If there are other ideas like a social media campaign, staff hopes the communications folks will promote those, but are open to ideas the Commission has. Reedus stated she liked the old days when they celebrated one of the projects. There are some good projects in this in this community that have benefited from CDBG and HOME funds. People would come and see the project and it was crowded. Reedus acknowledged organizing that is a lot of work. Dennis noted years ago the HUD representative would come and there would be this big deal and all the elected representatives would be there such as Grassley and Harkin. They don't promote that much anymore, and the HUD reps don't come anymore. Kubly noted when she interned with the City, they did have the Community Development Week celebration and gave awards, and the representatives came but that has not happened recently. Dennis recalled they did used to give awards and wondered if there a project that they particularly thought was really great to honor. Vogel stated the new Shelter House building is impressive, however, he had some real issues with how much that cost, but it has made a huge difference already in the numbers of people it is serving. Perhaps there are other ones that are even smaller that would be interesting - maybe some of those Emerging Agencies. Thul mentioned CDBG and HOME projects that have been completed in the last couple years. Neighborhood Centers put a new roof on their Broadway location - that’s a smaller rehab project. A lot of projects that have been undertaken by subrecipients recently are acquisition of existing housing which is a great addition to the affordable housing stock but maybe harder to highlight. Vogel noted he went to Houses into Homes recently for the first time to drop off some stuff and had never been inside that warehouse space and it was impressive. They've gotten funds from HCDC in the past for an acquisition of a van and some other stuff. He thinks in general it might be good to give more publicity Housing and Community Development Commission February 23, 2023 Page 10 of 11 10 to some of these smaller projects and some of the Emerging Agencies. Vogel noted Trail is a prime example of something he did not know even existed. These small, very niche things can absolutely use that kind of broader advertising from the City as success stories. Even the small grants can make such a huge difference. Dennis noted that is a good idea for next year as Trail hasn’t gotten any funding yet. Reedus asked if perhaps they could work with the City media folks to do some sort of five-minute video thing to highlight a few of the HOME projects or what CDBG money helped agencies to do. This could be really powerful, and it could play on social media and the City website to highlight one or two projects. The media person could do an interview with the director. Kubly will ask the media communications team if they're available to do something and asked if there is a Commission member that would want to speak on that video and talk about things. Reedus thinks it should be the chairperson unless someone else is interested. Kubly noted they did a video last year for The Housing Fellowship and they can run that again as well. Dennis noted Beining also will go to accept the proclamation. STAFF & COMMISSION UPDATES: Kubly updated the Commission on Council discussions regarding the Legacy Aid to Agencies. Council is requesting HCDC take another look at the applications and not consider the late applications to be a factor in consideration, so that will be on the March 30 agenda. The video of the Council discussion is available online for review. Reedus asked if there are other rules that they don’t have to pay attention to or just that rule? Kubly stated that this is the specific direction they received from Council and that she would suggest listening to the discussion. Reedus stated she tried but couldn’t get the sound to work. Dennis suggested they table the discussion until the 30th. Vogel asked if this change would impact the approval process. Thul stated the Legacy, Emerging, and CDBG/HOME recommendations will all go to Council with the Annual Action Plan the first meeting in May so the timing should be okay. Thul will get staff recommendations and staff scores to the Commission by March 3rd. Staff are asking to have score sheets returned by March 16. Staff will compile the information submitted for the packet. ADJOURNMENT: Vogel moved to adjourn, Haylett seconded the motion, a vote was taken, and the motion passed 6-0. Housing and Community Development Commission February 23, 2023 Page 11 of 11 11 Housing and Community Development Commission Attendance Record 2022-2023 Resigned from Commission Key: X = Present O = Absent O/E = Absent/Excused ---= Vacant Name Terms Exp.7/21 9/15 10/20 11/17 1/19 2/16 Beining, Kaleb 6/30/24 X O/E X X X O/E Dennis, Maryann 6/30/25 X O/E X X X X Haylett, Jennifer 6/30/25 X X O/E O/E X X Krotz, Karol 6/30/24 O/E X X X X O/E Marilla-Kapp, Elizabeth 6/30/23 X O/E ******* Mohammed, Nasr 6/30/23 X X X X X X Reedus, Becci 6/30/24 X X X X X X Vogel, Kyle 6/30/23 O/E X X X O/E X Eckhardt, Michael 6/30/25 ----X X X X Patel, Kiran 6/30/23 ----------O/E MINUTES FINAL HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 30, 2023 – 6:30 PM FORMAL MEETING THE CENTER ASSEMBLY ROOM MEMBERS PRESENT:Kaleb Beining, Maryann Dennis, Michael Eckhardt, Karol Krotz, Nasr Mohammed, Kiran Patel, Becci Reedus, Kyle Vogel MEMBERS ABSENT:Jennifer Haylett STAFF PRESENT:Erica Kubly, Brianna Thul OTHERSPRESENT:Genevieve Anglin (UAY), Crissy Canganelli (Shelter House), Kristi Fortmann-Doser (DVIP), Tashundra Gathright (THF), Scott Hawes (Habitat), Will Kapp (IC Compassion), Jim Kringlen (Iowa Legal Aid), Christi Regan (HACAP), Jamie Nguyen (Health Kids School Based Clinics), Adam Robinson (RVAP), Bob Untiedt (TRAIL) RECOMMENDATIONS TO CITY COUNCIL: By a vote of 5-2-1 (Mohammed and Eckhardt dissenting; Patel abstaining) the Commission moved to resend the FY24 Legacy Aid to Agencies recommendations from the January meeting to City Council with no changes after reconsidering the proposals based on their merits, as requested by Council. By a vote of 8-0 the Commission moved to recommend the following FY24 Emerging Aid to Agencies budget allocations: By a vote of 8-0 the Commission moved to recommend the following FY24 CDBG and HOME budget allocations: Agency/Project FY24 Request Staff Recommendations HCDC Average Recommendations March EA2A Group Funding Recommendations Healthy Kids School Based Clinics $15,000 $10,000 $11,300 $11,300 Iowa Legal Aid $12,500 $10,000 $9,300 $9,300 Iowa City Compassion $15,000 $10,000 $7,575 $9,560 TRAIL $9,000 $7,575 $5,430 $7,415 Iowa City Sober Living $12,500 $0 $2,515 $0 Community Transportation $15,000 $0 $0 $0 Total $79,000 $37,575 $36,120 $37,575 Housing and Community Development Commission March 30, 2023 Page 2 of 13 2 Request Staff Recommendations HCDC Individual Score Summary March HCDC Meeting Recommendations Agency/Project FY24 Request Staff Score Staff CDBG Funding Rec. Staff HOME Funding Rec. HCDC Av. Score HCDC CDBG Funding Rec. HCDC HOME Funding Rec. Iowa Valley Habitat for Humanity - Downpayment Assistance $80,000 308 91%$0 $80,000 277 $0 $80,000 Shelter House - Facility Improvements $240,000 255 75%$110,000 NA 277 $120,000 NA DVIP - Shelter New Construction $350,000 279 82%$130,000 NA 274 $120,000 NA City of Iowa City, GreenState, & Hills - Downpayment Assistance $300,000 284 84%$0 $300,000 261 $0 $300,000 The Housing Fellowship - Rental New Construction $200,000 275 81%NA $200,000 260 NA $200,000 The Housing Fellowship - Rental Rehab $78,000 260 76%$0 $78,000 236 $0 $78,000 UAY - Rental Acquisition and Rehab $400,000 197 58%$0 $0 195 $0 $110,000 Total $1,648,000 NA $240,000 $658,000*NA $240,000 $768,000 *Staff recommended allocating balance of $110,000 in HOME funds towards general rental acquisition to assist at least one LMI renter household. CALL MEETING TO ORDER: Beining called the meeting to order at 6:30 PM. WELCOME NEW MEMBERS: Patel introduced herself and stated she is a GIS technician with the county in the Auditor's office. Housing and Community Development Commission March 30, 2023 Page 3 of 13 3 CONSIDERATION OF MEETING MINUTES: FEBRUARY 23, 2023: Vogel moved to approve the minutes of February 23, 2023 with edit to attendance as Krotz was not present. Krotz seconded the motion. A vote was taken and the minutes were approved 8-0. PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: Kinsey Phipps (Community and Family Resources) is the case manager for Community and Family Resources and runs the Transitional Housing Program. She is here to provide a little bit more information about their programs. An average stay for families in the Transitional Housing Program is 24 months, in some cases they're eligible to receive a one-year extension. Services offered to those in transitional housing include case management, such as parenting, budgeting, family readiness, substance use counseling, mental health counseling. They have to have a substance use or mental health diagnosis to enter the program and have to be experiencing homelessness. They also enroll them in a grant treatment for individuals experiencing homelessness where they get additional supports. In the past, they have used City money to update apartments needed due to water damage. They moved families in that were not in great health and situations before improving their lives and their environment. The Aid to Agencies funding is used mostly to expedite move in dates for families as they're experiencing crisis in housing. One barrier that they have is they typically use Section 8 housing through the City Housing Authority to help fund the programs and that’s who pays the rent, but a big barrier they are experiencing now is that families in housing crises often don’t have a permanent address or documentation to provide for Section 8 in order to fulfill that process. So Community and Family Resources is providing them with the apartment early to give them a safe environment to start their recovery and then Aid to Agencies has helped cover that bridge before Section 8 is involved. Phipps wanted to share a success story - due to assistance through Aid to Agency funding, a young mother and father this summer were able to move into their apartment early. It was a lifesaver as she had a five-month-old child that was on oxygen receiving additional care post-delivery. She was homeless and utilizing the Ronald McDonald House, but the time there was up as the baby was getting discharged from the hospital and so they had them move into Transitional Housing which made it easier to attend regular checkups at UIHC whilst the mother could start on her recovery and participate in groups at Community and Family Resources such as Alcoholics Anonymous meetings and a peer recovery coach regularly. Both parents have been able to maintain sobriety well in the program and the Department of Human Services closed their case because of their success. Without an early move in due to the Aid to Agency funding covering rent until they qualified for Section 8 housing, there would not have been anywhere for them to go. Phipps wanted the Commission to know they really appreciate the help and just thought it would be helpful for everyone to know a little bit about what they do and how they serve the community. DISCUSS FY24 LEGACY AID TO AGENCIES (LA2A) FUNDING AND RECONSIDER BUDGET RECOMMENDATION TO CITY COUNCIL: Beining noted this is for the Legacy Aid to Agencies funding reconsideration that Council has asked they do. Council did not want to disqualify an agency on the sole basis of the technical difficulties that Community and Family Resources and the Center for Worker Justice had. Vogel asked if it possible to just revert to what they had agreed on when they first took those into consideration in November. Reedus stated that wouldn't be an option for her. She would like staff to explain a little bit more about the zero-funding recommendation for the Center for Worker Justice. It seemed there were a couple of issues like how CWJ stated that in the application there were items where they were going to provide services outside of Iowa City, which isn't permitted with these funds. There were some lobbying and advocacy items in there also that wouldn't be considered appropriate. Reedus also asked staff to speak about the ARPA money from Iowa City, Johnson County, North Liberty and Coralville and wants to make sure that Housing and Community Development Commission March 30, 2023 Page 4 of 13 4 funding that might come from this group to the Center for Worker Justice, is not going to be overlapping with funding they're already receiving. Kubly noted the APRA funding is specifically for wage theft. Reedus asked if there was anything else that had to do with the zero-funding recommendation from City staff. Kubly stated there was also consideration for financial oversight with the agency. Dennis wanted to say that her comments at the last meeting were not only because the applications were late. There were also other considerations and one of those was the staff recommendation. She watched the Council work session and Council was pretty adamant that this Commission provide recommendations. She felt Council was very thoughtful about expressing their concerns, and very complimentary on the work that this Commission does. If they want to go back to the original allocations, then that's fine but in the memo that came out in the packet about the policies that are determining the use of Aid to Agency funds and eligibility - it stated one of the recommendations from the committee was for greater transparency in the decision-making process. For example, giving full funding to top rated applications, or partial funding based on objective scores. She brought this up the last meeting – many of the scores were in the 80s but some of those applicants were cut and she feels that is where they weren't terribly equitable. All of the applicants are worthy and all of the services they provide are essential. It's just too bad they don't have more money and can't fund them all. Krotz stated she also hasn’t changed her views since the last time about not funding them because there were a lot of other considerations. Yes, she placed some emphasis on the lateness, but there were other problems with the application itself such as what the staff has said about the financial oversight over the organization. The score was very low, almost half of what the top score was and so her opinion is that they don't fund them at this time. Mohammed agrees with City Council on this matter. The lateness shouldn't be the determining factor for funding this organization. This organization also scored low because some fellow commissioners decided to give them zero on that application and when they receive zero in one subject, the overall score is low. Reedus asked if her revised scores were incorporated because she had handed them in late. Thul acknowledged that staff did a late handout, and the Commission can use that to make the case for why they feel it should or shouldn't be funded. Reedus noted her revised score was a 61 or 62 and while it might have gone up, they're still under 70 because in the application they're describing services of worker abuse and wage theft and those kinds of things are getting funded under APRA. She noted under affordable housing, that is where they're doing advocacy and lobbying with state legislatures and that was also considered inappropriate for this this funding. Under education, they want to expand OSHA standards and safety workshops to residents outside of Iowa City, why would that even be in a proposal for Iowa City funding? To develop innovative worker community safety councils in Iowa meatpacking communities, again, outside of Iowa City. She noted there are a couple of things underneath there, education - increasing capacity of workers to overcome language barriers, hosting tenants’ rights workshops to educate tenants. Those could be considered, but a large portion of what they say they're going to use their funds on would be ineligible. She is going to go with the staff recommendation on this and recommends no funding. Beining agrees with Reedus. Looking at the scoring on the recommendations that did come from staff, they match up with the HCDC scores and decision to not fund them - excluding the technical difficulties. He also would be in favor of a recommendation of no funding. Krotz asked if for some reason this Commission does vote to stay with the staff recommendations of no funding, and it goes back to City Council, the Council could still overrule and decide what they want to do. Beining confirmed that was correct. Beining noted there seemed to be a consensus regarding the Center for Worker Justice and a recommendation of zero funding. Housing and Community Development Commission March 30, 2023 Page 5 of 13 5 Reedus stated regarding Community and Family Resources, she feels they have not discussed them much at all and to be fair, it wasn’t discussed by Council either. This seems to be a CWJ issue. Don’t you think that one deserves the discussion also based on what Council recommended to see if there are any changes? Vogel stated his argument is that, even not taking late into consideration, in November everyone agreed that there wasn't enough from the application to fund them. He doesn’t think that technicality mattered overall, this Commission is still of the opinion that those two just don't get funding this year based on the strength of their application. Vogel noted that it does seem weird that they allowed agencies to become Legacy Agencies and then not give them funding in their first year, but he was against bringing in new agencies from the beginning. He is fine with the recommendation made in January. Vogel moved to resend recommendations from the January meeting to City Council with no changes after reconsidering the proposals based on their merits as requested by Council. Reedus seconded the motion. A vote was taken, and the motion passed 5-2-1 (Mohammed and Eckhardt dissenting; Patel abstaining). DISCUSS FY24 EMERGING AID TO AGENCIES (EA2A) FUNDING REQUESTS AND CONSIDER BUDGET RECOMMENDATION TO CITY COUNCIL: Thul noted for Emerging Aid to Agencies, each award needs to be at least $5,000 and average for Iowa City Sober Living came out to just over $2,000 so the choices are to fund it at least $5,000 or give them no funding. Reedus asked when Iowa City Sober Living will become operational. Thul replied she believes they wanted to acquire a home within this year and staff recommended zero funding because they are not operational this time. Reedus proposes they remove the funding from Iowa City Sober Living and reallocate it to one of the other agencies. The Commission discussed Iowa City Compassion and TRAIL applications again noting TRAIL will be offering scholarships for low-income seniors and that’s a population group they don't see come through with requests for money very often. Vogel stated he hopes Iowa City Sober Living will come back in the future, it's an important cause. Reedus moved to recommend the following FY24 Emerging Aid to Agencies budget allocations to City Council. Krotz seconded the motion. A vote was taken, and the motion passed 8-0. Agency/Project FY24 Request Staff Recommendations HCDC Average Recommendations March EA2A Group Funding Recommendations Healthy Kids School Based Clinics $15,000 $10,000 $11,300 $11,300 Iowa Legal Aid $12,500 $10,000 $9,300 $9,300 Iowa City Compassion $15,000 $10,000 $7,575 $9,560 TRAIL $9,000 $7,575 $5,430 $7,415 Housing and Community Development Commission March 30, 2023 Page 6 of 13 6 DISCUSS FY24 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDING REQUESTS AND CONSIDER BUDGET RECOMMENDATION TO CITY COUNCIL: Vogel noted Shelter House and DVIP Shelter are the only two available for CDBG funding and there is $240,000 available under CDBG. Reedus stated neither of the projects received any of the ARPA funds, the ARPA capital funds went to Neighborhood Centers and Free Medical Clinic. Vogel noted everybody is funded fully based on staff recommendations aside from $110,000 left in HOME funding but is the recommendation not to even give even $110,000 to United Action for Youth because the $110,000 wouldn't be enough to support the project or where is that staff recommendation coming from. Thul stated staff’s concern was the project not being able to meet the HOME underwriting criteria. Typically, when people apply, they fill out a pro forma which is a projection on what their mortgage is going to be and to show the City that a project can cash flow for the period of affordability. With a large award like this, it would be 15 to 20 years of compliance and the City has to be able to show that that project isn't going to fall apart in that time. So again, staff’s concern with that project specifically was meeting the required HOME underwriting criteria. Vogel asked if the Commission choses to fund UAY the $110,000 and then they failed to meet that criteria would the $110,000 come back to the City? Thul replied it depends. If the project was to proceed and fall apart in the middle of affordability, then that money has to be repaid to HUD and the City would not get it back. If it were to fall apart before HOME paid for anything, then the federal spending deadlines are the issue and that was part of their rationale. Vogel stated UAY has been around for 50 years plus, so they are not likely to fail so they are not concerned about UAY failing or just this particular project failing? Reedus thinks it's a great project because transitional housing for youth is extremely important but the project received a low score from her, and she would hope that they can correct the deficiencies on the application and come back next year with a better one. She agrees that the HOME underwriting wasn't finished and is concerned about giving them 25% of the funds that that they requested and that they wouldn't be able to fund the remaining 75%. Then they are in a situation where the City has to take funds back and that's not fun. Vogel noted it was also his lowest score, but he also wants to try and make sure everybody gets a piece of the pie. He just wanted to make sure he understood where that recommendation was coming from since staff did recommend funding everybody else fully. Dennis understands why their preference would be to locate a property, like an eight-plex or two four- plexes or something. They did ask for $400,000 from HCDC but $110,000 is $110,000 more than zero and perhaps if they were to give them the $110,000, they may be able to find something. They might not Iowa City Sober Living $12,500 $0 $2,515 $0 Community Transportation $15,000 $0 $0 $0 Total $79,000 $37,575 $36,120 $37,575 Housing and Community Development Commission March 30, 2023 Page 7 of 13 7 be able to find exactly what they want but at least they would have that committed so they could keep planning and keep trying to do something. Krotz noted they could also use it as leverage for other funding sources. Dennis asked if they recommend an amount to UAY and then it doesn't get committed, it then goes back into the pot - can HCDC can reallocate it at some point? Thul replied it depends on how it all times out. A project would need to meet the underwriting criteria before they could commit funds. HOME typically requires a two-year commitment deadline and then a four-year completion timeframe. Dennis replied, so UAY would have at least two years to get that commitment and meet the underwriting criteria? Thul confirmed that was correct, the City usually likes to see projects moving within the fiscal year, but it is a two-year commitment. Krotz asked if the money would go back to HUD or the City if it was not committed. Thul explained that if it was not committed and they didn't spend any money, it stays in the City, but they have spending deadlines where they would need to allocate the funds to someone else. Dennis stated sometimes HCDC will do a special round of funding because when the deadline is coming. The last thing the City wants to do is to send money back to HUD so if UAY can't use this money, then it will come back to HCDC to do a special round or to be put somewhere to get spent. Thul confirmed that they last did a midyear funding round in FY22. Reedus stated there's just not enough capital money for nonprofits. They have a hard time raising capital money in the City because they're competing against big entities like the University. So, she is going to propose that the other $130,000 go to Shelter House for the facility improvements. To explain, she knows that is a difficult thing for DVIP to hear, but she is not as interested in a second round of funding to DVIP. This Commission has already funded them some money on this construction project. DVIP will have a phase two so she would assume HCDC will see DVIP come back for phase two funding. The Shelter House facility improvements, their main shelter was built around 12 years ago and in those 12 years shelter services have evolved a great deal. To that point, they are now open 24/7 and have seen more mental issues with the clientele and the escalation of crises. She believes the physical changes that are proposed in their application are very necessary. Putting the physical barriers so that people can't hurl themselves off of a stair is important when trying to deescalate a crisis. A sound barrier is important so that it doesn't escalate among other individuals, and the line of sight for the staff is very important in terms of safety of staff and those involved in the crisis. In addition to the Shelter House services having evolved, they also do more with a winter shelter. So, her proposal would be to give Shelter House the full CDBG funding of $240,000 with deep regrets to DVIP. Dennis asked regarding the Shelter House, what could they cover from their application without the stairway. Thul responses that staff recommended $110,000 for the stairway and some security features. Vogel stated the $130,000 recommendation for DVIP would go towards their capital campaign because new construction hasn't started but would be added to their capital campaign to give it a boost. Thul responded that it would be adding to the already existing construction project. They were funded one time previously, with CDBG funds for the same construction project. Typically funding a project already underway is not eligible, but since it was funded previously with federal funds, they have completed the environmental review and other requirements that would typically be an issue. Krotz would like to see DVIP funded, having worked with an agency that had a domestic violence shelter program - it is so necessary and so needed, and yet there have been a lot of cutbacks within the normal grants that they might get from the state and from the federal government. Mohammad also agrees with funding DVIP and would vote to split the $240,000 between Shelter House and DVIP. Housing and Community Development Commission March 30, 2023 Page 8 of 13 8 Eckhardt agrees with funding DVIP - especially considering the staff recommendation and staff scoring was also higher. He could also get behind moving it to be evenly split $120,000 and $120,000 as both are incredibly necessary. Reedus stated how many times do they have to say they just wish they had more money? There isn’t enough capital money in this town for nonprofits. The Commission next discussed the $110,000 leftover in the HOME funds. Vogel’s recommendation is to give it to UAY as the ability get a down payment or start the process of procuring even one duplex or one four-plex is worth the investment by this committee. Also, this is an organization that has proven itself as far as its long-term commitment. Reedus asked if they did vote to give UAY the $110,000, could they seek any additional funding for the project in the next budget round or would they be ineligible because of the CDBG rules? Thul noted these are HOME funds and they don't have to be concerned the timeliness deadline, however, they do run the risk of other projects coming in and that it may be hard to guarantee future funding. Thul noted that staff were recommending that the remaining money to be set aside for general rental acquisition, meaning that UAY could be a project that would be eligible for that. Asking for the $110,000 to be set aside for general rental acquisition gives more flexibility if it didn't work out for some reason, or if another agency could proceed faster. Doing that would give flexibility to staff to award that project. Eckhardt noted as he was going through the application on the question of what they would do if they didn't