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HomeMy WebLinkAbout2024-04-02 ResolutionItem Number: 5.b. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 1. Cigarette Permit for Bright Legacy, Inc., dba Up In Smoke, 208 N. Linn St. 2. Cigarette Permit for Bright Era, Inc., dba Up in Smoke, 1901 Broadway St. 3. Cigarette Permit for Corridor Underground Entertainment, dba Joystick, 13 S. Linn St., #10 Attachments: Resolution 67,6 FAILED Prepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 Resolution Number: Resolution to Issue Cigarette Permits Whereas, the following firms and persons have made an application and paid the taxes required by law for the sale of cigarettes, tobacco, nicotine and vapor products. Now, Therefore, be it Resolved by The City Council of Iowa City, Iowa, That: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to. sell cigarettes, tobacco, nicotine and vapor products: Up In Smoke - 1901 Broadway St. Up In Smoke - 208 N. Linn St. Joystick - 13 S. Linn -St., #10 Passed and approved this day of Attest: City Clerk Mayor Approved by City At orney's Office 20 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 Moe —XSalih X Teague Item Number: 6.b. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 Resolution appointing Geoff Fruin, City Manager, to the Assessor's Examining Board. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation Commission Recommendations: Attachments: Resolution Kirk Lehmann, Assistant City Manager Redmond Jones II, Deputy City Manager No impact - members of the board serve without compensation Approval n/a Executive Summary: The Assessor's Examining Board is a three-member board established to hold examinations for the position of assessor and to hear appeal of firing or suspension of a deputy assessor by the assessor. One member represents the Iowa City Community School District, one member represents Johnson County, and one member represents Iowa City. Members are appointed by the City Conference Board. The Iowa City position has been vacant since the previous appointed Board Member's term ended on December 31, 2023. The opening for the subsequent six-year term was initially posted on November 3, 2023, but no applications have been received to date despite the opening being advertised. Geoff Fruin, City Manager, volunteered to join the Board as a representative of Iowa City. At their meeting on March 19, 2024, City Council agreed to consider Geoff Fruin as a potential Board Member at an upcoming meeting due to the importance of filling the position. Background /Analysis: Because Iowa City has not received an application for the vacant Assessor's Examining Board position for multiple months, staff identified alternative methods of filling the vacancy. One such solution was appointing a member of staff to the Board. The statutory language that governs the appointment of members to the Examining Board in Section 441.3 of the Iowa Code (2024), requires only that the appointee is "a resident of the assessor jurisdiction". The Iowa Administrative Code affirms this requirement without providing for additional limiting requirements. Based on these sections, the City Attorney determined that there are no prohibitions on membership that would prevent a staff member from serving on the Assessor's Examining Board as long as that staff member lived within Iowa City. Consequently, Geoff Fruin would be an eligible appointee as a resident of Iowa City. As a result, the City Conference Board, at their last meeting, appointed Geoff Fruin, subject to Council approval. This item ratifies that approval. Prepared by: Kirk Lehmann, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5014 Resolution No. 24-74 Resolution appointing Geoff Fruin, City Manager, to the Assessor's Examining Board Whereas, the Assessor's Examining Board is a three-member board established to hold examinations for the position of assessor and to hear appeal of firing or suspension of a deputy assessor by the assessor; and Whereas, the previous Iowa City Board Member's appointed term ended on December 31, 2023, so the opening for the subsequent six-year term was initially posted on November 3, 2023; and Whereas, the City has advertised the opening, but no applications for the vacancy have been received to date; and Whereas, Geoff Fruin, City Manager, volunteered to join the Board and is eligible to serve on the Board as a resident of Iowa City; and Whereas, City Council recognizes the need to fill this vacancy and agreed to consider Geoff Fruin as a potential Board Member at their meeting on March 19, 2024. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The appointment of Geoff Fruin, City Manager, as the. City's representative on the Assessor's Examining Board, is hereby ratified. Passed and approved this 2nd day of April _,2024 C Mayor Approved by Attest: Le City Clerk City Attorney' Office - 03/26/2024 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 Moe X Salih X Teague Item Number: 6.c. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 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 Watersmith Engineering, LLC of Muscatine, Iowa to provide engineering consultant services for the Bradford Drive Water Main Replacement Project. Prepared By: Marri Van Dyke - Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: $74,000 available in the Bradford Drive Water Main Replacement Project Account #W3300. Staff Recommendation: Approval Attachments: Resolution - Approve Agreement - Bradford Dr Water Main.doc Consultant Agreement - Watersmith - Bradford Water Main.pdf Executive Summary: This agenda item approves a consultant agreement with Watersmith Engineering LLC, of Muscatine, Iowa for services related to the Bradford Drive Water Main Replacement Project. Background /Analysis: This project includes replacement of water main on Bradford Drive between Wade Street and William Street, on Louise Street between Bradford Drive and Wayne Avenue, and on Wayne Avenue between Wade Street and Arthur Street. The existing cast iron water main was installed in 1956 and is in need of replacement. Additionally, the project will install new water main on Bradford Drive between Wade Street and 1st Avenue, and between William Street and Arthur Street. This will make the system more robust by adding an additional looped feed. Prepared by: Marri VanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5044 Resolution No. 24-75 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 Watersmith Engineering, LLC of Muscatine, Iowa to provide engineering consultant services for the Bradford Drive Water Main Replacement Project. Whereas, the City desires to obtain the services of a qualified consulting firm to provide preliminary design, final design, preparation of a project manual for bidding, bidding assistance, and construction services for the Bradford Drive Water Main Replacement Project; and Whereas, the scope of the project will replace or install water main on Bradford Dr from Arthur St to 1st Ave, on Louise St from Bradford Dr to Wayne Ave, and on Wayne Ave from Wade St to Arthur St.; and Whereas, the 1956 cast iron water main on Bradford Dr, Louise St, and Wayne Ave has had eighteen (18) water main breaks; and Whereas, this project would also make the distribution system more robust by adding an additional looped feed to the system; and Whereas, the City issued a Request for Qualifications, On -Call Professional Design and Engineering Services (2023-2025), October 12, 2022, to private consulting firms interested in providing design and engineering services related to public improvement projects in the City of Iowa City; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with Watersmith Engineering LLC, of Muscatine, Iowa, to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Watersmith Engineering, LLC, of Muscatine, Iowa; and Whereas, funds for this project are available in the Bradford Drive Water Main Replacement Project account #W3300. 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 April , 2024 Resolution No. 74-75 Page 2 Attest: City derk It was moved by Dunn adopted, and upon roll call there were: Ayes: x M r Approved by City Attorne ' Mice (Liz Craig — 03/28/2024) and seconded by S Nays: Alter the Resolution be Absent: V4 Alter Bergus Dunn Harmsen Moe Salih Teague Consultant Agreement This Agreement, made and entered into this 2nd day of April , 2024, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Watersmith Engineering LLC, of Muscatine, Iowa, hereinafter referred to as the Consultant. Whereas, the City desires to obtain the services of a qualified consulting firm to provide preliminary design, final design, preparation of a project manual for bidding, bidding assistance, and constructions services for the Bradford Drive Water Main Replacement Project; and Whereas, the scope of the project will replace or install water main on Bradford Dr from Arthur St to 1 st Ave, on Louise St from Bradford Dr to Wayne Ave, and on Wayne Ave from Wade St to Arthur St.; and Whereas, the 1956 cast iron water main on Bradford Dr, Louise St, and Wayne Ave has had eighteen (18) water main breaks; and Whereas, this project would also make the distribution system more robust by adding an additional looped feed to the system; and Whereas, the City issued a Request for Qualifications, On -Call Professional Design and Engineering Services (2023-2025), October 12, 2022, to private consulting firms interested in providing design and engineering services related to public improvement projects in the City of Iowa City; and Whereas, submittals were received from consulting firms and evaluated by a selection committee; and Whereas, Consultant was selected based on qualifications, key personnel, project approach, and fees and rates; and Whereas, funds are available in the Bradford Drive Water Main Replacement Project, Account W3300; 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. 1. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. Engineering Services: 1. Preliminary engineering: i. Conduct a kick-off meeting with City Staff. ii. Review available information provided by the City. iii. Prepare preliminary engineering report: 1. Evaluate available information from Iowa DNR on leaking underground storage tanks (LUST). Preliminary review indicates there are no LUST within 500ft of the project. 2. Evaluate materials for the proposed 8" diameter pipe and recommend water main material(s) to be used on the project. IPA 3. Review and recommend project phasing to maintain water service to customers during construction. 4. Present draft report to City for review and comment. 5. Attend meeting with City staff to review draft report. 6. Finalize preliminary engineering report based on input received at review meeting. 2. 30% Engineering: i. Survey and field verify the project area (using the Iowa State Plane South Coordinate System). Project area is Bradford Dr from Arthur St to 1 st Ave, on Louise St from Bradford Dr to Wayne Ave, and on Wayne Ave from Wade St to Arthur St. ii. Create a base map for use during design and project document development. iii. Provide project plans, including estimate of construction costs, for review. Anticipated drawings include: 1. Overview map and control points 2. Water main plan and profile 3. Proposed property acquisition (none anticipated) iv. Project team meeting (City and Consultant staff) and field visits, as necessary, with meeting agenda and notes provided by the Consultant. 3. 60%, 90%, and Final Engineering Submittals: i. Provide project plans, including estimate of construction costs, for review at approximately 60%, 90%, and Final. Anticipated drawings include: 1. Title Sheet 2. Overview map and control points 3. General notes and quantities 4. Water main plan and profile 5. Traffic control plans 6. Pavement removals. Pavement removal includes sections of street and sidewalk. 7. Paving plans for street and sidewalk. 8. Restoration plans. ii. Provide project manual, including specifications and engineer's opinion of probable cost, for review at approximately 60%, 90% and Final. Specifications will be based on 2024 SUDAS with City of Iowa City Supplemental Specifications. iii. Plans and specifications shall include requirement for contractor to report exposed water service line materials. A bid item for service line replacement from the stopbox to the water meter shall be included. iv. Coordinate with private utility companies, as needed, for required relocations. v. Prepare and submit DNR water construction permit application. vi. Meet with City Staff to discuss and review comments. vii. Public engagement: prepare an informational letter for customers in the project area to be mailed by the City; prepare project maps and agenda for public meeting; attend and present information in public information meeting; prepare and distribute meeting notes and summary of input from public information meeting; follow-up with individual residents with project concerns. viii. Provide final bid documents, including a final estimate of construction costs. 4. Bid phase services, including assisting the City in responding to bidder inquiries on technical matters and preparing the appropriate clarifications and addenda. 5. Construction period services, including attending construction meetings and issuing meeting notes, shop drawing review, responding to Requests for Information (RFIs), issuing Instructions to Contractors (ITCs), preparing punch lists, assisting with closeout, and providing as -built record drawings based on contractor mark-ups. -3- B. Additional Services. The following services are not anticipated and are not included in the Scope of Services but may be performed by Consultant or subconsultant and the City's request, upon further amendment to this agreement in writing. No additional services shall be performed until such amendment is approved: 1. Geotechnical or environmental field work, sampling, or testing. 2. Hydraulic modeling of the water distribution or sewer collection network. 3. Bidding services for more than one bid. 4. Land surveying services for acquisition of additional right-of-way. Includes research, field work, and preparation of plat maps and legal descriptions for City to use in acquisition process. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. A. Kickoff meeting: Week of April 8, 2024 (based on April 2 council approval) B. Preliminary Engineering Report (Draft for review): April 30, 2024 C. Preliminary Engineering Report Review Meeting: Not anticipated D. 30% design submittal: May 31, 2024. E. 30% design review meeting: Week of June 10, 2024 F. 60% plans: July 31, 2024. G. 60% review meeting: Week of August 12, 2024 H. 90% plans: September 30, 2024. I. Property Acquisitions: not anticipated. J. Final plans, file with City Clerk, and submit to DNR for the Water Construction Permit: within 4 weeks of notice by City to proceed with final plans. III. Compensation for Services Compensation shall be based on the rates and fees shown on the attachment. The total cost of services shall not exceed $74,000. 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. 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. -4- 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. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional as required by Iowa law. 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. -5- O. Indemnification 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. 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 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 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 By: Title: Mayor Date: 4/212024 Attest: For the Cons Itant By: Title: Owner Date: 3/28/2024 App e by: • City Attorney's Office 94AY. Date Item Number: 6.d. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the Iowa Department of Transportation and the City of Iowa City. Prepared By: Marri Van Dyke — Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Staff Recommendation: Approval Attachments: Resolution - DOT Agreement - Riverside Dr Ped Bridge.doc Riverside Dr DOT Agreement.pdf Executive Summary: This item authorizes the Mayor to execute an Agreement between the Iowa Department of Transportation and the City of Iowa City supplementing an existing Memorandum of Understanding which details maintenance responsibilities for the Riverside Drive pedestrian bridge at Iowa Avenue. Background /Analysis: On July 12, 2022 the City contracted with Origin Design, Co. for the design of the Riverside Drive Pedestrian Bridge at Iowa Avenue Rehabilitation Project which generally includes concrete rehabilitation to the existing bridge and spiral ramp, expansion joint rehabilitation, pavement modifications at the spiral ramp landing, and aesthetic improvements including new handrail, new electrical lighting, and bridge deck coating. It is anticipated that this project will be bid for Summer 2024 construction. The University of Iowa, the Iowa Department of Transportation, and the City of Iowa City previously entered into a Memorandum of Understanding on November 19, 2002 which details their respective responsibilities for maintenance of the three pedestrian bridges crossing over Riverside Drive/Highway 6, including the pedestrian bridge at Iowa Avenue. The MOU states that the University and City are each responsible for 25% of the cost of major repair projects, and the DOT is responsible for 50% of the cost of major repair projects. The Riverside Drive Pedestrian Bridge at Iowa Avenue Rehabilitation Project is considered to be a major repair project. The University, DOT, and City are willing to jointly participate in said project in accordance with the original MOU. At the request of the DOT, this new Agreement was created in order to supplement the original MOU, and to clarify DOT responsibilities related to the project. Item Number: 6.e. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 Resolution approving Amendment #4 to an Agreement for Private Development by and between the City of Iowa City, Iowa and Riverside West, LLC formerly known as EMRICO Properties II, LLC. Prepared By: Rachel Kilburg, Economic Development Coordinator Reviewed By: Sara Hektoen, City Attorney's Office Tracy Hightshoe, Neighborhood & Development Services Fiscal Impact: N/A Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Riverside DA Amendment #4.pdf Executive Summary: This amendment to the development agreement (resolution 14-440, passed December 2, 2014) for the Riverside West apartments at 629 S. Riverside Drive accomplishes the following: • Provides flexibility to the Developer to meet the one 3BR affordable housing unit requirement by renting either one 3BR unit or one 2BR unit plus 1 BR unit; and • Clarifies income eligibility definitions, consistent with HUD Part 5 guidance and procedures for maintaining and verifying affordable housing requirements; and • Reduces the upcoming TIF rebate by 1/12, consistent with the finding that 1 out of 12 required affordable housing units housed a tenant who was not income -eligible. Background /Analysis: The City entered into an Agreement for Private Development by and between the City of Iowa City, Iowa and Riverside West, LLC formerly known as EMRICO Properties II, LLC. in December 2014 (resolution 14-440). As part of this agreement, the developer is eligible for annual economic development grants, otherwise known as TIF rebates, for compliance with the agreement. The City conducts annual certifications for compliance with approved TIF agreements, including monitoring of any affordable housing requirements outlined in the agreement. It is the private property owner's obligation to complete income verification and previous amendments to this development agreement have increased flexibility in the mix of unit -types to meet the affordability requirements. The 2023 review (which affects the June 2025 TIF rebate) of the Riverview West apartments at 629 S. Riverside Drive found one out of the 12 required units was not income eligible per the affordable housing requirements outlined in the TIF agreement, as amended. To remedy this breach, this amendment to the development agreement allows for a reduction of 1/12 of the June 2024 TIF Rebate to Riverview West. Additionally, while working with the developer on an issue with a separate income -restricted unit, it also became apparent that the income definition and income verification procedures to be used were not clear in the agreement, which caused confusion regarding what rules apply for unique household situations. As such, this amendment also clarifies the HUD Part 5 income definition will be the standard for income eligibility and further clarifies the asset limitation of $100,000 (excluding retirement income) for all future certifications. Finally, the amendment clarifies procedures for maintaining compliance with the affordable housing requirements when a previously eligible tenant is deemed no longer income eligible due to a change in household income. Doc ID: 032253660011 Type: GEN Kind: RESOLUTION Recorded: 04/09/2024 at 10:22:45 AM Fee Amt: $57.00 Paqe 1 of 11 Johnson County Iowa Kim Painter County Recorder qty STATE OF IOWA } ) SS JOHNSON COUNTY } a r � P rlll�i1� M! ° -"7 '.Cfty ot41� PI VT I, Kellie K. Grace, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 24-77 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of April 2024, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 16� day of April 2024. 410 EAST WASHINGTON STREET w IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Kellie k. Grace City Clerk lyes 410 EAST WASHINGTON STREET w IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 10, Prepared by Rachel Kilburg, Economic Dev. Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5248 RESOLUTION NO. 24-77 Resolution approving Amendment #4 to an Agreement for Private Development by and between the City of Iowa City, Iowa and Riverside West, L.L.C. formerly known as EMRICO Properties II, L.L.G. WHEREAS, the City of Iowa City and Riverside West, L.L.C., flkta EMRICO Properties II, L.L.C., the Developer, previously executed an Agreement for Private Redevelopment dated December 2, 2014, as a part of the development and revitalization of the Riverside Drive Urban Renewal Area in the City; and WHEREAS, Developer has constructed improvements on real estate in the Riverside Drive Urban Renewal Area located at 629 S. Riverside Drive, Iowa City, Iowa; and WHEREAS, the July 18, 2017, Amendment No. 3 to the Agreement modified the workforce housing unit types to be 12 units in any combination, with at least one 1BR, one 2BR, and one 3BR unit; and WHEREAS, due to the Developer's continued challenges in meeting the one 3BR requirement, the City is willing to further modify the Agreement to provide the Developer flexibility of either renting at least one 3BR or one 2BR and one 1 BR; and WHEREAS, the Developer's 2023 Annual Tenant Housing Report indicated, that Developer only leased 11 of the required 12 affordable units to income -eligible households for the prior year, being contrary to the requirements of Section 3.3 of the agreement, as amended, and WHEREAS, the Annual Certification required pursuant to Section 6.6 of the agreement indicated that Developer has not fully met the requirements of the Agreement, specifically the occupancy requirements set forth in Section 3.3 and Exhibit B, as amended; and WHEREAS, to remedy this non-compliance, the City intends to reduce the amount of the 2025 economic development grant paid to the Developer proportionally; and WHEREAS, the parties desire to further amend the Agreement to modify the required affordable unit housing types and to modify and clarify income verification requirements; and WHEREAS, Staff recommends approval of these amendments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1, The attached Amendment #4 to the Agreement for Private Redevelopment is hereby approved. 2. The Mayor is authorized and directed to execute the Amendment and the City Clerk is authorized and directed to attest his signature and to affix the seal of the City Clerk and record the same at Riverview West, L.L.C.'s expense. Resolution No. 24-77 Page 2 Passed and approved this 2nd day of April ATTEST: it A ,;��' CITY CLERK R Approve City Attome 's Office (Sara Hektoen — 03/2812024) Resolution No. z4-77 Page 3 It was moved by nunn and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Y Absent: Alter x Bergus Dunn Harmsen Moe Salih Teague AMENDMENT No. 4 TO AGREEMENT FOR PRIVATE REDEVELOPMENT THIS AMENDMENT N o . 4 TO AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinafter called "Amendment No. 4") is made on Auril 2 , 2024, by and between the City of Iowa City, Iowa, a municipal corporation (hereinafter referred to as "City"), and Riverview West, LLC (ftkta Franco Properties II, LLC) (hereinafter referred to as "Developer"). WITNESSETH: WHEREAS, the parties previously executed an Agreement for Private Redevelopment dated December 2, 2014, and recorded in Book 5377, Page 707 of the Records of Johnson County, Iowa (hereinafter referred to as "Redevelopment Agreement"), said Redevelopment Agreement having been entered into as a part of the development and revitalization of the Riverside Drive Urban Renewal Area in the City, and WHEREAS, the Redevelopment Agreement was previously amended by the parties by virtue of Amendments dated May 5, 2015, and recorded May 19, 2015, in Book 5366, Page 419, of the Records of Johnson County, Iowa, and an Amendment dated July 18, 2017, and recorded on July 26, 2017, in Book 5683, Page 256 of the Records of Johnson County, Iowa. (such Redevelopment Agreement as amended hereafter referred to as the "Agreement"); and WHEREAS, pursuant to a May 26„ 2015 Assignment of Agreement for Private Redevelopment recorded on June 1, 2015 in Book 5371, Page 202, of the Records of Johnson County, Iowa, the Developer collaterally assigned all of its right, title and interest in the Agreement to Hills Bank and Trust Company (hereafter "Assignee"), with the City's Consent to such Assignment recorded June 25, 2015, in Book 5385, Page 876, of the Records of Johnson County, Iowa; and WHEREAS, pursuant to the Agreement, Developer has constructed improvements on real estate in the Riverside Drive Urban Renewal Area located at 629 S. Riverside Drive, Iowa City, Iowa (hereinafter referred to as "Property"); and WHEREAS, the July 18, 2017, Amendment No. 3 to the Agreement modified the workforce housing unit types to be 12 units in any combination, with at least one IBR, one 2BR and one 3BR unit; and WHEREAS, due to Developer's challenges in meeting the one 3BR requirement of the Agreement, the City is willing to further modify the Agreement to provide Developer flexibility of either renting at least one 3BR or, in lieu thereof, one 2BR and one IBR; and WHEREAS, Developer's 2023 Annual Tenant Housing Report indicated, that Developer only leased I 1 of the required 12 affordable units to income -eligible households for the prior year, being contrary to the requirements of Section 3.3 of the Agreement, as amended; and WHEREAS, the Annual Certification required pursuant to Section 6.6 of the agreement indicated that Developer has not fully met the requirements of the Agreement, specifically the occupancy requirements set forth in Section 3.3 and Exhibit B; as amended: and WHEREAS, to remedy this non-compliance, the City intends to reduce the amount of the 2025 economic development grant paid to Developer proportionally; and WHEREAS, the parties desire to further amend the Agreement to modify the required affordable unit housing types and to impose additional income verification requirements. