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HomeMy WebLinkAbout2021-12-14 ResolutionItem Number: 4.b. D ecember 14, 2021 1. R es olution to is s ue C igarette P ermit to Malka 13, Inc ., dba Evergreen S moke S hop, 1661 S . F irs t Ave. AT TAC HM E NT S : Description Cigarette Resolution 1 ,b Prepared by: City Clerk's Office,410 E.Washington St., Iowa City,IA 52240(319)356-5043 Resolution Number: 21-298 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: Evergreen Smoke Shop — 1661 S. First Ave. Passed and approved this 14th day of December , 20 21 • J pproved by Attest: ' C ' 101 1_ City Clerk City Attorney's Office It was moved by Weiner and seconded by Bergus the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Bergus X Mims X Salih X Taylor X Teague X Thomas X Weiner Item Number: 5.a. D ecember 14, 2021 Resol u tion Exten d ing the Timeframe for the Ad Hoc Truth & Recon ciliation Commission to Complete its Ch arge. Prepared B y:Stefanie Bowers, Human Rights Coordinator Reviewed By:Eric Goers, City Attorney Geoff Fruin, City Manager F iscal I mpact:No I mpact Recommendations:Staff: Approval Commission: To extend the timeline for the A d Hoc Truth & Reconciliation Commission to complete its mission through J une 2023. Motion passed 8-0. Attachments:Resolution Executive S ummary: T his Resolution extends the timeframe of the A d Hoc Truth & Reconciliation Commission to complete its charges and other work f rom J une 2022 to J une 2023. The extension was discussed and recommended by the Commission. T he City Council directed staf f to prepare the extension at its November 30, 2021 work session. Background / Analysis: Resolution 20-228, provided f or the A d Hoc Truth & Reconciliation Commission to serve from the date of appointment of all members to J une 30, 2022. T he Commission was created in September 2020 to bear witness to the truth of racial injustice in I owa C ity and to carry out restorative justice, through collection of testimony and public hearings. Due to unanticipated delays and in recognition of the signif icant remaining scope of work to be completed, it is recommended that an extension be provided to extend the work of the Commission through J une of 2023. AT TAC HM E NT S : Description Resolution Correspondence to Council 5, CV Prepared by: Stefanie Bowers, Equity Director, 410 E. Washington St., Iowa City, IA 52240, (319)356-5022 Resolution No. 21-299 Resolution Extending the Timeframe for the Ad Hoc Truth and Reconciliation Commission to Complete its Charge Whereas, the City Council passed Resolution 20-228 at its September 16, 2020 meeting to establish theAd Hoc Truth and Reconciliation Commission; and Whereas, Resolution 20-228 established the Ad Hoc Truth and Reconciliation Commission to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for dedicating and/or renaming public spaces and/ or rights of way in honor of the Black Lives Matter movement; and Whereas, the City Council committed to allocate City funds of$1,000,000 during the present Fiscal Year to support Resolution 20-159 (the resolution of initial City Council commitments addressing the Black Lives Matter movement and systemic racism), which includes a variety of initiatives, among them the Truth and Reconciliation Commission; and Whereas, the Resolution 20-228 stated the Ad Hoc Truth and Reconciliation Commission members shall serve from the date of appointment of all members to June 30, 2022; and Whereas, the charge of the Ad Hoc Truth and Reconciliation Commission is to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through collection of testimony and public hearings; and Whereas, in order to provide the best possible foundation for moving forward on a future based on equity, the original end date is impractical; and Whereas, at its November 18, 2021 meeting by a majority, the Ad Hoc Truth and Reconciliation Commission vote recommended an extension through June 2023 to the City Council. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that; 1. The timeframe for the Ad Hoc Truth and Reconciliation Commission to complete its charges and other work be extended through June 2023. Passed and approved this 14th day of December , 2021. l Ma Approved by Attest: ' CCIP " TP f. . ' City Clerk City Attor y's Office— 12/08/2021 It was moved by Weiner and seconded by Bergus the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Bergus X Mims X Salih X Taylor X Teague x Thomas x Weiner Item Number: 5.b. D ecember 14, 2021 Resol u tion Amen d ing the Iowa City Hou sing Auth ority Housin g Choice Vou ch er Prog ram (H C VP) Admin istrative Plan . Prepared B y:Steven J . Rackis, Housing Administrator Reviewed By:Tracy Hightshoe, Director of Neighborhood and Development Services Erika Kubly, Neighborhood S ervices Coordinator F iscal I mpact:No impact. Recommendations:Staff: Approval Commission: N/A Attachments:Chart of current policy and proposed amendments Resolution Executive S ummary: T he purpose of the HC V Administrative Plan is to govern administration of the HC V and Family Self-S ufficiency programs administered by the I owa City Housing