get fully funded, it sounded like they were saying that they wouldn't particularly have anywhere to go with the project. He really does support the project but is worried. If they allocate this money to UAY and they can’t use it, where does the money go? Kubly stated the City has two years to commit the funds so UAY essentially has two years to get their plans, locate their property and proceed. Beining thinks they should allocate the $110,000 to UAY, despite them having a relatively low score compared to the others, because it appears all the others have been fully funded and this a great opportunity to just maximize their impact while it is available. While he is not a commercial underwriter, in his experience, that might have the ability to help them with their capital stock to secure additional funding. Reedus wanted it on record that her scores for The Housing Fellowship were not accurate, one complete section of her scores did not make it into the total, she did not score them at 174 it was more like 294 for the rental rehab. Vogel would make the argument of taking away all $300,000 of the City of Iowa City downpayment assistance and giving it all to UAY because it is a better use of funds. Reedus understands but that program is one of her favorites because it hits a population of folks that is have a difficult time finding programs. Vogel stated to him, it is similar to what they talked about earlier with senior citizens, which is they don't have a lot of programs come by here addressing transitional homeless youth, so it is tough for him to get behind giving downpayment assistance from the City to get a family into $180,000 home versus being able to possibly help 100 or more homeless teens every two or three years. Dennis noted the thing that really impressed her about the Iowa City, GreenState and Hills project is that both of those lenders have agreed to keep those loans in house at a 30-year fixed rate, which is huge. They are not going on the secondary market. That kind of private public partnership is just incredible. Dennis also stated she has said for many years she has an issue with the City staff applying and the same City staff reviewing and scoring their own application. Housing and Community Development Commission March 30, 2023 Page 9 of 13 9 Beining stated regarding the Iowa City, GreenState and Hills downpayment assistance project he had an opportunity to go and tour where those funds actually have been put into place and developed. And not to discredit UAY by any means, and although it was numerical a lower number of people that may appear to have been affected, the deep level of fulfillment that brought into their lives was very heartwarming to see. This project is also working somewhat in coalition to help rejuvenate some of those neighborhoods and he has seen firsthand just the amount of effort that they're putting into it and how that's changing the families. Krotz stated for the recipients of those loans there's a great feeling of permanency in their residence, because out in the rental market, trying to find places in Iowa City, is a horrible, horrible experience. She has been through it a number of times so she can see how families who do get this downpayment assistance can have this joy in their lives of knowing they're on their way to homeownership. Vogel wanted to clarify that in no way does he think the program is not great, his only concern was once again the fact that UAY is coming in with a program that addresses a very specific need they don't regularly address here. Whereas, in his many years on this Commission, he has seen a handful of downpayment assistance proposals come through and be funded. Beining wanted to clarify his previous point regarding the ripple effect, not having specific numbers but if they're allocating $300,000 and the median downpayment is $30,000, that's 10 houses within a community of perhaps 70 homes which really can make a difference. It’s a reinvestment into that neighborhood as a whole, rather than just into those individual homes. Reedus asked if this project was funded previously. Thul noted in the last round of funding, when they first did this project, the City received $128,000. They had asked for $300,000 but received partial funding. Kubly stated the new funds would allow that program to continue. Vogel stated the proposal was to fund 20 homes, the purchasers have to put in their own money. Reedus stated if they did 15 homes at $15,000 that would be $225,000, which could essentially give another $75,000 to UAY and she would support that. Eckhardt agreed noting creating non nonprofit housing has a longer-term effect on affordability and would support moving some over for that. Dennis asked with the downpayment assistance is there a resale agreement or deed restriction for the affordability. Thul confirmed that the affordability is usually 10 years. Reedus asked about UAY and noted their total budget was $800,000 but they were asking $400,000 from HCDC so did they get a $400,000 commitment from Housing Trust Fund? Thul stated there were no funds committed in the application. There were only pending commitments from other local funds. Dennis stated if they can't find an eight-plex, with the amount of money that they get, they might be able to find a four-plex or a duplex and at least they would be able to do something. Eckhardt noted right now it sounds like their housing has people paying out of the private market and essentially having this massive amount of overhead go to a landlord. So even if they can get a duplex with this money, they can house two people and not have to pay rent to a third party and that's going to decrease their overhead and improve their solvency long term. Reedus stated she likes the downpayment assistance program but also know there's a need for the transitional housing and HCDC has not funded this type of program in the past. Vogel noted if they do get the $400,000 from the Trust Fund and HCDC gives $110,000 theoretically, they would make that building acquisition number they want. What they wouldn't have is the ability to renovate Housing and Community Development Commission March 30, 2023 Page 10 of 13 10 that property and get it move in ready. HCDC could put $75,000 more towards that and even if they could do two or three units - they could come back for additional renovation money, but this will start getting people in and getting people assisted immediately. Thul clarified if they use federal funds for acquisition, UAY would need to move people in and be leased up within six months. If they were to buy something that needed rehab that wasn't going to pass inspection, that would be problematic. Vogel stated that it isn’t hard to pass a rental inspection. Thul responded that she wanted to state it for the record, so you know what you’re deciding. Dennis stated she feels that they need to look at the scores again. It is hard for us to see if it is going to cash flow without a pro forma. They are going to have to complete that before they get any money anyway, so I go back to the scores. Reedus agrees and wants to stick with the original decision. Mohammad suggested again to keep the downpayment assistance at $300,000 and giving the $110,000 to UAY. Reedus moved to recommend the following FY24 CDBG and HOME budget allocations to City Council. Vogel seconded the motion. A vote was taken, and the motion passed 8-0. Request Staff Recommendations HCDC Individual Score Summary March HCDC Meeting Recommendations Agency/Project FY24 Request Staff Score Staff CDBG Funding Rec. Staff HOME Funding Rec. HCDC Av. Score HCDC CDBG Funding Rec. HCDC HOME Funding Rec. Iowa Valley Habitat for Humanity - Downpayment Assistance $80,000 308 91%$0 $80,000 277 $0 $80,000 Shelter House - Facility Improvements $240,000 255 75%$110,000 NA 277 $120,000 NA DVIP - Shelter New Construction $350,000 279 82%$130,000 NA 274 $120,000 NA City of Iowa City, GreenState, & Hills - Downpayment Assistance $300,000 284 84%$0 $300,000 261 $0 $300,000 The Housing Fellowship - Rental New $200,000 275 81%NA $200,000 260 NA $200,000 Housing and Community Development Commission March 30, 2023 Page 11 of 13 11 Construction The Housing Fellowship - Rental Rehab $78,000 260 76%$0 $78,000 236 $0 $78,000 UAY - Rental Acquisition and Rehab $400,000 197 58%$0 $0 195 $0 $110,000 Total $1,648,000 NA $240,000 $658,000*NA $240,000 $768,000 *Staff recommended allocating balance of $110,000 in HOME funds towards general rental acquisition to assist at least one LMI renter household. AID TO AGENCIES (A2A) SUBCOMMITTEE: Reedus noted that the first meeting will be May 1, 2023. STAFF & COMMISSION UPDATES: Thul shared a copy of the City's new Strategic Plan with the Commission and noted City Council is doing an initiative to make sure that all boards and commissions know where they fit within the strategic plan. At the April HCDC meeting, Mayor Teague will attend and tell the Commission more about the plan. The recommendations voted on tonight will go into the Annual Action Plan and the public comment period for that will start Saturday, April 1 and run for 30 days. If anyone from the public makes any comments, staff will bring that to the April meeting. At the April meeting, the Commission will review and do the formal recommendation of approval for the Annual Action Plan. Kubly stated the second week in April is National Community Development Week and they typically do a proclamation at the Council meeting to acknowledge that. The next Council meeting is April 4 so a member of the Commission, typically the chair, will come to the Council meeting to accept that proclamation. Beining agreed to accept the proclamation. Kubly shared a copy of the 2022 Affordable Housing Action Plan update that just went to Council today. It's a progress update of the action items in the plan that came out last year. There was representation from the Commission on the Affordable Housing Steering Committee that drafted the plan. Kubly noted some highlights. They discontinued the Affordable Housing Location Model and because of that, they've been able to proceed with some of the HOME projects and it opened up more opportunities for rental acquisition. Part of the plan was a recommendation to provide greater transparency in the funding process, which this Commission is doing by looking at the scores and recommending funding based on scores. Vogel asked about the risk mitigation fund that Shelter House is going to be implementing it on behalf of the City. Do they know what their application processes be or what their guidelines are? He doesn’t know if they've got an actual plan in place yet, but when they do, is that something they will be sending out through Iowa City Housing Authority to private landlords to participate in? Kubly replied she believes that the initial eligibility is limited to nonprofits but that may be expanded in the future. Vogel noted it says the purpose was to incentivize private landlords to rent to households or individuals. He noted 40%-50% of his properties are currently HCV so it would be great to have a program like this that he could apply for. He was under the impression the risk mitigation fund was going Housing and Community Development Commission March 30, 2023 Page 12 of 13 12 to be meant for this because that's what they've been promising. Kubly will give Vogel an update when there is more information on this. Dennis shared an update that there is a statewide group called the Iowa Housing Partnership which is an advocacy group and is membership supported. They don't get any kind of funds because they do have a lobbyist and they do lobby. They send out regular legislative updates about pertinent legislation regarding housing in Iowa and information about rural housing conferences and state housing conferences and that sort of thing. ADJOURNMENT: Dennis moved to adjourn, Eckhardt seconded the motion, a vote was taken, and the motion passed 8-0. Housing and Community Development Commission March 30, 2023 Page 13 of 13 13 Housing and Community Development Commission Attendance Record 2022-2023 Resigned from Commission Key: X = Present O = Absent O/E = Absent/Excused ---= Vacant Name Terms Exp.7/21 9/15 10/20 11/17 1/19 2/16 3/30 Beining, Kaleb 6/30/24 X O/E X X X O/E X Dennis, Maryann 6/30/25 X O/E X X X X X Haylett, Jennifer 6/30/25 X X O/E O/E X X O/E Krotz, Karol 6/30/24 O/E X X X X O/E X Mohammed, Nasr 6/30/23 X X X X X X X Reedus, Becci 6/30/24 X X X X X X X Vogel, Kyle 6/30/23 O/E X X X O/E X X Eckhardt, Michael 6/30/25 ----X X X X X Patel, Kiran 6/30/23 ----------O/E X Prepared by: Erika Kubly, Neighborhood Services,410 E.Washington St., Iowa City, IA 52240(319)356-5230 Resolution No. 23-139 Resolution adopting Iowa City's FY24 Annual Action Plan which is a sub- part of Iowa City's 2021-2025 Consolidated Plan (City Steps 2025) Whereas, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit the FY24 Annual Action Plan as part of the City's 2021- 2025 Consolidated Plan (City Steps 2025)to plan the use of federal funds to assist lower income residents with housing, jobs, public facilities, and public services; and Whereas, the Iowa City Housing and Community Development Commission has held a series of meetings regarding the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME)funds for City of Iowa City FY24; and Whereas, the City has disseminated information, solicited public input, and held a public meeting on the FY24 Annual Action Plan; and Whereas, the FY24 Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto as Appendix B; and Whereas, the Iowa City Housing and Community Development Commission has recommended that Appendix B be approved; and Whereas, adoption of the FY24 Annual Action Plan will make Iowa City eligible for federal and state funds administered by the U.S. Department of Housing and Urban Development; and Whereas, the City Council finds that the public interest will be served by the adoption of the FY24 Annual Action Plan and submission to the U.S. Department of Housing and Urban Development. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City of Iowa City FY24 Annual Action Plan, containing the allocation of CDBG and HOME funds attached hereto as Appendix B, is hereby approved and adopted. 2. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the FY24 Annual Action Plan. 3. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City FY24 Annual Action Plan to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 4. The City Manager is hereby authorized to execute, terminate, or amend CDBG and HOME Agreements executed in connection with the allocation of public funds with sub- Resolution No. 23-139 Page 2 recipients, Community Housing Development Organizations (CHDOs), or other legal entities. Passed and approved this 2nd day of May 2023. c Mayor 75217),,_ Attest: I/ k 1 D v, , .c= X City Clerk City Attorney's Office — 04/26/2023 Resolution No. 23-139 Page 3 It was moved by Dunn and seconded by Alter The Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent X Alter X Bergus X Dunn X Harmsen X Taylor X Teague X Thomas INSERT Appendix B Appendix B FY24 CDBG HOME Persons/Households/j Project. Planned activities Award Award Facilities Assisted j Public Service Activities Aid to Agencies-Neighborhood Centers of Johnson County $ 64,000 NA 2,460 Aid to Agencies-DVIP $ 60,000 NA 1,002 Public Facility Activities Shelter House-Shelter Improvements $ 120,000 NA 950 DVIP-Shelter New Construction $ 120,000 NA 700 Neighborhood and Area Benefits Neighborhood Improvement Program $ 75,000 NA 300 Homeowner/Rental Housing Rehabilitation Comprehensive Rehabilitation $ 235,000 $ 90,000 22 The Housing Fellowship-Rental New Construction $ - $200,000 1 Iowa Valley Habitat for Humanity-Downpayment Assistance $ - $ 80,000 2 City of Iowa City,GreenState,&Hills-Downpayment Other Housing Activities Assistance $ - $300,000 20 United Action for Youth-Acquisition and Rehab of Transitional Housing $ - $110,000 1 Community Housing Development Organization Operations $ - $ 25,000 NA Community Housing Development Organization The Housing Fellowship-Rental Rehab Reserve Activities NA $ 78,000 1 Economic Development Economic Development Program $ 50,000 NA 2 Administration&Planning CDBG Administration $ 160,000 NA NA HOME Administration NA $ 59,000 NA Total $ 884,000 $942,000 5,461 Prepared By:Erika Kubly, Neighborhood Services Coordinator Reviewed By:Tracy Hightshoe, Neighborhood and Development Services Director Geoff Fruin, City Manager Fiscal Impact:$751,500 in FY24: $631,500 from the General Fund and $120,000 from Community Development Block Grant funds. Staff Recommendation:Approval Commission Recommendations:The Housing and Community Development Commission recommended funding for Legacy and Emerging Agencies on March 30, 2023. Attachments:HCDC 11.17.22 minutes.docx HCDC 1.19.23 minutes.docx HCDC 2.16.23 minutes.docx 2.21.23 work session memo Legacy funding.pdf HCDC 3.30.23 minutes.docx Resolution Exhibit A.pdf Item Number: 9.f. May 2, 2023 Resolution allocating human services Aid to Agencies funding for Fiscal Year 2023, July 1, 2023-June 30, 2024. Executive Summary: The City annually budgets financial aid to human service agencies serving Iowa City residents. In FY24, $751,500 has been budgeted through City general funds and Community Development Block Grant (CDBG) public service funds. Up to 5% of the budget can be allocated to Emerging Agencies and the remainder is made available to Legacy Agencies. At their March 30, 2023 meeting, HCDC recommended FY24 funding for Legacy and Emerging Agencies, which is Exhibit A to the resolution. Background / Analysis: Iowa City provides annual funding for operating costs of local nonprofits serving low-income residents through its Aid to Agencies (A2A) program. The program provides funding to both Legacy Agencies, as identified in City Steps 2025, and Emerging Agencies, which tend to be newer or less established agencies. Legacy Agencies submit applications through the United Way Joint Funding process, through which Johnson County human services agencies request funding from the United Way, Johnson County, and the Cities of Iowa City and Coralville on a single application. With the implementation of City Steps 2025, Legacy Agency applications are accepted every other year, with awards pro-rated for the second year based on the approved City budget. Emerging Agencies submit shorter applications directly to the City of Iowa City. In 2022, the Housing and Community Development Commission (HCDC) recommended and City Council approved three new Legacy Agencies through a substantial amendment to City Steps 2025, increasing the number of agencies eligible for Legacy funding from 18 to 21. The three new agencies are Center for Worker Justice, Dream City, and Houses into Homes. FY24 marks the first Legacy Agency allocation process that these new agencies were eligible to apply for. Legacy Agency funding is set at a minimum of $15,000. Applications for Legacy Agencies were due on September 15, 2022. HCDC held a question and answer session with applicants at their October 20, 2022 meeting, developed an initial funding recommendation at their November 17, 2022 meeting, and made a recommendation to City Council at their January 19, 2023 meeting. At the February 21, 2023 work session, City Council directed HCDC to reconsider the Legacy Agency allocation without regard for late applications from Center for Worker Justice and Community and Family Resources. HCDC reconsidered their funding allocations at the March 30, 2023 meeting and voted to maintain the recommendation made on January 19th, which did not fund Center for Worker Justice or Community and Family Resources. Center for Worker Justice was not recommended for funding due to other funding provided through sources such as ARPA, services proposed for residents outside of Iowa City, and proposed lobbying/political activities that have not been historically funded with public service dollars. Commissioners also made an effort to be transparent in their funding recommendations and adhere to funding based on the application's score, with the highest scoring applications considered first. As such, Center for Worker Justice and Community and Family Resources received the lowest average scores on their applications and did not receive funding. Emerging Agency applications were due on January 30, 2023. HCDC held a question and answer session with applicants at their February 23, 2023 meeting and formulated a funding recommendation at the March 30, 2023 meeting. Up to 5% of the total A2A budget can be set aside for Emerging Agencies and awards can range from $5,000 to $15,000. For FY24, the budget was set at $37,575. Six agencies applied requesting a total of $79,000. Four agencies were recommended funding totaling $37,575. A summary of scores and funding recommendations are attached to this memo. Full applications can be found at www.icgov.org/actionplan. Funding for FY24 Aid to Agencies will be made available after July 1, 2023. FY24 Legacy funding recipients will automatically receive FY25 funding in a pro-rated amount based on the approved budget. City Audit Policy At the January 19, 2023 HCDC meeting, staff reviewed proposed revisions to the City’s local audit policy in response to concerns that the policy is burdensome for smaller agencies. This policy is applicable to Aid to Agency local funding recipients (both Legacy and Emerging) and may be applied towards other local funding grant recipients. The current policy requires an audit or review by an independent certified public accountant in accordance with Generally Accepted Auditing Standards (GAAS). The following requirements apply based on the agency’s total annual budget: Less than $100,000 – in house year-end financial statement signed by the partner agency director and board president. $100,001-$499,999 – review by a certified public accountant annually $500,000 and over – Audit level statement annually. Due to an influx of available funding throughout the pandemic, some smaller agencies have seen a short-term increase in their budget which requires a higher level of financial review based on our current audit policy. Agencies have reported that an initial audit can cost $10,000 which can be a financial burden if an agency does not otherwise need a full audit or if their city funding award is small. Additionally, if an agency’s budget fluctuates from year to year based on the receipt of funding, their audit requirement will change. In an effort to reduce unnecessary compliance requirements for our partner agencies, create consistency, and hold agencies accountable for their use of taxpayer dollars, staff proposes to eliminate the current audit policy and instead require copies of an agency’s tax forms (990) and a year-end profit and loss statement approved by the agency’s Board of Directors. If the agency is already receiving an annual audit we may request to review that as well. Staff feels this meets the original intent of the City's audit policy and is a predictable requirement that will not be a cost burden for any size agency. Agencies that receive federal funding (CDBG/HOME/ARPA) must continue to comply with federal financial management and audit requirements including 2 CFR 200 Uniform Administrative Requirements. Staff provided an overview of the proposed audit policy changes with HCDC but did not request a formal vote. The commission was supportive of finding alternative ways for agencies to report financial information in a cost-effective way and felt the revisions were adequate. MINUTES FINAL HOUSING AND COMMUNITY DEVELOPMENT COMMISSION NOVEMBER 17, 2022 – 6:30 PM FORMAL MEETING THE CENTER ASSEMBLY ROOM MEMBERS PRESENT:Kaleb Beining, Maryann Dennis, Michael Eckhardt, Karol Krotz, Nasr Mohammed, Becci Reedus, Kyle Vogel MEMBERS ABSENT:Jennifer Haylett STAFF PRESENT:Erika Kubly, Brianna Thul OTHERS PRESENT:Genevieve Anglin (UAY), Lucy Barker (Houses into Homes), Sarah Barth (CommUnity), Jon Brown (FLP), Crissy Canganelli (Shelter House), Charlie Eastham (CWJ), Scott Hawes (Habitat), Michelle Heinz (Inside Out Reentry), Kai Kiser (FLP), Talia Meidlinger (UAY), Amy Miller (CommUnity), Christi Regan (HACAP), Adam Robinson (RVAP), Nicki Ross (Table to Table), Mazahir Salih (CWJ), Mark Sertterh (Shelter House), Shel Stromquist (CWJ), Daleta Thurness (BBBSJC), Barbara Vinograde (IC FMC) PRESENT ON ZOOM:Kristie Fortmann-Doser (DVIP), Angie Meiers (CommUnity), Shelly Zabel (Community and Family Resources) CALL MEETING TO ORDER: Beining called the meeting to order at 6:30 PM. CONSIDERATION OF MEETING MINUTES: OCTOBER 20, 2022: Vogel moved to approve the minutes of October 20, 2022, Reedus seconded the motion. A vote was taken, and the minutes were approved 6-0 (Mohammed not present for the vote). PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: None. FY24 LEGACY AID TO AGENCIES (A2A) FUNDING DISCUSSION: Beining proposed that they look at the November HCDC funding template and start with the top scoring agencies based on the HCDC average scores and work down the list so they can fill in the funding as they go and come back through and make changes at the end as needed. He reminded the Commission that they are not actually voting on these today, however if they can come to a consensus that will make voting in the January meeting quicker. He noted that staff shared the November HCDC funding template, and it looks like the highest scoring agency was Shelter House. Beining noted for Shelter House it looks like they have 100% recommendation, and he feels that Shelter House has done a good job of fulfilling on their obligations. Housing and Community Development Commission November 17, 2022 Page 2 of 13 2 Dennis agrees and thinks going with the top scores is the best way to proceed as there seems to be consensus on several of the applications. She did have a question of if an agency minimum allocation has to be $15,000. Kubly said it is a policy as it's in the consolidated plan. Krotz asked for those that scored less than $15,000 do they get no funding then. Thul replied the Commission could choose to not fund them or could fund them the minimum award amount of $15,000. Reedus asked if they are allowed to spend over the recommended amount of $713,925. Thul responded that staff estimated the total pot and then took the maximum amount for emerging agencies of 5%, which came out to about $37,000. The last couple years, the standard pot for that has been allocated for Emerging Agencies has been about $30,000 so staff made recommendations with the Emerging Agencies budget at $30,000. This would free up some money for Legacy Agencies and make that total budget would be $721,500. Reedus remembers a funding round that they didn't spend all the money and questioned if that was Emerging Agencies where they didn't spend the entire $30,000. Kubly noted whatever they don’t spend on Emerging Agencies goes to the Legacy Agencies as a reallocation of that funding which can be done if they want to spend less on Emerging Agencies. Vogel noted his recommendation is if an agency is in the 90+ percentile, they fund them completely, and everybody below 80%, give them the bare minimum. Everybody else in between he allocated from the standard deviation of what he got on the mean, which is about 82% so those get funded at 82% of what is requested. Reedus stated she believes the problem is the application itself and that the application is so flawed and until they correct that it makes this process difficult. A few months ago, the Commission went through the application, there were very few recommendations to change, a lot of agencies cannot provide demographics, because of the way they are set up, etc., and the application didn't get changed because the United Way didn’t change it. She also absolutely will not support increasing funding to an agency by taking it by taking away to another just because the score is higher, because she thinks that application needs a lot of work. Vogel noted every application deserves at least the bare minimum, they voted as a group to allow new Legacy Agencies in and so that will take from the whole pot of money. Reedus asked about the applications that were late, should they deserve the same allocations. Vogel noted he took into consideration if they were late and they didn't get high scores, but they still get the bare minimum. Beining doesn’t think tonight is a good night to refine the application. Reedus disagrees and feels she still has to give some consideration to the fact that the application process is flawed, because it does not allow all agencies to put the kind of information about services that they want to see and that's why they have to have the follow up questions. Using Table to Table as an example, they don't fit that demographic in terms of