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE PARTIES HEREBY AGREE TO AMEND THE AGREEMENT AS FOLLOWS: 1. The last sentence of Section 3.3, "Occupancy" and the last sentence of the second paragraph of Exhibit "B" are deleted and replaced with the following: These twelve (12) units shall be comprised of any combination of one (1) to three (3) bedroom units consisting of at least one (1) one -bedroom, one (1) two- bedroom; and one (1) three- bedroom units and shall be leased by such income qualified tenants as described above for an average of eleven (11) months per each August 1 through July 31 fiscal year. Notwithstanding the foregoing, the one (1) three-bedroom unit requirement may be met by renting one (1) three-bedroom unit or one (1) two-bedroom and one (1) one -bedroom unit. This occupancy requirement shall remain in full force and effect through June 1, 2028, regardless of when the final Economic Development Grant is paid pursuant to Article VIII below. Income shall be determined based upon the City's adopted Affordable Housing Administrative Rules. Households with greater than one hundred thousand dollars ($100,000) in assets, excluding Retirement Assets, as defined in 14-2G-8 of the Iowa City Code of Ordinances, are not income eligible households. The annual household income shall be determined according to the HUD part 5, section 8 regulations on annual income codified in 24 CFR 5.609, as amended. For a married tenant temporarily living apart from a spouse, the income of both spouses shall be considered. Living apart shall be considered temporary if, for instance, the tenant is enrolled in an educational program and intends to resume residency with the spouse upon termination of a course of study. If a tenant initially deemed an income -eligible household for purposes of occupying an affordable housing dwelling unit pursuant to this Agreement, but is subsequently deemed no longer income eligible upon annual examination of household income, that tenant's unit shall not be considered an affordable housing dwelling unit and the rent can be adjusted to market rate. To maintain compliance with the affordable housing requirements, the next available rental unit in the project of comparable size or larger must be rented to an income eligible household. To that end, the affordable rental units need not be specifically designated in a fixed location, but may be floating throughout the development. 2. Developer acknowledges that it 1) failed to satisfy its occupancy obligations under the Section 3.3 and Exhibit B of the Agreement, as amended, by only leasing 11 of the required 12 affordable housing units to income -eligible households for the previous year, constituting 91.67% of the required affordable housing units; 2) that such failure meets the definition of an Event of Default pursuant to section 10.1(c) of the Agreement, as amended; and 3) that such Event of Default cannot reasonably be remedied within 30 days; and 4) that the City has the option to exercise remedies pursuant to Article VIII of the Agreement, as amended. The City is willing, however, to provide a reduced Economic Development Grant to Developer for this period. Developer acknowledges that the amount of Economic Development Grants paid on or about June 1, 2024 shall constitute 11112 (91.67%) of the Tax increments collected by the City with respect to the Minimum Improvements on Development Property. 3. Except as amended herein, all terms and provisions of the Agreement, as previously amended, remain in full force and effect. This Amendment shall be recorded in the records of the Johnson County, Iowa Recorder's Office at Developers expense. RIVERVIEW WEST, �LLC � By: UL -k �STLox.ti��l Kineret Zebner. Wrhper Zabner, Manager Patricia L. Hanick, Manager By: Kevin M. Hanick, Manager HILLS BANK AND TRUST COMPANY For the 6ra Purpose of Consenting to the Amendment ', By:an Senior Vice President (CORPORATE SEAL) CITY OF IOWA CITY By: Teague, Mayor ATTEST: I z: -�- Kellie Grace, City Clerk APPROVED BY CITY ATTORNEY: NOTARY ACKNOWLEDGEMENTS State of Iowa ) SS: County of Johnson ) This instrument was acknowledged before me on % UCh j c?Lf , 2024, by Kineret Zabner, as Manager of Riverview West, LLC, an Iowa limited liability company. (SEAL) 1W State of Iowa w rAcGvV-'-- Notar# Public in 9nd for the State of Iowa My Commission Expires: L 1.a�oi 2e> ) SS: County of Johnson ) Notary Public in and for the State of Iowa My Commission Expires: Lfldo/Stow This instrument was acknowledged before me on MoLrch $idea , 2024, by Joseph Zabner, as Manager of Riverview West, LLC, an Iowa limited liability company. (SEAL) -��o,, (MGLvkt, J BFVW TAI MCGINE�n*ypnNwtw g389M Notat� Public mand for the State of Iowa MY �pSPIRt s My Commission Expires: �� f c2Ci/3 5 APRIL NOTARY ACKNOWLEDGEMENTS State of Iowa ) SS: County of Johnson ) ` This instrument was acknowledged before me on _ � 143 .2024, by Kevin M. Hanick, as Manager of Riverview West, LLC, an Iowa limited liability company. (SEAL) BEAN A. MCIN a Cpnmhsm tWn l6er er 75 757W81 My Canmhsbn Expires Febtuery 18, 2847 State of Iowa Notary Public in and for thi State of Iowa My Commission Expires: ) SS: County of Johnson ) This instrument was acknowledged before me on '13 ` 2024, by Patricia L. Hanick, as Manager of Riverview West, LLC, an Iowa limited liability company. (SEAL) ! SEANA MCINTYRE a Coemnleelen Number757040— tr-� � 1 Mp Cemm salon Expires Y awl Fabruery 18, 2027 Notary Public in and for the Siate of Iowa My Commission Expires, 1� State of Iowa NOTARY ACKNOWLEDGEMENTS 1 SS! County of Johnson ) 7 Z , This instrument was acknowledged before me on _ 2024, by Brad Langguth, as Senior Vice President of Hills Bank and Trust Company./ (SEAL) W NpROoiTMr+fsshnNumber7T955> �Y COmmisgion ExAM�t State of Iowa Notary Public in and for the SC > of Iowa My Commission Expires: z ' ) SS: County of Johnson } On Arr/ i O1S . 2024, before me a Notary Public in and for said County and State, personally appeared Bruce Teague and Katlic Grace, to me personally known, who being duly sworn did say they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a Municipal Corporation created and existing under the laws of the State of Iowa, and that the seat affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation, by it and by them voluntarily executed (SEAL) q' Notary Public in and for the Sta a of ow My Commission Expires: �� . a�sy+t TAMARA NEUMANN Commission Number 838058 MY COMMISSION EXPIRES me* MARCH 14, 2025 Item Number: 7.a. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 Resolution setting public hearing on amending the Fiscal Year 2024 Operating Budget. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: See attached memo Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Notice of Public Hearing Amended FY24 Budget Resolution Executive Summary: On April 16, 2024, two public hearings are being scheduled: one hearing will be held to take public input on the proposed amendment of the fiscal year 2024 (FY2024) budget, and one hearing will be held to take public input on the proposed fiscal year 2025 (FY2025) budget. Following the first public hearing, a resolution to amend the FY2024 Operating Budget will be considered. Following the second public hearing, a resolution to adopt the FY2025 Operating Budget and a resolution to approve the FY2024 - 2026 Financial Plan and 2024 - 2028 Capital Improvement Plan document will be considered. The FY2025 adopted budget must be certified by the Johnson County Auditor's office by April 30, 2024. Background /Analysis: The FY2024 - 2026 Financial Plan and 2024 - 2028 Capital Improvement Plan document was made available to City Council and the general public in January 2024. This document included the proposed FY2024 amended budget and the proposed FY2025 budget. This document detailed the proposed and amended budgets as submitted by the City Manager following an extensive budget process. The City Council held public work sessions in January and February 2024 to review and discuss the FY2024 - 2026 Financial Plan and 2024 - 2028 Capital Improvement Plan document. During these budget work sessions, the City Manager and the department directors presented their budget proposals and responded to questions from the City Council. The City Council also clarified and refined their budget priorities during these work sessions. The Resolutions to Amend the FY2024 Budget and to Adopt the FY2025 Budget and related schedules represent the programs and details that were included in the FY2024 - 2026 Financial Plan and 2024 - 2028 Capital Improvement Plan document. The Resolutions and related schedules also include any subsequent changes as directed by the City Council as well as corrections and adjustments identified by City staff. The related schedules for the FY2024 Amended Budget and the FY2025 Budget will be made available to the public on April 2, 2024 and the Notices of Public Hearing for both will be published on April 4, 2024, in accordance with state law to allow for public input. Fiscal Year 2024 Revised Budget The FY2024 budget amendment presented for City Council approval is the second budget amendment of FY2024. This amendment incorporates all of the programs, changes, and updates presented in the financial plan and capital improvement plan document that was distributed to the City Council and the general public on January 12, 2024. The State of Iowa allows cities to amend the annual operating budget for supplemental appropriation authority. These changes may include new or revised revenue and expenditure projections, transfers between funds, and capital improvement plan changes. Increased expenditures must utilize available fund balance or additional revenue sources, as the State does not allow amendments to increase property taxes. According to the City's financial policies, amendments to operating budgets will be made only in the following situations: • emergency situations • transfer from contingency • expenditures with offsetting revenues or fund balance • carry-over of prior year budget authority for expenses that had not been paid as of the end of the fiscal year. Since the distribution of the plan document, one change was made by City staff to the amended FY2024 budget. The change to the amended FY2024 budget is summarized as follows: Utilizing Revenue Replacement under the American Rescue Plan Act to allow for more time and less restrictions for funding for certain projects: ($10,000,000)Reduce Other Shared Revenues Expenses $10,000,000 Increase Other Shared Revenues Transfer Outs $10,000,000 Increase General Fund Transfer Ins $10,000,000 Increase General Fund Expenses The proposed budget amendment to the City's FY2024 budget does not increase property taxes or change the property tax levy rate and expenditures are funded from increased revenues or available fund balance. NOTICE OF PUBLIC HEARING -AMENDMENT OF CURRENT BUDGET City of IOWA CITY Fiscal Year July 1, 2023 -June 30, 2024 The City of IOWA CITY will conduct a public hearing for the purpose of amending the current budget for fiscal year ending June 30, 2024 Meeting Date/Time: 4/16/2024 06:00 PM I Contact: Kellie Grace Phone: (319) 356-5041 Meeting Location: 410 E. Washington St., Emma Harvat Hall There will be no increase in taxes. Any residents or taxpayers will be heard for or against the proposed amendment at the time and place specified above. A detailed statement of: additional receipts, cash balances on hand at the close of the preceding fiscal year, and proposed disbursements, both past and anticipated, will be available at the hearing. Budget amendments are subject to protest. If protest petition requirements are met, the State Appeal Board will hold a local hearing. For more information, consult htt s://dom.iowa.gov/local-gov-appeals. REVENUES & OTHER FINANCING SOURCES Total Budget as Certified or Last Amended Current Amendment Total Budget After Current Amendment Taxes Levied on Property 1 66,312,743 0 66,312,743 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 66,312,743 0 66,312,743 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 4,083,031 -23,184 4,059,847 Other City Taxes 61 3,596,467 -6 3,596,461 Licenses & Permits 7 2,033,921 0 2,033,921 Use of Money & Property 8 3,172,348 0 3,172,348 Intergovernmental 9 46,478,959 7,576,242 54,055,201 Charges for Service 10 51,347,782 -862,500 50,485,282 Special Assessments 11 1,381 0 1,381 Miscellaneous 12 10,728,836 -5,717,550 5,011,286 Other Financing Sources 13 43,427,400 445,000 43,872,400 Transfers In 141 56,872,195 19,647,893 76,520,088 Total Revenues & Other Sources 15 288,055,063 21,065,895 309,120,958 EXPENDITURES & OTHER FINANCING USES Public Safety 16 31,268,923 232,757 31,501,680 Public Works 17 12,945,536 143,631 13,089,167 Health and Social Services 18 696,500 0 696,500 Culture and Recreation 19 17,559,545 229,647 17,789,192 Community and Economic Development 20 32,700,687 -1,617,999 31,082,688 General Government 21 14,052,690 259,848 14,312,538 Debt Service 22 13,210,690 35,000 13,245,690 Capital Projects 23 67,411,738 -15,489,999 51,921,739 Total Government Activities Expenditures 24 189,846,309 -16,207,115 173,639,194 Business Type/Enterprise 25 115,540,638 22,115,932 137,656,570 Total Gov Activities & Business Expenditures 26 305,386,947 5,908,817 311,295,764 Transfers Out 27 56,872,195 19,647,893 76,520,088 Total Expenditures/Transfers Out 28 362,259,142 25,556,710 387,815,852 Excess Revenues & Other Sources Over Under Expenditures/Transfers Out 29 -74,204,079 -0,490,815 -78,694,894 Beginning Fund Balance July 1, 2023 30 157,640,187 79,738,979 237,379,166 Ending Fund Balance June 30, 2024 31 83,436,108 75,248,164 158,684,272 Explanation of Changes: Amendments include the review and modification of the 2024 CIP plan, an adjustment to interest expense within debt service, and various other smaller amendments. Additional detail is on file and available from the Iowa City Finance Department. 03/25/2024 12:39 PM Paae 1 of 1 Prepared by: Nicole Davies, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5085 Resolution No. 24-78 Resolution setting public hearing on amending the Fiscal Year 2024 Operating Budget. Be it resolved by the City Council of Iowa City, Iowa, that a public hearing will be held in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Steet, Iowa City, Iowa, at 6:00 p.m., April 16, 2024, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any resident to be heard for or against the proposed amendment to the Fiscal Year 2024 Operating Budget. The City Clerk is hereby directed to give notice of said public hearing and time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 2nd day of April , 2024. M r n, Attest: City Clerk Approved by City Attory's Office - 03/27/2024 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 Moe X Salih X Teague Item Number: 7.b. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 Resolution setting a public hearing on April 16, 2024 to discuss the proposed Fiscal Year 2025 Operating Budget, the proposed three-year Financial Plan for Fiscal Year 2024 - Fiscal Year 2026, and the five-year Capital Improvement Plan 2024 - 2028. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: See attached memo Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Notice of Public Hearing Resolution Executive Summary: On April 16, 2024, two public hearings are being scheduled: one hearing will be held to take public input on the proposed amendment of the fiscal year 2024 (FY2024) budget, and one hearing will be held to take public input on the proposed fiscal year 2025 (FY2025) budget. Following the first public hearing, a resolution to amend the FY2024 Operating Budget will be considered. Following the second public hearing, a resolution to adopt the FY2025 Operating Budget and a resolution to approve the FY2024 - 2026 Financial Plan and 2024 - 2028 Capital Improvement Plan document will be considered. The FY2025 adopted budget must be certified by the Johnson County Auditor's office by April 30, 2024. Background /Analysis: The FY2024 - 2026 Financial Plan and 2024 - 2028 Capital Improvement Plan document was made available to City Council and the general public in January 2024. This document included the proposed FY2024 amended budget and the proposed FY2025 budget. This document detailed the proposed and amended budgets as submitted by the City Manager following an extensive budget process. The City Council held public work sessions in January and February 2024 to review and discuss the FY2024 - 2026 Financial Plan and 2024 - 2028 Capital Improvement Plan document. During these budget work sessions, the City Manager and the department directors presented their budget proposals and responded to questions from the City Council. The City Council also clarified and refined their budget priorities during these work sessions. The Resolutions to Amend the FY2024 Budget and to Adopt the FY2025 Budget and related schedules represent the programs and details that were included in the FY2024 - 2026 Financial Plan and 2024 - 2028 Capital Improvement Plan document. The Resolutions and related schedules also include any subsequent changes as directed by the City Council as well as corrections and adjustments identified by City staff. The related schedules for the FY2024 Amended Budget and the FY2025 Budget will be made available to the public on April 2, 2024 and the Notices of Public Hearing for both will be published on April 4, 2024, in accordance with state law to allow for public input. Financial Impact: Fiscal Year 2025 Proposed Budget On January 12, 2024, the FY2024 - 2026 Financial Plan and 2024 - 2028 Capital Improvement Plan document was delivered to the City Council and made available to the general public. Since that time, changes and adjustments were made by City staff to the proposed FY2025 budget. The changes to the FY2025 budget are summarized as follows: Removed PD license plate reader software, which reduced General Fund expenditures by $40,000 Increased some of the proposed parking meter rate increase from to $2.00/hr to $3.00/hr, which increased Parking Fund revenues by $100,000. Increased service expenditures for parking ramp operations by $37,400 for enhanced cleaning services for ramps, which increased Parking Fund expenditures. The final proposed property tax levy rate for FY2025 is $15.633 per $1,000 of taxable valuation; this is unchanged from the proposed levy rate presented in January. The FY2025 levy rate is unchanged from Iowa City's FY2024 levy rate of $15.663 per $1,000 of taxable valuation. From fiscal years 2013 to 2023, the City's property tax levy rate was decreased for eleven consecutive years by a total of $2.21 or 12.38%. 3/25/24, 4:19 PM Local Government Property Valuation System NOTICE OF PUBLIC HEARING— PROPOSED BUDGET Fiscal Year July 1, 2024 - June 30, 2025 City of: IOWA CITY The City Council will conduct a public hearing on the proposed Budget at: 410 E. Washington St., Emma Harvat Hall Meeting Date: 4/16/2024 Meeting Time: 06:00 PM At the public hearing any resident or taxpayer may present objections to, or arguments in favor of, any part of the proposed budget. This notice represents a summary of the supporting detail of revenues and expenditures on file with the City Clerk and County Auditor. City budgets are subject to pi utest If protest petition requircorrals are met, the State Appeal Bum it will hold a local hearing. Fur arm a infonnatimy consult http.s://doiii.iowa The Budget Estimate Summary of proposed receipts and expenditures is shown below. Copies of the the detailed proposed Budget may be obtained or viewed at the offices of the Mayoc, City Clerk, and at the Library. e estimated Total tax levy rate per 1000 valuation on regular property 15.63305 e estimated tax levy rate per 1000 valuation on Agiicultuial landis 3.00375 At the public hearing, any resident or taxpayer may present objections to, or Phone Number (319) 356-5041 arguments in favor of, any part of the proposed budget City Clerk/Financc Officer's N Kellie Grace Budget FY 2025 Re -estimated FY 2024 Actual FY 2023 Revenues & Other Financing Sources Taxes Levied on Property 1 68,821,450 66,312,743 66,682,280 Less. Uncollected Property Taxes -Levy Year 2 0 0 0 Net Current Property Taxes 3 68,821,450 66,312,743 66,682,280 Delinquent Property Taxes 4 0 0 2,733 TIF Revenues 5 4,388,100 4,059,847 4,086,247 Other City Taxes 6 3,576,298 3,596,461 3,838,982 Licenses& Permits 7 2,122,880 2,033,921 2,854,375 Use of Money and Property 8 3,171,385 3,172,348 7,499,685 Intergovernmental 9 65,768,611 54,055,201 40,945,223 Charges for Fees & Service 10 56,579,585 50,485,282 50,340,498 Special Assessments 11 2,000 1,381 0 Miscellaneous 12 10,151,601 5,011,286 4,530,030 Other Financing Sources 13 16,770,900 43,872,400 11,873,518 TiansfeisIn 14 57,338,700 76,520,088 61,737,614 Total Revenues and Other Sources 151 288,691,510 309,120,958 254,391,185 Expenditures & Other Financing Uses Public Safety 16 31,911,220 31,501,680 29,377,655 Public Works 17 13,161,600 13,089,167 10,357,277 Health and Social Services 18 687,576 696,500 680,058 Culmrc and Recreation 19 17,695,590 17,789,192 16,378,547 Community and Economic Development 20 10,229,871 31,082,688 14,340,550 General Government 21 13,626,818 14,312,538 11,303,254 Debt Service 22 13,787,740 13,245,690 13,165,630 Capital Projects 231 41,047,794 51,921,739 22,949,801 Total Government Activities Expenditures 24 142,148,209 173,639,194 118,552,772 Business Type/Enterprises 25 99,559,142 137,656,570 67,112,243 Total ALL Expenditures 26 241,707,351 311,295,764 185,665,015 Transfers Out 27 57,338,700 76,520,088 61,737,614 Total ALL Expenditures/Transfers Out 28 299,046,051 387,815,852 247,402,629 Excess Revenues & Other Sources Over (Under) Expeuditures/Ti ausfers Out 29 -10,354,541 -78,694,894 6,988,556 Beginning Fund Balance July l 30 158,684,272 237,379,166 230,390,610 Ending Fund Balance June 30 31 148,329,731 158,684,272 237,379,166 https://dom-localgov.ima.gov/budget-renderer?id=17837 1/2 Prepared by: Nicole Davies, Finance Director, 410 E. Washington St., Iowa City IA 52240 (319)356-5085 Resolution No. 24-79 Resolution setting a public hearing on April 16, 2024 to discuss the proposed Fiscal Year 2025 Operating Budget, the proposed three-year Financial Plan for Fiscal Year 2024 - Fiscal Year 2026, and the five-year Capital Improvement Plan 2024 - 2028. Be it resolved by the City Council of the City of Iowa City, Iowa, that a public hearing on said proposal should be and is hereby set for April 16, 2024, at 6:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Steet, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law, to permit any taxpayer to be heard for or against the proposed Fiscal Year 2025 Operating Budget and the proposed Fiscal Year 2024 - Fiscal Year 2026 Financial Plan and also the five- year Capital Improvement Plan 2024 - 2028. Passed and approved this 2nd day of April Attest: 1 p 1> > e__ City Clerk 2024. Approved by City Attorn 's Office - 03/27/2024 It was moved by Dunn and seconded by Alter adopted, and upon roll call there were: Ayes: X X X X —X X X Nays: Absent: X Alter Bergus Dunn Harmsen Moe Salih Teague the Resolution be 7, 6 M r Approved by City Attorn 's Office - 03/27/2024 It was moved by Dunn and seconded by Alter adopted, and upon roll call there were: Ayes: X X X X —X X X Nays: Absent: X Alter Bergus Dunn Harmsen Moe Salih Teague the Resolution be 7, 6 Item Number: 7.c. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 Resolution setting a public hearing for April 16, 2024 on an ordinance amending Title 3, entitled "Finance, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code to increase or change charges and fees. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Water rate adjustments for FY2025 amounting to an increase of approximately $320,000 per year in revenues for the Water fund. Wastewater rate adjustments for FY2025 amounting to an increase of approximately $628,000 per year in revenues for the Wastewater fund. Solid Waste Disposal rate adjustments for FY2025 amounting to an increase of approximately $190,000 per year in revenues for the Refuse fund. Tipping fee rate adjustments for FY2025 amount to an increase of approximately $750,000 per year in revenues for the Landfill fund. Parking rate and fine adjustments for FY2025 amounting to an increase of approximately $3,000,000 per year in revenues for the Parking fund, $160,000 per year in revenues for the Transit fund and $150,000 per year in revenues for the General fund. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Notice of Public Hearing.docx Utility Fee Draft Ordinance.doc Utility Fee Resolution.doc Executive Summary: The Finance Department requests the City Council set a public hearing for April 16, 2024 to consider amending Title 3, Chapter 4 of the City Code. Title 3, Chapter 4 amendments include a 3% increase in water users charges, a 4% increase in wastewater user charges, an increase in residential solid waste collection fees for curbside recycling fees by $1.00 per dwelling unit per month, an increase in the tipping fee charged at the landfill by $2.50 per ton, an increase in the hourly parking ramp fee by $1.00 per hour in the Court Street Transportation Center, Tower Place, Capital Street and Dubuque Street parking ramps, an increase in the hourly parking ramp fee by $1.25 per hour in the Chauncey Swan and Harrison Street ramps with the first hour free, an increase in the hourly parking meters from between $0.75 to $1.50 depending on the location and an increase in the fines for parking violations by varying amounts per violation in fiscal year 2025. Background /Analysis: Title 3, Chapter 4 of the City Code is the "Schedule of Fees. Rates, Charges, Bonds. Fines and Penalties" Potable Water Use and Service Rate Adjustments In the revised fiscal year 2024, the Water fund has a projected ending fund balance of $14,109,124. With the rate adjustments the projected ending fund balance for fiscal year 2025 would be $14,234,372, a slight 0.9% increase. The City's five-year capital improvement program projects water funding for capital projects over the next five years to be between $1,770,000 and $3,100,000 each year for a total of $12,000,000. This figure does not include the cost of repairing emergency water main breaks. Without a rate increase, the fund balance would decline. The Water fund is an enterprise or a business -type fund that is expected to be self -funding. The primary solution is to review water rates and charges to ensure that the fund is generating sufficient revenue to cover both its operating and capital expenses. By implementing a user rate increase of 3% in fiscal year 2025 the anticipated decline in the water fund's cash balance is greatly reduced. This solution also provides for a much healthier and sustainable fund over time versus financing the necessary capital improvements through revenue bonds or other debt. All fees and charges, within the Water rates, are proposed to be increased 3% in fiscal year 2025, with a few small exceptions. The fee for the direct purchase of water is proposed to remain at $0.50 per 100 gallons, the deposit for residential tenant accounts is proposed to remain at $120.00, and the reconnection of discontinued service is proposed to remain at $45.00. With these changes the minimum monthly charge for households with a 5/8 or 5/8 x 3/4 meter size increases from $8.52 to $8.78 in fiscal year 2025. The proposed fee increases are expected to generate enough revenue to be able to help offset the increases in operational costs and in funding for the capital improvement program and ensuring that the Water fund remains a self -funding enterprise. The expected increase in revenues is approximately $320,000 each year. Wastewater Treatment Works User Charges Rate Adjustments In the revised fiscal year 2024, the Wastewater fund had an ending unassigned fund balance of $13,456,836. With a rate adjustment the projected ending fund balance for fiscal year 2025 would be $12,867,336, a 4.4% decrease. The City's five-year capital improvement program projects wastewater funding for capital projects over the next five years to be between $926,000 and $4,972,000 each year for a total of $12,822,000. Additionally, two revenue bonds totaling $33,000,000 are planned in fiscal year 2024 for two major capital projects. The Wastewater fund is an enterprise or a business -type fund that is expected to be self - funding. The primary solution is to review wastewater rates and charges to ensure that the fund is generating sufficient revenue to cover both its operating and capital expenses. By implementing a user rate increase of 2% in fiscal year 2024 the anticipated decline in the wastewater fund's cash balance is greatly reduced. This solution also provides for a much healthier and sustainable fund over time versus financing the necessary capital improvements through additional revenue bonds or other debt. All fees and charges, within the Wastewater rates, are proposed to be increased 5% in fiscal year 2025, with one exception. The fee for a deposit for a residential tenant account is proposed to remain at $120.00. With these changes the minimum monthly charge for households for up to 100 