Authority, including those policies not covered under F ederal regulations. The Housing Authority proposes the attached amendments to the Assignment of Bedroom S izes. Background / Analysis: T he intent of HUD requirements is that the smallest appropriate bedroom size be assigned to participant families without overcrowding. T he proposed amendments to Section 6.0: Assignment of Bedroom Sizes (Subsidy Standards) are the result of the Housing Authority’s analysis of requests for higher subsidy standards. While this proposed amendment will increase the amount of Housing Assistance Payments (H AP) paid to a landlord on behalf of the family, the ability of eligible families to more quickly find and lease-up suitable units will also increase. Quicker lease-up rates benefit both the family and the Housing Authority. AT TAC HM E NT S : Description Chart of current policy and proposed amendments resolution Chart of Current Policy and Proposed Amendments to the Housing Choice Voucher (HCV) Administrative Plan Section 6.0: Assignment of Bedroom Sizes (Subsidy Standards) 24 CFR 982.402 The intent of HUD requirements is that the smallest appropriate bedroom size be assigned to participant families without overcrowding. Subsidy assignments will allow at least one bedroom for each two persons. Subsidy will be determined using the following guidelines: Current Policy Proposed 1. A zero (0) bedroom will be assigned to any family consisting of a single person (excluding elderly and disabled). 2. An unborn child will not be counted in determining subsidy standards when the family size is greater than one (1). 3. A family that consists of a pregnant woman only, and (no other persons), will be treated as a two-person family. 4. One-bedroom will be assigned to a single adult with a child under the age of one (1) (Removed). 5. One-bedroom will be assigned for two children of the same sex regardless of age. 6. One-bedroom will be assigned for children of the opposite sex who are both under the age of six (6). 7. One-bedroom will be assigned for every two adults regardless of relationship, unless 18 or older and a High School student. 8. One-bedroom will be added for a live-in aide. 9. In the case of shared custody of a child (children), the child (children) must be in the household no less than 51% of the time to be considered when determining subsidy. Pending custody issues will be evaluated on a case-by-case basis considering the reasonable likelihood of success. The 1. A one (1) bedroom will be assigned to any family consisting of a single person (Amendment). 2. An unborn child will not be counted in determining subsidy standards when the family size is greater than one (1). 3. A family that consists of a pregnant woman only will be treated as a two- person family. 4. One-bedroom will be assigned for two children of the same sex regardless of age. 5. One-bedroom will be assigned for children of the opposite sex who are both under the age of six (6). 6. One-bedroom will be assigned for every two adults regardless of relationship, unless younger than 23 or a disabled adult (Amendment). 7. One-bedroom will be added for a live-in aide. 8. In the case of shared custody of a child (children), the child (children) must be in the household no less than 50% of the time to be considered when determining subsidy. Pending custody issues will be evaluated on a case-by-case basis considering the reasonable likelihood of December 8, 2021 Page 2 household may be required to provide written verification that a child resides with the family such as a court order, school registration documents, etc. At the sole discretion of the Housing Authority, additional subsidy may be granted for 50/50 shared custody. Only one (1) household will be granted the dependent deduction. 10. In determining subsidy, the Iowa City Housing Authority will include children who are temporarily away from home because of placement in foster care. Temporary is defined as less than one year. 11. Subsidy allowances will be adjusted accordingly for foster parents who have not had a foster child in placement for one year. 12. The Iowa City Housing Authority may grant exceptions to its established subsidy standards if the ICHA determines the age, sex, handicap, or relationship of family members or other personal circumstance justifies the exception. The ICHA will review documents from DHS, physicians, or other similar sources to make this determination. success. The household may be required to provide written verification that a child resides with the family such as a court order, school registration documents, etc. At the sole discretion of the Housing Authority, additional subsidy may be granted for 50/50 shared custody. Only one (1) household will be granted the dependent deduction (Amendment). 