reporting their numbers, but they provided substantial information in follow up about their services. Reedus is not going to give them low scores because they couldn't fill out that application because of the way that it's set up. The application is set up so that everybody can't report accurately. She will not use the application scores as 100% indicative of an agency should be receiving. Housing and Community Development Commission November 17, 2022 Page 3 of 13 3 Dennis understands the frustration about the application, but it is what they have to work with right now. HCDC can work on changing it in the future if we want. For those of them who've been involved in this process for some time it can hardly ever be 100% objective, people have different thoughts and different relationships with different agencies. It’s a hard process to do, but we have what we have and that’s what we need to work with. Mohammed agrees with Vogel on funding the lower applications the bare minimum amount. Looking at the other scoring criteria, an organization that joined as a Legacy, for example, doesn’t have more money to leverage for the project so will get a lower score. Also, on the experience, if they didn’t get funded previously by the City, they will also get a lower score and that will make it hard for the new organizations to get funded. Mohammed asked for an explanation on how the leveraging funding formula works. Kubly stated they looked at the amount they're requesting and the total budget and what percentage of the total budget they are requesting, assuming that all the other funds are being leveraged for this program. She noted the way it's scored there wasn't a lot of difference amongst agencies. She believes most everyone got the same score because everyone is leveraging quite a bit of funds. Thul confirmed. She believes the only agency that did not receive full points on this was Inside Out Reentry because the percentage that they were asking for was a high percentage of their budget. Dennis noted if they look at the total HCDC average funding recommendation, they are under budget so there is some money to work with, not a lot, but they could get the new Legacy Agencies at least up to the minimum and still be within the budget. Reedus noted she would like to draw attention to four organizations, comparing two at a time. First Big Brothers Big Sisters and Dream City and the number of clients that are served. Big Brothers Big Sisters has 120 clients and Dream City has 160 clients so she thinks that their allocation should be somewhat similar. She feels the allocation for Dream City should be increased to $25,000 to put them more in line with Big Brothers Big Sisters, because they’re serving more clients. The other area she has a lot of concern with is the whole food insecurity issue and they have two organizations that are providing meals, one is Free Lunch Program and also Meals on Wheels. With the Free Lunch Program, it is hard to figure out the demographic information, but they serve an average of 92 plates of food a day, six days a week, 52 weeks a year. Meals on Wheels (Horizon) are serving 177 individuals in Johnson County four meals a week and the allocation is so different in terms of how much money so she changed them and did lower Free Lunch Program because basically some agencies are getting too high a percentage of their budget and they need to lower that a bit, so she recommends $18,000 for Free Lunch Program and doubled that for Meals on Wheels to $36,000 but couldn't see giving Meals on Wheels more than that. It costs $8 and something per meal to make half of it is refunded from the Older Americans Act, but it's still a unit of service. She thinks it behooves them to take a look at what they're purchasing a little bit with some of these organizations that are providing similar types of services, or their output is somewhat similar. Dennis noted there are six applicants or agencies who have the same funding recommendation as the HCDC and staff so perhaps they start with those. Dennis noted regarding Free Lunch Program and Meals on Wheels she thinks there's a big difference. They both serve provide a valuable service, but the difference is that with the Free Lunch Program people have to get there themselves and Meals on Wheels on the other hand, has to have the transportation to deliver the food and they talked about in their application the ability to do a quick welfare check when delivering the food. There's transportation involved in Meals on Wheels and logistics that that are different than the Free Lunch Program. Housing and Community Development Commission November 17, 2022 Page 4 of 13 4 Reedus acknowledged that and noted they both they a volunteer element to it, because the Free Lunch Program reduces some of its costs by food that's donated and through the volunteer teams that cook for them. But for 177 residents, their request is $47,000 and she doesn’t know how they can justify that. Vogel notes he was at $38,000 so a little lower on his. Beining asked if the group would entertain $38,000. Reedus noted these are not written in stone yet. Reedus noted these numbers are the starting numbers, what they're receiving now is in part because the housing commission a few years ago funded requests, some agencies request the lot more some agencies didn't, because they didn't think they could get it. Therefore, she doesn’t think the starting point is necessarily a good number. She looked at the services they provide to the community and compared them. How else could she do it when two organizations are providing similar types of services. I think the starting point is wrong. Beining suggested starting with $38,000 for Horizons and making adjustments from there. The Commission discussed some of the initial scores and allocations. Reedus states that Free Medical Clinic that is an organization that does something that nobody else does and can't really compare them with another organization. They do a good job and are very frugal. Dennis agrees. Eckhardt believes that it's valuable to point out that some of these agencies are comparable to other agencies and it's important to consider what needs are only being met by one agency that's on this list. So, for instance, there's nobody else providing medical care so he feels they shouldn’t reduce their allocation. Beining suggested they take some of the excess funds and bump them up to about $40,000. Others agreed. Beining moved next to Table to Table. Currently an allocation of $38,000, their request was $45,000. Reedus supports giving them $45,000 because they are facing a food crisis coming up. Additionally, they can't increase Communities because she believes they probably made an error in their request and requested an old number. Table to Table provides to 30+ organizations in Iowa City with food. They rescue food and get it out to an organization right away that further reduces waste. They have adapted their model, so that they can rescue large quantities of food, which is extremely important. For every organization that they deliver food to it saves that organization money and they have a small budget, and their fund balance is declining. If they were to cut funding to them, as Vogel did, it could easily cost them. to result in them getting less food. Vogel explained that he feels he had to have a baseline and said if they can’t give the demographics then he felt he looked at it completely objectively and numerically based on the information provided. Vogel has no issue with the other recommendations. Reedus says she is not calling Vogel out, except that if they were to cut them as he suggests, they could easily lose a position, which means it's going to have a bounce effect to 30+ organizations in Iowa City, and it's going to result in them getting less food. Would like to propose full funding. Vogel understands and stated his only issue with that is it's a 27-28% increase from the previous year. Additionally, if Reedus wants to compare agencies, if they compare Table to Table to Horizons Meals on Wheels, why wouldn't $38,000 be equitable for both? $45 is a big bump especially when as Reedus said, it takes money from someone else. Housing and Community Development Commission November 17, 2022 Page 5 of 13 5 Reedus suggests Vogel is selectively hearing what she is saying. She will not take money away from another organization just to give someone else more money. There has to be a reason to cut funding. Reedus noted Table to Table has rescued 2 million to 2 ½ million pounds of food and that also has value. Vogel doesn’t disagree but just noted that 27% is a big bump. Reedus doesn’t think so and would like to allocate Table to Table $45,000. Dennis thinks they should leave them at the $38,258 with is 85% of the request. Vogel suggested they allocate $40,000 and see how that fits in after everything else is discussed. Beining agreed with Vogel. Next discussed was Big Brothers Big Sisters, Beining asked if Commissioners were agreeable to $27,125 which is what they requested. Dennis suggests $27,125. Beining and Vogel agree. Reedus can’t talk about Big Brother without talking about Dream City. Dream City allocation is only $15,000 and doesn’t agree with Big Brother Big Sisters when Dream City is only at $15,000. She suggests the group can move on but doesn’t want it so sound like she is in consensus. Beining moved on to Habitat for Humanity, it looks like the Commissioner’s average came in a little under staff at $27,029 and is there a consensus on that allocation. Commissioners agree with the HCDC average. Next discussed was 4 C’s and Beining noted a little bit more of a variation between staff and Commission’s amounts. 4 C’s request was $30,000, staff allocated $28,044 and the Commissioner’s at $24,915. Reedus asked what 4 C’s was allocated this year. Vogel replied $26,709 which would be a reduction. Reedus is concerned because childcare is one of the huge issues and she is concerned about cutting them. Beining proposed they bump them up to $26,000 to help alleviate some of that variance between the Commission recommendations and staff as well as match what they had last year so that they're not bombarded with a reduction. Vogel noted this is another situation where there are not a lot of childcares at least on of this list of agencies, and 4 C’s is the only one that in his line of work he’s dealt with regularly as far as trying to get affordable childcare in homes around the City. He would argue they are a provider that is providing a unique role and would hesitate to take them to give them less than what we've given them in prior years. He is actually okay with staff’s recommendation on this one. Dennis asked if the City's ARPA funding budget included childcare. Kubly stated there's a portion of the business development that she thinks will incorporate childcare but that hasn’t been finalized at this point. Dennis noted the State just came out with their preliminary ARPA funding administrative plan and considerable amount is available for childcare but who knows when that funding will be available, it could be another year or two. She is fine with either giving them to what they received last year or what the staff recommendation is, which is higher than last year. Reedus would like to do the staff recommendation, she does not want to give them a cut. She agrees it's a unique organization and cutting support to childcare right now just doesn't seem like the wisest thing to do. The Commissioners agrees to an allocation of $28,000. Beining next moved on to Aging Services (formerly known as Pathways), the Commission average is $23,000, the agency requested $27,000 and staff recommended $27,000. Reedus wished they could find out if they're receiving regular funding from ECR. When she looks at their budget, she notes they really aren't an organization that raises money and are consistently spending under their revenue. One of the questions she has is with their East Central Mental Health region this year they got about $29,000 and in FY 23 they got $26,000 and should the City really be funding them if they're getting money from the Housing and Community Development Commission November 17, 2022 Page 6 of 13 6 region. City funds should not be used to build a fund balance, they should be used to provide services to residents. Vogel noted in that regard, this is 1% of their budget, they are not dependent on City funds to maintain services. Reedus noted in FY21 they had $12,000 revenue over expenses, FY22 they had $64,000 revenue over expenses and this year FY23 they have $35,000 revenue over expenses. It's one thing if they're raising money and building a fund balance, but this is different. Krotz agreed it is concerning that they're not using all of their money every year which does pose the question should the City be giving them money. Reedus asked if they can find out, noting that some ECR money is ARPA money, but otherwise she is going to recommend the flat minimum of $15,000 and could go to zero easy. Vogel would be comfortable with the $15,000 from the standpoint of having the concept of a Legacy Agency in place and not doing a minimum. A Legacy Agency has gone through the process, a commission and the staff said yes, they have long standing relationships with the City, and they have long since relations the County, giving them $15,000 minimum keeps them in that Legacy status. However, in a time where they are dealing with adding five agencies and having a smaller pool for everybody, it makes sense that somebody like Aging Services maybe doesn't need the funding as requested to get through this year so he would be comfortable with the $15,000 minimum funding for this year. There was agreement for $15,000. He would not be comfortable with zero. Several agree. Eckhardt stated he can stand behind that recommendation but wanted to generally say on some of these he has concerns in general about radically cutting budgets that have been consistently given because it is his understanding this is supposed to be a consistent revenue stream for these agencies. He did acknowledge he is not particularly as concerned about it in this case because it is such a small percentage of their budget, and it is like they are putting money away, and there's other agencies that it seems need this money more. Dennis suggested they could put $15,000 on every remaining applicant then they would have $7,970 to spend to still be within the budget. Houses into Homes requested $15,000 which is the minimum. The commission average was $10,000 while the staff recommendation was at $15,000. Dennis noted they can’t have $10,000 and the minimum would need to be $15,000. Mohammed asked why they can’t get $10,000 when another organization can get zero? It doesn’t make sense. Reedus states she already clarified this before we even started this last month. They have to get a minimum of $15,000 if they are funded. Dennis is okay with $15,000 and the group agreed. Dennis suggested they take out Community and Family Resources (formerly known as Prelude) and put them at zero, Reedus agreed and noted half of their application was for something that isn’t funded under this process, repairs, and the other half was for rent which is being funded through another organization. Additionally, it was a late application, and she doesn’t feel they should be funding late applications. Krotz agrees with that. Reedus feels they need to draw the line somewhere. Housing and Community Development Commission November 17, 2022 Page 7 of 13 7 Dennis also agreed with upping RVAP, they requested $30,000, staff recommended $28,000 and the Commission average was $26,500. Last year they got $26,700. The decision was to put the allocation at the $28,000 staff recommendation. Vogel would bump them up if there is extra money at the end. Inside/Out has requested $45,000, the Commission average is at $31,500 and staff is at $40,000. Reedus noted this is a really tough one for her because the cost per Iowa City resident is huge. She also has difficulty with the fact that half of the services are provided to Coralville residents. She would recommend the lower amount for funding and would support the lower amount of $31,500. Vogel had the same concerns, because it is a small number however at the same time he understands where those numbers come from because people coming back from incarceration with nothing. The question about the Johnson County/Iowa City thing is tough because he doesn’t really understand when someone's getting out how they're determining where they're choosing to live because they could fund this and theoretically no one wants to come back and live in Iowa City. Also last year they were allocated $42,000 so $31,000 is a big drop, that's 50 people or so that don't get served next year that got served this year, this funding is 20% of their budget. Krotz asked if they get funding from other municipalities. Reedus replied not really and also noted their expenses were interesting because they have that other line item in there that was $340,000 and that's their home that they've gotten funding for. If they back that out, because that's not ongoing expenses for them, they are closer to a $160,000 budget, of which Iowa City is paying a third of. She feels they have to draw the line and say that organizations have to diversify their funding, whether it's through fundraisers, special events, or something else. Vogel noted there is no harder funding to get than for ex-cons. Reedus agreed although said maybe drug addiction is just as hard. Reedus states she knows what is easy and what is hard. Fundraising is hard but is Iowa City prepared to take on the lion's share of the budget? She just asks the question about whether or not Iowa City should be funding 33% of any program, it’s just it's too much money. The organization needs to see if there's community support for it and there's probably some way that they can raise additional money, it shouldn’t all be from Iowa City. Vogel also noted this agency has gotten zero money from Coralville. Dennis noted they have $39,970 left on the budget. Eckhardt again wanted to say that they do seem to be one of the only agencies that's providing this sort of service and the legacy aid to agencies is intending to be a relatively consistent source of funding. Also, the fact that Iowa City is a relatively large part of their budget and given they are local, and they are providing services to the region, which Iowa City benefits from, if they significantly cut that and that significantly cuts their total budget, that's going to significantly impact their ability to provide a significant amount of services which he believes are important. Reedus acknowledged what Eckhardt is saying but how can they justify funding that agency to 30% of their budget, it's just too much. Reedus suggests they get the Commission average of $31,500. Vogel noted that means 60 less people they can help in the upcoming year. Or Reedus countered, it pushes them forward to seek funding from someplace else. Maybe they will go to Coralville. Dennis noted sometimes the people who are leaving the prison system go to Shelter House, so there are other agencies giving these services. Vogel agreed. Eckhardt acknowledged that however also does think that this agency is also probably providing more intensive services than a lot of other agencies that are serving more people so what they're providing is going to cost more per person to serve as a result of what it is. Housing and Community Development Commission November 17, 2022 Page 8 of 13 8 Dennis says she goes back to the scoring then. Vogel noted the Coralville/Iowa City thing is really at the crux of it for him, because it is 104 Iowa City residents and 102 Coralville residences supported last year and they got zero money from Coralville and $42,000 from Iowa City which was 20% of their budget. He would hate to hit them with a 50% reduction in services for Iowa City residents though. Dennis asked if is it really fair, back to Pathways, that they get cut to $15,000 and Inside/Out Reentry who scored lower gets more money? Reedus feels the starting point is wrong. Vogel noted he also gave Inside/Out Reentry $15,000 on his scoring sheet because they were in that 70 percentile. Dennis stated it's hard to score these because it's not always perfect information, but they cut Habitat. Perhaps they could bump Habitat up to $30,000. For Inside/Out Reentry the determination was to give the Commission average of $31,000. Arc of Southeast Iowa bumped up to $22,400. Next to discuss HACAP, Vogel noted they all seem to agree they should be funded closer to the 100% ask which would be $27,500. This is for Head Start programming, and Reedus noted she appreciates that they have zero fund balance and spend what the City gives them. The Commission agreed to put them at $27,200 due to the score and that being the Commission average. Dream City, they asked for $30,000 and the Commission average was $15,000 as was staff recommendation. Reedus noted this is where she has some difficulty because as she said before they're very similar to Big Brothers Big Sisters, but they provide services to more kids. There score was low, and she wondered why they scored so low. Thul stated staff funded them at the minimum amount, some of the scoring was just lack of experience, the fact that they are a newer agency, and they haven't received Aid to Agency funding in the past. Reedus stated one of the problems that she had with the new agency applications were their outcomes, and if they didn't have outcomes they could share, so how to score them? Dennis is okay with a funding of $15,000. Vogel agrees and notes it is a 50% increase from what they got as an Emerging Aid to Agencies previously. Reedus recommended $25,000 for Dream City to be closer to what Big Brothers Big Sisters was getting, but she is okay with $15,000. Dennis proposed the remaining $3,000 to Free Lunch. Reedus disagrees. The Commission moved on to discuss Free Lunch Program, Center for Worker Justice and Community and Family Resources. Reedus asked why are they recommending zero for a Community and Family Resources? Vogel states he thought it was because Reedus said they were five minutes late on their application. Reedus wanted to hear from others. Housing and Community Development Commission November 17, 2022 Page 9 of 13 9 For the Free Lunch Program, Krotz supports giving them the rest of the funding. Eckhardt agrees noting that would put them very close, basically right up to where the staff recommendation was. Reedus noted it’s been a problem for years that agencies that score low get higher funding. Dennis stated for Community and Family Resources the reason she thinks that it's okay not to fund them is because it's a pretty recent merger with a much larger agency and they have to get their feet on the ground. Reedus agreed and noted another thing that concerned her was she looked back at the previous requests, because they were saying they were 1 million or 2 million in the hole and it was a result of the merger, but Reedus found nothing when she went to GuideStar and looked at 990s for Prelude, she saw no deficit like that. Additionally, there was no deficit projection in the previous application for Legacy Agencies, so she thought that the financials were wrong. Plus, they are asking for housing and that was being funded elsewhere, the rental deposits, also they were a late application. Vogel wanted to discuss the Center for Worker Justice, he understands the late thing, there was a technical issue or whatever it was that that caused them to be late, and there was an explanation for that because they had to call United Way and United Way had to fix it. He also feels that the Center for Worker Justice is once again an organization that is doing work that isn’t done by anybody else in town, translation services, and working directly with providers from the private sector side to help immigrants. He does feel their ask of $45,000 is a big ask and he is not comfortable saying yes to that but does believe this is a new Legacy Agency and they do deserve the minimum. Krotz asked if they missed the deadline why HCDC would fund them. Reedus noted the bottom line is the application was late and it's not unusual in the funding world that if the application deadline is missed, they don't get funded. That's a hard fast rule with a lot of organizations. This would be giving the Center for Worker Justice special treatment that they shouldn't get. She totally supported them getting Legacy Agency status, she supports the organization, but bottom line is they were late in applying and she believes that they should not be eligible for funding because of that. Reedus states if they are trying to do this at the 11 th hour that they are going to have problems and they did go to the training from United Way. Vogel says that if it is your first time filling one out you might not know all of that. Vogel stated he couldn’t get his scores on time either so should all of his arguments be thrown out because I was late? No. The answer is discussions can still be had. Reedus worked really hard to get her scores in and she thinks it comes down to the bottom line. If you miss the deadline you don’t get funded. Funding this is giving CWJ special treatment, and they should not be eligible. Krotz asked if they were late because United Way hadn’t completed their piece of the puzzle. Reedus responses that 30 other organizations got their applications in on time. Krotz doesn’t understand why they wouldn’t work on it early. Vogel said you are making an assumption that they didn’t work on it early. Dennis comes back to the scores. It’s disheartening when agencies work hard and get high scores to get cut when a low scoring application gets more. It’s not fair. Vogel doesn’t think that is what is happening. Mohammed supports CWJ and feels they are a unique organization. They are assisting marginalized people and immigrants. Housing and Community Development Commission November 17, 2022 Page 10 of 13 10 Krotz doesn’t understand why giving CWJ $0 is a problem when that is what they are doing for Community and Family Resources. Overall, the Commission decided, with objection from Reedus and Krotz, to give the Center for Worker Justice $15,000. Next discussion was on Neighborhood Centers, Dennis noted they have a huge score. Reedus agreed but stated it looks like they have traditionally underpaid their employees, and she supports raising employees’ wages, but noted they've got quite a fund balance. They have already been moved up quite a bit in funding and she is concerned. Reedus propose to move Dream City to $25,000 and reduce the Emerging Agency pot leaving $24,300 as the Emerging Agency budget for this year instead of $30,000. The Free Lunch Program recommendation is $15,000. Horizons is $38,000. Vogel noted he feels RVAP is lower than he'd like but once again there's a point where they just keep taking out of the Emerging Agency pot. Dennis suggested they could follow the rule that late applications get nothing and take the $15,000 from the Center for Worker Justice. However, she feels the Community Family Resources application had so many more concerns other than just being late, and she also accepted the Center for Worker Justice explanation of why it was late. Thul noted in January the Commission will vote on the recommendations. Dennis reminded everyone that these are just recommendations from HCDC, and the Council can change it. Reedus confirmed although this is usually unlikely. A majority of HCDC is in agreement with the current recommendations with two expressing opposition (Reedus and Krotz) to the late applicants receiving funds. CONSIDER APPROVAL OF FY24 CDBG/HOME AND FY24 EMERGING AID TO AGENCIES (EA2A) APPLICATION MATERIALS: Thul noted the applications are due January 30 and this process opens at the end of December, Reedus noted she had not had time to review these application materials as they had so much on their plates with the Legacy Agency application reviews. She suggested they do something about scrunching everything in at one time because it's impossible to do a good job. Thul explained that normally the schedule is a lot lighter in November, because they don't have the Legacy Aid to Agencies every year. This year was heavier than normal. Beining asked the Commission members if there are any requested changes on the FY24 CDBG/HOME or FY24 Emerging Agencies application materials. Dennis noted on the application, the applicant has to report the AMI they're using and whether or not the recipients of the project would be below 80, below 60, or below 30. She stated it used to be that if an applicant said they were serving people between zero and 30% AMI the City was going to monitor that Housing and