cubic fee of water used increases from $8.31 to $8.73 in fiscal year 2025. The proposed fee increases are expected to generate enough revenue to be able to help offset the increases in funding for the capital improvement program and revenue bond debt and ensuring that the Wastewater fund remains a self -funding enterprise. The expected increase in revenues is approximately $628,000 each year. Solid Waste Disposal Rate Adjustments In the revised fiscal year 2024, the Refuse Collection fund had an ending unassigned fund balance of $2,018,613. The estimated fund balance for fiscal year 2025 with the rate adjustments is $2,186,413, which is an increase of 8.3%. The City's curbside program has seen consistent increases in trash, recycling and organics usage over the past three years, while fuel, equipment, and labor costs have increased for all three services. Without the $1.00 per dwelling unit per month increase for curbside recycling, the fund balance would continue to decline. In the revised fiscal year 2024, the Landfill fund had an ending unassigned fund balance of $2,547,958. The estimated ending fund balance for fiscal year 2024 with the rate adjustments is $2,739,708, a 7.5% increase. The City's five-year capital improvement program projects landfill funding for capital projects over the next five years to be between $0 and $4,910,750 each year for a total of $6,322,500. The increase to the tipping fee of $2.50 per ton is needed to help offset the capital projects costs and is more comparable to what other area landfills are charging. The Refuse Collection and Landfill funds are enterprise or business -type funds that are expected to be self -funding. The primary solution is to review user rates to ensure that the fund is generating sufficient revenue to cover both operating and capital expenses. By implementing the solid waste rate increases mentioned previously in fiscal year 2025, the anticipated declines in the funds' cash balances are greatly reduced. This solution also provides for much healthier and sustainable funds over time versus financing the necessary capital improvements through revenue bonds or other debt. The proposed fee increases are expected to generate enough revenue to support the increase in operational costs and capital projects and ensures that the Refuse Collection and Landfill funds remain a self -funding enterprise. The expected increase in revenues for the Refuse Collection and Landfill funds are approximately $190,000 and $750,000 a year, respectively. Parking Rate Adjustments In the revised fiscal year 2024, the Parking fund had an ending unassigned fund balance of $1,476,139, which is 22% of revenues and transfers in. We want this number to be at least 50% of revenues and transfers in. The projected ending fund balance for fiscal year 2025 is estimated to be $3,482,780, a 136% increase, but still only 33% of revenues and transfers in. With a rate increase, we can start building our unassigned fund balance, implement enhanced cleaning for our ramps and downtown and help subsidize fare free for Transit. The Parking fund is an enterprise or a business -type fund that is expected to be self -funding. The primary solution is to review parking rates to ensure that the fund is generating sufficient revenue to cover both its operating and capital expenses. By implementing increases for hourly parking in the ramps, hourly parking meters and for parking violations, the parking fund's cash balance is anticipated to increase. This solution also provides for a much healthier and sustainable fund over time versus financing the necessary capital improvements through revenue bonds or other debt. With this increase in the hourly parking in the ramps, the hourly fee increases from either $0.75 or $1.00 to $2.00 an hour, the hourly fee for parking meters increases from $0.75 to $1.50, $1.00 to $1.50 or $1.50 to $3.00, depending on location, the fines for parking violations are increasing varying amounts per violation in fiscal year 2025. The proposed fee increases are expected to generate enough revenue to support the increased costs in operations, funding for the capital improvement program and helps to ensure the Parking fund remains a self -funding enterprise. The expected increase in revenues is approximately $3,000,000 a year. The hourly ramp increase is also expected to increase Transit fund revenues by $160,000 for the Court Street Transportation Center ramp. The increase in parking fine violations is also expected to increase General fund revenues by $150,000. Notice of Public Hearing Notice is hereby given that a public hearing will be held at which the Council will consider: Ordinance amending Title 3, Entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," of the City Code to increase water system, wastewater system, solid waste disposal, and parking charges and fees. Copies of the proposed ordinance are on file for public examination in the office of the City Clerk, City Hall, 410 E. Washington St., Iowa City, Iowa. Copies are available by telephoning the City Clerk at 319/356-5043 or emailing kellie-fruehling(cDiowa-city.org. The public hearing will be held at 6:00 p.m. on April 16, 2024, in the Emma J. Harvat Hall, City Hall, Iowa City. Persons wishing to make their views known for Council consideration are encouraged to participate. Kellie K. Fruehling, City Clerk Prepared by: Nicole Davies, Finance Director, 410 E. Washington Street, Iowa City, IA 52240, 319-356-5085 160MMOM0110 Ordinance Amending Title 3, Entitled "City Finances, Taxation And Fees," Chapter 4, Entitled "Schedule Of Fees, Rates, Charges, Bonds, Fines, And Penalties" Whereas, pursuant to Chapter 384, Code of Iowa (2023), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's water supply and treatment system, wastewater treatment system, solid waste disposal services at the municipal landfill, and parking system; and Whereas, the City's financial policies dictate that the Water fund shall be self-supporting; and Whereas, the City's current water rate structure does not provide sufficient revenue to fund the necessary operations; and Whereas, the Iowa City City Council intends to provide a water rate and fee structure that makes the City's water utilities self-sustaining; and Whereas, the Iowa City City Council proposes to increase water user charges by 3% on July 1, 2024 to recover the City's cost of providing services; and Whereas, the City's financial policies dictate that the Wastewater fund shall be self-supporting; and Whereas, the City's current wastewater rate structure does not provide sufficient revenue to fund the necessary operations; and Whereas, the Iowa City City Council intends to provide a wastewater rate and fee structure that makes the City's wastewater utilities self-sustaining; and Whereas, the Iowa City City Council proposes to increase wastewater user charges by 5% on July 1, 2024 to recover the City's cost of providing services; and Whereas, the City's financial policies dictate that the Refuse and Landfill funds shall be self- supporting; and Whereas, the City's current solid waste disposal rate structure does not provide sufficient revenue to fund the necessary operations; and Whereas, the Iowa City City Council intends to provide a solid waste disposal rate and fee structure that makes the City's refuse and landfill utilities self-sustaining; and Whereas, the Iowa City City Council proposes to increase curbside recycling by $1.00 per dwelling unit, per month and to increase the landfill tipping fee by $2.50 per ton on July 1, 2024, to adequately finance the municipal solid waste operational costs; and Whereas, the City's financial policies dictate that the Parking fund shall be self-supporting; and Whereas, the City's current parking rate structure does not provide sufficient revenue to fund the necessary operations; and Ordinance No. Page 2 Whereas, the Iowa City City Council intends to provide a parking rate and fee structure that makes the City's Parking utilities self-sustaining; and Whereas, the Iowa City City Council proposes to increase the hourly parking ramp fee by $1.00 per hour in the Court Street Transportation Center, Tower Place, Capital Street and Dubuque Street parking ramps, the hourly parking ramp fee by $1.25 per hour in the Chauncey Swan and Harrison Street ramps with the first hour free, the hourly parking meters from between $0.75 to $1.50 depending on the location and the fines for parking violations by varying amounts per violation on July 1, 2024 to recover the City's cost of providing services. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendment. 1. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3, entitled "Potable Water Use and Service," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-3: Potable Water Use and Service: Description Of Fee, Charge, Bond, Fine Or Penalty Amount Of Fee, Charge, Bond, Fine Or Penalty Water service charges (see section 16-3A-4 of this Code): Meter Size Charge (Inches) For first 100 cubic feet or less of water used, based on '/e, 5/e x'/4 $ 8.78 meter size 3/4 9.59 1 11.29 1'/2 22.51 2 30.27 3 55.95 4 97.57 6 196.34 There will be no minimum monthly charge for a single purpose water meter for the months of November to March if no water is used. User charges for water in excess of 100 cubic feet per Monthly Charge Per 100 Cubic Feet month: Usage (Cubic Feet) Dual purpose meters 101-3,000 $4.09 Over 3,000 2.94 Single purpose meters Over 100 4.09 Other charges and discounts: Charge Low income discount 60 percent of minimum monthly water charge Temporary water use (see subsection 16-3A-4 B of this Code): During construction for the first 90 days from the date Charge Per Month of the connection to the water main for a new water service or a maximum of 90 days for reconstruction: Single- and two-family residences $ 20.52 Multi -family residences 20.52 Commercial structures 34.19 After 90 days for any structure, until the water meter is 136.72 Ordinance No. Page 3 2. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 4, entitled "Wastewater Treatment Works User Charges," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3.4.4: Wastewater Treatment Works User Charges: installed Charge Direct purchase of water fee, per 100 gallons or fraction $ 0.50 thereof (see subsection 16-3A4 C of this Code) Deposit and delinquency fee for combined City water and/or sanitary sewer and/or solid waste collection accounts (see section 16-3A5 of this Code): Residential owner account 0.00 Residential tenant account 120.00 Commercial account An amount equal to an average 2 month billing for commercial service for City water and/or sanitary sewer service, or $120.00, whichever is greater 10 percent delinquency charge on current billed portion of the outstanding amount on combined water and/or sanitary sewer and/or solid waste account that is not paid within 22 days of billing date. Can be waived once every 12 months Delinquency deposit fee for combined water and/or An amount equal to an average 2 month billing for the sanitary sewer and/or solid waste collection accounts (see delinquent account. Can be waived if the account holder section 16-3A-5 of this Code) enrolls in SurePay To connect water main extensions, per acre Charge $539.42 Service Fees During Normal After Normal Working Hours Working Hours' Reconnection of discontinued service $45 $94.48 Posting fee for shutting off water in collection procedure $0 Not done after normal working hours Frozen water meters $40.13, plus cost of meter $94.48, plus cost of meter Shut off water service at curb and check for exterior leaks No charge $94.48, plus hourly overtime rate beyond 2 hours Broken or damaged hydrant Repair cost $94.48, plus repair cost Location of City owned water main for other utilities No charge No charge Location of City owned water main for private enterprise No charge $94.48, plus hourly overtime rate beyond 2 hours Check water meter for accuracy at consumer's request $90.94 Not done after normal working hours Annual fire hydrant fee for inspection and operation of fire 107.47 Not done after normal hydrants which are privately owned or owned by other working hours government agencies After hours callout fee for any water work done outside of Not applicable $94.48, plus hourly normal working hours overtime rate beyond 2 hours 2. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 4, entitled "Wastewater Treatment Works User Charges," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3.4.4: Wastewater Treatment Works User Charges: Ordinance No. Page 4 Sanitary Sewer Service Charges; Description Of Fee, Amount Of Fee, Charge, Bond, City Code Charge, Bond, Fine Or Penalty Fine Or Penalty Chapter, Article Or $3.50 Section Reference Minimum monthly charge (includes the first 100 cubic $8.73 16-3A4 feet of water used) Additional yard waste carts over 1, per month Monthly charge for each additional 100 cubic feet of 427 16-3A-4 water used Low income discount 60 percent of monthly minimum 16-3A-4 charge Monthly surcharge: BOD (per pound) 300 or less MPL' Included in charge for 100 cubic feet 16-3A4 of water used BOD (per pound) from 301 MPL to 2,000 MPL' $ 0.305 16-3A4 BOD (per pound) greater than 2,000 MPL' 0.456 16-3A4 Suspended solids (SS) (per pound) 0244 16-3A4 Monthly minimum, unmetered user 35.73 16-3A4 Manufactured housing park, monthly minimum per lot 35.73 16-3A4 Holding tank waste - plus landfill fees 0.035 per gallon 16-3A4 Holding tank waste hauler - annual permit 971.40 per year 16-3A4 Deposit and delinquency fee for combined City water 16 -3A -5,16-3A-7 and/or sanitary sewer and/or solid waste collection accounts: Residential owner account, per combined residential 0.00 service for City water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined residential 120.00 service for City water and/or sanitary sewer and/or solid waste collection service 10 percent delinquency charge on current billed 10.0 percent current billed portion. portion of the outstanding amount on combined water Can be waived once every 12 and/or sanitary sewer and/or solid waste account that months is not paid within 22 days of billing date Delinquency deposit fee for combined City water and/or An amount equal to an average 2- 16-3A-5 sanitary sewer and/or solid waste collection accounts month billing for the delinquent account. Can be waived if the account holder enrolls in SurePay 3. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows: 34-5: Solid Waste Disposal: Description Of Fee, Charge, Bond, Fine Or Penalty Charge Yard waste collection fees: Per dwelling unit, per month $3.50 Low income discount 75 percent of monthly charge Untreated wood waste Free Additional yard waste carts over 1, per month $3.50 Ordinance No. Page 5 Collection of large items fees: Appliance collection, per Rem collected $20.00 Bulky solid was $20.00 per stop and 1 item; $10.00 per additional items Tire collection $3.75 per tire; $7.50 tire and rim Residential solid waste collection fees: Curbside household refuse: Per dwelling unit, per month $14.00 Low income discount 75 percent of monthly charge Per sticker for each additional bag beyond each unit's monthly allotment $ 2.50 each Additional refuse carts over 1, per month $14.00 each Per 2 rooming units, per month (in addition to the dwelling unit fees) 15.90 Electronic waste TVs or monitors $21.50 per Rem Curbside recycling: Per dwelling unit, per month $8.50 Low income discount 75 percent of monthly charge Iowa City community compost $20.00 per ton, $2.00 minimum Wood chip mulch No charge Deposit and delinquency fee combined for City water and/or sanitary sewer and/or solid waste collection accounts: Residential owner account, per combined residential service for City water and/or sanitary sewer and/or solid waste collection service $ 0.00 Residential tenant account, per combined residential service for City water and/or sanitary sewer and/or solid waste collection service 120.00 5 percent delinquency charge on current billed portion of the outstanding amount on combined water and/or sanitary sewer and/or solid waste account that is not paid within 22 days of billing date 5 percent current billed portion. Can be waived once every 12 months Delinquency deposit for combined water and/or sanitary sewer and/or solid waste collection service An amount equal to an average 2 -month billing for the delinquent account. Can be waived if the account holder enrolls in SurePay Special wastes disposal fees: Disposal of special wastes (except for asbestos containing material and contaminated soils) 2 times the landfill use fees in this section Minimum fee 2 times the landfill use fee for 1 ton Asbestos containing material (ACM): Nonfriable ACM, from Iowa City premises subject to a Property Tax and City owned property $100-00tton Nonfriable ACM, from other locations 105.001ton Friable ACM, from Iowa City premises subject to a Property Tax and City owned property 100.001cubic yard Friable ACM, from other locations 105.001cubic yard Minimum fee for any regulated ACM 100.00 Ordinance No. Page 6 Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 6, entitled "Stormwater Utility Fee," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing R as follows: 3-4-8: Parking: Description Of Fee, Charge, Fine Or Penalty Contaminated soil: 50-00tton Penalty Parking ramp fees: Minimum fee for contaminated soil 150.00 Disposal of large items fees (see also Collection of large items fees above): First hour= Free Appliance disposal fees: Hours 2+ _ $2.00 per hour Street parking ramps), per hour Commercial per item disposed 1.00/cubic foot Monthly all day permits with advance payment (Court Street 90.00 Residential per Rem disposed $12.50 (at landfill scale house) Tire disposal fee: Place, Capital Street, and Dubuque Street parking ramps), per Per pound $015 Annual all day permits with advance payment (Court Street Subject to minimum fee 3.00 Transportation Center, Chauncey Swan, Harrison Street, Tower Untreated wood waste and yard waste: 24-00tton Place, Capital Street, and Dubuque Street parking ramps), per Minimum 2.00 Landfill use fees: Arriving at the landfill with an unsecured or uncovered load: First instance in trailing 12 months Warning Second or subsequent instances in trailing 12 months $50.00 Electronic waste $3.00 per item; TVs or monitors $15.00 per item Solid waste from Iowa City premises subject to a Property Tax and City owned property: Total landfill fee per ton (includes State fee per ton) $47.50 All other solid waste: Total landfill fee per ton (includes State fee per ton) $52.50 Minimum fee in lieu of tonnage fees (600 pounds or less): Solid waste from Iowa City premises subject to a Property Tax and City owned property $14.00 All other solid waste $15.00 Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 6, entitled "Stormwater Utility Fee," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing R as follows: 3-4-8: Parking: Description Of Fee, Charge, Fine Or Penalty Amount Of Fee, Charge, Fine Or Penalty Parking ramp fees: Hourly parker (Court Street Transportation Center, Tower Place, First hour= Free Capital Street, Chauncey Swan, Harrison Street and Dubuque Hours 2+ _ $2.00 per hour Street parking ramps), per hour Monthly all day permits with advance payment (Court Street 90.00 Transportation Center, Chauncey Swan, Harrison Street, Tower Place, Capital Street, and Dubuque Street parking ramps), per month Annual all day permits with advance payment (Court Street 1,026.00 Transportation Center, Chauncey Swan, Harrison Street, Tower Place, Capital Street, and Dubuque Street parking ramps), per year Ordinance No. Page 7 Reissue of monthly, quarterly or annual permit, each reissue 25.00 City employee monthly all day permits, per month Half price City council monthly all day permits, per month No charge Lost ticket fee $ 30.00 Surface lot fees: Monthly all day permits, per month 70.00 Monthly all day permits (annual advance payment), per year 798.00 Monthly off hours permits (after 5:00 P.M., Monday through Friday, all day Saturday and Sunday), per month; all city surface lots 63.00 Parking meter fees (except as otherwise marked): Central business district on street meter, per hour 3.00 Central business district lot meter, per hour 3.00 100 - 300 blocks of East Jefferson Street, per hour 3.00 100 - 200 block of North Clinton Street, per hour 1.50 10 block of West Court Street, per hour 1.50 10 - 300 block of East Court Street, per hour 1.50 300 block of South Linn Street, per hour 1.50 300 block of South Dubuque Street, per hour 1.50 300 block of South Clinton Street, per hour 1.50 100 - 300 blocks of East Market Street, per hour 1.50 100 - 200 block of North Linn Street, per hour 1.50 400 block of Iowa Avenue, per hour 1.50 Market Street and Schuman parking lots, per hour 1.50 Peripheral lot meter (outside central business district), per hour 1.50 Peripheral on street meter (outside central business district), per hour 1.50 Fee for contractor reservation of space, per day 25.00 Moped/scooter/motorcycle permit (annual permit): January 1, 2015 — December 31, 2023 90.00 January 1, 2024 - 95.00 Fines for parking violations: Overtime parking 15.00 Commercial loading zone; each period runs from July 1 until June 30 of subsequent year. First citation each period 25.00 Second+ citation each period 40.00 Expired meter; each period runs from July 1 until June 30 of the subsequent year: First citation each period Warning Second citation each period $ 10.00 Third citation each period 15.00 Fourth citation each period 20.00 Ordinance No. Paqe 8 Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect on July 1, 2024. Passed and approved this day of , 20 Mayor Attest: City Clerk Approved by City Attorney's Office Fifth citation each period 30.00 Sixth+ citation each period 40.00 Prohibited zone 25.00 Illegal parking; handicapped parking space $200.00, or as specified in Iowa Code section 321.236(1)(b), as amended, for violations of Iowa Code section 321 L.4(2) Library patron only parking $20.00 Library outside book drop off only 20.00 Parking in passenger loading zone 25.00 Parking where prohibited or restricted during a snow emergency 50.00 Parking in front of fire hydrant 50.00 Parking in fire lane 40.00 All other illegal parking violations 25.00 Increases: 30 days after issue, all parking violations, if not already paid or appealed, shall increase in amount by $10.00, or as allowed by Iowa Code section 321.236(1)(b), as amended Original ticket amount plus $10.00 Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect on July 1, 2024. Passed and approved this day of , 20 Mayor Attest: City Clerk Approved by City Attorney's Office Prepared by: Nicole Davies, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5085 Resolution No. 24-80 Resolution setting a public hearing for April 16, 2024 on an ordinance amending Title 3, entitled "Finance, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code to increase or change charges and fees. Whereas, pursuant to Chapter 384, Code of Iowa (2023), the City of Iowa City'provides certain utilities, such as potable water use and service, wastewater treatment, solid waste disposal services, and parking; and Whereas, it is in the public interest to review certain fees and charges associated with said services; and Whereas, the Iowa City City Council proposes to increase water service charges by approximately 3% for billing on or after July 1, 2024; and Whereas, the Iowa City City Council proposes to increase wastewater service charges by approximately 5% for billing on or after July 1, 2024; and Whereas, the Iowa City City Council proposes to increase curbside recycling by $1.00 per dwelling unit, per month, and to increase the landfill tipping fee by $2.50 per ton, all on or after July 1, 2024; and Whereas, the Iowa City City Council proposes to increase the hourly parking ramp fee by $1.00 per hour in the Court Street Transportation Center, Tower Place, Capital Street and Dubuque Street parking ramps, the hourly parking ramp fee by $1.25 per hour in the Chauncey Swan and Harrison Street ramps with the first hour free, the hourly parking meters from between $0.75 to $1.50 depending on the location and the fines for parking violations by varying amounts per violation on or after July 1, 2024; and Whereas, the City Code requires that notice and public hearing on proposed changes in rates for fees and charges for City utilities be provided to the public, prior to enactment of said rates for fees and charges. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: A public hearing on an ordinance amending Title 3 entitled "Finances, Taxation and Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," of the City Code to increase water service charges, wastewater treatment charges, solid waste disposal charges, and parking charges is to be held on the 16th day of April, 2024, at 6:00 p.m., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. Passed and approved this 2nd day of Aprf1 2024. Resolution No. 24-80 Page 2 Attest: L�, City Clerk J l Ma Approved by City Attorney' Office — 03/28/2024 Resolution No. 24-80 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 _ Bergus x Dunn x Harmsen x Moe x Salih x Teague Item Number: 7.d. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 Resolution setting a public hearing on April 16, 2024 on project manual and estimate of cost for the construction of the Mercer Scanlon Roof and Skylight Improvements Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Ben Clark — Senior Engineer Reviewed By: Jason Havel — City Engineer Josh Worrell — Facilities Manager Juli Seydell Johnson — Parks & Recreation Director Geoff Fruin — City Manager Fiscal Impact: $462,000 available in the Recreation Center Improvements account #R4351 Staff Recommendation: Approval Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the construction of the Mercer Scanlon Roof and Skylight Improvements Project. Background /Analysis: The roofing systems at Mercer Park Aquatic Center and Scanlon Gymnasium have reached the end of their useful lifespan and need replacement. This project includes replacing the prismatic skylights, roof membrane and flashing over the gymnasium and coating the Kalwall skylight system above the main entrance to the building. A future project will replace the roof membrane and flashing over the natatorium. 1, J Prepared by: Ben Clark, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436 Resolution No. 24-81 Resolution setting a public hearing on April 16, 2024 on project manual and estimate of cost for the construction of the Mercer Scanlon Roof and Skylight Improvements Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas, funds for this project are available in the Recreation Center Improvements account #R4351. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: 1. A public hearing on the project manual and estimate of cost for the construction of the above-mentioned project is to be held on the 161' day of April, 2024, at 6:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the project manual and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 2nd day of April , 2024 kfay6r Approved by Attest: City blerk City Attor ey's Office (Liz Craig - 03/28/2024) 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 Moe X Salih X Teague Item Number: 7.e. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 Resolution setting a public hearing on April 16, 2024 on project manual and estimate of cost for the construction of the Kirkwood Ave CRANDIC Railroad Crossing Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Ethan Yoder — Civil Engineer Reviewed By: Jason Havel — City Engineer Ron Knoche — Public Works Director Geoff Fruin — City Manager Fiscal Impact: $165,000.00 available in the Pavement Rehabilitation account#S3824 Staff Recommendation: Approval Attachments: Location Map Resolution Executive Summary: This project generally includes removal and replacement of pavement, ADA compliant sidewalk and curb ramps, and storm intake top replacement. Background /Analysis: CRANDIC Railroad is repairing the railroad crossing on Kirkwood Ave and is working with the City to construct the approaches to the crossing. Project Timeline: Hold Public Hearing and Approve Project Manual: April 2, 2024 Bid Letting Date: April 23, 2024 Contract Award Council Meeting Date: May 7, 2024 Construction Dates: Summer 2024 to Fall 2024 --Z i -3.L, 0 F:-- ri KIRKWO01 A 9w W- PROJECT LOCATION q, e. r�r-j, or, 5L ter N IftI 0% kw a 0 Prepared by: EtKan Yoder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5145 Resolution No. 24-82 Resolution setting a public hearing on 16th of April, 2024 on project manual and estimate of cost for the construction of the Kirkwood Ave CRANDIC Railroad Crossing Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas, funds for this project are available in the Pavement Rehabilitation account #S3824. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: 1. A public hearing on the project manual and estimate of cost for the construction of the above-mentioned project is to be held on the 2nd day of April, 2024, at 6:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the project manual and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 2nd day of April 20 91,_ Approved by / Attest: G . City Clerk City Attorney; Office - 03/28/2024 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 Moe X Salih X Teague l Ma Approved by / Attest: G . City Clerk City Attorney; Office - 03/28/2024 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 Moe X Salih X Teague Item Number: 10.a. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 Resolution approving a project manual and estimate of cost for the construction of the Iowa Avenue Bridge Trail Underpass Bridges Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Ethan Yoder — Civil Engineer Reviewed By: Jason Havel — City Engineer Ron Knoche — Public Works Director Geoff Fruin — City Manager Fiscal Impact: $170,000.00 available in the Bridge Maintenance/Repair account #S391 0 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This project generally includes removal and replacement of deteriorated trail underpass approach bridges on both the north and south side of the Iowa Avenue Bridge. This construction includes demolition, structural steel, reinforced concrete, steel guardrail and other related work. Background /Analysis: The 2023 Biennial Bridge inspection of the Iowa Avenue bridge found that the trail bridge approaches to the pedestrian tunnel under the Iowa Avenue bridge had started to fail. The recommendation from the inspection was to close the pedestrian tunnel and to remove and replace the bridges to the tunnel. Project Timeline: Hold Public Hearing and Approve Project Manual: April 2, 2024 Bid Letting: April 23, 2024 Contract Award: May 7, 2024 Construction: May 2024 to July 2024 Prepared by: Ethan Yoder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5145 Resolution No. 24-83 Resolution approving project manual and estimate of cost for the construction of the Iowa Avenue Bridge Trail Underpass Bridges Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Bridge Maintenance/Repair account #S3910. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to City of Iowa City, Iowa. 3. 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. 4. 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 23rd day of April, 2024. 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 7th day of May, 2024, or at a special meeting called for that purpose. Passed and approved this 2nd day of April 20 24 Attest: 1`A �Ctc"P City Uerk M Approve y City Attorn 's ffice (Liz Craig - 03/28/2024) M Resolution No. 24-83 Page 2 It was moved by salih 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 Moe x Salih x Teague Item Number: 10.b. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 Resolution approving project manual and estimate of cost for the construction of the Mormon Trek PCC Patching Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Marri Van Dyke - Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: $670,000 available in the Annual Pavement Management Account #S3824. Staff Recommendation: Approval Attachments: Location Map Resolution Executive Summary: This project generally includes approximately 4,000 square yards of portland cement concrete (PCC) patching on Mormon Trek Boulevard, north of Melrose Avenue. Background /Analysis: Mormon Trek Boulevard has developed significant pavement cracking in multiple locations between Melrose Avenue and the Iowa Interstate Railroad. In order to extend the life of the roadway, extensive PCC patching will be completed with this project. Location Map Mormon Trek PCC Patching Project Prepared by: Marri VanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5044 Resolution No. 24-84 Resolution approving project manual and estimate of cost for the construction of the Mormon Trek PCC Patching Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Annual Pavement Management Account #S3824. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to City of Iowa City, Iowa. 3. 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. 4. 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 231 day of April, 2024. 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 7th day of May, 2024, or at a special meeting called for that purpose. Passed and approved this 2nd day of April May®r Attest: City dlerk 2024. Approved by City Attor ey's Office (Liz Craig - 03/28/2024) E Resolution No. 24-84 Page 2 It was moved by Alter and seconded by Moe the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter x Bergus x Dunn x Harmsen x Moe x Salih x Teague Item Number: 10.c. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 Resolution instituting proceedings to take additional action for the authorization of a loan and disbursement agreement and the issuance of $3,322,000 Sewer Revenue Capital Loan Notes Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Adopted as part of the FY2024 Revised Budget and 2024- 2028 Capital Improvement Program. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Iowa City (147) - Hearing Proceedings 2024 Sewer SRF P D.docx Executive Summary: This loan is for the planning and design of two projects at the South Wastewater Treatment Plant. They are the Digester Complex Rehabilitation and the Digester Gas Improvements projects. Background /Analysis: The City has qualified for a 0% interim planning and design loan from Iowa Water Pollution Control Works Program (the "SRF Program") to be applied to the engineering and planning for certain projects at the South Wastewater Treatment Plant, the Digester Complex Rehabilitation and the Digester Gas Improvements. Following the design of the projects, additional hearing(s) will be necessary to obtain borrowing authority over and above the amount covered by this hearing. This hearing will permit the City to take advantage of the 0% interim loan program, which then may be rolled into the future long-term SRF loan. The borrowing of loan funds by the City through the SRF program involves the same procedures applicable to the issuance and sale of municipal bonds generally. Although the Iowa Finance Authority (the "Authority") has agreed to make the City a loan under the terms of a Loan and Disbursement Agreement, that loan will be secured and evidenced by a Sewer Revenue Capital Loan Note that will be issued to the Authority at the time the loan is closed, which is anticipated to be approximately a year from now. The City's bond attorney, Kristin Billingsley Cooper, and the City's municipal advisor, Maggie Burger, are both assisting with the loan process. 10,x:. Items to Include on Agenda for April 2, 2024 City of Iowa City, Iowa $3,322,000 Sewer Revenue Capital Loan Notes. Public hearing on the authorization of a Loan and Disbursement Agreement and the issuance of Notes to evidence the obligation of the City thereunder. Resolution instituting proceedings to take additional action. Notice Must Be Given Pursuant to Iowa Code Chapter 21 and the Local Rules of the City. April 2, 2024 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 o'clock P .M., on the above date. There were present Mayor Teague , in the chair, and the following named Council Members: Alter, Dunn, Harmsen, Moe, Salih, Teague Absent: Bergus 2 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of $3,322,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, in order to provide funds to pay costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including the Digester Complex Rehabilitation Project, and that notice of the proposed action by the City Council to institute proceedings for the authorization of the Loan and Disbursement Agreement and the issuance of the Notes had been published pursuant to the provisions of Sections 384.24A and 384.83 of the Code of Iowa, as amended. The Mayor then asked the Council whether any written objections had been filed by any City resident or property owner to the proposal. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the proposal and 0 were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) 3 The City Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Alter introduced and delivered to the Clerk the Resolution hereinafter set out entitled "Resolution Instituting Proceedings to Take Additional Action for the Authorization of a Loan and Disbursement Agreement and the Issuance of $3,322,000 Sewer Revenue Capital Loan Notes", and moved: ® that the Resolution be adopted. ❑ to Adjourn and defer action on the Resolution and the proposal to institute proceedings to the meeting to be held at o'clock M. on the day of , 2024, at this place. Council Member Moe seconded the motion. The roll was called and the vote was, Ayes: Alter, Dunn, Harmsen, Moe, Salih, Teague Nays: None Whereupon, the Mayor declared the measure duly adopted. M Resolution No. 24-85 Resolution Instituting Proceedings to Take Additional Action for the Authorization of a Loan and Disbursement Agreement and the Issuance of $3,322,000 Sewer Revenue Capital Loan Notes Whereas, pursuant to notice published as required by law, this City Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of $3,322,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, for the purpose of paying costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including the Digester Complex Rehabilitation Project, and has considered the extent of objections received from residents or property owners as to said proposal, and accordingly the following action is now considered to be in the best interests of the City and residents thereof- Now, hereof Now, Therefore, Be It Resolved by the City Council of the City of Iowa City, Iowa: Section 1. That this City Council does hereby institute proceedings and takes additional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required by law of $3,322,000 Sewer Revenue Capital Loan Notes for the foregoing purpose. Section 2. That the Clerk, with the assistance of bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final City Council authorization of the required Loan and Disbursement Agreement and issuance of the Note to evidence the City's obligations thereunder, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. Passed and Approved this 2nd day of April, 2024. M r Attest: City 6erk 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 corporate records of the City showing proceedings of the City 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 (a copy of the face sheet of the agenda being attached hereto) 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 City hereto affixed this 2nd day of April , 2024. _) - '6 j 1L acs City C erk, City of Iowa City, State of Iowa (Seal) 02321513\10714-147 Item Number: 10.d. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 Resolution approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Iowa City and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $3,322,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2024, of the City of Iowa City, Iowa, under the provisions of the Code of Iowa and providing for a method of payment of said note. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Adopted as part of the FY2024 Revised Budget and 2024- 2028 Capital Improvement Program. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Iowa City (147) - Interim Loan and Disbursement Agreement 2024 Sewer SRF P D.docx Iowa City (147) - Delivery Certificate 2024 Sewer SRF P D.docx Iowa City (147) - Transcript Certificate 2024 Sewer SRF P D.docx Iowa City (147) - Form of Note 2024 Sewer SRF P D.docx Iowa City (147) - Authorizing Resolution 2024 Sewer SRF P D.docx Executive Summary: This loan is for the planning and design of two projects at the South Wastewater Treatment Plant. They are the Digester Complex Rehabilitation and the Digester Gas Improvements projects. Background /Analysis: The City has qualified for a 0% interim planning and design loan from Iowa Water Pollution Control Works Program (the "SRF Program") to be applied to the engineering and planning for certain projects at the South Wastewater Treatment Plant, the Digester Complex Rehabilitation and the Digester Gas Improvements. Following the design of the projects, additional hearing(s) will be necessary to obtain borrowing authority over and above the amount covered by this hearing. This hearing will permit the City to take advantage of the 0% interim loan program, which then may be rolled into the future long-term SRF loan. The borrowing of loan funds by the City through the SRF program involves the same procedures applicable to the issuance and sale of municipal bonds generally. Although the Iowa Finance Authority (the "Authority") has agreed to make the City a loan under the terms of a Loan and Disbursement Agreement, that loan will be secured and evidenced by a Sewer Revenue Capital Loan Note that will be issued to the Authority at the time the loan is closed, which is anticipated to be approximately a year from now. The City's bond attorney, Kristin Billingsley Cooper, and the City's municipal advisor, Maggie Burger, are both assisting with the loan process. 10.61 INTERIM LOAN AND DISBURSEMENT AGREEMENT This Interim Loan and Disbursement Agreement (the "Agreement") is entered into as of April 26, 2024, by and between the City of Iowa City, Iowa (the "City"), and the Iowa Finance Authority, as -lender (the "Lender"). The parties agree as follows: 1. The Lender shall loan to the City an interim amount not to exceed $3,322,000, without interest. 2. The City has adopted a resolution (the "Resolution") authorizing and approving this Agreement pursuant to the provisions of Section 76.13 of the Code of Iowa, 2023, as amended, and providing for the issuance and securing the payment of this Agreement, and the Resolution is incorporated herein by reference, and the parties agree to abide by the terms and provisions of the Resolution. This Agreement and the interest thereon, if any, together with any additional obligations as may be hereafter issued and outstanding from time to time under the conditions set forth in the Resolution, shall be payable from (i) proceeds of an authorized loan agreement corresponding to the anticipated issuance of capital loan notes previously authorized by action of the City Council or (ii) such other funds as may be lawfully available for such purpose and appropriated by the City. 3. The loan proceeds (the "Loan Proceeds") shall be used for the purposes set forth in the Resolution and shall be made available to the City in the form of one or more periodic disbursements as provided for in this section. Prior to disbursement the City shall provide to the Lender a payment request on a form provided by the Lender and evidence that the costs for which the disbursement is requested have been incurred. Disbursements to the City will be made on or about the second and fourth Tuesday of each month. Submission of the completed information required by this section shall be made by the City not less than eight (8) days prior to the disbursement date. Funds shall be disbursed to the City at the address specified in the disbursement request in the form of a check, wire transfer or automated clearinghouse system transfer, as requested by the City. 4. This Agreement shall be executed and delivered to the Lender in evidence of the City's obligation to repay the amounts payable hereunder. Amounts disbursed hereunder shall not bear interest (0%), and shall be payable as to principal in full on the date and in the total aggregate amount drawn by the City as set forth in the Resolution. This Agreement shall be subject to prepayment prior to maturity and shall contain such other terms and provisions as provided in the Resolution. 5. The City understands and agrees this Agreement may be terminated at the option of the Lender if the City has not entered into a Loan and Disbursement Agreement with the Lender pursuant to the Iowa Water Pollution Control Works Financing Program within three years of the date of this Agreement. If the City enters into a Loan and Disbursement Agreement with the Lender pursuant to the Iowa Water Pollution Control Works Financing Program within three years of the date of this Agreement, the Lender shall permit the City to repay this Agreement in full pursuant to the terms of the Loan and Disbursement Agreement executed between the City and the Lender under the Iowa Water Pollution Control Works Financing Program. 6. This Agreement is executed pursuant to the provisions of Section 76.13 of the Code of Iowa and shall be read and construed as conforming to all provisions and requirements of the statutes. The parties hereto agree this Agreement and all documents related thereto and referenced herein may be entered into and provided for pursuant to and in accordance with Chapter 554D of the Code of Iowa. 7. This Agreement may be amended, supplemented or modified as agreed to in writing by both the City and the Lender. 8. In the event of any inconsistency or conflict between the terms and conditions of the Resolution and this Agreement, the parties'acknowledge and agree that the terms of this Agreement shall take precedence over any such terms of the Resolution. IN WITNESS WHEREOF, we have hereunto affixed our signatures all as of the date first above written. ATTEST: �-Lc L -P 8--, C/ -L c'e-' City berk (SEAL) CITY OF IOWA CITY, IOWA I/ C Maor Pj IN WITNESS WHEREOF, I have hereunto affixed my signature all as of the date first above written. IOWA FINANCE AUTHORITY Its: 02322114\10714-147 10.01 Delivery Certificate We, the undersigned City officials, do hereby certify that we are the officers, respectively below indicated, of a municipal corporation in the State of Iowa, known as the City of Iowa City, Iowa; that in pursuance of the provisions of Section 76.13, Code of Iowa, there have been heretofore lawfully authorized and this day by us lawfully executed, issued, caused to be registered and authenticated and delivered one fully registered Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2024, of the City of Iowa City, Iowa, in the amount of $3,322,000, dated the date of delivery, bearing no interest, and maturing three years from the date of issuance. The Note has been executed with the manual signature of the Mayor and the manual signature of the City Clerk of said City. The Note has been delivered to: Iowa Finance Authority of Des Moines, Iowa, and has been paid for in accordance with the terms of the contract of sale and at a price of par. We further certify that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City, or the titles of the undersigned officers to their respective positions, or the validity of the Note, or the power of the City to provide and apply adequate funds, including proceeds of Notes heretofore authorized for the purpose and appropriated to the Project Fund from which the Note is made payable, for the full and prompt payment of the principal and interest of the aforesaid Note, and that no measure or provision for the authorization or issuance either of said Note or any source of moneys appropriated or pledged to the project construction fund from which the Note are made payable has been repealed or rescinded. We further certify that each of the officers whose signatures appear on the Note were in occupancy and possession of their respective offices at the time the Note was executed and do hereby adopt and affirm their signatures appearing in the Note. We further. certify that the present financial condition of the City is as follows: Total Sewer Revenue bonded indebtedness, including above-mentioned Project Note $ 3 322 000 All other indebtedness of any kind, payable from Sewer Revenues $ 0 In Witness Whereof, we have hereunto affixed our hands at Iowa City, Iowa, this day of 12024. Mayor City Cl rk //Zn W2�- finance Dire for (Seal) 02321926\10714-147 Transcript Certificate I, the undersigned, being first duly sworn, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the City of Iowa City, State of Iowa, and that as such Clerk I have in my possession or have access to the complete corporate records of the City Clerk and of its Council and officials, and that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that the transcript hereto attached is a true and complete copy of all the corporate records in relation to the authorization, issuance and disposition of a $3,322,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2024, of the City dated April 26, 2024, and that the transcript hereto attached contains a true and complete statement of all the measures adopted and proceedings, acts and things had, done and performed up to the present time, in relation to the authorization, issuance and disposition of the Note, and that the Council consists of a Mayor and six (6) Council Members, and that the offices were duly and lawfully filled by the individuals listed in the attached transcript as of the dates and times referred to therein. I further certify that the City is and throughout the period of such proceedings has been governed under the Mayor/Council form of municipal government authorized by Chapter 372, Code of Iowa, under the provisions of its charter as recorded with the Secretary of State. I further certify that all meetings of the City Council of the City at which action was taken in connection with the Note were open to the public at all times in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and was duly given at least twenty-four hours prior to the commencement of the meeting by notification of the communications media having requested such notice and posted on a bulletin board or other prominent place designated for the purpose and easily accessible to the public at the principal office of the Council, all pursuant to the provisions and in accordance with the conditions of the local rules of the Council and Chapter 21, Code of Iowa. I further certify that no City officer or employee has any interest in the contract for the sale of the Note or any matter incidental thereto, according to my best knowledge and belief. WITNESS my hand and the seal of the City hereto attached this 2nd day of April , 2024, at Iowa City, Iowa. r City Clerk, City of Iowa City, State of Iowa (SEAL) Finally, the below stated officers whose signatures appear hereafter are now the duly qualified and acting officials of the City, possessed of the offices as designated below, to -wit: Mayor B i�Xc Teague (Original gn re) City Clerk Finance Director STATE OF IOWA COUNTY OF JOHNSON Kellie Grace (Original Signature) Nicole Davies ) SS (Original Signature) Subscribed and sworn to before me by Bruce Teague, Kellie Grace and Nicole Davies on this "A day of T 2024. (SEAL) lo��aue �� TAMARA NEUMANN Commission Number 838058 * MY COMMISSION EXPIRES NO MARCH 14, 2025 02321958\10714-147 2 Notary Public in and for nson County, Iowa 10.d Registered No. R-1 United States of America State of Iowa County of Johnson City of Iowa City, Iowa Sewer Revenue Capital Loan Notes Anticipation Project Note Series 2024 Interest Rate Final Maturity Date 0.00% April 26, 2027 Registered $3,322,000 Dated Date April 26, 2024 The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, to Iowa Finance Authority or registered assigns, the principal sum of THREE MILLION THREE HUNDRED TWENTY- TWO THOUSAND DOLLARS in lawful money of the United States of America, at maturity on April 26, 2027, without interest (0%). Payment of this Note shall at all times conform to the rules of the Iowa Water Pollution Control Works Financing Program. Issuer pledges the Project Fund to which there has been appropriated the anticipated receipts of certain funds held or to be received by the Issuer as well as the proceeds of certain Capital Loan Notes to be issued. This Note is payable solely from said Project Fund. This Note is issued pursuant to an Interim Loan and Disbursement Agreement and the Resolution, duly adopted and under and in substantial compliance with the Constitution and statutes of the state of Iowa, including specifically Section 76.13 of the Code of Iowa, as amended, for the purpose of defraying part of the cost of acquiring the Project. For a complete statement of the revenues and funds from which, and the conditions, under which this Note is payable, a statement of conditions under which additional notes of equal standing may hereafter be issued, and the general covenants and provisions pursuant to which this Note is issued, reference is made to the above-described Resolution and Interim Loan and Disbursement Agreement. This Note is not payable in any manner by taxation and under no circumstances shall the City be in any manner liable by reason of the failure of said Project Fund to be sufficient for the payment hereof. The Note may be called for redemption by the Issuer and paid before maturity on any date, from any funds regardless of source, in whole or from time to time in part, in order of maturity and within an annual maturity by lot. Notice of redemption shall be given by ordinary mail to the Original Purchaser (or any other registered owner of the Note). The terms of redemption shall be par, plus accrued interest to date of call. Failure to give such notice by mail to any registered owner or any defect therein shall not affect the validity of any proceedings for the redemption of the Note. The Note is also subject to mandatory redemption to the extent not fully drawn upon. If selection by lot within a maturity is required, the Registrar shall designate the Notes to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Notes to be called has been reached. The Note may be registered as to principal and interest on the books of the Finance Director in the name of the holder after which no transfer shall be valid until the making of an entry upon the books kept for the registration and transfer of ownership of the Note, and in no other way. Registrar shall maintain the books of the Issuer for the registration of ownership of the Note for the payment of principal of and interest on the Note as provided in the Resolution. Ownership of this Note may be transferred only by transfer upon the books kept for such purpose by the Finance Director, City of Iowa City, Iowa, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Note at the office of the Registrar, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered Noteholders of such change. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code and subject to the provisions for registration and transfer contained in the Resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Note, have been existent, had, done and performed as required by law. In Testimony Whereof, said City by its City Council has caused this Note to be signed by the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its City Clerk, with the seal of said City impressed hereon, and authenticated by the manual or facsimile signature of an authorized representative of the Registrar, the Finance Director of the City of Iowa City, Iowa, all as of the 2nd day of April , 2024 Date of authentication: April 2, 2024 City of Iowa City, State of Iowa This is one of the Notes described in the within 7 mentioned Resolution, as registered by the By: Finance Director r Finance Director Attest: By.z, Registrar By: Ci y Clerk (Seal) Registrar and Transfer Agent: Finance Director Paying Agent: Finance Director Assignment For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. the within Note and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Note on the books kept for registration of the within Note, with full power of substitution in the premises. Dated: Signature Guaranteed (Person(s) executing this Assignment sign(s) here) Important - Read Carefully The signature(s) to this Power must correspond with the name(s) as written upon the face of the Certificate(s) or Note(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. Information Required For Registration Of Transfer Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Partnership Corporation Trust *If the Note is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Note, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with rights of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - .......... Custodian .......... (Cust) (Minor) Under Iowa Uniform Transfers to Minors Act ................... (State) 16-A Items to Include on Agenda for April 2, 2024 City of Iowa City, Iowa $3,322,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2024 (State of Iowa Revolving Fund Loan). Resolution approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Iowa City, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $3,322,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2024, of the City of Iowa City, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. Notice Must Be Given Pursuant to Iowa Code Chapter 21 and the Local Rules of the CitX. April 2, 2024 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 o'clock P .M., on the above date. There were present Mayor Teague , in the chair, and the following named Council Members: Alter, Dunn, Harmsen, Moe, Salih, Teague Absent: Bergus Vacant: None Council Member Moe introduced the following Resolution entitled "A Resolution Approving and Authorizing a Form of Interim Loan and Disbursement Agreement By and Between the City of Iowa City and the Iowa Finance Authority, and Authorizing and Providing for the Issuance and Securing the Payment of $3,322,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2024, of the City of Iowa City, Iowa, Under the Provisions of the Code of Iowa, and Providing for a Method of Payment of Said Note", and moved its adoption. Council Member Sa1ih seconded the motion to adopt. The roll was called and the vote was: AYES: Alter, Dunn, Harmsen, Moe, Salih, Teague NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: Resolution No. 24-86 A Resolution Approving and Authorizing a Form of Interim Loan and Disbursement Agreement By and Between the City of Iowa City and the Iowa Finance Authority, and Authorizing and Providing for the Issuance and Securing the Payment of $3,322,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2024, of the City of Iowa City, Iowa, Under the Provisions of the Code of Iowa, and Providing for a Method of Payment of Said Note Whereas, Issuer proposes to issue its Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2024, to the extent of $3,322,000, for the purpose of defraying the costs of the Project hereinafter described; and, it is deemed necessary and advisable and in the best interests of the City that a form of Interim Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority be approved and authorized; and Whereas, notice of the intention of the Issuer to take action for the issuance of not to exceed $3,322,000 Sewer Revenue Capital Loan Notes has heretofore been duly published and no objections to such proposed action have been filed, and the Issuer now desires to proceed with the issuance of a project note in the amount of $3,322,000. Now, Therefore, Be It Resolved by the City Council of the City of Iowa City, in the County of Johnson, State of Iowa: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: ♦ "Additional Project Notes" shall mean any project notes or other obligations issued on a parity with the Note in accordance with the provisions of Section 11 hereof; ♦ "Agreement" shall mean an Interim Loan and Disbursement Agreement dated as of the Closing between and among the City and the Original Purchaser, relating to the Interim Loan made to the City under the Program; ♦ "City Clerk" shall mean the City Clerk or such other officer of the successor Governing Body as shall be charged with substantially the same duties and responsibilities; ♦ "Closing" shall mean the date of delivery of the Note to the Original Purchaser and the funding of the Interim Loan; ♦ "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body; ♦ "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the System; provided, that the requirements of a fiscal year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the fiscal year and include any payment of principal or interest falling due on the first day of the succeeding fiscal year; ♦ "Governing Body" shall mean the Council of the City, or its successor in function with respect to the operation and control of the System; ♦ "Interim Loan" shall mean the principal amount allocated by the Original Purchaser and loaned to the City under the Program, equal in amount to the principal amount of the Note; ♦ "Issuer" and "City" shall mean the City of Iowa City, Iowa; ♦ "Note" shall mean Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2024, authorized to be issued by this Resolution; ♦ "Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of the Note from Issuer at the time of its original issuance; ♦ "Paying Agent" shall be the Finance Director, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Notes as the same shall become due; ♦ "Permitted Investments" shall mean: • direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; • cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the above paragraph); • obligations of any of the following federal agencies which obligations represent full faith and credit of the United States of America, including: - Export - Import Bank - Farm Credit System Financial Assistance Corporation - USDA - Rural Development - General Services Administration U.S. Maritime Administration Small Business Administration Government National Mortgage Association (GNMA) U.S. Department of Housing & Urban Development (PHA's) - Federal Housing Administration • repurchase agreements whose underlying collateral consists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agreements do not include reverse repurchase agreements; • senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; • U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commercial banks which have a rating on their short-term certificates of deposit on the date of purchase of "A-1" or "A-1+" by S&P 'or "P-1" by Moody's and maturing no more than 360 days after the date of purchase (ratings on holding companies are not considered as the rating of the bank); • commercial paper which is rated at the time of purchase in the single highest classification, "A-1+" by S&P or "P-1" by Moody's and which matures not more than 270 days after the date of purchase; • investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P; • pre -refunded Municipal Obligations, defined as any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or direct obligations of the Department of the Treasury of the United States of America, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; • tax exempt bonds as defined and permitted by section 148 of the Internal Revenue Code and applicable regulations and only if rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; • an investment contract rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and Iowa Public Agency Investment Trust. ♦ "Program" shall mean the Iowa Water Pollution Control Works Financing Program undertaken by the Original Purchaser; ♦ "Project" shall mean the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including the Digester Complex Rehabilitation Project; ♦ "Project Costs" shall mean all engineering fees, archeological surveys, environmental studies, and fees related to a project plan preparation and submission, and other expenses incidental thereto, and also including the costs of issuance of the Note; ♦' "Project Fund" shall mean the Project Fund established by Section 6 of this Resolution; ♦ "Registrar" shall be the Finance Director, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Note. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Note; ♦ "System" shall mean the municipal sewer utility of the Issuer and all properties of every nature hereinafter owned by the Issuer comprising part of or used as a part of the System, including all wastewater treatment facilities, sanitary sewers, force mains, pumping stations and all related property and improvements and extensions made by Issuer while the Note remains outstanding; all real and personal property; and all appurtenances, contracts, leases, franchises and other intangibles; ♦ "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Note issued hereunder. Section 2. Authority. The Agreement and the Note authorized by this Resolution shall be issued pursuant to Section 76.13 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. The Agreement shall be substantially in the form attached to this Resolution and is authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Note Details Execution, Redemption and Registration. a. Note Details. The Note shall be designated a Sewer Revenue Capital Loan Notes Anticipation Project Note, be dated the date of delivery, in the denomination of $1,000 or multiples thereof, and shall at the request of the Original Purchaser be initially issued as a single Note in the denomination of $3,322,000 and numbered R-1. The Note shall not bear interest (0%), and shall mature three years from issuance. The City Council hereby finds and determines that it is necessary and advisable to issue said Note pursuant to Section 76.13 of the Code of Iowa, as authorized by the Agreement and this Resolution. b. Execution. The Note shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or imprinted with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated clearing house system transfer to the registered owner of the Note. Redemption. The Note may be called for redemption by the Issuer and paid before maturity on any date, from any funds regardless of source, in whole or from time to time in part, in order of maturity and within an annual maturity by lot. Notice of redemption shall be given by U.S. mail to the Original Purchaser (or any other registered owner of the Note). The terms of redemption shall be par, plus accrued interest to date of call. Failure to give such notice by mail to any registered owner or any defect therein shall not affect the validity of any proceedings for the redemption of the Note. The Note is also subject to mandatory redemption to the extent not fully drawn upon. d. Registration. The Note may be registered as to principal and interest on the books of the Note Registrar in the name of the holder and such registration noted on the Note after which no transfer shall be valid until the making of an entry upon the books kept for the registration and transfer of ownership of the Note, and in no other way. The Finance Director is hereby appointed as Note Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Note for the payment of principal of and interest on the Note as provided in this Resolution. The Note shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Note and in this Resolution. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of the Note and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Note (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. In all cases of the transfer of the Note, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Note, in accordance with the provisions of this Resolution. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Note and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. A Note which has been redeemed shall not be reissued but shall be cancelled by the Registrar. A Note which is cancelled by the Registrar shall be destroyed and a Certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Note to the Issuer. In the event any payment check, wire, or electronic transfer of funds representing payment of principal of or interest on the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Notes shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Notes who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer. Section 4. Form of Note. The form of Note shall be substantially as follows: Registered No. R-1 United States of America State of Iowa County of Johnson City of Iowa City, Iowa Sewer Revenue Capital Loan Notes Anticipation Project Note Series 2024 Interest Rate Final Maturity Date 0.00% April 26, 2027 Registered $3,322,000 Dated Date April 26, 2024 The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, to Iowa Finance Authority or registered assigns, the principal sum of (principal amount written out) in lawful money of the United States of America, at maturity on April 26, 2027, without interest (0%). Payment of this Note shall at all times conform to the rules of the Iowa Water Pollution Control Works Financing Program. Issuer pledges the Project Fund to which there has been appropriated the anticipated receipts of certain funds held or to be received by the Issuer as well as the proceeds of certain Capital Loan Notes to be issued. This Note is payable solely from said Project Fund. This Note is issued pursuant to an Interim Loan and Disbursement Agreement and the Resolution, duly adopted and under and in substantial compliance with the Constitution and statutes of the state of Iowa, including specifically Section 76.13 of the Code of Iowa, as amended, for the purpose of defraying part of the cost of acquiring the Project. For a complete statement of the revenues and funds from which, and the conditions, under which this Note is payable, a statement of conditions under which additional notes of equal standing may hereafter be issued, and the general covenants and provisions pursuant to which this Note is issued, reference is made to the above-described Resolution and Interim Loan and Disbursement Agreement. This Note is not payable in any manner by taxation and under no circumstances shall the City be in any manner liable by reason of the failure of said Project Fund to be sufficient for the payment hereof. The Note may be called for redemption by the Issuer and paid before maturity on any date, from any funds regardless of source, in whole or from time to time in part, in order of maturity and within an annual maturity by lot. Notice of redemption shall be given by ordinary mail to the Original Purchaser (or any other registered owner of the Note). The terms of redemption shall be par, plus accrued interest to date of call. Failure to give such notice by mail to any registered owner or any defect therein shall not affect the validity of any proceedings for the redemption of the Note. The Note is also subject to mandatory redemption to the extent not fully drawn upon. If selection by lot within a maturity is required, the Registrar shall designate the Notes to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Notes to be called has been reached. The Note may be registered as to principal and interest on the books of the Finance Director in the name of the holder after which no transfer shall be valid until the making of an entry upon the books kept for the registration and transfer of ownership of the Note, and in no other way. Registrar shall maintain the books of the Issuer for the registration of ownership of the Note for the payment of principal of and interest on the Note as provided in the Resolution. Ownership of this Note may be transferred only by transfer upon the books kept for such purpose by the Finance Director, City of Iowa City, Iowa, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Note at the office of the Registrar, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered Noteholders of such change. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code and subject to the provisions for registration and transfer contained in the Resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Note, have been existent, had, done and performed as required by law. In Testimony Whereof, said City by its City Council has caused this Note to be signed by the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its City Clerk, with the seal of said City impressed hereon, and authenticated by the manual or facsimile signature of an authorized representative of the Registrar, the Finance Director of the City of Iowa City, Iowa, all as of the 2nd day of April , 2024 Date of authentication: April 2, 2024 This is one of the Notes described in the within mentioned Resolution, as registered by the Finance Director Finance Director City of Iowa City, State of Iowa By: ) l M Attest: By: By: l', '%ccC ee Registrar City derk (Seal) Registrar and Transfer Agent: Finance Director Paying Agent: Finance Director Assignment For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. the within Note and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Note on the books kept for registration of the within Note, with full power of substitution in the premises. Dated: Signature Guaranteed (Person(s) executing this Assignment sign(s) here) Important - Read Carefully The signature(s) to this Power must correspond with the name(s) as written upon the face of the Certificate(s) or Note(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. Information Required For Registration Of Transfer Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Corporation Partnership Trust *If the Note is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Note, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with rights of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - .......... Custodian .......... (Cust) (Minor) Under Iowa Uniform Transfers to Minors Act ................... (State) (End of Note) Section 5. Security for Note. The Note shall be payable solely from the Project Fund. To pay the principal on the Note when it becomes due, there is hereby created a pledge of the receipts anticipated in said Project Fund to continue until the payment in full of the principal on the Note. Section 6. Establishment of Project Fund. The Issuer hereby creates and establishes a Project Fund, into which Project Fund are hereby appropriated the following: Proceeds of not to exceed $3,322,000 Sewer Revenue Capital Loan Notes, additional action on the issuance of which previously has been taken and approved by the City Council The funds so appropriated shall include in addition thereto all funds of the Issuer, including proceeds realized on the reinvestment of proceeds of the Note, from which the Issuer is or may become obligated to pay under contracts for the construction of the Project to the extent that proceeds of the Note are applied to the payment thereof. Section 7. Application of Project Fund. The proceeds of the sale of the Note shall be deposited in the Project Fund for application to payment of Project Costs and the costs of issuance of the Note or to pay the principal of the Note when due and for no other purpose. Disbursements for the payment of Project Costs shall be made by the City Clerk upon receipt of vouchers approved by the Governing Body. After completion of the Project, any moneys remaining in the Project Fund shall be held for the retirement of Note. When the Note is paid or payment is provided for, remaining moneys in the Project Fund may be withdrawn and used for any lawful purpose. Section 8. Investments. Moneys in the Project Fund shall at all times be invested, to the extent practicable in Permitted Investments maturing at such times and in such amounts as will make cash available for the purposes of such Project Fund as needed. Section 9. Covenants with Noteholders. Issuer covenants and agrees, so long as any Notes herein authorized remain unpaid, that it: a. Will proceed to complete with all practicable dispatch the construction and acquisition of the Project; b. Will not make or cause or permit to be made any application of the proceeds of the Note or of any moneys held in the Project Fund, except in accordance with the provisions of this Resolution; C. Will from time to time increase the amount of the appropriations to the Project Fund, to the extent necessary to assure that the expected receipts thereafter forthcoming, together with the funds appropriated and held in trust for the purpose, will be sufficient to pay when due the Note as to both principal and interest. d. Will obtain the collection of funds and the proceeds of the sale of sewer revenue capital loan notes anticipated to be received in the Project Fund and, if not paid from other sources, apply the same to the payment of the Note and interest thereon; and e. For the prompt and full performance of the terms and provisions of this Resolution and contract with the noteholders, the Issuer pledges its full faith and diligence and the exercise of its lawful powers. Section 10. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between the Issuer and the purchaser of the Note. Section 11. Additional Notes. The Issuer may issue Additional Project Notes of equal standing and parity of lien with the Note for the purpose of paying Project Costs to the extent that funds appropriated to the Project Fund are adequate to pay all notes so issued and interest thereon. The holder or holders of the Notes shall have all other rights and remedies given by law for the payment and enforcement of the Notes and the security therefor. Section 12. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 13. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 14. Paragraph Headings. The paragraph headings in this Resolution are furnished for convenience of reference only and shall not be considered to be a part of this Resolution. Section 15. Rule of Construction. This Resolution and the terms and conditions of the Notes authorized hereby shall be construed whenever possible so as not to conflict with the terms and conditions of the Interim Loan and Disbursement Agreement. In the event such construction is not possible, or in the event of any conflict or inconsistency between the terms hereof and those of the Interim Loan and Disbursement Agreement, the terms of the Interim Loan and Disbursement Agreement shall prevail and be given effect to the extent necessary to resolve any such conflict or inconsistency. Passed And Approved this 2nd day of April, 2024. Attest: City Clerk 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 2nd day of Apri_1 , 2024. City C erk, City of Iowa City, State of Iowa (Seal) 02321551\10714-147 Item Number: 10.e. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 Resolution authorizing the City Manager to sign an agreement with Mydatt Services, Inc. dba Block by Block and the Iowa City Downtown District for cleaning of City Plaza, downtown sidewalks, downtown public alleys, and City -owned parking ramps. Prepared By: Darian Nagle-Gamm, Director of Transportation Services Reviewed By: Geoff Fruin, City Manager Rachel Kilburg, Economic Development Coordinator Sue Dulek, City Attorney's Office Fiscal Impact: The annual contract fee will be shared between the City (86%) and Downtown District (14%). The City's share will be funded through Parking and General fund revenues as follows: Year 1: $710,000 Year 2: $720,650 Year 3: $738,666 Each subsequent renewal period limits the annual contract cost increase to a maximum of 1.5%. Upon renewal, the City and Downtown District agree to continue sharing the cost 86% / 14%. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Agreement Executive Summary: The City has historically contracted for janitorial services in the downtown and City -owned parking ramps. In partnership with the Iowa City Downtown District, this resolution authorizes the City to enter into an agreement with Mydatt Services, Inc. dba Block by Block (hereafter "Block by Block") for enhanced cleaning and ambassador services in the downtown and City - owned parking ramps. The partnership between the City and Downtown District includes cost sharing, equipment and office and storage space sharing, and joint management of the contract. The contract includes enhanced cleaning services conducted seven days a week and approximately 16 hours a day by professionally trained downtown ambassadors and overseen by a full-time on-site Operations Manager. Block by Block is a national firm operating since 1995 in over 140 downtown districts, parks, transit systems, universities, and municipalities across the country and offer living wages and benefits to all employees. This agenda item supports the Downtown District's strategic "clean and safe downtown" initiative and the City Council's Strategic Plan priority to "build community by fostering social connections and developing safe, accessible public spaces for gathering." Background /Analysis: Historically, the City of Iowa City has contracted for janitorial services in the downtown and City -owned parking ramps, as well as partnered with the Downtown District for contracted powerwashing services. In an effort to advance their "Clean and Safe Downtown" initiative, the Iowa City Downtown District approached the City about partnering on a contract with Block by Block, a national firm specializing in cleaning, safety, and hospitality services in downtown districts. Simultaneously, the City was experiencing ongoing challenges with substandard service being provided by the downtown janitorial contract holder. As a result, the City agreed to partner with the Downtown District on a service agreement with Block by Block for enhanced cleaning and ambassador services in the downtown and City -owned parking ramps. Block by Block is a national company specializing in cleaning, safety, and hospitality solutions for improvement districts, parks, transit systems, and municipalities. The company has been in business since 1995 and now serves more than 140 clients with a 96% retention rate. Improvement districts in Des Moines, IA, Milwaukee, WI, Grand Rapids, MI, and South Bend, IN are examples of cities that Block by Block currently serves and all have provided positive feedback on the company. The proposed Block by Block contract will provide 268 hours a week of downtown cleaning plus 168 hours a week of parking garage cleaning, including a full-time on-site Operations Manager splitting time between the two. Coverage will be provided seven days a week and approximately 16 hours a day, include targeted early -morning and late-night hours. Cleaning services will be providing an enhanced level to include litter removal, weed control, manual and mechanical cleaning, graffiti removal, and other special projects as needed. Hospitality and ambassador services included in the contract include public relations checks with downtown businesses, reporting and referrals for observed quality of life issues, and general hospitality measures to interact with downtown pedestrians and be proud, friendly, and helpful representatives on behalf of the downtown. Additionally, downtown ambassadors will also be equipped to capture and report upon daily metrics on services performed and any incidents or maintenance issues encountered. The contract also provides flexibility to bank or re -allocate hours to high -demand events such as summer festivals or football weekends. The City will continue to contract with Fresh Starts for additional help during festivals, and all existing baseline service levels provided by the City will be maintained. Block by Block provides their staff comprehensive initial and ongoing training and quality equipment to perform their work. Block by Block staff are paid living wages (starting at $18/hr for ambassadors, $22/hr for team leads, and $35/hr for the Operations Manager) and all Block by Block employees receive quality health and dental insurance (70% covered by Block by Block), paid vacations, free life insurance, 401k, birthday pay, all -season uniforms, and rewards and recognition programs. Additionally, all Block by Block employee uniforms, vehicles, and equipment will be branded consistent with Downtown Iowa City branding to convey a heightened level of visibility and professionalism. The service area will include the Downtown District boundaries, targeted gateways into the Downtown, and the six City -owned parking ramps. The City will manage the parking ramp portion of the contract, and the Downtown district will manage the downtown portion. This joint management also provides the Downtown District additional flexibility to have Block by Block service existing gaps such as private alcoves, with the property owner's approval. As part of the partnership, the City and Downtown District will enter an MOU related to the sharing of equipment, equipment storage space, reporting metrics, and general procedures for joint management of the contract. Additionally, the City is leasing vacant space in the Court Street Transportation Center to the Downtown District at a below-market rate to serve as the primary office location for Block by Block staff. The annual contract fee will be shared between the City (86%) and Downtown District (14%). The City's share will be funded through Parking and General fund revenues as follows: Year 1: $710,000 Year 2: $720,650 Year 3: $738,666 Each subsequent renewal period limits the annual contract cost increase to a maximum of 1.5%. Upon renewal, the City and Downtown District agree to continue sharing the cost 86% / 14%. In addition, the Downtown District is investing in the rent and related expenses for the office space to be provided to Block by Block employees. This resolution authorizes the City Manager to enter the agreement with the Downtown District and Block by Block. The City's current contract with ABM Industries will expire April 1, 2024 and City staff will temporarily fulfill duties handled by ABM until the planned start date for Block by Block services on June 1, 2024. Prepared by: Susan Dulek, First Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 24-87 Resolution authorizing the City Manager to sign an agreement with Mydatt Services, Inc. dba Block by Block and the Iowa City Downtown District for cleaning of City Plaza, downtown sidewalks, downtown public alleys, and City -owned parking ramps. Whereas, Mydatt Services, Inc., dba Block by Block ("Block by Block") has provided cleaning and maintenance services to municipalities throughout the U.S. for over 20 years and currently provides services to over 150 communities; and Whereas, the Iowa City Downtown Self Supported Municipal Improvement District, dba Iowa City Downtown District and City staff have negotiated the attached 3 -year agreement with Block by Block for cleaning of City Plaza, downtown sidewalks, downtown public alleys, City -owned parking ramps, and a few private alcoves with the City and the Downtown District sharing costs 86%/14% respectively; and Whereas, ' the agreement is divided into two scopes of services, "Ramp Services" and "Downtown Services" and sets forth a single fee for said services; and Whereas, if the agreement is approved, City staff and the Downtown District desire to enter into a separate Memorandum of Agreement to coordinate responsibilities under the agreement including that the City will be primarily responsible for coordinating with Block by Block for the Ramp Services and the District for coordinating with Block by Block for the Downtown Services and to set forth how the costs will be shared; and Whereas, the agreement should be approved. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is authorized to execute the attached Agreement for Environmental Maintenance and amendments thereto as needed. Passed and approved this 2nd day of April, 2024. Mdy6r Approved by Attest: City Clerk City Attorn 's Office - 03/28/2024 Resolution No. 24-R7 Page 2 It was moved by Salih 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 Moe x Salih x Teague DocuSign Envelope ID: 971982AC-7D6F-44AB-8601-92AF07F4AE3A AGREEMENT FOR ENVIRONMENTAL MAINTENANCE dated as of April 2, 2024 by and among CITY OF IOWA CITY, IOWA CITY DOWNTOWN SELF SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT, dba IOWA CITY DOWNTOWN DISTRICT and MYDATT SERVICES INC, dba BLOCK BY BLOCK This AGREEMENT is effective on the 1st day of June 2024 (the "Effective Date") by and between the City of Iowa City, a municipal corporation, 410 E. Washington St., Iowa City, IA 52240, and Iowa City Downtown Self Supported Municipal Improvement District, d.b.a Iowa City Downtown District, an Iowa nonprofit corporation, 103 E College St #200, Iowa City, IA 52240 (collectively, hereinafter referred to as "CUSTOMER"), and Mydatt Services, Inc., an Ohio Corporation, d.b.a. Block by Block, 7135 Charlotte Pike, Nashville, TN 37209 (hereinafter referred to as "Block by Block"). WITNESETH: WHEREAS, CUSTOMER desires to have Block by Block undertake to furnish maintenance services to the downtown area of Iowa City including City Plaza and ramps owned by the City of Iowa City in the area specifically defined in Exhibit A (the "Service Area"), which is attached and incorporated herein; NOW THEREFORE, the parties, in consideration of the mutual obligations contained herein and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, hereby agree as follows: 1) TERM: This Agreement will begin on the Effective Date and shall continue for a period of three (3) years ("Initial Term"), expiring May 31, 2027, unless sooner terminated as provided in Section 9. At the end of the Initial Term, this Agreement may be renewed for three (3) subsequent terms of one (1) year upon the mutual written agreement of the parties (each "Renewal Term"). The Renewal Terms and Initial Term are referred to herein collectively as the "Term." Block by Block will forward to CUSTOMER each Renewal Term any requested changes to contract provisions no later than October 1St of each year. 2) SERVICES TO BE PERFORMED BY BLOCK BY BLOCK: Block by Block shall furnish environmental maintenance ambassadors ("Ambassadors") who shall provide maintenance services in the Service Area, including, but not limited to, the services outlined in Exhibit B attached hereto and incorporated herein ("Services"). Prior to April 30, 2024, Block by Block will propose a comprehensive monthly plan of services for the Service Area and may propose any modifications to the plan from time to time. The plan and any modifications shall be subject to CUSTOMER approval. CUSTOMER shall have the right to request or initiate modifications at any time. Representatives of DocuSign Envelope ID: 971982AC-7D6F-44AB-86D1-92AF07F4AE3A CUSTOMER and Block by Block will meet at least once per quarter or at such intervals as the parties may agree and at such other times as CUSTOMER may request to review the services plan and adjust or modify as deemed necessary. The first meeting shall occur in July 2024. 3) COMPANY STANDARDS: Block by Block shall maintain a high standard of services, with adjustments in authorized weekly hours and annual Agreement value as agreed upon. Block by Block will maintain a close check over all Ambassadors to ensure this high standard of services is delivered. Specific assignments, hours and duties of the Ambassadors will be proposed monthly by Block by Block and approved by CUSTOMER. Said written proposal shall be emailed to CUSTOMER by the 20th day of the preceding month. 4) DUTIES OF BLOCK BY BLOCK: a) Block by Block shall provide the number of Ambassadors in the weekly service hours outlined in Exhibit C, which is attached and incorporated herein, to perform the Services outlined in Exhibit B. Block by Block shall immediately notify CUSTOMER via email of any temporary, short-term reduction in the baseline service hours in Exhibit C. Such Ambassadors shall be employees of Block by Block and at no time be deemed agents or employees of CUSTOMER. Block by Block shall provide adequate training to such Ambassadors. b) At all times that Services are performed, Block by Block shall have a qualified Team Leader or Operations Manager on duty to oversee the operations of the Ambassadors. The Team Manager is the primary supervisor of daily performance of the Ambassadors during a specific shift. The Operations Manager is responsible for all facets of delivering services to CUSTOMER. Block by Block shall provide the cell phone number email address, and assigned shifts of all Team Leaders to CUSTOMER. c) Block by Block shall furnish appropriate uniforms and necessary equipment for the Ambassadors, as reasonably determined by CUSTOMER. Ambassadors shall be clean, courteous, competently trained, neat in appearance, and shall at all times wear the uniform approved by CUSTOMER. d) Block by Block shall furnish adequate means of communications by which all Ambassadors can communicate with one another and their supervisory staff. e) Block by Block shall make a designated representative available during the typical staffing hours of 6:00 am to midnight to report to and confer with the designated agents of CUSTOMER with respect to the Services to be rendered hereunder. f) Block by Block shall conduct a background check, to include criminal history and drug screen, on all employees prior to assignment at the Service Area. g) Block by Block shall be responsible for quantifying the work of the Ambassadors in a written manner and format acceptable to CUSTOMER. Such records shall be provided to the Iowa City Downtown Self Supported Municipal Improvement District and the City of Iowa City via email on a weekly basis via email, and Block by Block shall be responsible for making at least weekly contact with a designated representative of CUSTOMER. Cumulative reports shall be provided to CUSTOMER on a monthly and quarterly basis. All reports shall be considered confidential by Block by Block and its employees and are the property of CUSTOMER. 2 DocuSign Envelope ID: 971982AC-7D6F-44AB-86D1-92AF07F4AE3A h) CUSTOMER shall provide trash receptacles. Upon request of and in coordination with CUSTOMER, Block by Block shall remove bulky items from alleys. i) CUSTOMER shall provide Block by Block access to electricity and water in the Service Area at no cost. 5) PAYMENT TO BLOCK BY BLOCK: a) In consideration of the Services, CUSTOMER shall pay Block by Block a flat monthly fee of Sixty Eight Thousand Seven Hundred and Fifty Dollars ($68,750) which fee shall be based upon the hourly billable rates for its various classes of employees as established by Block by Block and approved by CUSTOMER. The maximum annual amount of payments to Block by Block for the Services shall not exceed Eight Hundred Twenty Four Thousand and Nine Hundred Forty Eight Dollars ($824,948) in Year 1, Eight Hundred Thirty Seven Thousand and Seven Hundred Eighty Three Dollars ($837,783) in. Year 2, and Eight Hundred Fifty Nine Thousand and Seven Dollars ($859,007) in Year 3. b) Additional services either within or outside the Service Area may be requested by CUSTOMER from time to time. These services shall be provided at the same cost, which is $32.11 for Cleaning for straight time. CUSTOMER shall make an email request to Operations Manager for such additional services at least 48 hours in advance of the time service is needed. c) The flat rate and hours specified in Exhibit D; which is attached and incorporated herein, is guaranteed for the Initial Term. The subsequent three one-year renewal terms thereafter can be changed by Block by Block upon thirty (30) days written notice. It is recognized that there may be months during the Term where the Services and number of hours worked may be reduced due to weather conditions or other circumstances and other months where additional hours or Service may be needed due to downtown events or other circumstances. CUSTOMER may choose to "bank" any hours of Service which are not used during a monthly cycle and apply these "banked" hours to another monthly cycle within the Term. Any "banked hours" will be used for Services within the Service Area and will be provided for no additional payment. Block by Block agrees to maintain records of all hours worked and submit monthly summaries of hours worked, cost per hour, tasks performed and "banked" hours available for future use by the 15th day of the immediately following month. Block by Block acknowledges there, are certain events that will require more than the usual amount of maintenance, including but not limited to: Arts Fest (2 or 3 days usually the first weekend in June); Jazz Fest (2 or 3 days near or on July 4); Block Party (one Saturday in the summer); Latino Fest (one weekend day usually in August), and University of Iowa home football games. At the end of the Term, Block by Block shall provide to CUSTOMER a report which sets forth a final accounting of all hours worked, cost per hour, tasks performed, hours "banked" and fees paid to Block by Block by CUSTOMER for the purpose of computing any fees due and payable to Block by Block or to be refunded to CUSTOMER. In the event CUSTOMER and Block by Block agree to reconcile the value of banked hours, only the average wage (pay) rate and corresponding payroll taxes will be utilized in determining the value of each "banked" hour. Based on this the amount 3 DocuSign Envelope ID: 971982AC-7D6F-44AB-86D1-92AF07F4AE3A for each banked hour will be valued at $18.40 per hour. d) During the Initial Term, Block by Block shall invoice CUSTOMER monthly for Services. Block by Block shall submit its invoices by the 15th day of each month. All payments are due within 30 days of invoice. e) In the event of any change in Federal, State, or Municipal legislation, regulation, administrative ruling or collective bargaining contract affecting any change in work hours, pay rates, working conditions, taxes, health insurance, benefits, etc. Block By Block shall notify CUSTOMER in writing of the change in the rates to be charged CUSTOMER and the effective date of said change which shall be computed on the prevailing hourly pay scale. In the event this Agreement is renewed, the maximum annual amount of payments shall not increase more than 1.5% from the prior year. 6) EQUIPMENT: a) OWNERSHIP - As part of this agreement, Block by Block will procure specific capital equipment. A list of this equipment can be found in Exhibit E, which is attached and incorporated herein. The equipment will be purchased explicitly for this Agreement and will be owned by Block by Block. All insurance, maintenance and associated costs of ownership will be borne by Block by Block as part of this Agreement. The cost of this equipment will be amortized over a three year period, plus the cost of financing and included in the billable rate to CUSTOMER. b) In the event this Agreement is terminated by CUSTOMER without cause, CUSTOMER will be responsible for reimbursing Block by Block for the capital equipment in Exhibit E, less the amount collected on the equipment through invoicing of the regular agreed upon amount up to the date of notification. 7) INDEMNITY AND INSURANCE a) INDEMNIFICATION - The parties shall defend, indemnify and hold each other and their respective agents, officers, and employees from and against any and all claims, demands, losses, damages, injuries, liabilities, expenses (including reasonable attorney's fees), judgments, liens, encumbrances, orders, awards arising directly or indirectly from the negligent performance or willful misconduct by either party and/or the party's officers, agents, and employees under this Agreement (all of which are collectively referred to as "Claims") by any person on account of; or arising as a result of: (1) injury to, or death of any person including but not limited to a party's personnel; (2) loss of or damage to any property; (3) the employment of, or performance of the Services by, Block by Block's personnel and the termination, constructive or otherwise, of such employment or performance of services; or (4) any breach of any federal, state or local laws by either party or its respective officers, agents, and employees; provided however, that either party shall not be obligated to indemnify the other party for such party's own gross negligence or willful misconduct. Additionally, for clarity, CUSTOMER will defend, indemnify and hold harmless Block By Block for any claim for personal injury, death or damage to tangible personal or real property, to the extent caused by structural defects and/or Acts of God, including but not limited to situations created by inclement weather, at the Service Area (except to the extent caused by Block By Block) or caused by the negligence or willful misconduct of CUSTOMER, its employees, affiliates, agents, tenants and/or the tenant employees, vendors or anyone in direct business relationship DocuSign Envelope ID: 971982AC-7D6F-44AB-86D1-92AF07F4AE3A with CUSTOMER. In the event CUSTOMER and Block By Block are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of the state of Iowa without, however, waiving any defenses of the parties under such law. b) PROOF OF INSURANCE - During the Term of this Agreement, Block by Block shall at its own cost and expense procure and maintain in full force and effect the below listed types of insurance through insurance companies licensed to and doing business in the state of Iowa. All insurance shall name the Iowa City Downtown Self Supported Municipal Improvement District and the City of Iowa City as the Additional Insured regarding any operations of the Named Insured performed under the Named Insured's agreement with CUSTOMER. Any insurance maintained by CUSTOMER shall apply in excess of and not contribute with insurance provided by this policy. (1) Contractor's Commercial/Comprehensive General Liability Policy with a combined single limit for bodily injury, personal injury and property damage of not less than $1,000,000.00 per occurrence; and (2) Comprehensive Automobile Liability insurance insuring all owned, non -owned and hired motor vehicles with a minimum of $1,000,000.00 Combined single limit for any one accident and sufficient to satisfy all applicable laws; and (3) Employers Liability with a minimum coverage of $500,000.00 for any one occurrence; and (4) Umbrella (excess) Liability policy with a limit of at least $4,000,000.00; and (5) Workers' Compensation sufficient to satisfy all federal, state and local laws and requirements, whether now or hereafter existing. 8) REPRESENTATIONS AND WARRANTIES OF BLOCK BY BLOCK: Block by Block hereby represents and warrants that (i) Block by Block will perform all Services in a good and workmanlike manner and with reasonable skill, (ii) Block by Block will pay all costs and expenses required for the performance of the Services, except as otherwise provided herein, and (iii) Block by Block has the requisite permits from the appropriate federal, state and local authorities to provide the Services. Block by Block warrants that all Services will be performed in accordance with applicable laws for such Services. Block by Block makes no other representations or warranties regarding the Services. 9) RELATIONSHIP OF THE PARTIES: Block by Block agrees that it is and shall be an independent contractor under this Agreement and that Block by Block shall not be an agent or employee of CUSTOMER to any extent or for any purpose and nothing herein shall be construed to cause or create any such relationship. Block by Block shall have no authority to and shall not act for CUSTOMER or bind, or attempt to bind, CUSTOMER in or under any contract or agreement or to otherwise obligate CUSTOMER in any manner whatsoever. 10) TERMINATION: Either party may terminate this Agreement if the other commits a material breach of W DocuSign Envelope ID: 971982AC-7D6F-44AB-86D1-92AF07F4AE3A its respective obligations under this Agreement and fails to correct such breach within thirty (30)days after delivery of written notice of such a breach; provided, however, that if such a breach cannot reasonably be cured within the thirty (30) day period, then such party shall have a reasonable period to cure such breach. Notwithstanding the foregoing, Block by Block may terminate this Agreement on fifteen (15) days written notice if CUSTOMER fails to make any payment of money pursuant to this Agreement. In the event CUSTOMER terminates this Agreement for cause within the first three years, the remaining costs associated with the 'start-up/transition' of the account will be added to the final invoice. Remaining costs are calculated as the actual costs incurred for travel and Project Manager time spread evenly over 36 months beginning June 2024, which are captured in the portion of our hourly rate associated with "overhead" costs. The remaining costs shall not exceed the maximum payments to Block by Block for Services as defined herein. The monthly cost related to start up is $408.33. 11) CONFLICT OF INTEREST. Upon signing this Agreement, Block by Block acknowledges that Section 362.5 of the Iowa Code prohibits a City of Iowa City officer or employee from having an interest in a contract with the City of Iowa City, and certifies that no employee or officer of the City of Iowa 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. 12) ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties hereto and supersedes all prior agreements, contracts and understandings, whether written or otherwise, between the parties relating to the subject matter. Any amendments or additions to this Agreement shall not be binding unless in writing and signed by both parties. 13) GOVERNING LAW: 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. 14) ASSIGNMENT: Block by Block may not assign its interest in this Agreement or subcontract any portion of the work to be performed hereunder without the written consent of CUSTOMER. 15) HEALTH AND SAFETY: Block by Block is solely responsible for compliance with all applicable Federal, State and Local occupational safety and health regulations. 16) NOTICES: Except as provided herein, all notices under this Agreement shall be in writing and shall be served by personal service or registered mail, return receipt requested. Notice by mail shall be addressed to each party at its address set forth -above. 17)ATTORNEY'S FEES: In any litigation by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred. DocuSign Envelope ID: 971982AC-7D6F-44AB-86D1-92AF07F4AE3A 18) FORCE MAJEURE: Neither party shall be liable for damages to the other party or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by reason of any circumstance beyond its reasonable control, including but not limited to Acts of God, fire, flood, earthquake, extraordinary weather conditions, acts of war, acts of terrorism, labor disputes, riots, active shooter incident, civil disorders, rebellions or revolutions in any country ("Force Majeure") and that party shall be excused from any further performance or observance of the obligations so affected for as long as such circumstances prevail and that party continues to use all commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CUSTOMER: IOWA CITY DOWNTOWN DISTRICT DocuSigned by: By: 5�� �(n*fwaN 7 9 EBQ38EB143F... Wen �y Zimmerman Title: President Signed by: By: rg�� pbfh,r 9E534G Betsy Potter Title: Executive Director Address: 103 E. College #200 Iowa City, IA 52240 CITY :OF IOWA CI. By: Geoff Fruin Title: City Manager Address: 410 E. Washington St. Iowa City, IA 52240 Block By Block: MYDATT SERVICES INC., dba BLOCK BY BLOCK By: �DocuSigned by: t wr IG -S 11764E2DOE074A2... Printed: Derreck Hughes Title: vice President of operations Address: 7135 Charlotte Pike Nashville, TN 37209 7 DocuSign Envelope ID. 971982AC-7D6F-44AB-86D1-92AF07F4AE3A 0 ket St E Market St rt St EXHIBIT A SERVICE AREA MAP E Market St r C. E Jefferso t E Jefferson St o lUWd 77 Iowa Ave.""""` 0 , E Washington St Washington St r 5 1ESurlington - E Burlington St cn (n .. c N E Court St E Cc U) C, n m(D �• o r 9 8 DocuSign Envelope ID: 971982AC-7D6F-44AB-86D1-92AF07F4AE3A EXHIBIT B SCOPE OF SERVICES — CLEANING Block By Block will provide the following Environmental Maintenance Services in Service Area, which are divided into two separate Scopes of Services—Downtown and Parking Ramps. Block By Block will also provide a detailed monthly schedule of maintenance services. Scope of Services — Cleaning: Downtown Cleaning Ambassadors will serve primarily as a custodial service with a secondary role as a public information resource to district visitors, workers, shoppers and residents. Unless otherwise specified, areas of responsibility for Cleaning Ambassadors include all pedestrian public rights of way, the sidewalks from the building line to the curb, and alleys adjoining benefiting properties of the Service Area from the building line to the opposing building line. Activities of the Cleaning Ambassador team may include: • Manual Removal of Litter and Debris - Removal of litter, trash, and debris, and extending a distance of 18 inches beyond the curb into the street or alley, by mechanical or manual means, including: all types of paper, cigarette packages and butts, leaves, gravel or rocks, cans, cardboard, boxes, plastic refuse, bottles, broken glass, beverage spills, urine, feces, vomit, and any dead animals. Recycling materials collected from public containers and deposited into City of Iowa City commingled recycling containers. • Weed Control - Killing and removal of weeds and grass, except those in City of Iowa City -owned planters. Cleaning Ambassadors may spray weeds as needed with chemicals meeting all Federal, State and City of Iowa City laws and regulations. Cleaning Ambassadors shall meet all licensing requirements imposed by Federal, State, and City of Iowa City. • Mechanical Cleaning —By using mechanical cleaning devices to clean sidewalks and remove debris and litter from public pedestrian rights of way (including sidewalks, pedestrian skywalks and alleys) and tree wells. • Handbill Removal- Removal of handbills, stickers, posters and similar items from utility poles, mail boxes, courier boxes, newspaper or magazine boxes and kiosks, public telephones, parking meters and other fixtures. • Graffiti Removal - Remove or cover graffiti from the first floor of buildings facing or visible from public rights of way, and from utility poles (note: no graffiti should be removed from MidAmerican Energy Company infrastructure), mail boxes, courier boxes, newspaper or magazine boxes and kiosks, public telephones, parking meters and other fixtures, within 24 hours after the graffiti appears (subject to any delay necessary to obtain consent of the owner of any private property), using the least intrusive means available and approved by the property owner. Block by Block will not perform graffiti removal on private property until the consent of the owner has been obtained. CUSTOMER will aid Block by Block in securing any necessary consent from the owner of any private property affected. • Special Projects - Carry out a wide variety of special projects mutually agreed upon by CUSTOMER and Block by Block. Such special projects include painting of fixtures (benches, light DocuSign Envelope ID: 971982AC-7D6F-44AB-86D1-92AF07F4AE3A posts, etc.), power washing or any other project not requiring 'technical' expertise that can be carried out within reasonable methods or means by staff members. • Landscaping - Limited landscaping services as requested by CUSTOMER. • Reporting -Ambassadors will be responsible for capturing metrics of accomplishments within the SMART System as specified. The daily statistics will be compiled weekly and be available to the customer. The Ambassadors will gather information on any incidents or maintenance issues within the Maintenance Reporting Database. Scope of Services – Cleaning: Parking Ramps • Areas/Location--Cleaning Ambassadors will serve primarily as a custodial service. Unless otherwise specified, areas of responsibility for Cleaning Ambassadors are all areas within and around the parking ramps including the public right -of way, interior parking areas, stairwells, lobbies, elevators, storage areas, pay stations and automated parking equipment. • Detail Cleaning – Sweeping, dust mopping, vacuuming to remove all dirt, dust, trash, particles and other debris from floors and ramp decks. Cleaning handrails, window ledges, elevator window ledges to remove all dust, dirt, cobwebs, grease, oily film, stain, soils, and other foreign substances. Removing all foreign items from carpets and rugs. Detail cleaning of elevators. Spot cleaning walls including high -touch surfaces, doors, door frames and accessories, ceiling vents and light fixtures. • Mechanical Cleaning– By using mechanical cleaning devices to clean parking ramp surfaces, entrances, elevators, and stairwells and remove debris and litter from these same areas. • Handbill Removal -Removal of handbills, stickers, posters and similar items from any parking ramp fixtures. • Graffiti Removal - Remove or cover graffiti from the first floor of buildings facing or visible from public rights of way, and parking ramp surfaces or other fixtures, within 24 hours after the graffiti appears (subject to any delay necessary to obtain consent of the owner of any private property), using the least intrusive means available and approved by the property owner. (Note: no graffiti should be removed from MiclAmerican Energy Company infrastructure) • Special Projects - Carry out a limited selection of special projects mutually agreed upon by CUSTOMER and Block by Block. Such special projects could include window washing or painting in stairwells or lobby areas, power washing or any other project not requiring 'technical' expertise that can be carried out within reasonable methods or means by staff members. • Reporting - Ambassadors will be responsible for capturing metrics of accomplishments within the SMART System as specified. The daily statistics will be compiled weekly and be available to CUSTOMER. The Ambassadors will gather information on any incidents or Maintenance Issues within the Maintenance Reporting Database. SCOPE OF SERVICES – HOSPITALITY & SAFETY Block By Block will provide the following Hospitality & Safety Services in Service Area, which are divided into two separate Scopes of Services—Downtown and Parking Ramps. 