9. In determining subsidy, the Iowa City Housing Authority will include children who are temporarily away from home because of placement in foster care. Temporary is defined as less than one year. 10. Subsidy allowances will be adjusted accordingly for foster parents who have not had a foster child in placement for one year. 11. The Iowa City Housing Authority may grant exceptions to its established subsidy standards if the ICHA determines the age, sex, handicap, or relationship of family members or other personal circumstance justifies the exception. The ICHA will review documents from DHS, physicians, or other similar sources to make this determination. ,b Prepared by Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 Resolution No. 21-300 Resolution amending the Iowa City Housing Authority Housing Choice Voucher program (HCVP) Administrative Plan. Whereas, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires the adoption of a Housing Choice Voucher(HCVP) Administrative Plan; and Whereas, the proposed changes to the assignment of bedroom sizes (Subsidy Standards) constitutes a significant amendment to the HCVP Administrative Plan; and Whereas, the proposed changes will increase the subsidy paid to the landlord and will increase eligible families' ability to more quickly find and lease-up suitable units; and Whereas, quicker lease-up rates benefit both families and the Housing Authority; and Whereas, the City Council finds that the public interest will be served by the approval of the amendment to the HCVP Administrative Plan and submission to the U.S. Department of Housing and Urban Development. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The HCVP Administrative Plan, as amended, is approved as the policy of the Iowa City Housing Authority. 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 14th day of December , 2021 = Il.r J n �• Approved by ATTEST: Y ' ' ) Tri City lerk City Attorneyiffr:e (Sue Dulek— 12/08/2021) Resolution No. 21-300 Page 2 It was moved by Weiner and seconded by Bergus the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bergus X Mims X Salih X Taylor X Teague X Thomas X Weiner Item Number: 5.c. D ecember 14, 2021 Resol u tion approvin g , auth orizing and d irectin g th e Mayor to execute and the City Clerk to attest an Agreemen t b y an d between th e City of Iowa City and Stearn s, Conrad , and Schmid t Consulting Engin eers, Inc. dba S C S Engin eering, In c. to provid e engin eering consultant services for th e Iowa City Landfill Cell F Y23 Constru ction Proj ect. Prepared B y:J oe Welter, S r. Civil E ngineer Reviewed By:J ason Havel, City E ngineer Ron K noche, P ublic Works Director Geoff Fruin, City Manager F iscal I mpact:$346,300 available in the Future L andfill Cell Project, Account #L 3338 Recommendations:Staff: Approval Commission: N/A Attachments:Resolution Agreement Executive S ummary: T his agenda item approves the consultant agreement for the preliminary design, final design, preparation of a project manual for bidding, permitting, bidding assistance, and construction services for the construction of the next landfill cell, C ell F iscal Year 23 (F Y23), for the I owa City L andfill and Recycling Center (L andfill). Background / Analysis: T he current landfill cell, Cell F Y18, is projected to have two to three years remaining for solid waste disposal. To continue solid waste disposal services at the L andfill, the City must construct a new landf ill cell, Cell F Y23, in accordance with State and F ederal R egulations. I t takes about three years to complete the process of designing, permitting, constructing, and completing the initial four feet of fill. Design and initial permitting of the next cell is planned for 2022. Construction and initial fill are planned f or 2023. T his should allow transition of the solid waste disposal in the new cell roughly in the same time frame as completion of filling in the current cell. AT TAC HM E NT S : Description Resolution Agreement 5. � Prepared by:Joe Welter, Public Works,410 East Washington Street, Iowa City, Iowa 52240;(319)356-5144 Resolution No. 21-301 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Stearns, Conrad, and Schmidt Consulting Engineers, Inc. dba SCS Engineering, Inc. to provide engineering consultant services for the Iowa City Landfill Cell FY23 Construction Project. Whereas, the City desires to continue utilizing the Iowa City Landfill and Recycling Center(Landfill) for solid waste disposal services, and; Whereas, to continue solid waste disposal services at the Landfill, the City desires to construct a new landfill cell in Fiscal Year(FY) 2023 in accordance with State and Federal Regulations, and; Whereas, the next planned cell is to be located immediately north of the current cell, Cell FY18, and; 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, permitting, bidding assistance, and constructions services for the Iowa City Landfill Cell FY23 Construction Project, and; Whereas, the City issued a Request for Qualifications, On-Call Professional Design, Engineering, and Planning Services for the Iowa City Landfill and Recycling Center (2021 - 2022), March 17, 2021, 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, the City has negotiated a Consultant Agreement for said consulting services with Consultant to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Consultant; and Whereas, funds for this project are available in the Future Landfill Cell