Community Development Commission November 17, 2022 Page 11 of 13 11 they stuck to that, is that still the case. Thul replied the reporting requirements are different based on the funding source and project, but people still have to report their beneficiaries. Dennis stated it used to be on this City application, which was more restrictive than the HOME and CDBG rule, that everybody on that project had to be under 30% to get the City money and is that still the case? Kubly replied it depends what they write into the agreement, it might vary based on what type of project it is. For example, it they say that they're doing two unis under 30% AMI and two under 50% AMI, the City would probably write the agreement for under 50% AMI for simplicity. Dennis noted however there is a score on that, they get a higher score if they do 30% AMI or below and it’s very hard for HOME projects to do that. Thul acknowledged that used to be more of an issue with the old scoring criteria, before it was revised, and this question previously could really sway a project score. Now they get the additional points, but it's not the only determining factor of who might get funding overall. Dennis noted if it's a HOME, a rental project, and somebody moves in and they're under 30% AMI and in the next year they get a job and then they're between 51% and 60%, if the City said they have to have everybody under 30% then either the project's out of compliance or the people have to move, but the federal government says they can stay. It gets a little bit wonky because they get a lower score if they say everybody's going to be below 80%, because 30 is below 80. Reedus stated based on the application process that they just had, they talked about leveraging money, and could staff identify some areas of the application that they might want to give the Commission some training on at the end of the meeting so that they can come closer to scoring everything appropriately. Thul stated the CDBG, and HOME applications are pretty different, when they do the CDBG and HOME rounds they do the staff summary sheet and will usually write out the calculation of leverage for the Commission. The reason they didn't do that on the staff summary sheets for the Aid to Agencies was because the scoring criteria left discretion in there for commissioners to determine if they wanted to score in a different way. Thul also noted a couple of other things that have changed this year. Staff did try to simplify questions if they felt like they were duplicative, so people aren't answering the same question twice in different spots. Another change was the Affordable Housing Location Model is no longer applicable so that's something that has changed in the applicant guide. Kubly explained the Affordable Housing Location Model was rescinded by Council and applicants no longer have to comply by that. Thul added that they did add a question that came out of the Affordable Housing Action Plan last year, where one of the City's goals is to encourage the distribution of housing and residential facilities throughout all neighborhoods in Iowa City, so what they plan to do is provide a heat map of where there is existing subsidized housing, it's not exact, but if there's clusters it would reflect that. Dennis noted she is really glad that the map is gone but asked if somebody does a Low-Income Housing Tax Credit project and wants City HOME funds to do a pretty big multifamily project, then the heat map is going to get hot in that spot, so is that going to have an impact on anybody else for the next time. Kubly replied no, it's not like the Location Model where they are prohibiting housing anywhere, an applicant might just get extra points if that if the location that they're choosing does not have any other affordable housing, it's more of an incentive rather than prohibiting locating projects in certain areas. Krotz asked when they keep talking about affordable housing and location maps, is that determined by who applies for tax credits, or who determines what places are affordable. Kubly said they are looking at housing that is subsidized by the City or through federal funding, and they are typically are monitoring those properties. Housing and Community Development Commission November 17, 2022 Page 12 of 13 12 Thul also pointed out one more thing that was added to the scoring criteria, two bonus points for applicants that are nonprofit housing developers in good standing. She explained that the change came out of the Affordable Housing Action Plan recommendations. Vogel made a motion to approve the FY24 CDBG/HOME and FY24 Emerging Agencies application materials. Dennis seconded the motion. A vote was taken, and the motion passed 7-0. STAFF & COMMISSION UPDATES: Thul noted in the packet there's a training opportunity for boards and commissions, it is a free training, online on Zoom, and it just talks about open meetings, open records, etc. Thul attended last year and would recommend it. ADJOURNMENT: Vogel moved to adjourn, Dennis seconded the motion, a vote was taken, and the motion passed 7-0. Housing and Community Development Commission November 17, 2022 Page 13 of 13 13 Housing and Community Development Commission Attendance Record 2022-2023 Resigned from Commission Key: X = Present O = Absent O/E = Absent/Excused ---= Vacant Name Terms Exp.7/21 9/15 10/20 11/17 Beining, Kaleb 6/30/24 X O/E X X Dennis, Maryann 6/30/25 X O/E X X Haylett, Jennifer 6/30/25 X X O/E O/E Krotz, Karol 6/30/24 O/E X X X Marilla-Kapp, Elizabeth 6/30/23 X O/E ******* Mohammed, Nasr 6/30/23 X X X X Reedus, Becci 6/30/24 X X X X Vogel, Kyle 6/30/23 O/E X X X Eckhardt, Michael 6/30/25 ----X X MINUTES FINAL HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 19, 2023 – 6:30 PM FORMAL MEETING THE CENTER ASSEMBLY ROOM MEMBERS PRESENT:Kaleb Beining, Maryann Dennis, Michael Eckhardt, Jennifer Haylett, Karol Krotz, Nasr Mohammed, Becci Reedus MEMBERS ABSENT:Kyle Vogel STAFF PRESENT:Erika Kubly, Brianna Thul OTHERS PRESENT:Genevieve Anglin (UAY), Lucy Barker (Houses into Homes), Crissy Canganelli (Shelter House), Charlie Eastham (CWJ), Missie Forbes (4Cs), Christi Regan (HACAP), Adam Robinson (RVAP), Nicki Ross (Table to Table), Jennie Schmidt (Free Medical Clinic), Mazahir Salih (CWJ), Daleta Thurness (BBBSJC), PRESENT ON ZOOM:Kristie Fortmann-Doser (DVIP), Michelle Heinz (Inside Out Reentry), Kai Kiser (Free Lunch Program), Shelly Zabel (Community and Family Resources), Barbara Vinograde (Free Medical Clinic) RECOMMENDATIONS TO CITY COUNCIL: By a vote of 7-0 the Commission recommends the following FY24 Legacy Aid to Agencies budget recommendations to City Council (see page 9). CALL MEETING TO ORDER: Beining called the meeting to order at 6:30 PM. CONSIDERATION OF MEETING MINUTES: NOVEMBER 17, 2022: Reedus moved to approve the minutes of November 17, 2022, Dennis seconded the motion. A vote was taken, and the minutes were approved 6-0 (Krotz not present for the vote). PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: Shelly Zabel (Community and Family Resources) stated they had a merger and Prelude and Prelude came under Community and Family Resources on July 1st. At some point she would like to come back and make a more formal presentation but at this time wanted to let them know some of what the merger has entailed. Both agencies provided similar services and had been able to streamline management which provided cost savings to both agencies. They are looking at the strengths from each side and trying to move forward implementing different processes that maybe Prelude did a better job of than Community and Family Resources did so they can learn from each other. While this merger just happened in July, they actually had begun the process of providing consultation services back in September 2020, right after the pandemic began as it was also at a time that the agency director for Prelude was beginning to contemplate retirement. Zabel noted those were some of the reasons for merger and will be happy to come back and do a more formal presentation in the future. Housing and Community Development Commission January 19, 2023 Page 2 of 9 2 DISCUSS FY24 LEGACY AID TO AGENCIES (A2A) FUNDING AND CONSIDER A BUDGET RECOMMENDATION TO CITY COUNCIL: Dennis went back and read through everything again, including the staff comments and recommendations and thought about some of the discussion last time regarding applicants that are late and when their scores are pretty low. Dennis feels they may want to talk a little bit more about not funding Community and Family Resources or not funding Center for Worker Justice because some of the agencies did get cut. Reedus feels that allowing late applicants to compete and to get funding is unfair, especially when the application deadline was clear. She acknowledged they may have had technical problems, but she really believes what happened is that they ran the clock down too far and did not leave enough time to get it in. In the past if they didn’t get it in at five o’clock, they’d have to call and have it accepted. She acknowledged that part of the response from the agencies was it took them some time to get a hold of the person, because there are probably a number of agencies trying to get some assistance at the last minute, but that still doesn't change the fact that they were late. If there were real technical difficulties in getting the application submitted like loss or power or their computers went down, they should have called. So again, she does not think it's fair to any of the other applicants if they allow late applicants to be able to continue to compete for funding. {Krotz joined the meeting} Dennis noted again, she went back and looked at the scoring and they have a cluster of scores from 82 to 87, and there are several agencies that were cut. They need to be totally equitable and have a rationale of how they decide these things so she would put Center for Worker Justice back to zero. Krotz agrees and also had been troubled a little bit the past couple of months with funding Center for Worker Justice. It has nothing to do with anything other than the scoring not the late application. Going back and reading staff recommendations there were a number of things listed that supported their decision to suggest it not be funded and would ask the commission members to consider that also when making their decision. One example is them was asking for money for which the grant wasn't intended. Kubly believes that was one of the things Center for Worker Justice clarified later is that they wouldn't be using funds for things that weren't eligible for outside of Iowa City. Haylett was wondering - with the late applications could they just provide like a little bit more detail. How late it was and was it the case that they just didn't turn it in, and someone reached out to them, or what exactly happened in that situation? Thul noted these applications are accepted through United Way and not directly by the City. Two applications were submitted late, within 30 minutes of the deadline. The agencies stated they had technical issues and reached out to United Way. That's the reason that United Way accepted it. Mohammed thinks the applications being accepted means they should come to the floor for discussion. He doesn’t think it's that a technical glitch for about 30 minutes or so should void their status. Reedus stated they would then have to define what else can fall outside guidelines, is 45 minutes too late? Is an hour too late? Is midnight too late? What does an application deadline mean? Dennis noted they are still a Legacy Agency, so they'll come back every year. Additionally, they will also be reviewing the HOME and CDBG applications soon and a lot of the agencies that they're dealing with tonight will probably come in for an application for HOME and CDBG. That's a hard and fast rule from the City that they have to have them in on time or they're not considered. For this process, they can't do anything about what United Way does. Her biggest concern is cutting Habitat, Aging Services, RVAP and Horizons when they could use that $15,000 from CWJ and add more to them. Housing and Community Development Commission January 19, 2023 Page 3 of 9 3 Beining asked if they are suggesting they take away the funding from Center for Worker Justice and disperse it amongst the others, or would they like to honor the funding that they had decided in November? Reedus stated they have two options. Either they can disperse that $15,000 by taking it away from the recommendation of Center for Worker Justice, or they could also reach a little bit into the Emerging Agency fund. Beining would be a proponent of taking the funds away from the Center for Worker Justice allocation and dispersing them amongst the others. Dennis had suggested, possibly even utilizing the previous score rankings to come up with a distribution amount. Reedus suggested they break that down into first deciding on Center for Worker Justice, and then another decision separately on how to handle the $15,000 it if that passes. Haylett asked if the reason folks want to take the money from the Center for Worker Justice is the lateness only, or is it something in addition to that? Beining thinks it would be a good idea to take it away because as others have spoken - where do they draw the line of acceptable versus unacceptable on deviance from what the application says? So, it may be most equitable to consider it late, because it was late - even if it was minuscule and disperse it to those who were able complete the application on time. Eckhardt is a bit apprehensive about just removing their funding. The Commission agreed last time that the Center for Worker Justice is still sort of new to the process and they did have difficulties and they were not very late. Regarding exactly how late is too late, that's where a commission should be able to do - to make that judgment. If they could write down exactly rule for rule what to do in every single case, well, then they wouldn't really have a role for this commission. He is apprehensive about just simply removing the funding. He absolutely wouldn't give them more than the minimum right now but does believe that they provide an important service for the community. It would not be good giving them no funding. Dennis noted again that they can't control what the United Way does as far as accepting applications, but they can consider the City's policy about accepting late applications. Dennis is really concerned about applicants who scored very high and got cut. The Center for Worker Justice is still a Legacy Agency and they'll come back next year, so she votes to not fund them. Reedus wanted to clarify if they would be eligible for second year funding since Legacy funding is a two- year application. Kubly confirmed the year two allocations will be prorated based on FY24 allocations. Reedus stated that doesn’t change her mind at all and noted this is not a happy decision on her part as she advocated for them to become a Legacy Agency. A rule is a rule, and she will not be in favor of allocating Center for Worker Justice or Community and Family Resource Center any funding because of late applications. Mohammed is in favor of funding the Center for Worker Justice. Krotz is in favor of not funding them at this time for all the reasons previously stated and thinks that it not only amounts to fairness to the other applicants, but also fairness to all the applicants to come for the other grants that this Commission helps distribute. Haylett agrees that if they were in control of the applications and they were being submitted directly to the City with a firm deadline in terms of not accepting things late, then she would be for it. But because United Way accepted it and put it front of this Commission, that complicates things. She can imagine situations in the future where people would be late. They would not get the application and wouldn't even Housing and Community Development Commission January 19, 2023 Page 4 of 9 4 know that they were late because that message wouldn’t be conveyed. She is actually against taking away the funding. Kubly noted staff can see when an application was submitted because they are time stamped. When it was noticed they were late, staff reached out to United Way to ask about it and they stated there were technical difficulties, so staff accepted the applications based on the information from United Way. Beining noted that makes it four to three commissioners in favor of not funding Center for Worker Justice. Mazahir Salih (Center for Worker Justice) stated actually they were not late. They were ready to submit the application almost 10 minutes before the deadline, but it was not submitting. When it became like seven minutes left, she freaked out and called the United Way to ask what happened - they said sometimes, like when everybody is submitting at the same time, this happens. While she was on the phone with United Way, they suggested to get out and get in again and do this and do that, and then another person called because they have also had trouble submitting. Their application was ready to be submitted and they had been working all day long on that day to submit it. Again, she contacted United Way seven minutes before the deadline to get help and they told her it was definitely a technical difficulty. Beining finds it unfortunate but does still stick with his vote for no funding. Beining has noted four in favor to remove the funding and three in favor to keep it so now they have to decide how they would like to disperse the money that was allocated towards Center for Worker Justice, or if they would like to refill the Emerging Aid Agencies pot. Krotz would like to see it go back to the Emerging Agencies. Beining and Reedus agrees. Mohammed is in favor of putting the money back towards Emerging Agencies. He noted they have currently $24,300 in the emerging agency pot, if they put the $15,000 back in, they will go above the 5% and he is okay with that. Reedus asked if a Legacy Agency who receives zero funding in this process eligible to ask for Emerging Agency money. Thul stated she believes Legacy Agencies would be ineligible for Emerging Aid to Agencies funding. Reedus asked if that’s an actual rule that's written someplace, noting part of her problem with this whole process is she doesn’t know what the rulebook is. Kubly is unsure if it is written anywhere so if the Commission wanted to provide input on that they could consider it. Haylett asked what the Emerging Agency budget is for. Thul replied the Emerging Aid to Agencies budget can be up to 5% of the total Aid to Agencies pot, and that funding goes towards agencies who are not Legacy Agencies, so newer nonprofits. Emerging Aid to Agencies started around FY20 and in the last couple years it has been about a budget of about $30,000. Haylett asked if there is a deadline to apply for those funds, or is it a rolling thing? Thul explained the application opened at the end of December, and applications are due at the end of January. The Commission will be seeing those come through next. Dennis asked typically when the Emerging Agencies apply, is there money left over, or is there usually more asked for than they have to distribute? Kubly stated typically there are more applications than funding, but it varies by year and how much agencies will request is an unknown. All were in favor of replenishing the Emerging Agency budget with the money remaining from the Center for Worker Justice. Reedus motioned to make the following FY24 Legacy Aid to Agencies budget recommendations to City Council Seconded by Krotz. Passed 7-0. Housing and Community Development Commission January 19, 2023 Page 5 of 9 5 Reedus also would like to propose that they allow any agency that did not receive money to apply in the Emerging Agency funding round. Others agree. Kubly noted the applications for Emerging Aid to Agencies are due on Monday, January 30 at noon, and that they are available online. *Recommendations show a decrease in funding for CommUnity and UAY from FY23 to FY24. Please note this is due to a decrease in agency request. Agency FY23 Allocation FY24 Request HCDC Average Score Staff Funding Recommendations HCDC Funding Recommendations Change in Allocation from FY23 to FY24 Based on HCDC Recommendations Shelter House $90,810 $99,790 96 $99,790.00 $99,790.00 $8,980.00 Neighborhood Centers of Johnson County $58,759 $110,000 95 $70,000.00 $70,000.00 $11,241.00 CommUnity*$74,037 $69,086 95 $69,086.00 $69,086.00 -$4,951.00 Free Medical Clinic $26,709 $40,000 94 $34,954.00 $40,000.00 $13,291.00 DVIP $53,418 $60,000 91 $60,000.00 $60,000.00 $6,582.00 United Action for Youth* $35,256 $34,500 89 $34,500.00 $34,500.00 -$756.00 Table to Table $33,119 $45,000 89 $34,774.95 $40,000.00 $6,881.00 Big Brothers Big Sisters $26,709 $27,125 88 $27,125.00 $27,125.00 $416.00 Iowa Valley Habitat for Humanity $26,709 $30,000 87 $28,044.45 $27,029.00 $320.00 4Cs $26,709 $30,000 86 $28,044.45 $28,000.00 $1,291.00 Aging Services (Pathways) $26,709 $27,000 83 $27,000.00 $15,000.00 -$11,709.00 Houses into Homes $0 $15,000 82 $15,000.00 $15,000.00 $15,000.00 RVAP $26,709 $30,000 82 $28,044.00 $28,000.00 $1,291.00 Horizons $47,007 $47,007 82 $40,000.00 $38,000.00 -$9,007.00 Inside Out Reentry $42,734 $45,000 81 $40,000.00 $31,000.00 -$11,734.00 Arc of Southeast Iowa $21,367 $30,000 80 $22,435.35 $22,400.00 $1,033.00 HACAP $26,709 $27,510 80 $27,510.00 $27,270.00 $561.00 Dream City $0 $30,000 76 $15,000.00 $25,000.00 $25,000.00 Free Lunch $19,230 $25,000 72 $20,192.00 $15,000.00 -$4,230.00 Community and Family Resources (formerly Prelude) $42,734 $41,788 52 $0.00 $0.00 -$42,734.00 Center for Worker Justice $0 $45,000 52 $0.00 $0.00 $0.00 HTFJC $0 $0.00 NA NA NA NA Total $705,434 $908,806 $721,500.20 $712,200.00 HCDC - FY24 Legacy Aid to Agency Funding Recommendations DISCUSS CREATION OF A SUBCOMMITTEE TO REVIEW THE AID TO AGENCIES PROCESS: Beining stated this agenda item is to see if they have a consensus on willingness to create a subcommittee, and then to identify commissioners to serve. They may also want to decide how the reporting would be handled, how often they would meet, and how often they’d report to the full Commission. Dennis noted this was her first time to go through this process with Emerging and Legacy Agencies and feels there is a lot of confusion. Dennis thinks a subcommittee is a great idea. She does have one suggestion for the makeup of the committee, because these Legacy Agency applications go through the United Way, she feels it behooves them to ask the United Way to have a representative at these meetings because they've talked a lot about how the application needs to change, that they're not getting the information that they need to make good decisions. If a lot of agencies that fill out the United Way application are also filling it out for Legacy Agency money, it just makes sense to get them on board also. Krotz wondered if it is necessary for the United Way and this Commission to be joined on the application, or is it possible to sever that? Reedus noted this Commission went through the application and made specific recommendations for changes and that United Way didn’t want to make them all. She is in favor of splitting the process from United Way and doing their own application and process. Also thank you to Agency Impact Coalition for providing them with the correspondence regarding how this funding process began, back before the pandemic. It is was the result of some big changes made in the amount of funding that was allocated to the Aid to Agencies process. Those recommendations from the Agency Impact Coalition were spot on in terms of having site visits which would be beneficial to make sure that there's a flow of information of the successes to meet community needs, etc. Anyway, she is in favor of doing this as their own subcommittee of just HCDC, and once they're down the line and start talking about the application, if they want to include United Way in those discussions fine, but starting with their own subcommittee, with staff, HCDC members, and maybe a couple of representatives from AIC if people are willing to serve on the subcommittee. Mohammed is in favor of creating this subcommittee but would like to know more about the purpose on the scope of the subcommittee and what they would like to see on the application. Krotz motioned to form a subcommittee of HCDC to review the Aid to Agencies process. Seconded by Eckhardt. Passed 7-0. Next to decide on parameters, such as the how often they should report - are they reporting when they have a recommendation, or is it a report at every meeting? They should also specify exactly who is volunteering for that subcommittee making sure it is not enough to have a full quorum. Eckhart asked how often a subcommittee would meet. Reedus thinks that depends, her hope would be in 30 to 60 days to come up with a goal and a calendar or a timeline of activities. Reedus, Krotz and Eckhart volunteered to participate. Next to establish parameters around when they would meet, or when they would update. Or should they simply form the subcommittee and then figure that out at a later time? Reedus suggested deadlines are good. Why don't they ask for a for a report on timelines by the March meeting giving 60 days to get it together? Krotz asked how they going to include the other organizations in terms of their membership on the subcommittee? Housing and Community Development Commission January 19, 2023 Page 7 of 9 7 Reedus asked if they should ask two members or AIC to appoint two members to attend? Kubly noted not all of the Legacy Agencies that apply to this program are on the AIC, so how do they want to consider other agencies and their involvement? Dennis stated the subcommittee would also need to have minutes so all of the Legacy Agencies could receive the minutes at least. Otherwise, it's going to be a pretty big committee of everybody who could be involved, which is going to take more than 60 days. Reedus noted Adam Robinson and a couple other people from AIC are here so does he think it would that be sufficient for everybody if AIC reached out to all agencies and AIC will appoint a couple of representatives? Robinson agreed. Reedus volunteered to chair the subcommittee - to organize the meetings, and to keep the Commission updated on information. PROPOSED CHANGES TO AUDIT POLICY: Kubly shared that in about 2018, the City Council asked staff to come up with an audit policy for accountability with the agencies that they would be funding with public funds. The current audit policy is based on the agency's total annual budget. If they are less than $100,000, the City requires year-end financial statement signed by the director and board president. From $100,000 to $499,999, they require a review by a certified public accountant annually. If the budget is over $500,000, they would require an actual audit. Staff has been reviewing this requirement because with COVID funding, some of the smaller agencies are having a larger budget and that's triggering the audit requirement. There were some instances where maybe the City is only funding about $15,000 for their project and the rest is COVID funding or other funding. For these smaller agencies, an audit can cost up to $10,000 and so staff is feeling that this policy is going to be burdensome on agencies potentially. Staff is proposing to revise the policy and instead of the different levels of budget for all agencies, it will be the same requirements which would be to see copies of their 990 tax forms and then a year end profit and loss statement approved by the board. Many agencies already do audits and staff will be able to review those. To be fair to all agencies and not cause a financial burden, staff is proposing to Council to revise this audit policy. Reedus agreed it can be financially burdensome, however, is concerned about the plethora of differences that they get in the application process and wonders if the financials are correct. She is concerned, especially about the smaller agencies and their ability to provide accurate profit and loss statements. Maybe there is a way there can be some sort of fillable form or guide for some of the smaller agencies. Otherwise, she is in favor of the changes, although she does think audits are good. Dennis noted in her experience, audits are very expensive and if the revenue of a nonprofit is less than $50,000 in one year there's no 990. It’s just a postcard that is sent into the IRS. She feels it is good to get profit and loss statements, but thinks they should require a balance sheet as well. Dennis noted it's up to the boards of the nonprofit's because they're the ones that have the fiscal responsibility. If the nonprofit doesn't have the board capability