10 DocuSign Envelope ID: 971982AC-7D6F-44AB-86D1-92AF07F4AE3A Scope of Services — Hospitality & Safety: Downtown Block By Block will provide the following safety and hospitality related services within the boundaries of the Service Area. • Public Relations Checks - Ambassadors will be responsible for stopping in to visit a specified number of businesses per shift. The duration of each public relations check should be no more than five minutes per business, which should be spent speaking with the manager of the business to gather and share security related information and concerns. A list of businesses in which public relations checks were conducted will be reported daily. The public relations checks also provide an opportunity for Ambassadors to get a quick break from poor weather conditions, while remaining productive. • Reporting Quality of Life Crimes — Ambassadors will be responsible for reporting to designated authorities and partners, such as the Shelter House Street Outreach and Iowa City Police Downtown Liaison, any observations of quality of life issues within the Service Area. All Ambassadors are trained in 'situational protocol' to appropriately handle situations in a responsible, yet courteous, manner. "Quality of Life" crimes include public intoxication, open container, and public urination. Homelessness is not a crime, and referrals for services for unhoused persons should be made to Shelter House Street Outreach. • After Hours Escorts -This service would allow workers in the Service Area to request this service by calling the on -duty Team Leader on the publicized cellular phone number to have an Ambassador meet them at their place of business or residence and walk them to their destination. • Information Sharing —Working with the Iowa City Police Department the Ambassadors will be utilized to share information to educate stakeholders on safety/security related issues. For instance, if the Iowa City Police Department has crime prevention brochures, the Ambassadors can be utilized to distribute this information. • Reporting - Ambassadors will be responsible for capturing metrics of accomplishments within the SMART System as specified. The daily statistics will be compiled weekly and provided to customer. The Ambassadors will gather information on any incidents or criminal activity that is, considered to be out of the ordinary and forward such information in the form of an Incident Report. Criminal activity includes "Quality of Life" crimes, such as public intoxication, open container, and public urination. Homelessness is not a crime, and referrals for services for unhoused persons should be made to Shelter House Street Outreach. • Hospitality Services -When analyzing the tasks which consume the time of Ambassadors they spend the majority of their day performing custodial services. Hospitality duties provide a tremendous opportunity to interact with pedestrians in order to be friendly, good will representatives of the Service Area, share information and make recommendations. Scope of Services — Hospitality & Safety: Parking Ramps Block By Block will provide the following hospitality and safety related services within the boundaries of the Service Area. DocuSign Envelope ID: 971982AC-7D6F-44AB-86D1-92AF07F4AF_3A • Reporting Quality of Life Crimes — Ambassadors will be responsible for reporting to designated authorities and partners, such as the Shelter House Street Outreach and Iowa City Police Downtown Liaison, any observations of quality of life issues within the service area. "Quality of Life" crimes include public intoxication, open container, and public urination. All Ambassadors are trained in 'situational protocol' to appropriately handle situations in a responsible, yet courteous, manner. Homelessness is not a crime, and referrals for services for unhoused persons should be made to Shelter House Street Outreach. • After Hours Escorts - This service would allow district workers to request this service by calling the on -duty Team Leader on the publicized cellular phone number to have an Ambassador meet them at their place of business or residence and walk them to their destination. • Information Sharing — Working with the Iowa City Police Department the Ambassadors will be utilized to share information to educate stakeholders on safety/security related issues. For instance, if the Iowa City Police Department has crime prevention brochures, the Ambassadors can be utilized to distribute this information. • Reporting - Ambassadors will be responsible for capturing metrics of accomplishments within the SMART System as specified. The daily statistics will be compiled weekly and provided to customer. The Ambassadors will gather information on any incidents or criminal activity that is considered to be out of the ordinary and forward such information in the form of an Incident Report. Criminal activity includes "Quality of Life" crimes, such as public intoxication, open container, trespassing, public urination. Homelessness is not a crime, and referrals for services for unhoused should be made to Shelter House Street Outreach. • Hospitality Services — Although Ambassadors spend the majority of their day performing custodial and maintenance services, hospitality services provide a tremendous opportunity to interact with pedestrians in order to be friendly, good will representatives of the Service Area, share information and make recommendations. 12 DocuSign Envelope ID: 971982AC-7D6F-44AB-86D1-92AF07F4AE3A EXHIBIT C WEEKLY SERVICE HOURS CBD CLEANING POSITION TASK Manual Cleaning HOURSr 6am-2:301)m 2.7 2.7 2.7 r 2.7 2.7 2.7 2.7 111.7 17ubuque Street Cleaning Ambassadors Manual Cleaning 5am-1:30pm 16 16 lfi 16 16 16 16 112 Manual Cleaning 4:30pm-12am - 8 8 8 6 8 8 49 Manual Cleaning - lead 4:30pm-12am - 8 8 6 6 6 8 411 Spedddl Event (rahrslmmmt Flex Hours 2.7 2.7 2.7 2.7 16.0 16 16 Special Projects Pressure Washing Varies - 8 - H - 8 - 24 Operations Manager uwrn sn.k.„ Working Manager VARIES - 4 1 4 1 4 1 4 4 - 20 Hours by Day 16 44 36 44 36 44 48 28 28 Staff by Day 2 Total Scheduled Weekly Hours 5.5 4.5 5.5 4.S 5.5 6 268 PARKING GARAGES LOCATION Capitol Street TASK Manual Cleaning HOURSr 6am-2:301)m 2.7 2.7 2.7 r 2.7 2.7 2.7 2.7 111.7 17ubuque Street Manual Cleaning 6am-2:30pm 2.7 2.7 2.7 2.7 2.7 2.7 2.7 18.7 Chauncey Swan Manual Cleaning 6am-2:301)m 2.7 2.7 2.7 2.7 2.7 2.7 2.7 111.7 Tower Plaw Manual Cleaning 6am-2:30pm 2.7 2.7 2.7 2.7 2.7 2.7 2.7 111.7 Court Street Manual Cleaning 6am-2:30pm 2.7 2.7 2.7 2.7 2.7 2.7 2.7 16.0 Harrison Street Manual Cleaning 6am-2:301)m 2.7 2.7 2.7 2.7 2.7 2.7 2.7 Ill Team Lead Trash Truck/Coverage 6am-2:30pm 8 8 8 8 8 8 8 56 Operations Manager Working Manager Varies 4 4 4 4 4 20 Hwn by lay 24 28 28 28 26 211 24 Staff by Day 3 Total Scheduled Weekly Hours 3.5 3.5 3.5 3.5 3.5 3 :0 13 DocuSign Envelope ID: 971982AC-7D6F-44AB-86D1-92AF07F4AE3A EXHIBIT D EMPLOYEE AVERAGE WAGE RATES / BILL RATES / TOTAL BUDGET PRICING ILLUSTRATIONANNUAL CLEANING AMBASSADORS• TEAM $ OPERATIONS Labor (all positions with payrolltaxes) Pay Rate 69.7% N/A N/A 5.6% $ 74,000.00 Pay Rate (Hourly) $ 18.50 $ 22.0 $ 35.58 FICA $ 1.42 $ 1.68 $ 2.72 WC $ 1.04 $ 1.23 $ 1.99 Liability $ 0.47 $ 0.5 $ 0.91 Unemployment $ 0.15 $ 0.18 $ 0.28 Subtotal $ 21.57 $ 25.6 $ 41.48 Overhead $ 5.72 $ 5.72 $ 5.72 Benefits $ 1.95 $ 1.95 $ 1.95 Profit $ 2.87 1 $ 2.871 $ 2.87 Bill Rate $ 32.111 $ 36.191 $ 52.02 Weekly Hours 312.001 104.001 40.00 Annual Hours 16,224.001 5,408.01 2,080.00 Annual Billing BILLING $ 520,999.611 $195,736.581 $ 108,211.14 $ 824,947.34 ANNUAL PRICING IOWA CITY DOWNTOWN & PARKING GARAGE CLEANING PROGRAMS Category $ % Labor (all positions with payrolltaxes) $574,977.92 69.7% Employee Benefits $46,212.47 5.6% Labor Related (background checks, recruiting, awards, etc.) $15,715.48 1.9% Uniforms (all seasons, plus related wearables) $15,954.30 1.9% Data Plans (for phones, SMART devices, relay radios) $3,060.00 0.4% Equipment (see proposed equipment list) $37,684.91 4.6% Equipment Related (fuel, maintenance, insurance) $14,865.93 1.8% Office Storage Location 0.0% Water (pressure washer, irrigation, & office location) - 0.0% Cleaning Supplies (trash liners, gloves, sprays, consumables, etc.) $16,816.40 2.0% Dumpster/Trash 0.0% Office Supplies $1,625.00 0.2% Administrative Support (SMART, Mgmt 360 Training, HR, payroll, insurance, branding) $29,920.00 3.6% Management Fee (management support & profit) TOTAL•• $68,114.92 8.3% 14 DocuSign Envelope ID: 971982AC-7D6F-44AB-86D1-92AF07F4AE3A ANNUAL PRICING I LLUSTRATI ON IOWA CITY DOWNTOWN & PARKING GARAGE CLEANING PROGRAMS PROGRAMS Category $ % Labor (all positions with payroll taxes) $593,090.10 70.8% Employee Benefits $46,762.86 5.6% Labor Related (background checks, recruiting, awards, etc.) $13,464.35 1.6% Uniforms (all seasons, plus related wearables) $15,954.30 1.9% Data Plans (for phones, SMART devices, relay radios) $3,468.00 0.4% Equipment (see proposed equipment list) $37,684.91 4.5% Equipment Related (fuel, maintenance, insurance) $14,932.18 1.8% Office Storage Location Equipment (see proposed equipment list) 0.0% Water (pressure washer, irrigation, & office location) - 0.0% Cleaning Supplies (trash liners, gloves, sprays, consumables, etc.) $12,206.40 1.5% Dumpster/Trash 0.0% Office Supplies $1,125.00 0.1% Administrative Support (SMART, Mgmt 360 Training, HR, payroll, insurance, branding) $29,920.00 3.6% Management Fee (management support & profit) $69,174.73 TOTAL•••, 8.3% ILLUSTRATIONANNUAL PRICING IOWA CITY DOWNTOWN & PARKING GARAGE CLEANING PROGRAMS Category $ % Labor (all positions with payrolltaxes) $611,780.15 71.2% Employee Benefits $47,329.76 5.5% Labor Related (background checks, recruiting, awards, etc.) $13,678.55 1.6% Uniforms (all seasons, plus related wearables) $15,954.30 1.9% Data Plans (for phones, SMART devices, relay radios) $3,468.00 0.4% Equipment (see proposed equipment list) $37,684.91 4.4% Equipment Related (fuel, maintenance, insurance) $14,932.18 1.7% Office Storage Location 0.0% Water (pressure washer, irrigation, & office location) - 0.0% Cleaning Supplies (trash liners, gloves, sprays, consumables, etc.) $12,206.40 1.4% Dumpster/Trash 0.0% Office Supplies $1,125.00 0.1% Administrative Support (SMART, Mgmt 360 Training, HR, payroll, insurance, branding) $29,920.00 3.5% Management Fee (management support & profit) TOTAL $70,927.13 $859,006.40 8.3% 100.0% 15 DocuSign Envelope ID: 971982AC-7D6F-44AB-86D1-92AF07F4AE3A EXHIBIT E CAPITAL EQUIPMENT Items Unit Price Qty Total Amortized Gator (4x6)1 $15,000.00 1.00 $15,000.00 $3,649.75 Trailer & Mounting for Pressure Washer $3,500.00 1.00 $3,500.00 $851.61 Tenax Maxwind - EV Walking Sweeper' $48,500.00 1.00 $48,500.00 $11,800.86 Branded MegaBrutes $675.00 2.00 $1,350.00 $507.65 Snow Blowers $450.00 2.00 $900.00 $338.43 Relay Radios $118.00 9.00 $1,062.00 $399.35 Landscaping (Blowers, Weed Eaters, Brooms, Torch, etc.) $1,000.00 2.00 $2,000.00 $752.07 Info Cart -Trike Mounted $4,500.00 1.00 $4,500.00 $1,692.16 Kronos Time Clock $2,700.00 1.00 $2,700.00 $1,015.30 SMART Dev ices $450.00 9.00 $4,050.00 $1,522.95 Computer and Printer $2,100.00 1.00 $2,100.00 $789.68 Truck Wrap $4,200.00 1.00 $4,200.00 $1,579.35 Decals for Tennant Machines $300.00 2.00 $600.00 $225.62 Break Room Table. Microwave. Fridee. Lockers $3.500.00 1.00 53.500.00 $1.316.13 1. These items amortized over 5 years, all other equipment amortized over 3 years. 16 Item Number: 10J. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 Resolution authorizing the City Manager to sign a Memorandum of Agreement with the Iowa City Downtown District in conjunction with the agreement with Mydatt Services, Inc. dba Block by Block for cleaning of City Plaza, downtown sidewalks, downtown public alleys, and City - owned parking ramps. Prepared By: Rachel Kilburg, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Darian Nagle-Gamm, Transportation Services Director Sue Dulek, First Ass't. City Attorney Fiscal Impact: N/A Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Memorandum of Agreement Executive Summary: In partnership with the Iowa City Downtown District, the City is entering an agreement with Mydatt Services, Inc. dba Block by Block ("Block by Block") for enhanced cleaning and ambassador services in the downtown and City -owned parking ramps. The partnership between the City and Downtown District includes cost sharing, equipment and office and storage space sharing, and joint management of the contract. This resolution authorizes the City Manager to enter a Memorandum of Agreement with the Iowa City Downtown District detailing agreed upon procedures for joint implementation of this contract. Background /Analysis: Upon City Council approval at the April 2, 2024 formal meeting, the City will enter an agreement with the Iowa City Downtown District and Mydatt Services, Inc. dba Block by Block for enhanced cleaning and ambassador services in the downtown and City -owned parking ramps. The partnership between the City and Downtown District includes cost sharing, equipment and office and storage space sharing, and joint management of the contract. This resolution authorizes the City Manager to enter a Memorandum of Agreement ("MOA") with the Iowa City Downtown District detailing agreed upon procedures for coordinating with each other and Block by Block on implementation of the contract. The MOA establishes primary contacts, cost share, communication and information sharing requirements, shared equipment, space, and utility access, and other general expectations for implementation of the contract. This MOA also provides the City will enter into a separate lease agreement with the Downtown District for vacant space at the Court Street Transportation Center at below- market rate rent to serve as office space for Block by Block employees. The District will be responsible for the rent, utilities, and associated costs. Under the lease, the District will also continue to allow Transportation Services employees to utilize the space as a break room for special events when the Downtown Interchange is temporarily relocated to Court Street. This agenda item supports the Downtown District's strategic "clean and safe downtown" initiative and the City Council's Strategic Plan priority to "build community by fostering social connections and developing safe, accessible public spaces for gathering." Prepared by: Susan Dulek, Frist Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 24-88 Resolution authorizing the City Manager to sign a Memorandum of Agreement with the Iowa City Downtown District in conjunction with the agreement with Mydatt Services, Inc. dba Block by Block for cleaning of City Plaza, downtown sidewalks, downtown public alleys, and City - owned parking ramps. Whereas, Mydatt Services, Inc., dba Block by Block ("Block by Block") has provided cleaning and maintenance services to municipalities throughout the U.S. for over 20 years and currently provides services to over 150 communities; and Whereas, the City and the Iowa City Downtown District have entered into a 3 -year agreement with Block by Block ("Block by Block Agreement") for cleaning of City Plaza, downtown sidewalks, downtown public alleys, City -owned parking ramps, and a few private alcoves; and Whereas, the Block by Block Agreement is divided into two scopes of services, "Ramp Services" and "Downtown Services" and sets forth a single fee for said services; and Whereas, City staff and the Downtown District desire to enter into the attached Memorandum of Agreement to coordinate responsibilities under the Block by Block Agreement including cost sharing and assigning primary responsibility to the City to coordinate the Ramp Services and the District to coordinate the Downtown Services; and Whereas, the City should approve the attached Memorandum of Agreement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is authorized to execute the attached Memorandum of Agreement and amendments thereto as needed. Passed and approved this 2nd day of April, 2024. M Approved by Attest:�,,L=,�. City Clerk City Atto ey's Office (Sue Dulek - 03/28/2024) Resolution No. 24-88 Page 2 It was moved by salih and seconded by Moe the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Moe x Salih x Teague MEMORANDUM OF AGREEMENT Re: AGREEMMENT WITH BLOCK BY BLOCK This Memorandum of Agreement is entered into by and between the City of Iowa City, a municipal corporation ("City"), and Iowa City Downtown Self Supported Municipal Improvement District, d/b/a Iowa City Downtown District ("District") in Iowa City, Iowa as of the date of the signature of the last signatory below. Whereas, the City, District, and Mydatt Services Inc., dba Block by Block ("BBB") have entered into an agreement on April 2, 2024 for the cleaning of City Plaza, downtown sidewalks, and downtown public alleys and City -owned parking ramps ("BBB Agreement"); and Whereas, the BBB Agreement is divided into two scopes of services, "Ramp Services" and "Downtown Services"; and Whereas, the City and District desire to enter into a Memorandum of Agreement to coordinate responsibilities under the BBB Agreement including that the City will be primarily responsible for coordinating with BBB for the Ramp Services and the District for coordinating with BBB for the Downtown Services. The parties therefore agree as follows: 1. The City will be the primary contact with BBB for the Ramp Services to be performed pursuant to the BBB Agreement, and the District will be the primary contact for the Downtown Services. The City will be primarily responsible for ensuring BBB performs the Ramp Services as set forth in the BBB Agreement, and the District will be primarily responsible for ensuring BBB performs the Downtown Services. 2. The City's contact for the Ramp Services is the Director of Transportation Services and the District's contact for the Downtown Services is the Executive Director of the District. 3. Under the BBB Agreement, BBB will invoice the District monthly. The District agrees to forward a copy of the BBB invoice immediately to the City via email to the Director of Transportation Services and the City shall pay its portion of the invoice directly to the District within fifteen (15) days of receipt. The BBB Agreement provides the following annual fee, and the City and District agree to divide the fee 86% (City share) 14% (District share) as follows: BBB Fee City Amount District Amount Year 1 $825,322 $710,000 $115,322 Year 2 $837,702 $720,650 $117,052 Year 3 $858,644 $738,666 $119,978 If the BBB Agreement is renewed, the City and District agree to continue to pay their respective share of the fee 86%/14%. 4. Under the BBB Agreement, BBB will provide monthly reports to the District, and the District will immediately forward a copy of the BBB report to the City via email to Director of Transportation Services, 5. During the first year of the BBB Agreement, the City and District will meet quarterly to discuss the BBB Agreement and this Agreement with the first meeting to occur in July 2024. After one year, the City and District will agree on the frequency of the meetings for the ensuing year(s). 6. The City and District agree to share the following equipment for BBB operations: sweepers, pressure washer, parking, and storage. 7. By separate lease agreement, the City will lease space to the District in the Court Street Transportation Center for office use by BBB. 8. The City will provide BBB access to electricity and water at City cost. 9. The City will provide trash receptacles to BBB. 10. The District shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 11. This Agreement shall terminate upon termination of the BBB Agreement. 12. This MOA does not decrease the City's baseline services contained in Exhibit B of the SSMID Operating Agreement entered into on November 1, 2016. 13. The MOA re Powerwashing the Ped Mall and Downtown Sidewalks and Alleys entered into on May 8, 2019 is terminated effective July 1, 2024. 2 DocuSign Envelope ID: 2480A7E9-D71B-43B3-AA6C-B36CEFC7FF95 Dated this 2nd day of April, 2024. CITY OF IOWA CITY, IOWA By: ,Geoff Fruin City Manager Approved: s") Fl -d y- City Attorney's Office 11 IOWA CITY DOWNTOWN DISTRICT DocuSigned by: By: tory -oUvfw§tj 7 97E 38E8743F... Wendy Zimmermann President DocuSigned by: Bet y8�o�tE er Executive Director Item Number: 10.11h. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 Resolution Adopting the Racial Equity and Social Justice Grant Allocations for Fiscal Year 2024. Prepared By: Stefanie Bowers, Equity Director & Human Rights Coordinator Reviewed By: Geoff Fruin, City Manager Sue Dulek, Assistant City Attorney Fiscal Impact: $98,863.00 Staff Recommendation: Approval Commission Recommendations: The Human Rights Commission by a 7-0 vote approved the recommendations Attachments: Resolution Exhibit for RESJ Grant.pdf Executive Summary: The Human Rights Commission recommends full funding for Eastern Iowa Chapter of Asian Pacific Islander American Public Affairs (APAPA), Inside Out Reentry Community, Open Heartland, Better Together Community Development Corporation, and Domestic Violence Intervention Program, and partial funding for Houses into Homes, United Action for Youth, Indigenous Art Alliance, Escucha Mi Voz Iowa, CommUnity Crisis Center, and Wright House of Fashion. Background /Analysis: This grant opportunity is available to Iowa City -based organizations, both non and for-profit, with the purpose of encouraging, empowering, and engaging racial equity and social justice initiatives through programs, activities, or services that help eliminate inequities in the Iowa City community. The City Council established the grant in 2017. Programs that address one or more of the six priority service areas receive preference: Building Communities, Criminal Justice, Education, Employment, Health, and Housing. The Human Rights Commission reviews applications and then forwards its recommendations to the City Council for review and approval. Grant requirements: • The organization must be physically located in Iowa City. • The project must take place in Iowa City. • The proposal should seek to eliminate inequity in the community (individual, institutional, or structural). • The proposal must be a new project. Exception, organizations previously funded in the last grant cycle may reapply for the same project to be funded for one additional grant cycle. • Governments, public schools, and colleges/universities cannot be primary applicants. • Applicants can request no more than $25,000. • Projects cannot be for fundraising purposes. Applications were received from December 1, 2023, to January 5, 2024. Twenty-nine submissions were received. The Commission met on March 4, 2024, to discuss and rank the grant submissions, and a formal decision and recommendation was made at the meeting. Eastern Iowa Chapter of APAPA: The Eastern Iowa Chapter of APAPA will be holding a 2025 Lunar New Year celebration. This event celebrates the arrival of spring and the beginning of a new year. The project features cultural performances by local professional artists and musicians from different Asian countries. The Lunar New Year Gala will allow for collaboration with other diverse organizations, public officials, and schools and community leaders to celebrate cultural differences. Inside Out Reentry Community: Inside Out Reentry Community is seeking to expand their opportunities to provide art programming. After receiving increased interest in art programs from members they are looking to increase programming as well as art materials on hand. Art programs such as those offered by Inside Out Reentry are shown to be beneficial for those returning from incarceration by providing a sense of readiness, increased self-esteem, and basic communication skills. Open Heartland: Open Heartland has identified the need for Foundational Education and Skills Training (FEAST) for Latinx immigrant families in the community. Recognizing the need for this training comes from the Open Heartland Leadership Team made up of 1-3 adults from each of the seven mobile home communities and various apartment complexes in Johnson Country served by Open Heartland. FEAST projects will offer accessible solutions to the challenges this community faces by offering classes designed for Spanish-speaking participants and facilitated by qualified, experienced local community members. Better Together Community Development Corporation: Better Together will be participating in Welcoming Week, an annual event that has recently been reinvigorated in Johnson County. The event provides organizations, communities, cities, and the entire county an opportunity to foster connections and collaborations between immigrants, nonimmigrants, and refugees. The week fosters a culture of inclusivity and belonging by connecting nonprofits, businesses, and local governments. Houses into Homes: Houses into Homes serves families and individuals in Johnson County who are experiencing homelessness, domestic violence, and other crisis situations. During their nearly six years of service, they have noticed a lack of kitchen items and cooking equipment amongst the furniture poverty experienced by these groups. It is the organization's goal to provide kitchen starter sets to 120 households in the community. United Action for Youth: United Action for Youth (UAY) will be providing outreach services to youth experiencing homelessness in unsheltered locations through their Street Outreach program. Their services include engagement, case management, emergency health and mental health services, and transportation. UAY is looking to expand their programming which would include providing basic need packs consisting of necessities like hygiene products, seasonal necessities, and regional aid information. The packs are likely to total $50 each with a goal of handing out at least 250 bags per year. Expanding their program would also require funding for food and other program supplies and services such as transportation and training. Finally, UAY is looking to hire a peer mentor for the program. This would allow for better engagement from youth involved in the program due to the likelihood of building trust through a mentor. Domestic Violence Intervention Program: The Domestic Violence Intervention Program (DVIP) provides comprehensive support and advocacy services to victims/ survivors of domestic abuse. DVIP acknowledges the sharp increase in domestic violence caused by COVID-19 and is looking to shed light on the matter through a mini -conference aimed at facilitating in-depth discussions on the topics of black maternal health, the nexus between COVID, and the prevalence of domestic violence. The event will include a film screening, panel discussion, distribution of maternal health kits to partner organizations, and provisions of swag giveaways. This event will allow the organization to equip professionals with comprehensive insights, enabling them to effectively disseminate information to their clients and individuals in need. Indigenous Art Alliance: The Indigenous Art Alliance is looking to create a space for long term sustainability that will bring Indigenous artists and community members together through a gallery and cafe. The Indigenous People Art Gallery and Cafe will host art exhibitions, poetry nights, music, film screenings, fashion shows, author visits, and lectures. It will also educate people about the historic, tribal nations that once inhabited Iowa. In order to provide these services to the community the Indigenous Art Alliance is looking to provide supplies like portable art gallery walls, technology such as projectors and cameras, and artist stipends in order to broaden their audience and generate resources and engagement. Escucha Mi Voz Iowa: Escucha Mi Voz provides services through their Refugee Housing and Migrant Health Services Project. The project is an immigrant and refugee -led program that provides refugee resettlement, permanent supportive housing, wrap-around services, and all manner of supportive care and holistic supports to help immigrant refugee families rebuild their lives in Iowa. The project works to guarantee equal rights, access, equity, and improved health outcomes for working-class immigrant and refugee residents of Iowa City and Johnson County. Escucha Mi Voz Iowa members work with directly impacted people to identify their own needs and take effective action to address them, fostering agency and self- sufficiency through equitable access to services, personal development, and community leadership. CommUnity Crisis Center: CommUnity Crisis Center and Food Bank provides a variety of food service to the community through their large central food bank, mobile pantry, and home deliveries. Due to rising food costs, there are less donations coming into the food bank and more people seeking assistance. However, CommUnity wants to continue addressing food insecurity in the community regardless of rising food costs. Previous funding has allowed the organization to partner with local businesses and source food from them throughout the year in order to ensure clients have consistent access to staple foods like rice, beans, and flours. Their goal is to continue to do so regardless of the influx in food donations. Wright House of Fashion: Wright House of Fashion offers a variety of creative opportunities to young BIPOC and LGBTQIA+ youth for them to discover and amplify their voices while expressing themselves through creative outlets. The opportunities the organization has planned for this year include Night School Program, WRIGHT HOUSE Creative Lab, Professional Development Workshops, Wright House Collective Talk, Community Membership Events, Mentorship, Retail Shop Development, and Industry Tours and Events. Wright House believes education is a foundational step toward achieving social justice while providing individuals with the tools and opportunities necessary to empower themselves. Prepared by: Stefanie Bowers, Equity Director & Human Rights Coordinator, Office of Equity & Human Rights, 410 E. Washington St., Iowa City, lA 52240 (319) 356-5022. Resolution No. 24-89 Resolution Adopting the Racial Equity and Social Justice Grant Allocations for Fiscal Year 2024 Whereas, the City Council approved funding in the fiscal year 2024 budget for Racial Equity and Social Justice ("RESX) Grants for community-based organizations to build capacity to address social justice and racial equity; and Whereas, the City has disseminated the RESJ Grant applications to Iowa City organizations, and Whereas, the City has received 29 submissions for the RESJ Grant for fiscal year 2024, and Whereas, the Human Rights Commission held a meeting to discuss and review applications regarding the allocation of funds for the RESJ Grant for fiscal year 2024; and Whereas, the Human Rights Commission has recommended that Exhibit A be approved; and Whereas, the City Council finds that the RESJ Grant allocations have a public purpose and the public interest will be served by the adoption of the fiscal year 2024 RESJ Grant allocations. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The allocation of fiscal year 2024 RESJ Grant funds attached hereto as Exhibit A is hereby approved and adopted. 2. The City Manager or designee is hereby authorized to execute, terminate, or amend RESJ Grant agreements executed in connection with the allocation of public funds, Passed and approved this 2nd day of April Ma r Approved by 2024 Attest: > c� City berk City Attorne s Office - 03/28/2024 It was moved by Dunn and seconded by Moe the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Abstain: X Alter Bergus X Dunn X Harmsen _ X _ Moe Salih X Teague Alter Bergus Dunn Harmsen Moe X Salih Teague D , �') EXHIBIT A Organization Requested Amount Discussed Amount Eastern Iowa Chapter of APAPA ;, 3000 00 „3000 00 Inside Out Reentry Community 2300.00 2300.00 Open Heartland _; ` 13738 2S 13738y25. Better Together Community Development Corporation 8650.00_ 8650.00 Houses -into Homes _ -, .. w -.15000 00 „ 7698 16ry United Action for Youth 20000.00 10500.00 Domestic V,'olence Intervention'program 6482 99 _- ..._. -._.M :A:,,6482.9i,,' ._, Indigenous Art Alliance 25000.00 20340.00 Escucha-Mi Voz lows .. 2500000, 12000 00 ; CommUnity Crisis Center 20000.00 7000.00 Wright House of Fashion 25000:00 7153.60.. $164,171.24 $98,863.00 Handout to Council by Royceann Porter BLACK VOICES PROJECT BVP IS A VEHICLE FOR BLACK PEOPLE'S VOICE TO BE HEARD IN THE IOWA CITY AREA; OUR WORK CREATES A COMMUNITY THAT SUPPORTS A THRIVING BLACK CULTURE. EDUCATION - *SCHOOL ENVIRONMENT: ASSESS IMPROVEMENTS IN ADDRESSING DISCRIMINATION IN SCHOOLS. *PARTNERSHIP WITH THE IOWA CITY COMMUNITY SCHOOL DISTRICT SEVERAL SCHOOL BOARD MEMBERS AND THE SUPERINTENDANT ARE MEMBERS OF BLACK VOICES, WHERE THEY ATTEND MEETINGS REGULARLY & ARE HIGHLY TRUSTED STAKEHOLDERS. THIS GROUP HAVE WORKED COLLABORATIVELY MAKING RECOMMENDATIONS & HAVING ONGOING DIALOGUES EVALUATIG THE IMPACT OF EDUCATIONAL CAMPAIGNS THROUGH SURVEYS AND ASSESSMENTS. *ADVISE AROUND EQUITY INITIATIVES. HOUSING - *AIM TO ENSURE THAT PEOPLE WITH SECTION 8 VOUCHERS AND THOSE LIVING IN PUBLIC HOUSING UNDERSTANDS THEIR RIGHTS AND KNOW HOW TO NAVIGATE THE APPEALS PROCESS EFFECTIVELY. *LEGAL INTERVENTIONS: MEASURE THE SUCCESS OF LEGAL SUPPORT IN COMBATING HOUSING DISCRIMINATION, ACCESS TO AFFORDABLE HOUSING, AND ENSURING FAIR TREATMENT FOR ALL RESIDENTS. *WORK WITH THE IC HOUSING AUTHORITY FOR RESIDENTS ON KNOWING THEIR RIGHTS AND TO KNOW WHAT TO DO FOR APPEALS. *REFERRING OUR AFRICAN AMERICAN SENIOR CITIZENS TO APPLY FOR SENIOR LIVING HOMES. FILED APR 02 2024 City Clerk Iowa City, Iowa POLICING *PARTNERING WITH IOWA CITY POLICE DEPARTMENT ON COMMUNITY OUTREACH. IOWA CITY POLICE VOLUNTEER FOR OUR ANNUAL MARTIN LUTHER KING PARADE AND MLK CELEBRATION HELD AT MERCER PARK. *IOWA CITY POLICE OFFICER'S VOLUNTEER TO HELP SERVE FOOD FOR 300+ PEOPLE AT OUR ANNUAL HENRI HARPER COMMUNITY SOULFOOD DINNER. *IOWA CITY POLICE OFFICER'S VOLUNTEER FOR OUR ANNUAL JUNETEENTH CELEBRATION HELD DOWNTOWN IOWA CITY FEEDING 1200+ PEOPLE. CITY OF IOWA CITY - PARTNERSHIP WITH THE CITY OF IOW CITY PARKS & RECREATION TO UTILIZE THEIR FACILITIES TO HAVE OUR ANNUAL MARTIN LUTHER KING, BLACK HISTORY COMMUNITY SOULFOOD DINNER AND THE JUNETEENTH CELEBRATION DOWNTOWN IOWA CITY EVENTS. FINANCIAL LITERACY *PARTNERED WITH GREENSTATE BANK TO PROVIDE FINANCIAL LITERACY EDUCATION AT THE JUNETEENTH CELEBRATION IN DOWNTOWN IOWA CITY, IOWA DEMOSTRATING A COMMITMENT TO EMPOWERING INDIVIDAULS AND FAMILIES WITH THE KNOWLEDGE AND SKILLS NEEDED FOR FINACIAL SUCCESS AND INDEPENDENCE INCLUDING RESOURCES AIMED AT IMPROVING FINANCIAL LITERACY, BUDGETING, SAVING, AND INVESTING WITHING THE AFRICAN AMERICAN COMMUNITY AND BEYOND. *PARTINERING AN INITIATIVE THAT COMBINES CELEBRATION WITH EDUCATION AND COMMUNITY SUPPORT. IT'S A GREAT EXAMPLE OF LEVERAGING PARTNERSHIPS TO ADDRESS IMPORTANT SOCIAL AND ECONOMIC ISSUES WHILE CELEBRATING CULTURAL HERITAGE. BLACK ENTREPRENEURESHIP *PARTNER WITH THE MULTICULTURAL DEVELOPMENT CENTER OF IOWA TO IMPROVE DIVERSITY IN STEM AND MAKE ECONOMIC DEVELOPMENT MORE INCLUSIVE. *REFER AFRICAN AMERICANS TO THE INCUBATE PROGRAM-BIPOC BUSINESS ACCELERATOR PROGRAM THAT PROVIDES AN INTENSIVE TRAIN PROGRAM AND TECHNICAL ASSISTANCE DESIGNED TO ACCERLE GROWTH AND DEVELOPMENT OF MINORITY-OWNED BUSINESSES. APR 02 2024 City Clerk Iowa City, Iowa HEALTH *ADDRESS DISPARITIES IN HEALTHCARE ACCESS, INFORMATION AND OUTCOMES AMONG AFRICAN AMERICAN COMMUNITIES IN JOHNSON COUTY. *PARTNERING WITH JOHNSON COUNTY TO FACILITATE OUTREACH, EDUCATION AND RESOURCES AT THE MLK AND JUNETEENTH EVENT TAILORED TO THE SPECIFIC HEALTH NEEDS AND CONCERNS OF THE AFRICAN AMERICAN POPULATION. JUNETEENTH *A COMMEMORATION OF THE EMANCIPATION OF ENSLAVED AFRICAN AMERICANS IN THE UNITED STATES, WE CELEBRATE JUNETEEN ANNUALLY IN DOWNTOWN IOWA CITY. *CELEBRATION INVOLVING FOOD, CULTURAL PERFORMANCES AND EDUCATIONAL EVENTS. *FEEDING OVER 1200 PEOPLE AND OFFERING ENTERTAINMENT HONORING THE HISTORICAL SIGNIFICANCE OF THE DAY BUT ALSO FOSTERING COMMUNITY UNITY, CULTURAL PRIDE AND AWARENESS OF AFRICAN AMERICAN HERITAGE AND CONTRIBUTIONS. 2024 ANTICIPATED EVENTS ANNUAL BANQUET BLACK ARTS FESTIVAL FOOD DRIVE/TOY DRIVE FOR LOCAL FOOD HUBS APR 02 2024 City Clerk Iowa City, Iowa Applications must be submitted by January 5, 2024. Questions about the application form or review process should be directed to Equity Director Stefanie Bowers at stefanie- bowers@iowa-city.org or 319-356-5022. In 2017, the City Council created the Racial Equity and Social Justice (RESJ) Grant to assist community-based organizations in building capacity to address racial equity and social justice needs. Grant Requirements o The project should address one or more of these priority areas: Building Communities, Criminal Justice, Education, Employment, Health, and Housing. o The organization must be physically located in Iowa City. o The project must take place in Iowa City. o The project should seek to eliminate inequity in the community (individual, institutional, or structural). o The project must be a new project. Exception, organizations previously funded in the last grant cycle may reapply for the same project to be funded for one additional grant cycle. o Applicants cannot be governments, public schools, and colleges/universities. o Applicants can request no more than $25,000. o Projects cannot be for fundraising purposes. Name of Organization* Black Voices Project Address* Street Address Appanoose Court Address line 2 City Iowa City Postal / Zip Code 52240 Phone Number* 319-321-2779 Website Address Name* Royceann Porter Title* President State / Province / Region Iowa Country Johnson FILED APR 02 2024 City Clerk Iowa City, Iowa Phone Number* 319-321-2779 Email* royceannporter1212@gmail.com Organization's Mission Statement* Black Voices Project is a vehicle for Black people's voices to be heard in the Iowa City area; our work creates a community that supports a thriving black culture. How many years has the organization been in operation?* 8 1. The title of the project is * Voices United for Equity and Justice 2. Provide a narrative describing your project.* Voices United for Equity and Justice serves as a powerful platform within the Black Voices Project amplifying efforts to encourage, empower, and engage racial equity and social justice initiatives in the Iowa City Area. 3. Is this a new project proposal or a continuing project?* New 4. This project will advance racial equity / social justice by ... * *This project actively addresses systemic issues through community engagement, education, and targeted advocacy in key areas. *By promoting economic opportunities, legal support, and educational initiatives, the project aims to dismantle inequities and empower the black community. *The events, such as the Martin Luther King Jr. Parade and Juneteenth Celebration, foster unity and celebrate diversity, contributing to a more just and inclusive community. S. The project addresses one or more of the following priority areas: * Check. all that apply Building Communities Criminal Justice Education Employment Health Housing 6. Does this project include any collaborations with community organizations? If so, please list them below. If no collaborations will occur, type "None." Organization * Iowa City Community School District Iowa City Police Department Iowa City Parks & Recreation City of Coralville Johnson County Community Gun Violence Intervention Time Span* 1 year 1 year 1 year APR 0 2 2024 1 year City Clerk 1 year Iowa City, Iowa 7. What demographic groups in this community will this project serve?* (The response should include age, race, gender and income). The Black Voices Project aim to serve the entire Iowa City community, with a primary focus on Black residents. It will address the needs of all ages, genders, and income levels within the Black community, promoting inclusivity and equity. The project's initiatives, spanning building communities, criminal justice reform, education, employment, health, and housing, are designed to address systemic issues and promote racial equity and social justice for the Black population. Demographic groups served include: 1. Black Residents: The core focus is on amplifying the voices and addressing the needs of the Black community in Iowa City. 2. Students: Educational initiatives target students affected by discrimination in schools, including black students. 3. Immigrant Communities: Advocacy efforts extend to support immigrant students and workers who may face unique challenges. 4. Low -Income Individuals: Initiatives like employment programs and housing advocacy aim to benefit those with economic challenges. 5. Transgender Individuals: The project actively protests for the rights of transgender students and workers, serving this demographic. By addressing the diverse needs and challenges faced by these demographic groups, the Black Voices Project strives to create a more inclusive and equitable community for everyone in Iowa City. 8. Is there a financial cost to participate in the project? If yes, why and how much?* The Black Voices Project is committed to advancing racial equity and social justice while ensuring accessibility. However, there is an annual fee associated with Black Voices Project participation: $30.00 per person and $15.00 for Senior Citizens and Students. This fee structure is designed to contribute to the sustainability of the project and its initiatives. The funds collected through these fees may potentially support administrative costs, event logistics, and other operational expenses. Efforts could be made to provide waivers or scholarships for individual who may face financial challenges, thereby maintaining an inclusive environment and ensuring that the Black Voices Project remains accessible to a broad and diverse demographic. FILED APR 02 2024 City Clerk Iowa City, Iowa 9. How will success of the project be measured?* The success of the Black Voices Project will be measured through a comprehensive evaluation framework encompassing both quantitative and qualitative indicators. Key performance metrics and assessment methods include: 1. Community Impact: * Attendance: Measure the participation rates in community -building events, workshops, and forums. *Partnerships: Track the number and strength of partnerships with local businesses. 2. Criminal Justice: *Policy Changes: Assess any achieved reforms or policy changes resulting from advocacy efforts. *Legal Outcomes: Measure the success of legal aid interventions in addressing injustices. 3. Education: *Awareness Levels: Evaluate the impact of educational campaigns through surveys and assessments *School Environment: Assess improvements in addressing discrimination in schools. 4. Employment: *Minimum Wage Impact: Evaluate the impact of minimum wage initiatives on employment conditions *Job Training Success: Measure the success and placement rates of job training programs. 5. Health: * Participation Rates: Track the participation in health and wellness programs. * Health Outcomes: Evaluate improvements in community health indicators. 6. Housing: *Policy Changes: Assess any policy changes resulting from housing advocacy efforts. *Legal Interventions: Measure the success of legal support in combating housing discrimination. Ongoing Monitoring: Regularly monitor and assess ongoing activities and initiatives throughout the year. Mid -Year Review -(Months 6-7) *Evaluate progress, make adjustments if necessary, and identify areas for improvement. * Year -End Assessment (Month 12): *Conduct a comprehensive evaluation of the overall impact and success of the project. Qualitative Feedback: - Collect qualitative feedback through surveys, focus groups, and testimonials from participants, partners, and community members. - Assess community perceptions, awareness levels, and the project's influence on attitudes and behaviors. By combining both quantitative metrics and qualitative feedback, the Black Voices Project can gain a holistic understanding of its impact, ensuring that success is measured not only in numbers but also in the positive changes experienced by the community. FILED APR 02 2024 City Clerk Iowa City, Iowa 10. Will the project continue after the racial equity and social justice grant funding ends?* If yes, what measures will the organization take to ensure that it does? The sustainability and continuation of the Black Voices Project after the grant period will depend on several factors: 1. Diversification of Funding: - Seek additional sources of funding, grants, and community support to sustain ongoing initiatives. 2. Establishing Partnerships: - Forge strong and lasting partnerships with local organizations, businesses, and community stakeholders for continued support. 3. Community Involvement: - Encourage active community involvement and volunteerism to maintain momentum and engagement. 4. Long -Term Planning: - Develop a long-term strategic plan outlining objectives, activities, and funding strategies beyond the initial grant period. 5. Measuring Impact: - Continuously assess and showcase the positive impact of the project to attract ongoing support. 6. Capacity Building: - Invest in building organizational capacity, including leadership development, to ensure effective project management. 7. Adaptability and Flexibility: - Be adaptable to changing community needs and responsive to emerging issues, ensuring relevance over time. 8. Advocacy for Policy Changes: - Continue advocating for policy changes in key areas such as criminal justice, education, employment, health, and housing to create lasting systemic impact. By proactively addressing these considerations, the Black Voices Project can increase the likelihood of sustained success beyond the initial grant period, ensuring its ongoing contribution to racial equity and social justice in the community. No more than 25% of the total funding requested can be for operational costs. i.e., payroll, rent, office supplies, utilities, insurance, and taxes. 1. Within the year, has the organization received any funding from the City of Iowa City?* If so, for what and for how much? $15,000 for Operational cost for Juneteenth. FILED 2. Amount of Funding Requested* $ 25,000.00 APR 0 2 2024 3. What is the organization's annual budget?* City Clerk $22,000 Iowa City, Iowa 4. Please list all other funding sources, including the City of Iowa City, for this project. Funding Source* Status* Amount* Green State Credit Union Received $ 2,500.00 1. Complete the table below to itemize your budget: Item* Brief Description* Unit Cost Quantity Total* MLK Event Martin Luther King $ 1,500.00 1 $ 1,500.00 Event/Parade Black History Community Soulfood Dinner $ 3,000.00 1 $ 3,500.00 "SoulFood Dinner' feeding 300+ people in our communities Juneteenth Celebrate $ 15,000.00 1 $ 15,000.00 Celebration Juneteenth/Food/Entertainment /Allocating funds for event logistics, ensuring a memorable and impactful celebration. Incorporate a concert to enhance cultural engagement. Workshops Host Workshops addressing $ 500.00 1 $ 500.00 racial injustices in police/school & housing Community Forums Discuss disparities in the $ 500.00 1 $ 500.00 community. Educational Develop educational materials $ 500.00 1 $ 500.00 Materials addressing discrimination in schools. Administrative Allocate a portion of the funds $ 2,500.00 1 $ 2,000.00 Support for administrative expenses, outreach materials, and technology for virtual events. Professional hiring consultants or experts in $ 1,500.00 1 $ 1,500.00 Services racial equity, event planning, and community engagement. These services will ensure strategic planning, targeted FILED outreach, and the delivery of high-quality events that resonate with our community. APR 0 2 2024 Professional services are City Clerk crucial for refining our Iowa City, Iowa approach, maximizing impact, and sustaining the momentum of our initiatives. 2. If the budget includes fees for professional services, please explain how this advances the program, service, or activity. * Hiring consultants or experts in racial equity, event planning, and community engagement. These services will ensure strategic planning, targeted outreach, and the delivery of high-quality events that resonate with our community. Professional services are crucial for refining our approach, maximizing impact, and sustaining the momentum of our initiatives. 3. Provide a timeline narrative for how the grant money would be spent over the course of a year.* 1. Advocacy and Education (Months 1-3): - Host workshops addressing racial injustices in the police, school system, and housing. - Facilitate community forums to discuss Black teacher recruitment and retention. - Develop educational materials addressing discrimination in schools and supporting immigrant students and workers. 2. Protests and Awareness Campaigns (Months 4-6): - Organize protests advocating for minimum wage increase and transgender rights. - Launch awareness campaigns addressing systemic discrimination in schools. - Collaborate with local media for broader outreach. 3. Community Events and Engagements (Months 7-9): - Collaborate with City of Iowa City Parks and Recreation for the Martin Luther King Jr. parade. - Organize a SOULFOOD DINNER during Black History Month, feeding at least 300 people. - Strengthen partnerships with local organizations for sustained community engagement. 4. Juneteenth Celebration (Months 10-12): - Plan and execute a vibrant Juneteenth event in downtown Iowa City. - Allocate funds for event logistics, ensuring a memorable and impactful celebration. - Incorporate a concert to enhance cultural engagement. 5. Capacity Building and Administrative Support (Throughout the Year): - Allocate a portion of the funds for administrative expenses, outreach materials, and technology for virtual events. - Invest in capacity -building initiatives, including training volunteers and enhancing organizational infrastructure. 4. Please indicate when the major project activities will occur.* "Community Events and Engagements: - January -Collaborate with City of Iowa City Parks and Recreation for the Martin Luther King Jr. Event/Parade. - February -Organize the "SOULFOOD DINNER" during Black History Month, feeding at least 300 people. - June-Juneteenth Celebration - Incorporate a free live concert to enhance cultural engagement. S. Can this project be completed with less funding? * If yes, please state the amount of funds that could be allocated to allow the project to proceed. NO Authorization* agree that the following electronic signature is an electronic representation of my signature for all purposes; just the same as traditional pen -and -paper signature. Signature * 1i� nr lrw C11-4rrne Date* 1/2/2024 FILED APR 0 2 2024 City Clerk Iowa City, Iowa Item Number: 10.i. CITY OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 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. Prepared By: Connie McCurdy, Administrative Secretary Reviewed By: Sue Dulek, Assistant City Attorney Kellie K Grace, City Clerk Fiscal Impact: No impact Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Exhibit A Exhibit B Executive Summary: This resolution is to adopt an assessment schedule for unpaid mowing, property clean-up, and snow removal. Background /Analysis: The City has the authority under Iowa Code §364.136 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. I r i i1i1Z.,wr®City Council Supplemental Meeting Packet CITY OF IOWA CITY April 2, 2024 Information submitted between distribution of the Supplemental Meeting Packet 1 (if any) on Monday and 3:00 pm on Tuesday. Late Handout(s) 9.a. Rezoning - 302-316 E Bloomington Street - Local Historic Landmark - See Protest of Rezoning from Gary Skarda and correspondence from the following: Northside Marketplace Business owners, Jaque McClure, Bobby Jett, Margaret Eginton Carmichael, Marybeth Slonneger, Kasey & Dennis Befeler, Paul Jensen, Emmaline R Light, Lynda Leidiger, Amy Weismann 9.c. Rezoning - 1810, 1816, and 1828 Lower Muscatine Rd - See correspondence from Joan and Tom Cook (10 .i. Assessment Schedule - See revised Exhibit A IP6. Memo from NDS Director - Affordable Housing Fund - Proposed Changes to the Distribution Formula - See correspondence from Ellen McCabe. April 2, 2024 City of Iowa City Item Number: 10.i. CITY OF OF IOWA CITY COUNCIL ACTION REPORT April 2, 2024 Assessment Schedule - See revised Exhibit A Attachments: Exhibit A - REVISED EXHIBIT A Late Handouts Distributed��, -�) -aL- CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID WEED REMOVAL, SIDEWALK REPAIR, SNOW REM111sIZr90(t BOX REPAIR, AND PROPERTY CLEANUP IV Legal Description Services) Date of Balance Pmperty Address Parcel Number Assessed Value Property Owner Rendered Case Number Service(s) Cost of Servke Invoice# Outstanding IOWA CITYBOULEVARD TERRACE L0T.2 943 EI0WA AVE, IOWA CITY 52245 LOTS 2&4B 1011339002 $320,340 IRVINE, ERIN BR0AOST0N snow and ice SNOW23-0057 312212023 5 234.45 INV -00011746 $ 234.45 IOWA CITY WESTSWEESTATES- PHASE MA, WEIW£N & MA, 4302 ROHRET RD, IOWA CITY 52246 ONELOT:32L0T32 1124131019 $284,380 MNFANG tall grosslwbMR C0M23-0260 6/7)2023 5 250.00 INV-OW19982 $ 250.00 IOWA CITY COMMUNITY VIEW- PART ALLEN DEVELOPMENT, 682 ADEN ST, IOWA CITY 52244 ONELOTI6L0T16 918285006 $4,880 LLC tab gmsslweeds C0M23-0234 6/10/2023 5 250.00 INV-OM19022 $ 25000 IOWA CITY PENNY BRYN ADDITION PART Obst/acting Public 1902 KATHLIN DR, IOWA CITY 52246 2 LOT:28 LOT 28 1017429001 $221190 NEUBAUER, IRENE Ways C0M23-0306 6)1912023 $ 250,00 INV -00019382 5 25000 2124 WESTERN RD, IOWA CITY 4TH ONirOLOCK:11 L0Y12 L0T128LK 52240 11 1023198011 5127,860 ANDERSON, CHARIA LEE [allgmss(weeds C0M23-0373 61512023 $ 450.00 INV -00019412 5 450.00 119 CHADWICK LN, IOWA CITY IOWA CI TY STONE BRIDGE ESTATES- ALLEN DEVELOPMENT, 52245 PARTSEVEN LOT85 LOT85 907408002 $57,300 LLC tall gross%weeds C0M23-0436 615/2023 5 250.00 !NV -00019415 $ 25000 LI N O EMANN S UBOIVISION- PART EIGHT HOLUNSPA55 Obstructing Public Parcel LOT:OL A OUTLOTA 907341001 $0 DEVELOPMENTLLC Ways C0M23-0418 61812023 $ 300.00 INV -00019416 $ 300.00 1619 BROADWAY ST, I0WA CITY IOWA CITY BL0CK:1O LOTS LOT 6 BLK 52240 10 1014362010 5207,290 A841, LLC tallgm551Weeds C0M23-0455 61512023 $ 350.00 INV-OW19418 $ 350.00 1912 CALIFORNIA AVE, I0WA CITY IOWA CITY PARTI MOUNT PROSPECT 52240 ADDITION L0T.11 L0TII 1023161003 $202,050 )ONES, MILEKAK tallgmsslweeds COM23-01451 6/8/2023 $ 250.00 INV -00019459 $ 250.00 1600 SYCAMORE ST, IOWA CITY LOTS 2, 3,4,&7111PART0F LOIS 5&6 52240 & MCL THATPARTOFSWSE S4-79-6& I014457007 $13,515,660 LBO PROPERTIES, LLC tall gmsslweeds COM23-0308 9/24/20231$ 500.00 INV -0O020272 $ 50000 SUBDIVISION LOCOL A THAT PART OF )AM INVESTMENTS OF 1926 KE0KUK ST, IOWA CITY 52240 LOT2 IS OUR0TA DESC AS A UDIT0R'S 1022108013 $69$490 IOWA CITY, LLC r.Bg DY,1weeds COM23-D510 8/6/2023 $ 300.00 INV -00020279 5 300,00 IOWA UNWESTSIDE ESTATESPHASEMA, W£IWEN& MA, 4302 ROHRET RD, I0WA CITY 52246 ONE L0T.32 L0T 32 1124131019 $34,740 SANFANG mIl mssiweeds COM23-0513 81612023 $ 250.00 INV -00020291 5 250.00 IOWA CITY PENNY BRYN ADDITION Obstructing Public 1902 KATHLIN OR, IOWA CITY 52246 PART2 LOT:28 LOT29 1017429MI $19&460 NEUBAUER, IRENE Ways COM23-0509 8/612023 S 975.DO INV -00020297 $ 975.00 2906 STERLING DR, IOWA CITY IOWA CITY VILLAGE GREENSOUTH PART $2240 210195 L0T95 3024127001 $24,210 KIRCHNER KlMBEALYt tall gr.. ra,I,dr COM23-0529 81612023 5 250.00 INV -00020330 5 250.00 LOT9 E 111 LOTS BLK10 & INCL THAT 22071 ST, I0WA CITY 52240 PART OFALLEYAS DESCIN BY 3130 PG 1014418001 $178,230 MILLS, CHRISTEN M tall gmsslweeds COM23-0634 9%8(2023 $ 250 -OD INV -00020349 $ 25(L00 LINDEMANNSUBDIVISION-PARTEIGHTROLLINS PASS ObAcluting Public Parcef LOT:OLA OUTLOTA 907341003 $0 DEVELOPMENTLLC Ways COM23-0741 BAA) $ 400.00 INV -00020355 $ 400,00 145 N WESTMINSTER ST, IOWA CITY IOWA C7TY0AKWO0DS ADOITI0N PARTCUNNINGHAM, 17 MICHAEL 2245 LOT 34)1073-0) 1012426004 5276,620 0 ml(0/psslweeds COM23-0725 %/8/3023 $ 700.00 INV-WD20356 $ 700.00 $ 6,209.45