Project, Account #L3338, and; 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. Resolution No. 21-301 Page 2 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Passed and approved this 14th day of December , 2021 MI . sr: Approved by • Attest: �� Y • � cA1 City Clerk City Attorney's ce (Sara Greenwood Hektoen— 12/08/2021) It was moved by Weiner and seconded by Bergus the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Bergus X Mims X Salih X Taylor X Teague X Thomas x Weiner Consultant Agreement This Agreement, made and entered into this 14th day of December , 2021 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and Stearns, Conrad and Schmidt, Consulting Engineers, Inc. dba SCS Engineers, a Virginia corporation, hereinafter referred to as the Consultant. Whereas, the City desires to continue utilizing the Iowa City Landfill and Recycling Center (Landfill)for solid waste disposal services, and; Whereas, to continue solid waste disposal services at the Landfill, the City desires to construct a new landfill cell in Fiscal Year (FY) 2023 in accordance with State and Federal Regulations, and; Whereas, the next planned cell is to be located immediately north of the current cell, Cell FY18, and; 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, permitting, bidding assistance, and constructions services for the Iowa City Landfill Cell FY23 Construction Project, and; Whereas, the City issued a Request for Qualifications, On-Call Professional Design, Engineering, and Planning Services for the Iowa City Landfill and Recycling Center (2021 — 2022), March 17, 2021, 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, the City has negotiated a Consultant Agreement for said consulting services with Consultant to provide said services, and; Whereas, it is in the public interest to enter into said Consultant Agreement with Consultant; and Whereas, funds for this project are available in the Future Landfill Cell Project, Account Number L3338, and; Now Therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Task 1: FY23 Cell Conceptual Design The Consultant will establish the major project objectives, the conceptual details in pre-design planning, collect needed design information including borrow soil testing, prepare a preliminary project construction cost estimate, and prepare and submit the Iowa Department of Natural Resources (DNR) Request for Construction. The following activities will be completed as part of this task: - 2 - 1. Develop concepts for: a. Northern extent of FY23 Cell (includes establishing base map for project). b. Location of roadway into FY23 Cell. c. Storm water management in FY23 Cell. d. Volume of fluff material required to fill basal footprint of FY23 Cell. e. Anticipated lifespan of FY23 Cell. f. Tie-in to future northwest (NW) expansion cell. g. Gas Collection System Expansion (horizontal pipes and vertical wells in Cells FY09 and FY18) 2. Develop cost estimate for construction of conceptual FY23 Cell. 3. Develop an overall project schedule to allow construction of FY23 Cell to be completed and available for waste disposal by summer 2023. 4. Meet with the City to discuss the developed concepts, cost estimate, project schedule, and requirements for construction. 5. Survey to obtain/confirm data needed for design. 6. Complete borrow soil testing to identify soil availability and characteristics for the cell liner construction. 7. Prepare DNR Request for Construction to include: a. Groundwater Underdrain System Design b. Head Over Liner and Leachate Recirculation c. Pipe Capacity d. Pipe Strength e. Interim Storm Water Management f. Airspace Volume g. Puncture Protection h. Quality Control & Assurance Plan (QCA Plan) for New Cell Construction Settlement Analysis j. Slope Stability Analysis k. Plan Sheets (30% Design Set) The settlement analysis and slope stability analysis detailed in Items 7(i) and 7(j) above will include the work detailed below: • Consultant will analyze the interim and closure phase, global, static and seismic stability and laminar static and seismic stability for the post closure cover liner, using Geo Slope's Geostudio SlopeW (v 2021), which is a two dimensional (2D) general limit equilibrium (GLE) numeric model. Consultant will begin by analyzing the critical interim (working phase) and post closure profiles for static loading conditions and then will evaluate the seismic stability for horizontal seismic loads ranging from 0 to 1.Og which will provide the critical potential slip surface yield acceleration (Ay). Consultant will compare the Ay with the most recent (2014) United States Geological Survey (USGS) reported maximum acceleration (Amax), to determine the potential for permanent deformation of the primary and final cover liner sequences during post closure the site's post closure seismic event having a probability of exceedance of 10% over a period of 250 years per United States (US) Environmental Protection Agency (EPA). • Consultant will also use available geotechnical site data, to be provided by the City (as available), including, geotechnical tests, soil borings, and Hydrologic Evaluation