to oversee their fiscal activities, then that would be a concern to even give them any money. Krotz stated 501 C(3) are required to have a board of directors. Reedus noted but that doesn't mean that they see their financials so again would suggest there will be the creation of a simple fillable form type thing. She likes the board approval as that was one of her recommendations during the process that they require a year-end financial statement that's been approved by the board, but she would also ask them to include a copy of their minutes that shows that the financial statement were reviewed and approved by the board. Housing and Community Development Commission January 19, 2023 Page 8 of 9 8 STAFF & COMMISSION UPDATES: Thul stated that they are now moving on from Legacy Agencies to the next funding round. At the end of January, the CDBG and HOME applications will be due. Those projects will be affordable housing and public facility projects. Additionally, the Emerging Aid to Agencies applications will be coming through for the newer nonprofit agencies. When staff receive those, they will send them to the Commission for review along with the staff review sheets. Staff review sheets will summarize things and help with calculations for the scoring. Thul also wanted to mention was there will need to be a slight adjustment to the timeline that was in the agenda packet. The March meeting was originally going to be on the fourth Thursday of the month due to spring break, but there's a conflict with the meeting space. There are five Thursdays in March, so staff is proposing to meet on March 30 instead. Commissioners agree. ADJOURNMENT: Krotz moved to adjourn, Dennis seconded the motion, a vote was taken, and the motion passed 7-0. Housing and Community Development Commission January 19, 2023 Page 9 of 9 9 Housing and Community Development Commission Attendance Record 2022-2023 Resigned from Commission Key: X = Present O = Absent O/E = Absent/Excused ---= Vacant Name Terms Exp.7/21 9/15 10/20 11/17 1/19 Beining, Kaleb 6/30/24 X O/E X X X Dennis, Maryann 6/30/25 X O/E X X X Haylett, Jennifer 6/30/25 X X O/E O/E X Krotz, Karol 6/30/24 O/E X X X X Marilla-Kapp, Elizabeth 6/30/23 X O/E ******* Mohammed, Nasr 6/30/23 X X X X X Reedus, Becci 6/30/24 X X X X X Vogel, Kyle 6/30/23 O/E X X X O/E Eckhardt, Michael 6/30/25 ----X X X MINUTES FINAL HOUSING AND COMMUNITY DEVELOPMENT COMMISSION FEBRUARY 23, 2023 – 6:30 PM FORMAL MEETING THE CENTER ASSEMBLY ROOM MEMBERS PRESENT:Maryann Dennis, Michael Eckhardt, Jennifer Haylett, Nasr Mohammed, Becci Reedus, Kyle Vogel MEMBERS ABSENT:Kaleb Beining, Karol Krotz, Kiran Patel STAFF PRESENT:Erika Kubly, Brianna Thul OTHERSPRESENT:Jude Abel, Crissy Canganelli, Jeremy Endsley, Hailey Franzen, Scott Hawes, Will Kapp, Jim Kringlen, Kathleen Meardon, Talia Meidlinger, Angie Meiers, Jamie Nguyen, Matt Olson, Adam Robinson, Bob Untiedt CALL MEETING TO ORDER: Dennis called the meeting to order at 6:30 PM. WELCOME NEW MEMBERS: Item postponed. CONSIDERATION OF MEETING MINUTES: JANUARY 19, 2023: Reedus moved to approve the minutes of January 19, 2023, Vogel seconded the motion. A vote was taken, and the minutes were approved 5-0 (Mohammed was not present for vote). PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: None. QUESTION AND ANSWER SESSION FOR FY24 EMERGING AID TO AGENCIES (EA2A) APPLICANTS: Community Transportation Committee Jeremy Endsley stated they have been in existence since 2015, they are a very small nonprofit and their annual budget is probably around a couple thousand a year. This application is for a project is to better quantify gaps in transit services for evening and late-night workers. This program is not duplicating any other group that exists. The service area is all of Johnson County and Endsley noted there was a transit study done by the City of Iowa City, but this study is focusing mainly on second shift workers, so it's a little bit more specific. {Commissioner Mohammed arrived} Reedus noted when she was still working, she attended a meeting that was called together by United Way about the lack of second shift transit and so she is concerned that a study has already been done. Housing and Community Development Commission February 23, 2023 Page 2 of 11 2 Endsley stated the representatives from other community organizations and entities that he’s talked to said that they do not have enough information about this and right now there's programs being developed that would benefit from this information so he believes that doing the survey would add to that and better quantify the need. Reedus noted they have an expenditure for $6,000 of purchasing bus tickets and asked how they will distribute those. Endsley stated those will be distributed to the participants of the survey, so if someone completes the survey then they'll get a bus pass. Eckhardt asked what other organizations they have reached out to who are saying they need this information. Endsley stated he is not representing other organizations, but he works with Kelly Schneider at the County and she's putting together a program to do after hours transit, and employment is part of that. Overall, they still don't have enough information on to quantify the actual need for the transit service, how many workers need this, which employers would like this, etc. They have talked to some employers but there's quite a few more that they could talk to. Reedus reiterated that what they want to do with the money is to study what the gaps are and then what? Will that information be publicly available? With the hopes of doing what? Endsley replied down the line they're also hoping to put together a transit program that will address some of the needs, and also there are other programs that are in development in the County and the City that this information will assist. Mohammed noted in the application it states this organization conducted similar survey in 2015, what were those findings and what was the recommendation at that time? Endsley stated in 2015 they talked to about 150 people, they went to Shelter House, the food bank, the North Liberty food bank, and the Coralville food bank and what they found was that late night and early morning was the hardest time for people to get to work, as well as Sunday, since there's no transit on Sunday. So, there's definitely a gap in that area. But at that time, they weren't able to put together a list of employers who also will note this is a big problem, to see how much of a problem. Doing this research will move them quite a bit forward to see how to actually serve more workers and more employers. He explained when planning a transit service, knowing how many people they're transporting is extremely important. For example, are there 15 people needing picked up at Procter and Gamble or 60 people? How many how many people can actually benefit from the transit service. Vogel asked from the 2015 research where they found gaps and issues, did any of the local public transport systems utilize that research to fix gaps that were found. Endsley replied unfortunately no and there's nothing existing that is serving late night and Sundays. Eckhardt mentioned the City did get some funding from COVID relief for late night and Sunday scheduling, so have they had any sort of coordination with the City regarding organizing that? Endsley stated there's a number of different types of transit service that are being considered such as extending the existing routes would be one option. Another option would be taking people directly from home to work with some type of shuttle service, and there were talks about taxis. Healthy Kids School Based Clinics. Dennis noted on the application it states they are the only free health clinic providing comprehensive primary care to children in the Iowa City area and asked if they ever partner with the Free Medical Clinic. Marguerite Oetting stated they do and since they've been in existence the pattern has generally been that the Free Medical Clinic refer kids to them, and they refer the parents of the patients back to the Free Medical Clinic. The Free Medical Clinic does see few kids in their evening clinics that they run with the volunteer providers, but they really try to keep that to a minimum and send most of the kids to the Healthy Kids School Based Clinics. Housing and Community Development Commission February 23, 2023 Page 3 of 11 3 Dennis asked about their budget. Jamie Nguyen (Program Clinic Coordinator) replied they attached their operating budget but what these funds would mostly cover would be taxies and expenses for labs. Iowa City Compassion Will Kapp (Global Food Project Manager) stated they are requesting money for personnel to create a new position that would be a volunteer coordinator and would work with all of the programs at Iowa City Compassion and also to provide equitable salary to the staff at Jabez Cafe as well. Reedus asked if the request for funds is for operational support and Kapp confirmed. Iowa City's Sober Living Kathleen Meardon stated this application is for funds to support the resident manager salary for six months. They are aggressively looking at fundraising grants, and then there is also the income that will be generated by residents within the home. They are establishing a fund from the residents to cover not only the house payment and utilities, but also the funds for the resident manager. Vogel asked if this is an onsite live-in resident manager. Meardon replied that is what they are looking for, somebody that will live within the home. This is for people coming out of treatment that need basically a step down before going home. The site manager will be similar to a house mom, but a little bit more involved as they'll need to be able to complete tasks such as urine drug screens. Meardon stated this is a very new organization, nobody has moved in yet, they haven’t purchased a house yet. They have the down payment for a house and have been looking at homes. They are hoping to be into a home in the next 90 days to six months. Regarding finances, Meardon stated they do have a matching grant. Once they get into the home, there's a matching grant that comes into effect and they will also be fundraising and grant writing. Reedus asked if the City is paying half the salary of this staff person, is it expected that half of the residents be Iowa City residents? Kubly replied that they don't have any specific criteria with Emerging Agencies. The purpose is to serve low to moderate income residents or to meet the goals of the City’s Consolidated Plan. They typically try to keep things within Iowa City with Iowa City residents, but don't have any strict criteria for this program. Meardon stated they could get referrals from any place to come and stay within the home but added the homes they have been looking at to purchase have all been within the Iowa City limits. Reedus asked about the first-year operations budget, outside of the building. Meardon noted Merrilee Ramsey submitted the application but could not be here this evening, but she believes it stated start up to get the home up and running. Dennis asked about when the people move in, are they going to have a lease for a certain time period? Meardon replied it won't be a lease per se, it will be a month-to-month commitment with the hopes that people choose to stay at least a year, but not everybody is willing to do that. The other part of that is if somebody does relapse or use again, that may preclude them from continuing within the home, so they have set up steps to assist with that. Reedus asked what led to the need for this facility and how is it different than the agency formerly known as Prelude. Gardner replied she is not familiar with Prelude. She used to work in this field as an RN, she also is a person in recovery and what started this was other women in recovery that came together and realized that there is not a facility of this nature within the Iowa City area. She is not aware if there's one in Johnson County, but believes there's one in Columbus Junction that just started within the last six to nine months that provides this sort of step-down care from a treatment facility to home. Housing and Community Development Commission February 23, 2023 Page 4 of 11 4 Reedus stated she is trying to figure out if they've studied and determined that this service isn’t provided in the community because Prelude, now known as Community and Family Resource Services, is an agency that does have transitional housing. Meardon reiterated she is not familiar with Prelude but does know there isn't a facility like this in Johnson County, the transitional housing she has known about have all been corrections based or mental health care based. This is for people coming out of treatment and looking for support by going into a sober living facility, the success for one year of sobriety increases from 20% to 80% with this type of step-down care. Vogel noted in the application it was noted that Community and Family Resource Services was supporting them in their efforts to open this house, there was a list of local organizations that were supporting them in the process. Mohammed noted from the supporting materials, the failure rate on this program is very high and 80% of the people who recover will go back again to use the substance so how do they measure the progress on the program? Meardon stated what Sober Living provides is a household that is all recovery base, basically it's a sanctuary with no drugs or alcohol on site. There's also a support system in order to find employment if needed and the ability to seek treatment and have sober coaches. One of the things within the recovery community is a 12-step based program and that will be part of a requirement to stay within the facility. All of those things increase an individual's success. Iowa Legal Aid Vogel stated that this is basically an application to pay lawyers. Jim Kringlen conformed and continued that they are the best lawyers that money can buy and happen to be among the lowest paid, but Iowa Legal Aid is trying to improve that. They recruit lawyers who want to help people and who have a passion for it. They've been in existence as a statewide organization for 47 years so they're not emerging or new in that sense but are new to this table. They have some development folks in Des Moines that stated they should be seeking local support. Regarding how much of the work they do is for Iowa City residents, they are a statewide law firm, and the Iowa City office serves clients who have court cases in a seven-county region from here all the way to Burlington, so they’ve come up with the numbers based on their historical client base of how many of their clients were Iowa City residents. Vogel asked if Mariah was going to be part of this. Mariah is with the Shelter House and works with evictions. Kringlen confirmed she partners with the Legal Aid people, they partnered to have the Help Desk at the courthouse every day that they have eviction hearings, which are usually on Mondays. Reedus asked if they have any other local funding such as United Way or Community Foundation funding. Kringlen replied they have been a partner agency with the United Way of Johnson and Washington Counties for many years and have gotten funding from the Community Foundation of Johnson County, and just about two years ago they got their first grant from the City of North Liberty. They have some funding from the County and do have a separate pending application to seek some funding from the City to support some of their housing work. In the early years, there were just a handful of funding sources and 90% of funds came from the Federal Legal Services Corporation, now only about 40% does because Congress at different times has cut funding and it has not kept up with inflation. The State of Iowa started supporting them with grants in 1996 when they had a particularly large loss of federal funding. Overall, they have a diverse pot of funding sources now, maybe every United Way in Iowa, supports their work, the Bar Association's lawyers donate, and various businesses. Reedus asked if the funding they're seeking is going to enhance services, provide more services, or if it will fund existing services. Kringlen replied that is a difficult question to answer because the amount of funding that they're seeking isn't enough to add another staff attorney, but they are adding staff attorneys are at the largest size they’ve ever been. They’ve just had one attorney transferred from the Davenport office to the Iowa City office and they also hired another one that started in January. Adding attorneys Housing and Community Development Commission February 23, 2023 Page 5 of 11 5 increases capacity and then they can serve more people. They have always had to turn away people. With this added grant they still will, but fewer. Haylett asked about having to turn people away and wanted to know what the screening criteria is. Is it folks at or below 125% of the federal poverty line or what general guidelines do they use? Kringlen replied there are quite a few and it is fairly complex. They can fairly easily grant exceptions to income up to 150% of poverty knowing people who live at 150% of the federal poverty guidelines can't afford lawyers so they grant all of them. Regarding other categories of screening, it depends on what kind of problem it is. If it's a family law problem, has there been domestic violence? They ask very broad screening questions but sometimes even though it is hard to think about or talk about, the abuse being mild versus severe, and that plays a factor sometimes in decisions. It might be recency as well. If it is someone they can’t help, they might still refer them to a volunteer lawyer, who agrees to take cases through the volunteer lawyer project free of charge. They can take cases regardless of income with funding that supplements their budget from Area Agencies on Aging. So, if someone is 60 years or older, they will at least give them advice, even if they're relatively well-to-do senior. Mohammed noted on their budget they show a huge deficit, how will they overcome that deficit? Kringlen agreed they do have a huge deficit, almost $2 million in projected losses for 2022, and to cover that will come mostly from their reserves. They have a board of directors that maintains a reserve. They also anticipate staff leaving, retiring, resigning, and then they have vacancies and until they can fill those positions, there will be a savings. Those are usually the biggest ways that they cover projected deficits. They know they can’t obviously operate in a deficit forever but do with some frequency in terms of the revenue versus the expenses. Other years they have more income or revenue than expenses and it balances out. Trail Johnson County Vogel stated he is confused on the subscription base fee service and what they're requesting is money to pay for. Bob Untiedt replied yes, they are requesting money to pay for membership fees to support very low- income folks who can’t afford the membership fees. The cost per member is about $1,241 a person which is the total cost of operating the organization divided by membership. The membership fees cover about 45% of the total cost of the organization so they don't even cover everything. This money is going to operating costs which will allow them to offer memberships to folks under a certain income level. He added the significance of supported members is not simply that they contribute less, it's also service requests. Prior to last year, the most they'd ever done in the seven years of existence was 452 service requests, or about 40 a month. Last year they did 884 and nearly all of that growth has come from supported members from very low-income people. Additionally, it’s something like two thirds of those come from the top ten requesters who have multiple requests a month. Low-income people tend to seek more frequent service - such as medical transportation and things like that. Again, it is for low-income people at 30% of area median income or less who are over age 65. Reedus asked what their total budget was for last year when they had the 884 service requests, and how many members do they have. Untiedt replied their budget was $142,725 with about 250 members. Membership varies from month to month. QUESTION AND ANSWER SESSION FOR FY24 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) APPLICANTS: City of Iowa City Down Payment Assistance Kubly stated Tracy Hightshoe couldn't be here tonight, but that staff and a representative from Hills Bank, Matt Olson, are available to answer questions. Housing and Community Development Commission February 23, 2023 Page 6 of 11 6 Dennis noted that this is another application for down payment assistance for owner occupied housing and that's new construction and wanted to know if the City partners at all with. Kubly confirmed yes, two of the homes that they've already done through this program have been in partnership with Habitat, but their current application is for separate units. Dennis noted the application says that the underwriting criteria would be modified. Does that mean increasing the debt-to-income ratios, or what is the modification? Matt Olson replied it would be more flexible underwriting and these will be 30-year fixed rate mortgages that will be offered, not adjustable-rate loans. Typically, a 30-year fixed rate loan gets sold on the secondary market to Fannie Mae and Fannie Mae does have some strict requirements, so Hills Bank and GreenState are going to provide some flexibility in that financing and these loans will stay in-house. One example is if the property is a townhome or a condo, Fannie Mae would require 10% down, and Hills Bank and GreenState are not going to require that 10% down. Fannie Mae may require that a borrower who was out of work for a few months, gets back into the workforce and works for six months before receiving financing whereas Hills Bank and GreenState will provide some flexibility and as long as they've entered back into the workforce, they're not going to require that six month waiting period. Dennis asked if a homebuyer receives the down payment assistance, does that qualify them for the Iowa Finance Authority down payment assistance or closing costs assistance as well? Kubly replied they could do that in addition to the HOME or CDBG assistance and combine it, but then it would be subject to Iowa Finance Authority guidelines. DVIP Dennis noted tonight's their Souper Bowl fundraiser so they’ve asked the Commission to submit questions in writing and they will respond. Reedus asked if this is basically for the same project that they have funded twice before. Kubly explained it is the same project and they do currently have CDBG funds and then they have funding through HOME- ARP as well. Reedus asked if this project has always been in two phases or is this request new due to lack of funding? Has this application changed? She noted some concerns about the inability raise those funds and the agency's ability to have a plan for the cost of unmet campaign totals. Kubly stated the new construction of the shelter is phase one, and then updating their old shelter would be phase two. Vogel confirmed that the $425,000 they've already awarded them was for the new shelter and this additional money is just more money towards the new shelter. Reedus asked what the total cost is for phase one and total cost for phase two. Kubly believes it's about $6 million for phase one for the new construction of the building. Reedus would like to know if they have asked for any other funding like ARPA funds. Will the decisions on ARPA funding be made by the time this Commission makes decisions? Kubly stated that DVIP has applied for ARPA and the City is in the review process, but she doesn’t know exactly when they'll have decisions. If she has an update before March 30, she will provide that to the to the Commission. Vogel stated the $6 million is just for phase one because $5.7 million is the construction costs of the new 24,000 square foot building and the land acquisition was $215,000. Habitat for Humanity Dennis asked for clarity on what they mean by a silent forgivable loan. Housing and Community Development Commission February 23, 2023 Page 7 of 11 7 Scott Hawes replied it is a loan that is forgiven over the period from year seven to 15 and after 15 years, the entire loan is forgiven. If they remain in the home after that period of time, they don't have to make any payments on it, but if they sell the home prior to 15 years then they have to pay the balance on the house. Vogel asked if the two houses on Blazing Star are built. Hawes said they are to be built, the first one will be built this fall and the second one will be built fall of 2024. Vogel asked if they currently have buyers. Hawes replied they do have a buyer for the one that they’re planning to finish this year and that one does qualify for the down payment assistance program. Shelter House Reedus asked if this is the same project that they have funded in the past with CDBG. Crissy Canganelli noted this is an entirely different and new project, a first-time request. The shelter opened in November 2010 and a little over 700 people a year come through that building as residents, and then another 300 use it as a drop-in center service. Dennis asked if they don't get full funding, how are they going to prioritize what needs to be done? Canganelli started by noting one very complicating challenge is the timing of the release of the applications for the ARPA funding and the timing for this application since they do not know the status of the ARPA application. Prioritization for the different project components that are submitted in this application would be entirely dependent on the level of funding that's awarded. If funding was in the neighborhood of about $100,000, they want to make the changes to the stairwell because this year they've already had two suicide attempts that have involved the open stairwell. Many of the challenges that they are facing now that have been reflected in this application, are in large part due to their shift to low barrier service and the complex nature of the individuals who are coming through their doors today with serious behavioral health challenges, unmedicated serious persistent mental illness, co-occurring substance use, intellectual disabilities, and brain injuries. Canganelli stated there are areas and spaces in their building that were not built to accommodate the needs of the population that they're serving today, and they actually amplify and escalate some of their challenges. If less funding was made available, they’d do something like immediately changing out the doors as that's a high need security issue. The Housing Fellowship Rehab Simon Andrew stated their request is for $78,000 to rehab a duplex in Village Green, they've owned it for 25 years and originally purchased through the help of the City. This is a good time for them to do this rehab because the family that had lived there had been there for quite a while but just moved out, so it is vacant. The plan is for new windows, kitchen/bathrooms updates, etc., maybe HVAC but no new roof at this time. Vogel asked about their capital repairs budgeting process. Andrew explained they do keep a capital budget for such things and have invested a good amount of their own money and capital reserves into that property. Some of it has to do with the length of duration that the person lives there and how hard they were on the property, some move outs are very inexpensive and some are very expensive, this one happens to be a more expensive one. He noted the application reads up to 60% of AMI, they currently rent both sides at 50%, it's three-bedroom units for $900. After they get out of compliance, they could bump that up a little bit more and have that for future investment on the property, but they try and keep the rents as low as they can. That's generally what the CHODO reserved dollars are there for, for projects they can't fund in other ways as easily. He acknowledged they certainly could have charged $50 more per month in rent for the last 10 years and had it paid for but then it becomes more challenging to keep it affordable long term. Vogel asked what the $7,800 developer fee is. Andrew explained they request 10% for developer fee and that goes into the operations that's paying the maintenance staff that and the project manager that oversee the project and goes into the investment as well. For instance, he doesn’t know how extensive Housing and Community Development Commission February 23, 2023 Page 8 of 11 8 this one is going to be, but they did one using HOME funds on First Avenue a couple of years ago and they applied for $24,000 as the project was initially budgeted for around $50,000 and ended up putting $100,000 into it. He imagines that $7,800 will still go into the to the Hannah Jo project. The Housing Fellowship Construction Andrew next discussed the other The Housing Fellowship application. The Home Builders Association and the City reached out for this project. He also stated they are thrilled to see the Student Build Program coming back noting it’s been a real challenge, especially during the pandemic, finding contractors for some of the work that they're doing, plus training that next generation of skilled tradespeople is going to be really beneficial. Vogel asked if this is request is just for construction. Andrew replied yes because for the property they received a grant from the City that included the land purchase. He also noted the project is still in the design phase and they do have an application into the Historic Preservation Commission. They expect it to be on their agenda in March. Vogel asked if all three high schools are being included in this build. Andrew is not sure, the school district did just hire a full-time instructor for this project, who also lives in the Northside Neighborhood, but he doesn’t know if he is housed specifically out of one school or if he moves around to schools, or how it is structured. Dennis asked if it were going to be a three-bedroom house. Andrew replied it will be a two-bedroom. He stated it is a big lot that they plan to subdivide, it’s an 80-foot-wide lot, but it's very deep, and has a private sewer main running across in two different directions. Therefore, the buildable portion of each lot is pretty small so they're fitting every square foot on it they can. This house will be two beds, two baths, with a zero-entry bathroom on the ground level and a half bath upstairs. The second home they're hoping to be five bedrooms as that's where they see the biggest need right now as families have more children in the home, they don't have the size the units to serve right now. Again, he reiterated they are really excited for this project and noted that the Home Builders Association and the school wanted to start with the smaller and less complicated one first, which makes sense. They’re hoping this program sticks around for a long time to complete both projects. United Action for Youth Haley Franzen and Talia Meidlinger stated they purchased two homes in 2012 with CDBG funding and have been renting apartments. This would allow them, depending on the size of the home that they can find, to no longer have to rent as many units. The apartments they are renting are in various apartment complexes around town and are individual living quarters, not group living. Franzen noted everyone in their program has a roommate as they have two-bedroom duplex units and they have one three-bedroom home and the rentals are two-bedroom apartments, so everyone has an individual bedroom, but shared accommodations elsewhere. Dennis asked if this is separate from the program that they have for teen parents. Franzen stated it is but those two programs can work together, and they do have the ability to house single young parents as well and their dependent children but those are two separate programs. Vogel asked if they would use the $800,000 to purchase outright, or are they looking at a down payment for something. Meidlinger stated their goal would be to purchase and rehab and then not pay rent anymore to landlords because the instability piece that they've run into is whether or not they can resign a lease. If they have residents living, there that are already in transition coming from homelessness they need stability. She stated they hope to find eight bedrooms as that would close the gap on them no longer needing to rent, however, finding an eight-bedroom house right now is difficult. Ideally it would be great to find a couple fourplexes, in close proximity, or one big eight-bedroom house. Housing and Community Development Commission February 23, 2023 Page 9 of 11 9 Reedus asked what the average length of stay is. Franzen replied the average length of stay is anywhere from seven to eight months, and that competes with the national averages. Dennis asked what happens if these kids use this program? Franzen replied that's a great question and they are working more and more to try and close gaps for the younger end of their service range because it's really hard to sign a lease if someone is not 18. Not that it's illegal, it’s just really hard and there are a lot of barriers that landlords can throw up. They work a lot across their agency and with other community partners to get folks wrapped into family mediation services and try and help mitigate any of the conflict that might be happening where they're currently staying or help them identify alternative appropriate options for them - whether that is extended family members in other areas, or friends whose families have the capacity to house them through high school graduation or until there is an opening in the program. Meidlinger added for the exception, where they can't close that gap in other ways and have young people who have nowhere to go and continue to experience trauma and instability, that lack of structure is detrimental to all of the things that they need to thrive and survive and become successful adults. DISCUSS NATIONAL COMMUNITY DEVELOPMENT WEEK: Dennis noted National Community Development Week 2023 is April 10-15. Dennis stated last year they had ideas for staff that would have taken them about three years to complete. What are some things they can do for National Development Week this year? Maybe write letters to the editor and post about it on your Facebook page, if you have one? Kubly noted they always do a proclamation at the City Council meeting and typically have a representative, usually the chair from HCDC, to come accept that and the mayor or whoever will read it. If there are other ideas like a social media campaign, staff hopes the communications folks will promote those, but are open to ideas the Commission has. Reedus stated she liked the old days when they celebrated one of the projects. There are some good projects in this in this community that have benefited from CDBG and HOME funds. People would come and see the project and it was crowded. Reedus acknowledged organizing that is a lot of work. Dennis noted years ago the HUD representative would come and there would be this big deal and all the elected representatives would be there such as Grassley and Harkin. They don't promote that much anymore, and the HUD reps don't come anymore. Kubly noted when she interned with the City, they did have the Community Development Week celebration and gave awards, and the representatives came but that has not happened recently. Dennis recalled they did used to give awards and wondered if there a project that they particularly thought was really great to honor. Vogel stated the new Shelter House building is impressive, however, he had some real issues with how much that cost, but it has made a huge difference already in the numbers of people it is serving. Perhaps there are other ones that are even smaller that would be interesting - maybe some of those Emerging Agencies. Thul mentioned CDBG and HOME projects that have been completed in the last couple years. Neighborhood Centers put a new roof on their Broadway location - that’s a smaller rehab project. A lot of projects that have been undertaken by subrecipients recently are acquisition of existing housing which is a great addition to the affordable housing stock but maybe harder to highlight. Vogel noted he went to Houses into Homes recently for the first time to drop off some stuff and had never been inside that warehouse space and it was impressive. They've gotten funds from HCDC in the past for an acquisition of a van and some other stuff. He thinks in general it might be good to give more publicity Housing and Community Development Commission February 23, 2023 Page 10 of 11 10 to some of these smaller projects and some of the Emerging Agencies. Vogel noted Trail is a prime example of something he did not know even existed. These small, very niche things can absolutely use that kind of broader advertising from the City as success stories. Even the small grants can make such a huge difference. Dennis noted that is a good idea for next year as Trail hasn’t gotten any funding yet. Reedus asked if perhaps they could work with the City media folks to do some sort of five-minute video thing to highlight a few of the HOME projects or what CDBG money helped agencies to do. This could be really powerful, and it could play on social media and the City website to highlight one or two projects. The media person could do an interview with the director. Kubly will ask the media communications team if they're available to do something and asked if there is a Commission member that would want to speak on that video and talk about things. Reedus thinks it should be the chairperson unless someone else is interested. Kubly noted they did a video last year for The Housing Fellowship and they can run that again as well. Dennis noted Beining also will go to accept the proclamation. STAFF & COMMISSION UPDATES: Kubly updated the Commission on Council discussions regarding the Legacy Aid to Agencies. Council is requesting HCDC take another look at the applications and not consider the late applications to be a factor in consideration, so that will be on the March 30 agenda. The video of the Council discussion is available online for review. Reedus asked if there are other rules that they don’t have to pay attention to or just that rule? Kubly stated that this is the specific direction they received from Council and that she would suggest listening to the discussion. Reedus stated she tried but couldn’t get the sound to work. Dennis suggested they table the discussion until the 30th. Vogel asked if this change would impact the approval process. Thul stated the Legacy, Emerging, and CDBG/HOME recommendations will all go to Council with the Annual Action Plan the first meeting in May so the timing should be okay. Thul will get staff recommendations and staff scores to the Commission by March 3rd. Staff are asking to have score sheets returned by March 16. Staff will compile the information submitted for the packet. ADJOURNMENT: Vogel moved to adjourn, Haylett seconded the motion, a vote was taken, and the motion passed 6-0. Housing and Community Development Commission February 23, 2023 Page 11 of 11 11 Housing and Community Development Commission Attendance Record 2022-2023 Resigned from Commission Key: X = Present O = Absent O/E = Absent/Excused ---= Vacant Name Terms Exp.7/21 9/15 10/20 11/17 1/19 2/16 Beining, Kaleb 6/30/24 X O/E X X X O/E Dennis, Maryann 6/30/25 X O/E X X X X Haylett, Jennifer 6/30/25 X X O/E O/E X X Krotz, Karol 6/30/24 O/E X X X X O/E Marilla-Kapp, Elizabeth 6/30/23 X O/E ******* Mohammed, Nasr 6/30/23 X X X X X X Reedus, Becci 6/30/24 X X X X X X Vogel, Kyle 6/30/23 O/E X X X O/E X Eckhardt, Michael 6/30/25 ----X X X X Patel, Kiran 6/30/23 ----------O/E Date: February 16, 2023 To: Mayor and City Council From: Erika Kubly, Neighborhood Services Coordinator Geoff Fruin, City Manager Re: FY24 Aid to Agencies Status The City of Iowa City has historically assisted non-profit public service agencies with operational funding to help them serve low-income Iowa City residents. Funding is provided through the Aid to Agencies (A2A) process. This memo outlines relevant policies governing the allocation of A2A funds, status of the FY24 A2A funding process, and pending recommendations to City Council. It further provides some considerations for Council as it pertains to your upcoming work session discussion. Policies determining use of A2A funds and eligibility The Aid to Agency allocation process has evolved over time. Staff has implemented several changes in recent years based on feedback provided by participating agencies, the Housing and Development Commission (HCDC), the City Council, and the 2022 Affordable Housing Action Plan Steering Committee. In addition to multiple process changes in recent years, the City Council has also significantly expanded the budget for this grant program and instituted a three percent annual increase as budget resources allow. The Affordable Housing Steering Committee finalized the 2022 Affordable Housing Action Plan last year. The Steering Committee reviewed the HCDC Funding Allocation Process and made two recommendations to improve the process. The first recommendation was that staff provide scoring recommendations to HCDC prior to HCDC review. The second recommendation was for greater transparency in the decision-making process, e.g. full funding to top-rated applications or partial funding based on objective scores. Consistent with these recommendations, staff did provide scoring and funding recommendations for the current FY 24 allocation process. HCDC reviews submitted applications and makes funding recommendations for Council review and approval. Resolution 18-214 (attached) adopted the current A2A process and established parameters for agencies defined as Legacy Agencies or Emerging Agencies. City Steps 2025, the City’s Five-Year Consolidated Plan adopted under Resolution 20-11, further refined the Legacy Agency process by establishing a two-year funding cycle and incorporating a list of eligible Legacy Agencies within the Plan. Legacy Agencies Overview The bulk of the A2A budget (95% or more) is awarded to Legacy Agencies. The program is intended to be a stable funding source for eligible agencies with a minimum allocation of $15,000. Applications are accepted on a two-year cycle through the United Way Community Impact Funding Process. Recipients receive funds for two consecutive years. The amount received in the second year is pro-rated based on the city’s approved annual budget. Eligible agencies are identified in the City’s Consolidated Plan, City Steps 2025. Ahead of the FY24 allocation process, HCDC approved adding three new agencies as Legacy Agencies for a total of 22 eligible Legacy Agencies. When new agencies are added it may impact the dollar amount existing agencies 2 receive as more agencies compete for the same amount of funds unless additional funds are allocated. Estimated Budget The estimated total budget for FY24 A2A is $751,500. This includes $120,000 in CDBG public service dollars and $631,500 in city general funds. Up to 5% of the total budget or $37,575 can be reserved for Emerging A2A requests. FY24 Allocation Timeline The timeline for FY24 Legacy Agency allocations can be found below. FY24 Funding Process Status The Housing and Community Development Commission (HCDC) has reviewed FY24 Legacy A2A applications and made a funding recommendation to City Council on January 16, 2023. Staff typically brings A2A recommendations to City Council for approval along with the Annual Action Plan after the city’s budget has been approved and we received notice of our HUD allocations for the year. This is anticipated to take place in April or May. Staff Recommendations: Based on the recommendations in the 2022 Affordable Housing Action Plan, staff now score the applications based on the funding criteria set by HCDC and provide funding recommendations for HCDC review. Staff provided recommendations to HCDC ahead of their November 17, 2022 meeting. Applications that received the highest score based on the funding criteria set, were awarded the largest funding increases except in two cases. CommUnity and United Action for Youth requested less funding than they received in FY23. Staff recommended fundi ng those two agencies at their full request. Decreased funding or no funding were recommended by staff in the following instances: • Inside Out Reentry: In FY20, the A2A budget was increased and as a result, Inside Out Reentry began receiving funding that was a comparatively large portion of the agency’s total operating budget. A majority of Legacy Agencies are funded at a level between one and five percent of their agency budget, and the FY24 request from Inside Out Reentry was over 20% of their total budget. Staff recommended a slight decrease in funding from FY23 levels due to the size of the agency budget and the percentage of the request. The decrease in funding recommended is less than $3,000 and should avoid any significant disruptions to agency operations. • Community and Family Resources (formerly Prelude): Staff support the mission of the agency but did not recommend funding Community and Family Resources based on the quality of the application and use of funds. The proposal was one of the lowest scor ing applications and some of the narrative responses did not adequately address the questions. Additionally, the agency proposed using funds for security deposit and rent assistance, as well as facility repairs. While the Legacy A2A program is designed to provide flexible funding for operations, City resources for the program are limited and there Legacy Agencies Date 1 HCDC approval of application materials July 21, 2022 2 Applications received through United Way Community Impact Funding Process September 15, 2022 3 Question & answer session with applicants October 20, 2022 4 HCDC discussion of scores, rankings, and staff recommendations November 17,2022 5 HCDC considers budget recommendation to Council January 19, 2023 6 City Council approval of funding recommendations April/May 2023 7 FY24 program year begins July 1, 2023 3 are other opportunities for funding for housing through federal CDBG or HOME programs, as well as the City’s Affordable Housing Fund. • Center for Worker Justice: Staff support the mission of the agency but did not recommend funding for Center for Worker Justice based on the quality of the application, use of funds, and other funds in place for proposed services. The application, as with Community and Family Resources, received the lowest score based on the funding criteria set. There were concerns regarding the agency’s financial capacity and oversight. Additionally, some services proposed to be provided with Iowa City funds are ineligible, such as a substantial amount of work with communities and residents outside of Iowa City, political advocacy, and lobbying. The work being offered for the wage theft initiative has been allocated funding for multiple years through Iowa City’s American Rescue Plan Act (ARPA) funds as with funds from Johnson County, Coralville and North Liberty. Staff did not feel additional need was demonstrated though this application. Of the three new Legacy Agencies, staff recommend funding Houses into Homes and Dream City at the minimum award amount of $15,000. The Center for Worker Justice was the third new Legacy Agency and was not recommended for funding for the reasons mentioned above. HCDC Recommendations: Commissioners scored applications individually and staff compiled average scores of those who submitted for the group to review. While commissioners generally used scoring to determine funding recommendations, substantial consideration was given to the following: • The application deadline through the United Way Joint funding process was 5:00 PM on September 15, 2023. The application from Center for Worker Justice was timestamped at 5:17 PM and the application from Community and Family Resources was timestamped at 5:32 PM. Staff reached out to United Way to inquire about the late submissions and learned that both agencies experienced technical difficulties when submitting their applications. Based on this information, staff did not disqualify either application. HCDC discussed the late applications at length and a few commissioners felt strongly that any late applications should not be accepted. • At the January 16, 2023 meeting, HCDC continued their discussion on Legacy Agency allocations. The commission voted on a final recommendation which shifted $15,000 that was tentatively slotted for the Center for Worker Justice at the November 2022 meeting to the Emerging A2A fund. Staff and HCDC funding recommendations for each agency can be found in the following table. 4 *Recommendations show a decrease in funding for CommUnity and UAY from FY23 to FY24. Please note this is due to a decrease in agency request. Emerging Agencies Overview Up to 5% of the total A2A budget can be allocated to Emerging Agencies. Applications are accepted annually through the city website. Emerging Agencies are defined as those that have not existed as a legal entity for at least two years or have not received a A2A funds in any of the last five years. However, the eligibility is typically extended to any nonprofit that is not a Legacy Agency. Each agency is eligible to apply for $5,000-$15,000. Recipients submit a biannual report on accomplishments to city staff. FY24 Funding Process Status The Emerging Aid to Agencies applications for FY24 funding were due on January 30, 2023 and have been distributed to HCDC members for review. At the February 16 th meeting, HCDC was to hold a question-and-answer session with applicants regarding their funding requests (this meeting was cancelled due to inclement weather). The next step is for staff and commissioners to score applications individually ahead of the following meeting. On March 30, 2023 HCDC is expected to make a funding recommendation to City Council for Emerging A2A funds . The timeline for Emerging A2A funds is outlined below as well as a summary of the funding requests. Agency FY23 Allocation FY24 Request HCDC Average Score Staff Funding Recommendations HCDC Funding Recommendations Change in Allocation from FY23 to FY24 Based on HCDC Recommendations Shelter House $90,810 $99,790 96 $99,790.00 $99,790.00 $8,980.00 Neighborhood Centers of Johnson County $58,759 $110,000 95 $70,000.00 $70,000.00 $11,241.00 CommUnity*$74,037 $69,086 95 $69,086.00 $69,086.00 -$4,951.00 Free Medical Clinic $26,709 $40,000 94 $34,954.00 $40,000.00 $13,291.00 DVIP $53,418 $60,000 91 $60,000.00 $60,000.00 $6,582.00 United Action for Youth* $35,256 $34,500 89 $34,500.00 $34,500.00 -$756.00 Table to Table $33,119 $45,000 89 $34,774.95 $40,000.00 $6,881.00 Big Brothers Big Sisters $26,709 $27,125 88 $27,125.00 $27,125.00 $416.00 Iowa Valley Habitat for Humanity $26,709 $30,000 87 $28,044.45 $27,029.00 $320.00 4Cs $26,709 $30,000 86 $28,044.45 $28,000.00 $1,291.00 Aging Services (Pathways) $26,709 $27,000 83 $27,000.00 $15,000.00 -$11,709.00 Houses into Homes $0 $15,000 82 $15,000.00 $15,000.00 $15,000.00 RVAP $26,709 $30,000 82 $28,044.00 $28,000.00 $1,291.00 Horizons $47,007 $47,007 82 $40,000.00 $38,000.00 -$9,007.00 Inside Out Reentry $42,734 $45,000 81 $40,000.00 $31,000.00 -$11,734.00 Arc of Southeast Iowa $21,367 $30,000 80 $22,435.35 $22,400.00 $1,033.00 HACAP $26,709 $27,510 80 $27,510.00 $27,270.00 $561.00 Dream City $0 $30,000 76 $15,000.00 $25,000.00 $25,000.00 Free Lunch $19,230 $25,000 72 $20,192.00 $15,000.00 -$4,230.00 Community and Family Resources (formerly Prelude) $42,734 $41,788 52 $0.00 $0.00 -$42,734.00 Center for Worker Justice $0 $45,000 52 $0.00 $0.00 $0.00 HTFJC $0 $0.00 NA NA NA NA Total $705,434 $908,806 $721,500.20 $712,200.00 HCDC - FY24 Legacy Aid to Agency Funding Recommendations February 16, 2023 Page 5 5 City Council Consideration The City Council has requested that the A2A process be added to the February 21, 2023 work session agenda for discussion. The following points are considerations for the Council to help guide any discussion and future direction: • The staff and HCDC recommendations are advisory in nature. The premise behind these types of advisory recommendations is that both staff and HCDC have the benefit of extra time and expertise when it comes to reviewing and vetting these applications. Thus, the recommendations are intended to give the City Council more confidence and comfort in a process that would otherwise require a significant amount of Council meeting time. That said, as elected leaders of the City, the City Council can determine whether to accept staff or HCDC recommendations or make any deviations you feel are in the best interest of the community. If Council has concerns at this point with any single recommendation, it would be advisable to wait until the full recommendations come before Council in April / May to make adjustments to final awards. • If the Council wishes to consider changes to the funding allocation process, then it may be advisable to wait until after this grant cycle is complete. Understanding the process is a critical component for the applying agencies and changes mid-process may have Emerging Agencies Date 1 HCDC approval of application materials November 17, 2022 2 Applications received through city website January 30, 2023 3 Question & answer session with applicants February 16, 2023 (cancelled – weather) 4 HCDC discussion of applications; consider recommendation to Council March 30, 2023 6 City Council approval of funding recommendations April/May 2023 7 FY24 program year begins July 1, 2023 FY24 EA2A Submissions Agency Activity Amount Community Transportation Support for research to identify gaps in late night transportation services. $15,000.00 Healthy Kids School Based Clinics Operational support for programs providing health services. $15,000.00 Iowa City Compassion Operational support for programs supporting culturally diverse LMI families. $15,000.00 Iowa City Sober Living Sober living residence manager salary for 6 months. $12,500.00 Iowa Legal Aid Operational support for legal services $12,500.00 TRAIL Operational support for scholarships to LMI seniors to receive TRAIL services/membership. $9,000.00 Total $79,000.00 February 16, 2023 Page 6 6 unintended consequences for agencies, commissioners, staff and the City Council. It should also be noted that at their January 19, 2023 meeting HCDC created a subcommittee that will meet with the Agency Impact Coalition to review and discuss the Legacy A2A process. If Council wants to provide direction or input into that planned review it can certainly do so. • If the Council wants to shift a greater portion of A2A funds to either the Legacy or Emerging Agency, then it should consider an amended resolution, so the intention is well understood by all involved. This would need to be done prior to the anticipated March 30 HCDC meeting where final recommendations will presumably be made for the Emerging Agency pool of funds. As it stands now, Staff anticipates that the 95/5% funding split between Legacy and Emerging Agencies will be achieved after final adjustments are made when the City is notified of the actual HUD funding allocation. • If Council is uncomfortable with the criteria that has been used to form a recommendation, namely the late submission of an application due to technical issues that potentially impacted two agencies, then it could advise HCDC as such and provide them an opportunity to adjust final recommendations or leave a set amount of remaining funds unallocated for City Council assignment to either Legacy or Emerging Agencies at the final award stage. Staff will happily provide more background if needed and answer questions at your February 21 work session. Prepared by: Kirk Lehmann, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 18-214 Resolution adopting the Aid to Agencies process Whereas, the Iowa City Housing and Community Development Commission formed a subcommittee to discuss past and current practices and policies for the Aid to Agencies process of funding public service providers; and Whereas, the Iowa City Housing and Community Development Commission wishes to better balance stable funding for existing agencies with funding for developing agencies and/or agencies that have not historically received funding; and Whereas, the Iowa City Housing and Community Development Commission also wants to improve the Aid to Agencies process itself; and Whereas, the City solicited input from agencies, and held public meetings during which they discussed the Aid to Agencies process; and Whereas, the Aid to Agencies Process Recommendations dated July 10, 2018 is attached hereto as Appendix A; and Whereas, the Iowa City Housing and Community Development Commission has recommended that Appendix A be approved; and Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that 1. The Aid to Agencies Process Recommendations dated July 10, 2018, containing changes to the Aid to Agencies process and attached hereto as Appendix A, is hereby approved and adopted. Passed and approved this 171 day of July, 2018. Attest: Deputy C4 Clerk f - Mayor City Attorney's Office 10 Resolution No. Page 2 18-214 It was moved by Botchway and seconded by Mims Resolution be adopted, and upon roll call there were: AYES: NAYS x x x' x x ABSENT: x Botchway Cole Mims Salih Taylor Thomas Throgmorton the Appendix A Emerging" Agency Funding. HCDC will set aside 5% of A2A funds for "emerging" agencies, defined as any agencies that have not existed as a legal entity for at least 2 years or have not received A2A funds in any of the last 5 years. These funds will have a $5,000 funding minimum and will be allocated annually to help new organizations develop. This source should not be expected to become permanent. Applications will be separate from the United Way Joint Funding Process, allowing them to be smaller and more customized. Applications will be due at the same time as the City's HOME/CDBG funding round in December, awarding funds closer to the reception of funds. Two years from the year they were funded, an Emerging Agency can apply for Legacy funding, so if an agency was awarded Emerging funds in 2019, they could apply for Legacy funding in 2021. Unused Emerging Agency funding may be shifted to Legacy Agencies. Legacy" Agency Funding. All remaining funding will be available to "legacy" agencies, defined as agencies that have existed as a legal entity for at least 2 years and have received A2A funding in any of the last 5 years. This funding is not guaranteed but will provide a minimum of 15,000 each year over 2 years (funding may be subject to a prorated increase or decrease depending on annual funding amounts). Legacy agencies will use the United Way Joint Funding Process application and will submit regular reports to HCDC to ensure accountability. If an agency does not perform to a minimum standard after its first year of funding, funds may be. revoked. HCDC will strive to apportion funds using the following guidelines: 70% of funds to High priorities, 25% to Medium priorities, and 5% to Low priorities. This will help spread funding between priority groups and reduce competition for high-priority designations. Staff will recommend an agency's priority level based on its central mission, and HCDC will approve. If HCDC determines a priority level does not have appropriate applications, funds may be moved between priority groups. r 1 CITY OF IOWA CIT ri!