of Landfill Performance (HELP) models, to compute the total post closure settlement of the primary liner along the alignment of the leachate collection system to evaluate the efficacy of the liner system and the capacity of the leachate laterals and main to carry the anticipated maximum leachate flow. If the City is unable to provide sufficient geotechnical site data for Consultant to perform the settlement analysis and slope stability analysis, Consultant shall identify to the City any additional testing, sampling, borings, and other geotechnical data necessary to perform such analyses, and City will either provide such items to - 3 - Consultant at City's expense, or Consultant's scope of services and compensation shall be adjusted to account for the extra costs and scope. • • Consultant will further develop design information on the primary liner anchor trench to provide for Flexible Membrane Liner (FML) anchor trench pull out to prevent side slope FML rupture during construction and following waste and final cover placement, and Consultant will check the maximum allowable vertical deflection (Factor of Safety— FOS) of the leachate lateral and main design given the anticipated permitted maximum height of overlying post closure waste and cover liner placement. 8. Respond to DNR questions and public notice follow up, if required. Once information has been provided and decisions made related to the list in Item 1 above, the Consultant will prepare an updated project schedule at this point with the intent to plan for the FY23 Cell to be constructed in sufficient time to allow for transition from the FY18 Cell into the FY23 Cell (estimated summer 2023). An in-person meeting will be held with the City and Consultant project team to review progress to date and decisions made. Task 2: Design and Construction Document Preparation Consultant will prepare a set of construction plans for the FY23 Cell. The documents developed will be used to obtain contractor bids and guide the construction process. The construction plans will include the following sheets: • Cover/title sheet; • Base map for landfill showing existing landfill conditions prior to construction, based on information, data, and maps to be provided by the City in AutoCAD format, including, without limitation, contours, stormwater ponds, buildings, roadways, drainage channels, groundwater wells, and landfill gas wells; • Groundwater underdrain system; • FY23 Cell liner grading plan with staking grid; • Horizontal landfill gas (LFG) collection system expansion in FY18 Cell; • Details including liner cross section, liner tie-in, leachate collection pipes, and other pertinent details for the installation of the low permeability soil, geosynthetic liner and leachate collection system in addition to providing storm water controls; and • A detailed fill sequencing plan will be developed and provided to the City with the final design. In general, this task assumes that the 30% design drawings approved by the DNR will be increased in detail to accommodate existing landfill conditions and provide sufficient horizontal and vertical control points for construction. Consultant will prepare technical specifications to further describe material and construction requirements. A complete project manual will be provided to the City as well as original copies of all signature and certification pages. The City will arrange the distribution of bidding documents. Extra project manuals will be obtained by the awarded contractor. The cost estimate for construction of conceptual FY23 Cell prepared in Task 1 will be updated prior to putting the project out for bid. Task 3: Bidding Assistance After the construction plans and specifications have been finalized, Consultant will assist the City with soliciting bids for the project. Consultant anticipates the following tasks will be required to solicit bids: -4 - 1. Coordinate and conduct a pre-bid meeting with potential contractors to answer questions regarding the project. 2. Correspond and answer contractors' questions throughout the bid period regarding the technical aspects of the project. Legal contracting questions will be referred to the City's attorney for resolution. 3. Prepare required addenda to the bid package, if necessary. 4. Review the bids received for responsiveness and qualifications. 5. Provide a recommendation to the City for contractor selection based on the responsiveness of the bids, contractor qualifications, and contract price. Consultant assumes that the City will coordinate and conduct the public bid opening and Consultant's attendance will not be required. Task 4: Quality Control & Assurance Services for Construction Consultant will provide quality control and assurance (QCA) services for the cell construction in accordance with the approved permit documents (i.e., DNR Request for Construction and QCA Plan) for the site and Iowa Administrative Code (IAC) Section 567-113.7(6). Consultant will have a technician onsite during construction activities when the contractor is onsite unless it is mutually determined by City Staff and Consultant that onsite