•r 07-17-18 COUNCIL ACTION REPO ° July 17, 2018 Resolution adopting the Aid to Agencies process Prepared By: Kirk Lehmann, Community Development Planner Reviewed By: Erika Kubly, Neighborhood Services Coordinator Tracy Hightshoe, Director of Neighborhood and Development Services Fiscal Impact: None Recommendations: Staff: Approval Commission: Housing and Community Development Commission HCDC), approval 8-0 Attachments: Resolution HCDC Memo Aid to Agencies Process Recommendations, dated July 10, 2018 Executive Summary: After its May 24, 2018 HCDC meeting, HCDC reviewed the Aid to Agencies (A2A) allocation process. Historically, A2A provided predictable funding for nonprofits, but it also has funded new and developing agencies. The subcommittee developed recommendations to balance both functions of A2A funds while improving the allocation process. HCDC voted to send the recommendations to City Council for consideration after discussions on June 21 and July 10. Background/ Analysis: The attachment discusses the background, solutions and recommendations made by HCDC regarding the Aid to Agencies process. A summary of the recommendations is as follows: Emerging" Funding. HCDC will set aside 5% for "emerging" agencies, defined as any agencies that have not existed as a legal entity for at least 2 years or have not received A2A funds in any of the last 5 years. These funds, allocated at a $5,000 minimum increment, will be allocated annually to help agencies develop. Applications will be simplified and separate from the United Way Joint Funding Process. They will be due at the same time as the City's HOME/CDBG funding round. Two years from the year they were funded, an Emerging Agency can apply for Legacy funding (i.e. an agency awarded funds in 2019 could apply for Legacy funds in 2021). Legacy" Funding. All remaining funds are reserved for "legacy" agencies, defined as agencies that have existed as a legal entity for at least 2 years and have received A2A funding in any of the last 5 years. These funds, allocated at a $15,000 minimum increment, will be provided each year over two years (though funding may be subject to a prorated change depending on annual funding amounts). Applications will be through use the United Way Joint Funding Process. Regular reports,will be required, as will a minimum standard of performance. Ranking criteria will also be used to make the funding process more transparent and objective. HCDC will aim to apportion 70% / 25% / 5% of funds to High / Medium / Low priorities to spread funding between priority groups and reduce competition for high-priority designations. Staff will recommend an agency's priority level based on its central mission, and HCDC will approve. r mat CITY OF IOWA CITY COUNCIL ACTION REPORT HCDC recommends that City Council consider and approve these changes to the Aid to Agency process. Once Council completes its review, staff will send a memo to applicants summarizing changes made to the A2A process, along with the rationale, to help set expectations. CITY OF IOWA CITY MEMORANDUM Date: July 12, 2018 To: Iowa City City Council From: Housing and Community Development Commission Re: Aid to Agencies Recommendations Introduction: Following the May 24, 2018 Housing and Community Development Commission (HCDC) meeting, a subcommittee reviewed the Aid to Agencies (A2A) allocation process. Historically, A2A provided predictable funding for nonprofit agencies. More recently, it has also provided new and developing agencies flexible funding. The subcommittee developed the following recommendations which seek to balance both functions of A2A funds, as well as improve the allocation process. HCDC voted to send the recommendations to City Council for consideration. History/Background: Several policies have been developed in the past to prioritize agencies for the funding allocation. Legacy Agencies: In the past, agencies who continually receive funding each year were prioritized in funding allocations. This process provided a consistent source of funding for these agencies, allowing them to retain staff and anticipate budget amounts year-to-year. However, it made it difficult for new agencies to benefit from the program. Priority Needs: The prioritization of agencies into low, medium, and high based on population served was developed to ensure funds had the greatest impact and is required by CITY STEPS. The current use of these categories in the allocation process tends to be ineffective because nearly all agencies attempt to meet the high priority category. Minimum Threshold: A minimum funding threshold of $15,000 is set to allow for funding of a half-time or quarter position at an agency. The amount of staff time required to administer each grant and level of community benefit were also considered when the minimum threshold was implemented. An HCDC subcommittee solicited feedback from agencies and met June 7 and June 15, 2018 to identify ways to improve the A2A allocation process. The subcommittee drafted recommendations, which were reviewed by the full committee on June 21 and July 10. Discussion of Solutions: The subcommittee received comments from multiple A2A recipients, many of which echoed previously mentioned feedback. The following themes to improve the process were developed: Enhance objectivity: Multiple agencies mentioned a desire to increase objectivity in allocating funds. They were supportive of objective criteria in evaluating applications. Avoid duplication of work: HCDC should be careful about how to fund agencies that are doing the same work because they don't want to duplicate services with limited funds. More clarity in expectations. Several agencies were confused about the process and exactly how HCDC chose to allocate funds. Understanding was also lacking on which agencies got to present to HCDC. Clearer expectations with agencies need to be set. Minimum funding: Some saw a minimum funding amount as arbitrary. However, it makes the review process more manageable for HCDC and provides greater certainty for staffing. Based on this feedback, the subcommittee tried to balance stable funding with opportunities for new agencies. Recommendations primarily focus on sustainable funding for agencies, but they also provide funds for new agencies. The following summarizes general recommendations: July 12, 2018 Page 2 Emerging" Agency Fundinq. HCDC will set aside 5% of A2A funds for "emerging" agencies, defined as any agencies that have not existed as a legal entity for at least 2 years or have not received A2A funds in any of the last 5 years. These funds will have a $5,000 funding minimum and will be allocated annually to help new organizations develop. This source should not be expected to become permanent. Applications will be separate from the United Way Joint Funding Process, allowing them to be smaller and more customized. Applications will be due at the same time as the City's HOME/CDBG funding round in December, awarding funds closer to the reception of funds. Two years from the year they were funded, an Emerging Agency can apply for Legacy funding, so if an agency was awarded Emerging funds in 2019, they could apply for Legacy funding in 2021. Unused Emerging Agency funding may be shifted to Legacy Agencies. Legacy" Agency Funding. All remaining funding will be available to "legacy" agencies, defined as agencies that have existed as a legal entity for at least 2 years and have received A2A funding in any of the last 5 years. This funding is not guaranteed but will provide a minimum of $15,000 each year over 2 years (funding may be subject to a prorated increase or decrease depending on annual funding amounts). For the first round, funding will be randomly staggered to spread applications between years. Legacy agencies will use the United Way Joint Funding Process application and will submit regular reports to HCDC to ensure accountability. If an agency does not perform to a minimum standard after its first year of funding, funds may be revoked. HCDC will strive to apportion funds using the following guidelines: 70% of funds to High priorities, 25% to Medium priorities, and 5% to Low priorities. This will help spread funding between priority groups and reduce competition for high-priority designations. Staff will recommend an agency's priority level based on its central mission, and HCDC will approve. If HCDC determines a priority level does not have appropriate applications, funds may be moved between priority groups. Financial Impact: These recommendations will have no fiscal impact on the City. Fiscal impacts for agencies may include more evenly distributed funding around agencies and greater levels of transparency. Recommendation: HCDC recommends that City Council consider and approve these changes to the Aid to Agency process. Once Council completes its review, staff will send a memo to applicants summarizing changes made to the A2A process, along with the rationale, to help set expectations. MINUTES FINAL HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 30, 2023 – 6:30 PM FORMAL MEETING THE CENTER ASSEMBLY ROOM MEMBERS PRESENT:Kaleb Beining, Maryann Dennis, Michael Eckhardt, Karol Krotz, Nasr Mohammed, Kiran Patel, Becci Reedus, Kyle Vogel MEMBERS ABSENT:Jennifer Haylett STAFF PRESENT:Erica Kubly, Brianna Thul OTHERSPRESENT:Genevieve Anglin (UAY), Crissy Canganelli (Shelter House), Kristi Fortmann-Doser (DVIP), Tashundra Gathright (THF), Scott Hawes (Habitat), Will Kapp (IC Compassion), Jim Kringlen (Iowa Legal Aid), Christi Regan (HACAP), Jamie Nguyen (Health Kids School Based Clinics), Adam Robinson (RVAP), Bob Untiedt (TRAIL) RECOMMENDATIONS TO CITY COUNCIL: By a vote of 5-2-1 (Mohammed and Eckhardt dissenting; Patel abstaining) the Commission moved to resend the FY24 Legacy Aid to Agencies recommendations from the January meeting to City Council with no changes after reconsidering the proposals based on their merits, as requested by Council. By a vote of 8-0 the Commission moved to recommend the following FY24 Emerging Aid to Agencies budget allocations: By a vote of 8-0 the Commission moved to recommend the following FY24 CDBG and HOME budget allocations: Agency/Project FY24 Request Staff Recommendations HCDC Average Recommendations March EA2A Group Funding Recommendations Healthy Kids School Based Clinics $15,000 $10,000 $11,300 $11,300 Iowa Legal Aid $12,500 $10,000 $9,300 $9,300 Iowa City Compassion $15,000 $10,000 $7,575 $9,560 TRAIL $9,000 $7,575 $5,430 $7,415 Iowa City Sober Living $12,500 $0 $2,515 $0 Community Transportation $15,000 $0 $0 $0 Total $79,000 $37,575 $36,120 $37,575 Housing and Community Development Commission March 30, 2023 Page 2 of 13 2 Request Staff Recommendations HCDC Individual Score Summary March HCDC Meeting Recommendations Agency/Project FY24 Request Staff Score Staff CDBG Funding Rec. Staff HOME Funding Rec. HCDC Av. Score HCDC CDBG Funding Rec. HCDC HOME Funding Rec. Iowa Valley Habitat for Humanity - Downpayment Assistance $80,000 308 91%$0 $80,000 277 $0 $80,000 Shelter House - Facility Improvements $240,000 255 75%$110,000 NA 277 $120,000 NA DVIP - Shelter New Construction $350,000 279 82%$130,000 NA 274 $120,000 NA City of Iowa City, GreenState, & Hills - Downpayment Assistance $300,000 284 84%$0 $300,000 261 $0 $300,000 The Housing Fellowship - Rental New Construction $200,000 275 81%NA $200,000 260 NA $200,000 The Housing Fellowship - Rental Rehab $78,000 260 76%$0 $78,000 236 $0 $78,000 UAY - Rental Acquisition and Rehab $400,000 197 58%$0 $0 195 $0 $110,000 Total $1,648,000 NA $240,000 $658,000*NA $240,000 $768,000 *Staff recommended allocating balance of $110,000 in HOME funds towards general rental acquisition to assist at least one LMI renter household. CALL MEETING TO ORDER: Beining called the meeting to order at 6:30 PM. WELCOME NEW MEMBERS: Patel introduced herself and stated she is a GIS technician with the county in the Auditor's office. Housing and Community Development Commission March 30, 2023 Page 3 of 13 3 CONSIDERATION OF MEETING MINUTES: FEBRUARY 23, 2023: Vogel moved to approve the minutes of February 23, 2023 with edit to attendance as Krotz was not present. Krotz seconded the motion. A vote was taken and the minutes were approved 8-0. PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: Kinsey Phipps (Community and Family Resources) is the case manager for Community and Family Resources and runs the Transitional Housing Program. She is here to provide a little bit more information about their programs. An average stay for families in the Transitional Housing Program is 24 months, in some cases they're eligible to receive a one-year extension. Services offered to those in transitional housing include case management, such as parenting, budgeting, family readiness, substance use counseling, mental health counseling. They have to have a substance use or mental health diagnosis to enter the program and have to be experiencing homelessness. They also enroll them in a grant treatment for individuals experiencing homelessness where they get additional supports. In the past, they have used City money to update apartments needed due to water damage. They moved families in that were not in great health and situations before improving their lives and their environment. The Aid to Agencies funding is used mostly to expedite move in dates for families as they're experiencing crisis in housing. One barrier that they have is they typically use Section 8 housing through the City Housing Authority to help fund the programs and that’s who pays the rent, but a big barrier they are experiencing now is that families in housing crises often don’t have a permanent address or documentation to provide for Section 8 in order to fulfill that process. So Community and Family Resources is providing them with the apartment early to give them a safe environment to start their recovery and then Aid to Agencies has helped cover that bridge before Section 8 is involved. Phipps wanted to share a success story - due to assistance through Aid to Agency funding, a young mother and father this summer were able to move into their apartment early. It was a lifesaver as she had a five-month-old child that was on oxygen receiving additional care post-delivery. She was homeless and utilizing the Ronald McDonald House, but the time there was up as the baby was getting discharged from the hospital and so they had them move into Transitional Housing which made it easier to attend regular checkups at UIHC whilst the mother could start on her recovery and participate in groups at Community and Family Resources such as Alcoholics Anonymous meetings and a peer recovery coach regularly. Both parents have been able to maintain sobriety well in the program and the Department of Human Services closed their case because of their success. Without an early move in due to the Aid to Agency funding covering rent until they qualified for Section 8 housing, there would not have been anywhere for them to go. Phipps wanted the Commission to know they really appreciate the help and just thought it would be helpful for everyone to know a little bit about what they do and how they serve the community. DISCUSS FY24 LEGACY AID TO AGENCIES (LA2A) FUNDING AND RECONSIDER BUDGET RECOMMENDATION TO CITY COUNCIL: Beining noted this is for the Legacy Aid to Agencies funding reconsideration that Council has asked they do. Council did not want to disqualify an agency on the sole basis of the technical difficulties that Community and Family Resources and the Center for Worker Justice had. Vogel asked if it possible to just revert to what they had agreed on when they first took those into consideration in November. Reedus stated that wouldn't be an option for her. She would like staff to explain a little bit more about the zero-funding recommendation for the Center for Worker Justice. It seemed there were a couple of issues like how CWJ stated that in the application there were items where they were going to provide services outside of Iowa City, which isn't permitted with these funds. There were some lobbying and advocacy items in there also that wouldn't be considered appropriate. Reedus also asked staff to speak about the ARPA money from Iowa City, Johnson County, North Liberty and Coralville and wants to make sure that Housing and Community Development Commission March 30, 2023 Page 4 of 13 4 funding that might come from this group to the Center for Worker Justice, is not going to be overlapping with funding they're already receiving. Kubly noted the APRA funding is specifically for wage theft. Reedus asked if there was anything else that had to do with the zero-funding recommendation from City staff. Kubly stated there was also consideration for financial oversight with the agency. Dennis wanted to say that her comments at the last meeting were not only because the applications were late. There were also other considerations and one of those was the staff recommendation. She watched the Council work session and Council was pretty adamant that this Commission provide recommendations. She felt Council was very thoughtful about expressing their concerns, and very complimentary on the work that this Commission does. If they want to go back to the original allocations, then that's fine but in the memo that came out in the packet about the policies that are determining the use of Aid to Agency funds and eligibility - it stated one of the recommendations from the committee was for greater transparency in the decision-making process. For example, giving full funding to top rated applications, or partial funding based on objective scores. She brought this up the last meeting – many of the scores were in the 80s but some of those applicants were cut and she feels that is where they weren't terribly equitable. All of the applicants are worthy and all of the services they provide are essential. It's just too bad they don't have more money and can't fund them all. Krotz stated she also hasn’t changed her views since the last time about not funding them because there were a lot of other considerations. Yes, she placed some emphasis on the lateness, but there were other problems with the application itself such as what the staff has said about the financial oversight over the organization. The score was very low, almost half of what the top score was and so her opinion is that they don't fund them at this time. Mohammed agrees with City Council on this matter. The lateness shouldn't be the determining factor for funding this organization. This organization also scored low because some fellow commissioners decided to give them zero on that application and when they receive zero in one subject, the overall score is low. Reedus asked if her revised scores were incorporated because she had handed them in late. Thul acknowledged that staff did a late handout, and the Commission can use that to make the case for why they feel it should or shouldn't be funded. Reedus noted her revised score was a 61 or 62 and while it might have gone up, they're still under 70 because in the application they're describing services of worker abuse and wage theft and those kinds of things are getting funded under APRA. She noted under affordable housing, that is where they're doing advocacy and lobbying with state legislatures and that was also considered inappropriate for this this funding. Under education, they want to expand OSHA standards and safety workshops to residents outside of Iowa City, why would that even be in a proposal for Iowa City funding? To develop innovative worker community safety councils in Iowa meatpacking communities, again, outside of Iowa City. She noted there are a couple of things underneath there, education - increasing capacity of workers to overcome language barriers, hosting tenants’ rights workshops to educate tenants. Those could be considered, but a large portion of what they say they're going to use their funds on would be ineligible. She is going to go with the staff recommendation on this and recommends no funding. Beining agrees with Reedus. Looking at the scoring on the recommendations that did come from staff, they match up with the HCDC scores and decision to not fund them - excluding the technical difficulties. He also would be in favor of a recommendation of no funding. Krotz asked if for some reason this Commission does vote to stay with the staff recommendations of no funding, and it goes back to City Council, the Council could still overrule and decide what they want to do. Beining confirmed that was correct. Beining noted there seemed to be a consensus regarding the Center for Worker Justice and a recommendation of zero funding. Housing and Community Development Commission March 30, 2023 Page 5 of 13 5 Reedus stated regarding Community and Family Resources, she feels they have not discussed them much at all and to be fair, it wasn’t discussed by Council either. This seems to be a CWJ issue. Don’t you think that one deserves the discussion also based on what Council recommended to see if there are any changes? Vogel stated his argument is that, even not taking late into consideration, in November everyone agreed that there wasn't enough from the application to fund them. He doesn’t think that technicality mattered overall, this Commission is still of the opinion that those two just don't get funding this year based on the strength of their application. Vogel noted that it does seem weird that they allowed agencies to become Legacy Agencies and then not give them funding in their first year, but he was against bringing in new agencies from the beginning. He is fine with the recommendation made in January. Vogel moved to resend recommendations from the January meeting to City Council with no changes after reconsidering the proposals based on their merits as requested by Council. Reedus seconded the motion. A vote was taken, and the motion passed 5-2-1 (Mohammed and Eckhardt dissenting; Patel abstaining). DISCUSS FY24 EMERGING AID TO AGENCIES (EA2A) FUNDING REQUESTS AND CONSIDER BUDGET RECOMMENDATION TO CITY COUNCIL: Thul noted for Emerging Aid to Agencies, each award needs to be at least $5,000 and average for Iowa City Sober Living came out to just over $2,000 so the choices are to fund it at least $5,000 or give them no funding. Reedus asked when Iowa City Sober Living will become operational. Thul replied she believes they wanted to acquire a home within this year and staff recommended zero funding because they are not operational this time. Reedus proposes they remove the funding from Iowa City Sober Living and reallocate it to one of the other agencies. The Commission discussed Iowa City Compassion and TRAIL applications again noting TRAIL will be offering scholarships for low-income seniors and that’s a population group they don't see come through with requests for money very often. Vogel stated he hopes Iowa City Sober Living will come back in the future, it's an important cause. Reedus moved to recommend the following FY24 Emerging Aid to Agencies budget allocations to City Council. Krotz seconded the motion. A vote was taken, and the motion passed 8-0. Agency/Project FY24 Request Staff Recommendations HCDC Average Recommendations March EA2A Group Funding Recommendations Healthy Kids School Based Clinics $15,000 $10,000 $11,300 $11,300 Iowa Legal Aid $12,500 $10,000 $9,300 $9,300 Iowa City Compassion $15,000 $10,000 $7,575 $9,560 TRAIL $9,000 $7,575 $5,430 $7,415 Housing and Community Development Commission March 30, 2023 Page 6 of 13 6 DISCUSS FY24 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDING REQUESTS AND CONSIDER BUDGET RECOMMENDATION TO CITY COUNCIL: Vogel noted Shelter House and DVIP Shelter are the only two available for CDBG funding and there is $240,000 available under CDBG. Reedus stated neither of the projects received any of the ARPA funds, the ARPA capital funds went to Neighborhood Centers and Free Medical Clinic. Vogel noted everybody is funded fully based on staff recommendations aside from $110,000 left in HOME funding but is the recommendation not to even give even $110,000 to United Action for Youth because the $110,000 wouldn't be enough to support the project or where is that staff recommendation coming from. Thul stated staff’s concern was the project not being able to meet the HOME underwriting criteria. Typically, when people apply, they fill out a pro forma which is a projection on what their mortgage is going to be and to show the City that a project can cash flow for the period of affordability. With a large award like this, it would be 15 to 20 years of compliance and the City has to be able to show that that project isn't going to fall apart in that time. So again, staff’s concern with that project specifically was meeting the required HOME underwriting criteria. Vogel asked if the Commission choses to fund UAY the $110,000 and then they failed to meet that criteria would the $110,000 come back to the City? Thul replied it depends. If the project was to proceed and fall apart in the middle of affordability, then that money has to be repaid to HUD and the City would not get it back. If it were to fall apart before HOME paid for anything, then the federal spending deadlines are the issue and that was part of their rationale. Vogel stated UAY has been around for 50 years plus, so they are not likely to fail so they are not concerned about UAY failing or just this particular project failing? Reedus thinks it's a great project because transitional housing for youth is extremely important but the project received a low score from her, and she would hope that they can correct the deficiencies on the application and come back next year with a better one. She agrees that the HOME underwriting wasn't finished and is concerned about giving them 25% of the funds that that they requested and that they wouldn't be able to fund the remaining 75%. Then they are in a situation where the City has to take funds back and that's not fun. Vogel noted it was also his lowest score, but he also wants to try and make sure everybody gets a piece of the pie. He just wanted to make sure he understood where that recommendation was coming from since staff did recommend funding everybody else fully. Dennis understands why their preference would be to locate a property, like an eight-plex or two four- plexes or something. They did ask for $400,000 from HCDC but $110,000 is $110,000 more than zero and perhaps if they were to give them the $110,000, they may be able to find something. They might not Iowa City Sober Living $12,500 $0 $2,515 $0 Community Transportation $15,000 $0 $0 $0 Total $79,000 $37,575 $36,120 $37,575 Housing and Community Development Commission March 30, 2023 Page 7 of 13 7 be able to find exactly what they want but at least they would have that committed so they could keep planning and keep trying to do something. Krotz noted they could also use it as leverage for other funding sources. Dennis asked if they recommend an amount to UAY and then it doesn't get committed, it then goes back into the pot - can HCDC can reallocate it at some point? Thul replied it depends on how it all times out. A project would need to meet the underwriting criteria before they could commit funds. HOME typically requires a two-year commitment deadline and then a four-year completion timeframe. Dennis replied, so UAY would have at least two years to get that commitment and meet the underwriting criteria? Thul confirmed that was correct, the City usually likes to see projects moving within the fiscal year, but it is a two-year commitment. Krotz asked if the money would go back to HUD or the City if it was not committed. Thul explained that if it was not committed and they didn't spend any money, it stays in the City, but they have spending deadlines where they would need to allocate the funds to someone else. Dennis stated sometimes HCDC will do a special round of funding because when the deadline is coming. The last thing the City wants to do is to send money back to HUD so if UAY can't use this money, then it will come back to HCDC to do a special round or to be put somewhere to get spent. Thul confirmed that they last did a midyear funding round in FY22. Reedus stated there's just not enough capital money for nonprofits. They have a hard time raising capital money in the City because they're competing against big entities like the University. So, she is going to propose that the other $130,000 go to Shelter House for the facility improvements. To explain, she knows that is a difficult thing for DVIP to hear, but she is not as interested in a second round of funding to DVIP. This Commission has already funded them some money on this construction project. DVIP will have a phase two so she would assume HCDC will see DVIP come back for phase two funding. The Shelter House facility improvements, their main shelter was built around 12 years ago and in those 12 years shelter services have evolved a great deal. To that point, they are now open 24/7 and have seen more mental issues with the clientele and the escalation of crises. She believes the physical changes that are proposed in their application are very necessary. Putting the physical barriers so that people can't hurl themselves off of a stair is important when trying to deescalate a crisis. A sound barrier is important so that it doesn't escalate among other individuals, and the line of sight for the staff is very important in terms of safety of staff and those involved in the crisis. In addition to the Shelter House services having evolved, they also do more with a winter shelter. So, her proposal would be to give Shelter House the full CDBG funding of $240,000 with deep regrets to DVIP. Dennis asked regarding the Shelter House, what could they cover from their application without the stairway. Thul responses that staff recommended $110,000 for the stairway and some security features. Vogel stated the $130,000 recommendation for DVIP would go towards their capital campaign because new construction hasn't started but would be added to their capital campaign to give it a boost. Thul responded that it would be adding to the already existing construction project. They were funded one time previously, with CDBG funds for the same construction project. Typically funding a project already underway is not eligible, but since it was funded previously with federal funds, they have completed the environmental review and other requirements that would typically be an issue. Krotz would like to see DVIP funded, having worked with an agency that had a domestic violence shelter program - it is so necessary and so needed, and yet there have been a lot of cutbacks within the normal grants that they might get from the state and from the federal government. Mohammad also agrees with funding DVIP and would vote to split the $240,000 between Shelter House and DVIP. Housing and Community Development Commission March 30, 2023 Page 8 of 13 8 Eckhardt agrees with funding DVIP - especially considering the staff recommendation and staff scoring was also higher. He could also get behind moving it to be evenly split $120,000 and $120,000 as both are incredibly necessary. Reedus stated how many times do they have to say they just wish they had more money? There isn’t enough capital money in this town for nonprofits. The Commission next discussed the $110,000 leftover in the HOME funds. Vogel’s recommendation is to give it to UAY as the ability get a down payment or start the process of procuring even one duplex or one four-plex is worth the investment by this committee. Also, this is an organization that has proven itself as far as its long-term commitment. Reedus asked if they did vote to give UAY the $110,000, could they seek any additional funding for the project in the next budget round or would they be ineligible because of the CDBG rules? Thul noted these are HOME funds and they don't have to be concerned the timeliness deadline, however, they do run the risk of other projects coming in and that it may be hard to guarantee future funding. Thul noted that staff were recommending that the remaining money to be set aside for general rental acquisition, meaning that UAY could be a project that would be eligible for that. Asking for the $110,000 to be set aside for general rental acquisition gives more flexibility if it didn't work out for some reason, or if another agency could proceed faster. Doing that would give flexibility to staff to award that project. Eckhardt noted as he was going through the application on the question of what they would do if they didn't get fully funded, it sounded like they were saying that they wouldn't particularly have anywhere to go with the project. He really does support the project but is worried. If they allocate this money to UAY and they can’t use it, where does the money go? Kubly stated the City has two years to commit the funds so UAY essentially has two years to get their plans, locate their property and proceed. Beining thinks they should allocate the $110,000 to UAY, despite them having a relatively low score compared to the others, because it appears all the others have been fully funded and this a great opportunity to just maximize their impact while it is available. While he is not a commercial underwriter, in his experience, that might have the ability to help them with their capital stock to secure additional funding. Reedus wanted it on record that her scores for The Housing Fellowship were not accurate, one complete section of her scores did not make it into the total, she did not score them at 174 it was more like 294 for the rental rehab. Vogel would make the argument of taking away all $300,000 of the City of Iowa City downpayment assistance and giving it all to UAY because it is a better use of funds. Reedus understands but that program is one of her favorites because it hits a population of folks that is have a difficult time finding programs. Vogel stated to him, it is similar to what they talked about earlier with senior citizens, which is they don't have a lot of programs come by here addressing transitional homeless youth, so it is tough for him to get behind giving downpayment assistance from the City to get a family into $180,000 home versus being able to possibly help 100 or more homeless teens every two or three years. Dennis noted the thing that really impressed her about the Iowa City, GreenState and Hills project is that both of those lenders have agreed to keep those loans in house at a 30-year fixed rate, which is huge. They are not going on the secondary market. That kind of private public partnership is just incredible. Dennis also stated she has said for many years she has an issue with the City staff applying and the same City staff reviewing and scoring their own application. Housing and Community Development Commission March 30, 2023 Page 9 of 13 9 Beining stated regarding the Iowa City, GreenState and Hills downpayment assistance project he had an opportunity to go and tour where those funds actually have been put into place and developed. And not to discredit UAY by any means, and although it was numerical a lower number of people that may appear to have been affected, the deep level of fulfillment that brought into their lives was very heartwarming to see. This project is also working somewhat in coalition to help rejuvenate some of those neighborhoods and he has seen firsthand just the amount of effort that they're putting into it and how that's changing the families. Krotz stated for the recipients of those loans there's a great feeling of permanency in their residence, because out in the rental market, trying to find places in Iowa City, is a horrible, horrible experience. She has been through it a number of times so she can see how families who do get this downpayment assistance can have this joy in their lives of knowing they're on their way to homeownership. Vogel wanted to clarify that in no way does he think the program is not great, his only concern was once again the fact that UAY is coming in with a program that addresses a very specific need they don't regularly address here. Whereas, in his many years on this Commission, he has seen a handful of downpayment assistance proposals come through and be funded. Beining wanted to clarify his previous point regarding the ripple effect, not having specific numbers but if they're allocating $300,000 and the median downpayment is $30,000, that's 10 houses within a community of perhaps 70 homes which really can make a difference. It’s a reinvestment into that neighborhood as a whole, rather than just into those individual homes. Reedus asked if this project was funded previously. Thul noted in the last round of funding, when they first did this project, the City received $128,000. They had asked for $300,000 but received partial funding. Kubly stated the new funds would allow that program to continue. Vogel stated the proposal was to fund 20 homes, the purchasers have to put in their own money. Reedus stated if they did 15 homes at $15,000 that would be $225,000, which could essentially give another $75,000 to UAY and she would support that. Eckhardt agreed noting creating non nonprofit housing has a longer-term effect on affordability and would support moving some over for that. Dennis asked with the downpayment assistance is there a resale agreement or deed restriction for the affordability. Thul confirmed that the affordability is usually 10 years. Reedus asked about UAY and noted their total budget was $800,000 but they were asking $400,000 from HCDC so did they get a $400,000 commitment from Housing Trust Fund? Thul stated there were no funds committed in the application. There were only pending commitments from other local funds. Dennis stated if they can't find an eight-plex, with the amount of money that they get, they might be able to find a four-plex or a duplex and at least they would be able to do something. Eckhardt noted right now it sounds like their housing has people paying out of the private market and essentially having this massive amount of overhead go to a landlord. So even if they can get a duplex with this money, they can house two people and not have to pay rent to a third party and that's going to decrease their overhead and improve their solvency long term. Reedus stated she likes the downpayment assistance program but also know there's a need for the transitional housing and HCDC has not funded this type of program in the past. Vogel noted if they do get the $400,000 from the Trust Fund and HCDC gives $110,000 theoretically, they would make that building acquisition number they want. What they wouldn't have is the ability to renovate Housing and Community Development Commission March 30, 2023 Page 10 of 13 10 that property and get it move in ready. HCDC could put $75,000 more towards that and even if they could do two or three units - they could come back for additional renovation money, but this will start getting people in and getting people assisted immediately. Thul clarified if they use federal funds for acquisition, UAY would need to move people in and be leased up within six months. If they were to buy something that needed rehab that wasn't going to pass inspection, that would be problematic. Vogel stated that it isn’t hard to pass a rental inspection. Thul responded that she wanted to state it for the record, so you know what you’re deciding. Dennis stated she feels that they need to look at the scores again. It is hard for us to see if it is going to cash flow without a pro forma. They are going to have to complete that before they get any money anyway, so I go back to the scores. Reedus agrees and wants to stick with the original decision. Mohammad suggested again to keep the downpayment assistance at $300,000 and giving the $110,000 to UAY. Reedus moved to recommend the following FY24 CDBG and HOME budget allocations to City Council. Vogel seconded the motion. A vote was taken, and the motion passed 8-0. Request Staff Recommendations HCDC Individual Score Summary March HCDC Meeting Recommendations Agency/Project FY24 Request Staff Score Staff CDBG Funding Rec. Staff HOME Funding Rec. HCDC Av. Score HCDC CDBG Funding Rec. HCDC HOME Funding Rec. Iowa Valley Habitat for Humanity - Downpayment Assistance $80,000 308 91%$0 $80,000 277 $0 $80,000 Shelter House - Facility Improvements $240,000 255 75%$110,000 NA 277 $120,000 NA DVIP - Shelter New Construction $350,000 279 82%$130,000 NA 274 $120,000 NA City of Iowa City, GreenState, & Hills - Downpayment Assistance $300,000 284 84%$0 $300,000 261 $0 $300,000 The Housing Fellowship - Rental New $200,000 275 81%NA $200,000 260 NA $200,000 Housing and Community Development Commission March 30, 2023 Page 11 of 13 11 Construction The Housing Fellowship - Rental Rehab $78,000 260 76%$0 $78,000 236 $0 $78,000 UAY - Rental Acquisition and Rehab $400,000 197 58%$0 $0 195 $0 $110,000 Total $1,648,000 NA $240,000 $658,000*NA $240,000 $768,000 *Staff recommended allocating balance of $110,000 in HOME funds towards general rental acquisition to assist at least one LMI renter household. AID TO AGENCIES (A2A) SUBCOMMITTEE: Reedus noted that the first meeting will be May 1, 2023. STAFF & COMMISSION UPDATES: Thul shared a copy of the City's new Strategic Plan with the Commission and noted City Council is doing an initiative to make sure that all boards and commissions know where they fit within the strategic plan. At the April HCDC meeting, Mayor Teague will attend and tell the Commission more about the plan. The recommendations voted on tonight will go into the Annual Action Plan and the public comment period for that will start Saturday, April 1 and run for 30 days. If anyone from the public makes any comments, staff will bring that to the April meeting. At the April meeting, the Commission will review and do the formal recommendation of approval for the Annual Action Plan. Kubly stated the second week in April is National Community Development Week and they typically do a proclamation at the Council meeting to acknowledge that. The next Council meeting is April 4 so a member of the Commission, typically the chair, will come to the Council meeting to accept that proclamation. Beining agreed to accept the proclamation. Kubly shared a copy of the 2022 Affordable Housing Action Plan update that just went to Council today. It's a progress update of the action items in the plan that came out last year. There was representation from the Commission on the Affordable Housing Steering Committee that drafted the plan. Kubly noted some highlights. They discontinued the Affordable Housing Location Model and because of that, they've been able to proceed with some of the HOME projects and it opened up more opportunities for rental acquisition. Part of the plan was a recommendation to provide greater transparency in the funding process, which this Commission is doing by looking at the scores and recommending funding based on scores. Vogel asked about the risk mitigation fund that Shelter House is going to be implementing it on behalf of the City. Do they know what their application processes be or what their guidelines are? He doesn’t know if they've got an actual plan in place yet, but when they do, is that something they will be sending out through Iowa City Housing Authority to private landlords to participate in? Kubly replied she believes that the initial eligibility is limited to nonprofits but that may be expanded in the future. Vogel noted it says the purpose was to incentivize private landlords to rent to households or individuals. He noted 40%-50% of his properties are currently HCV so it would be great to have a program like this that he could apply for. He was under the impression the risk mitigation fund was going Housing and Community Development Commission March 30, 2023 Page 12 of 13 12 to be meant for this because that's what they've been promising. Kubly will give Vogel an update when there is more information on this. Dennis shared an update that there is a statewide group called the Iowa Housing Partnership which is an advocacy group and is membership supported. They don't get any kind of funds because they do have a lobbyist and they do lobby. They send out regular legislative updates about pertinent legislation regarding housing in Iowa and information about rural housing conferences and state housing conferences and that sort of thing. ADJOURNMENT: Dennis moved to adjourn, Eckhardt seconded the motion, a vote was taken, and the motion passed 8-0. Housing and Community Development Commission March 30, 2023 Page 13 of 13 13 Housing and Community Development Commission Attendance Record 2022-2023 Resigned from Commission Key: X = Present O = Absent O/E = Absent/Excused ---= Vacant Name Terms Exp.7/21 9/15 10/20 11/17 1/19 2/16 3/30 Beining, Kaleb 6/30/24 X O/E X X X O/E X Dennis, Maryann 6/30/25 X O/E X X X X X Haylett, Jennifer 6/30/25 X X O/E O/E X X O/E Krotz, Karol 6/30/24 O/E X X X X O/E X Mohammed, Nasr 6/30/23 X X X X X X X Reedus, Becci 6/30/24 X X X X X X X Vogel, Kyle 6/30/23 O/E X X X O/E X X Eckhardt, Michael 6/30/25 ----X X X X X Patel, Kiran 6/30/23 ----------O/E X I r i 466. .ftwr®I�� City Council Supplemental Meeting Packet CITY OF IOWA CITY May 2, 2023 Late Handout(s): Planning & Zoning Matters Item 8.b Rezoning - JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions located between Mormon Trek Blvd. and Dane Rd. SE - See correspondence from Iowa Natural Heritage Foundation and correspondence from the previously distributed 4/17/23 late handouts from the following: Katherine Chapman Keller, Dan and Pam Tiedt, David Larsen, Susan Shullaw, Nancy (Wagner) Mendoza and Mary (Wagner) Davis. Regular Formal Agenda Item 9.b 2023 Bond Resolution - See Bond package from Speer Financial Item 9.c TRC Consultant Contracts - Joint meeting with the Ad Hoc Truth and Reconciliation Commission - See correspondence from Riley EL, Angie Jordan, Annie Tucker Item 9.f FY24 Aid to Agencies - See correspondence from Will Kapp Item 9.g Assessment Schedule - See revised Exhibit A Prepared by: Erika Kubly, Neighborhood Services,410 E.Washington St., Iowa City, IA 52240 319-356-5230 Resolution No. 23-140 Resolution allocating human services Aid to Agencies funding for Fiscal Year 2024, July 1 , 2023 — June 30, 2024. Whereas, the City of Iowa City budgeted for aid to local human services agencies; and Whereas, assistance to human services agencies that serve low-income residents of Iowa City is considered a benefit to the community as a whole; and Whereas, the amount of aid is budgeted as Aid to Human Service Agencies and Community Development Block Grant funds in the FY24 Budget; and Whereas, FY24 Legacy Agency funding allocations will be renewed for FY25 based on a two-year funding cycle in accordance with City Steps 2025; and Whereas, use of the funds for Aid to Agencies is a public purpose. Now, therefore, be it resolved the by City Council of the City of Iowa City, Iowa, that: 1. The funding allocations in attached Exhibit A are hereby adopted. 2. The City Manager is hereby authorized to execute agreements for Aid to Agencies with the organizations identified in Exhibit A. Passed and approved this end day of May , 2023. Ma r Approved by Attest: ' City Clerk City Attorney's Office Resolution No. 23-140 Page 2 It was moved by Alter and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent Abstain X Alter X Bergus X Dunn X Harmsen x Taylor X Teague x Thomas EXHIBIT A FY24 Legacy Aid to Agency Funding Agency FY24 Allocation Shelter House $99,790 Neighborhood Centers of Johnson County $70,000 Comm Unity Crisis Center and Food Bank $69,086 Free Medical Clinic $40,000 Domestic Violence Intervention Program $60,000 United Action for Youth $34,500 Table to Table $40,000 Big Brothers Big Sisters $27,125 Iowa Valley Habitat for Humanity $27,029 4Cs Community Coordinated Child Care $28,000 Pathways Adult Day Health Center $15,000 Houses into Homes $15,000 Rape Victim Advocacy Program $28,000 Horizons $38,000 Inside Out Reentry $31,000 Arc of Southeast Iowa $22,400 HACAP $27,270 Dream City $25,000 Free Lunch Program $15,000 Center for Worker Justice $15,000 Community and Family Resources (formerly Prelude) $0 HTFJC NA Total $727,200 FY24 Emerging Aid to Agency Funding Agency/Project FY24 Allocation Healthy Kids School Based Clinics $11,300 Iowa Legal Aid $9,300 Iowa City Compassion $9,560 TRAIL $7,415 Iowa City Sober Living $0 Community Transportation $0 Total $37,575 9, -F Prepared by: Erika Kubly, Neighborhood Services,410 E.Washington St., Iowa City, IA 52240 319-356-5230 Resolution No. Resolution alloca ' g human services Aid to Agencies funding for Fiscal Y- -r 024, July 1 , 2023 — June 30, 2024. Whereas, the City of Iowa City bus;eted for aid to local human services agenci-:; and Whereas, assistance to human servi•-s agencies that serve low-inco •- residents of Iowa City is considered a benefit to the community a- a whole; and Whereas, the amount of aid proposed to be - located, $751,500, budgeted as Aid to Human Service Agencies ($631,500) and Community Develop' ent Block Gra funds ($120,000) in the FY24 Budget; and Whereas, the Housing and Community Developme Commission recommended FY24 allocations of Legacy and Emerging Aid to Agencies funding at its ,:rch 30, 2023 meeting; and Whereas, FY24 Legacy Agency funding allocati• s will •e renewed for FY25 based on a two-year funding cycle in accordance with City Steps 20 :; and Whereas, use of the funds for Aid to Agencies is a public purp•se. Now, therefore, be it resolved the by Cit Council of the City of to a City, Iowa, that: 1. The funding allocations in attach;d Exhibit A are hereby adopte•. 2. The City Manager is hereby authorized to execute agreements or Aid to Agencies with the organizations identified in E ibit A. Passed and approved this day of , 202 Mayor Approved by Attest: G • City erk City Attorne s Office—04/26/20'3 EXHIBIT A FY24 Legacy Aid to Agency Funding Agency FY24 Allocation Shelter House $99,790 Neighborhood Cen.-rs of Johnson County $70,000 CommUnity Crisis C: ter and Food Bank $69,086 Free Medical Clinic $40,000 Domestic Violence Inte :ntion Program $60,000 United Action for Youth $34,500 Table to Table $40,000 Big Brothers Big Sisters $27,125 Iowa Valley Habitat for Humanit $27,029 4Cs Community Coordinated Chili Care $28,000 Pathways Adult Day Health Center $15,000 Houses into Homes $15,000 Rape Victim Advocacy Program $28,000 Horizons $38,000 Inside Out Reentry $31,000 Arc of Southeast Iowa $22,400 HACAP $27,270 Dream City $25,000 Free Lunch Program $15,000 Community and Family Resources (form-rly Prelude $0 Center for Worker Justice $0 HTFJC NA Total $712,200 FY24 Emerging Aid to Agency Funding Agency/Project FY24 Allocation Healthy Kids School Based Clinics $11,300 Iowa Legal Aid $9,300 Iowa City Compass..n $9,560 TRAIL $7,415 Iowa City Sober iving $0 Community Tra sportation $0 Total $37,575 Prepared By:Kellie K. Fruehling, City Clerk Reviewed By:Sue Dulek, First Assistant City Attorney Fiscal Impact:No impact. Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Resolution.doc Resolution - Exhibit A.pdf Resolution Exhibit B.pdf Item Number: 9.g. May 2, 2023 Resolution adopting an assessment schedule of unpaid mowing, clean-up of property, snow removal, sidewalk repair, and stop box repair charges and directing the Clerk to certify the same to the Johnson County Treasurer for collection in the same manner as property taxes. Executive Summary: This resolution is to adopt an assessment schedule for unpaid mowing, property clean-up, snow removal, sidewalk repair, and stop box repair. Background / Analysis: The City has the authority under Iowa Code §364.13B to assess the nuisance abatement costs in the same manner as a property tax. This resolution allows the City Clerk to certify to the Johnson County Treasurer the abatement cost to be assessed against the property. This assessment is being pursued only after the City took many steps to resolve the matter. The City notified the owners to abate the nuisance (for example, to remove snow from the sidewalk) and after the owner did not take action to abate the nuisance, the City abated the nuisance and billed the owner. After being billed at least twice, these owners still have not paid the abatement costs. The City has sent a letter to the owner giving them notice that this resolution would be on the agenda, a copy of which is attached to the resolution. No interest will be charged if the owner pays within 30 days of the first required publication. Attached as an exhibit to the resolution is a list of the properties that will be assessed and the amount that will be assessed. (1'r C)1 Prepared by: Kellie Fruehling,410 E.Washington St., Iowa City, IA 52240-319-356-5040 RESOLUTION NO. 23-141 Resolution adopting an assessment schedule of unpaid mowing, clean-up of property, snow removal, sidewalk repair, and stop box repair charges and directing the Clerk to certify the same to the Johnson County Treasurer for collection in the same manner as property taxes. Whereas, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; Whereas, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; Whereas, Iowa Code § 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and Whereas, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on June 15, 2023. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until June 14, 2023. payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this end day of May , 2023 A � Mayor Approved by ATTEST: I ,C LC City Clerk City Attorn y's Office— 04/27/2023 It was moved by Bergus and seconded by Alter the Resolution be adopted, and upon roll call there was: AYES: NAYS: ABSENT: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas k) 2 ( ) ( ! ) 7 § 0 \ z !)\z ) m/& z \ ~« \ZE 7 § \§ �k\ \ 2 4 ` 2] )\ }\ z \ 2( ��� \\ \ �� a) ; � ® q\ ° z § 2 77 ) ) 2 \ k k\ ) $ � $ $ \ $ $ § W. ( ( [ \ ) E ) ) § § I {Ell| a % D = u ! e k) EXHIBIT B I r -_. CITY OF IOWA CITY o.�,i ltd Imca i 2-W-I,S'r, April 25, 2023 ��� ���' ������� -g Property_Owner» «Mailing_Address» «City», «State», «Zip» Dear Property Owner: This is to notify you that the City Council will be considering a resolution on May 2, 2023, that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. The City Council meeting begins at 6:00 pm and is held at Harvat Hall, City Hall, 410 E. Washington St., Iowa City, Iowa. If you want to challenge the assessment, you are advised to come to the City Council meeting. You may also submit a letter or email to the City Council. The mailing address is: City Council, % City Clerk, 410 E. Washington St., Iowa City, IA 52240 and the email address is council iowa-city.orq Please note that all communication with City Council is a public record. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at 356-5043. Sincerely, Kellie Fruehling City Clerk Enc. 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SE - See correspondence from Iowa Natural Heritage Foundation and correspondence from the previously distributed 4/17/23 late handouts from the following: Katherine Chapman Keller, Dan and Pam Tiedt, David Larsen, Susan Shullaw, Nancy (Wagner) Mendoza and Mary (Wagner) Davis. Regular Formal Agenda Item 9.b 2023 Bond Resolution - See Bond package from Speer Financial Item 9.c TRC Consultant Contracts - Joint meeting with the Ad Hoc Truth and Reconciliation Commission - See correspondence from Riley EL, Angie Jordan, Annie Tucker Item 9.f FY24 Aid to Agencies - See correspondence from Will Kapp Item 9.g Assessment Schedule - ,.r_..._.... 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