representation is not required (contractor equipment mobilization and demobilization, for example). Expected tasks to be performed during QCA in accordance with the QCA Plan and IAC 567- 113.7(6) include the following: • Groundwater Underdrain Oversight and Testing o Construction oversight o Soil/sand sample collection • Compacted Soil Liner Oversight and Testing o Construction oversight o Soil sample collection o Nuclear moisture/density gauge testing • Geomembrane Installation Oversight and Testing o Construction oversight • Geosynthetic documentation, testing, and sample collection including the following: o Material inventory o Panel placement o Trial welds o Seam logs o Non-destructive testing o Field destructive testing o Laboratory destructive sample collection/shipping o Repair log • Leachate Collection System Oversight and Testing o Construction oversight o Drainage layer sample collection Surveying Soil and drainage layer thickness measurements are required as part of IAC 567-113.7(6). Consultant will subcontract with Shive Hattery to perform the required surveying. Consultant assumes that the surveying will be completed in no more than six trips to the site. Two trips each for subgrade, compacted soil liner and drainage layer thickness verification. Construction staking and other construction surveying services are not included in this scope of services as they are anticipated to be provided by the contractor. - 5 - Construction Contract Administration Assistance Consultant will assist the City with construction contract administration including reviewing contractor material submittals, reviewing contractor pay applications, and providing weekly project updates for the City. This task also includes a professional engineer registered in Iowa attending the pre-construction meeting and two other one-day meetings during the project. These meetings are anticipated to occur at the end of the compacted soil liner construction / beginning of geosynthetics installation and near the end of the project for close out. QCA Report Preparation A professional engineer, registered in Iowa, will prepare a final report for submittal to the DNR in accordance with IAC 567-113.7(6). A draft report will be submitted to the City for review prior to submittal to the DNR. Task 5: Project Management In order to effectively communicate and share information throughout the cell design, bid, and construction process, Consultant is proposing the following project management tasks: • Project Kick-Off Meeting (#1): Purpose of this meeting is to meet onsite and confirm the teams' understanding of the starting point for design and construction criteria. • Project Meeting #2: Purpose of this meeting is to discuss the preliminary results of the cell design concepts being evaluated under Task 1. • Project Meeting #3: Purpose of this meeting is to review the 30% design drawings and draft DNR Request for Construction. • Project Meeting #4: Purpose of this meeting is to review the 60% design drawings. • Project Meeting #5: Purpose of this meeting is to review the detailed plans and technical specifications being prepared for bid documents and construction. This will occur at 90% of design completion. • Internal Bi-Weekly to Monthly Check-Ins: These meetings will be 15 minute meetings to occur internally to address: - Current status — High-level questions — Upcoming deliverables/schedule — Challenges • External Bi-Weekly to Monthly Check-Ins: These meetings will be 15 minute meetings to occur with Staff to address: - Current status - High-level questions - Upcoming deliverables/schedule - Challenges • Project Administration: This includes miscellaneous tasks associated with project administration to observe whether the project appears to be on schedule and budget: - Overall coordination - Resource management - Updates of overall project schedule - Project deliverable management - Telephone calls - Project status reports - 6 - Document/Files to be provided by Iowa City In order for Consultant to complete its scope of services, the City shall provide the following historical documents and information: • FY18 TDA alternatives analysis memo • Pipe survey data for tie in to FY18 (Underdrain, leachate, FML, etc.) • Design Capacity Report (-2018) • Base liner grades —XML format, for previous cells and proposed future grades • Top of Waste Grades (interim for FY18 and Final) • Drone surveys from FY18 Construction o FML and Final • JB Holland Surveys o Layer Thicknesses Spreadsheet • Survey Needs o Last Airspace —July 2021 • Request for Approval to Construct FY18 including Quality Control and Assurance Program for New Cell Construction (word document) II. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the following schedule: Task Estimated Start Date Estimated End Date 1 FY23 Cell Conceptual December 15, 2021 March 31, 2022 2 Design and Construction April 1, 2022 September 30, 2022 Document Preparation 3 Bidding Assistance October 1, 2022 February 28, 2023 4 Construction Quality Assurance March 1, 2023 July 31, 2023 Services 5 Project Management December 1, 2021 July 31, 2023 III. Compensation for Services Consultant will perform its scope of services on a time and materials basis, in accordance with the rates set forth in the following Fee Schedule. The total cost of services shall not exceed $346,300. The current estimate for such services is summarized in the table below: Task Estimated Cost 1 FY23 Cell Conceptual $79,400 2 Design and Construction Document Preparation $28,000 3 Bidding Assistance $13,100 4 Quality Control & Assurance Services $188,100 5 Project Management $37,700 Total $346,300 - 7 - FEE SCHEDULE Labor Category Rate Senior Project Advisor $247 Senior Project Director $221 Project Director $205 Project Advisor $189 Senior Project Manager $173 Project Manager $158 Senior Project Professional $142 Project Professional $126 Staff Professional $116 Designer/Graphics $110 Associate Professional $100 Senior Technician $84 Technician $74 Project Administrator $89 Administrative Assistant $68 Note: Increase hourly rate by 1.5 for Saturday, Sunday, and holiday work or off-shift work when required by client. 1. Schedule labor rates include overhead and profit on labor. Costs for sub-consultants, subcontractors, job-related employee travel and subsistence, equipment, supplies, and other direct costs are billed at cost plus a 15 percent administration fee. 2. A communication fee of 1 percent of project labor will be charged for telephone, copying, postage, IT, and similar project production costs. 3. Invoices will be prepared monthly or more frequently for work in progress unless otherwise agreed. Printing Services 24-inch by 36-inch plots $25.00 each 36-inch by 48-inch plots $25.00 each Additional Report Copies (varies depending on report) $25.00 - $50.00 per report Support Vehicles Support Vehicle $0.70 per mile SCS Support Truck $40.00 per day plus $0.70 per mile SCS Support Truck with Trailer $60.00 per day plus $0.85 per mile SCS Utility Truck $60.00 per day plus $0.70 per mile Rental Vehicle Cost plus 15% Per Diem and Travel Hotel, Airfare Cost plus 15% Full-Day Meal Allowance $46.00 per day Half-Day Meal Allowance $23.00 per day Field Equipment and Supplies Track-mounted Geoprobe® $750.00 per day All Terrain Vehicle (ATV/UTV) $75.00 per day Field Sampling Trailer $350.00 per day GPS Surveying System $225.00 per day Total Station Survey Equipment $120.00 per day Misc. Survey Tools/Equipment $10.00 per day Nuclear Density Gauge $100.00 per day Photoionization Detector (PID) $100.00 per day Water Level Indicator (<300 foot) $30.00 per day - $ - Oil/Water Interface Probe $60.00 per day pH/Temperature/Conductivity Meter (for water) $20.00 per day Peristaltic Pump $40.00 per day Hand Augers (10-foot) $15.00 per day Measuring Tape/Wheel $5.00 per day Hand-held GPS Unit $25.00 per day Generator $75.00 per day Air Compressor(5 gallon) $25.00 per day Electro fusion Machine $120.00 per day Flow-Thru Multi-Parameter Meter $150.00 per day Turbidimeter $35 per day Composite Sampler $75 per day QED Pump Controller $100 per day GEM 2000 $150 per day Flow Probe (15-foot) $15 per day Digital Camera $10 per day Expendable Equipment, Supplies & Rentals Cost+ 15% - 9 - IV. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "not-to-exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. 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 - 10 - amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub-consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance 1. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of - 11 - $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non-renewal or cancellation notice. Q. Standard of Care 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. - 12 - For the City For the Consultant By: By: 171-4 Print N me: Bruce Teague Print Name: Michael J. Miller Title: Mayor Title: Vice President Date: December 14, 2021 Date: December 8, 2021 Attest: ,i 1 G &Lim Approved by/: City Attor ey's Office — 4-ekrfa e i f s Date Item Number: 5.d. D ecember 14, 2021 Resol u tion approvin g , auth orizing and d irectin g th e Mayor to execute and the City Clerk to attest an Agreemen t b y an d between th e City of Iowa City and Strand Associates, Inc. to p rovide en g ineerin g con su l tan t services for the Water Treatment Pl ant Chlorine F eeder System Upgrad e Proj ect. Prepared B y:Scott Sovers, Asst. City E ngineer Reviewed By:J on Durst, Water S uperintendent J ason Havel, City E ngineer Ron K noche, P ublic Works Director Geoff Fruin, City Manager F iscal I mpact:$67,900, available in the Chlorine Feeder S ystem Upgrade account #W 3316 Recommendations:Staff: Approval Commission: N/A Attachments:Resolution Agreement Executive S ummary: T his agreement authorizes S trand A ssociates, I nc. to provide consultant services including design development, preparation of construction documents, bid phase services and limited construction administration and inspection services for the C hlorine Feeder S ystem Upgrade P roject. The project generally includes the study of the existing conditions, presentation of design alternatives, design options for the replacement or repair of chlorine feeder and scrubber systems, the removal of ammonia feeder systems, and coordination of construction work not to impede water plant production. Background / Analysis: Chlorine disinfection is critical to the proper treatment of I owa C ity’s drinking water. T he existing gaseous chlorine feeder system is beyond its design life. T he automatic f eeders no longer function in automatic mode and have been operated manually for the past year. T he feeder equipment no longer has readily available replacement parts, the chlorine scrubber system is situated in the elements and the control panel has deteriorated beyond repair. I n addition, the ammonia feeder system is beyond repair and has not been used recently. T hese systems need repair, replacement, or removal. T he intent of this project is to replace the gaseous chlorine feeder equipment in-kind, repair and replace the necessary components of the chlorine scrubber system and remove the nonoperational ammonia feeder system components. F ocus for replacement and repair efforts will be on systems using standard parts and parts able to withstand the elements to maximize design life and reliability. AT TAC HM E NT S : Description Resolution Agreement Prepared by:Scott Savers,Asst.City Engineer,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(3191356-5142 Resolution No. 21-302 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Strand Associates, Inc. to provide engineering consultant services for the Water Treatment Plant Chlorine Feeder System Upgrade Project Whereas, the City of Iowa City desires to improve operation of the chlorination system through replacement of existing chlorine feeders and replacement of pumps, control panel, and accessories on the chlorine scrubber; and Whereas, the City would like to remove obsolete ammonia feeder and scrubber equipment; and Whereas, the City of Iowa City desires the services of a consulting firm to prepare preliminary and final design for construction of the Water Treatment Plant Chlorine Feeder System Upgrade Project; and Whereas; the City has issued a Request for Proposals for consultant services for the Water Treatment Plant Chlorine Feeder System Upgrade Project; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with Strand Associates, Inc., to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Strand Associates, Inc.; and Whereas, funds for this project are available in the Chlorine Feeder System Upgrade account # W3316. 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 14th day of December , 2021 or r- Resolution No. 21-302 Page 2 Approved by r Attest ' # as ft ity lerk City Attor %"ic (Sara Gre-nwood Hektoen - 12/06/2021) It was moved by Weiner and seconded by Bergus the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Bergus X Mims x Salih x Taylor x Teague x Thomas x Weiner Consultant Agreement This Agreement, made and entered into this 14th day of December , 2021 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Strand Associates, Inc., of Madison, Wisconsin, hereinafter referred to as the Consultant. Whereas, the City would like to improve operation of the chlorination system through replacement of existing chlorine feeders and replacement of pumps, control panel, and accessories on the chlorine scrubber, and; Whereas, the City would like to remove obsolete ammonia feeder and scrubber equipment, and; Whereas, Consultant will provide design, bidding-related, and construction-related services for the Chlorine Feeder System Upgrade project; and Whereas, the City issued a Request for Qualifications, On-Call Professional Design and Engineering Services (2020-2022), May 1, 2020, 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 Chlorine Feeder System Upgrade Project, Account No. W3316. 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. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Design Services 1. Attend kickoff meeting with City to discuss project criteria, schedule, and details to include in the project. 2. Review existing information and documentation provided by City. 3. Evaluate up to two manufacturers for in-kind replacement of chlorine feeder equipment based on existing equipment maximum feed rates, company longevity, equipment performance, ease of maintenance, availability of parts, use of standard parts, and ability to use existing tubing and piping. Prepare a listing of components that may be replaced by City staff per manufacturer recommendations. 4. Evaluate the chlorine scrubber for potential repair or replacement of the scrubber control panel and scrubber pump motors. 5. Evaluate the two existing emergency eyewash and shower stations and review potential modifications. Modifications may include City performing the work. -2- 6. Prepare 50 percent complete technical specifications, drawings, and opinion of probable construction cost (OPCC) for the following: a. In-kind replacement of the gaseous chlorine feed equipment including one-ton gaseous chlorine cylinder regulators, atmospheric chlorine concentration monitors, feeder panels, educators, and rotometers. b. Chlorine scrubber scope with the replacement of the outdoor mounted chlorine scrubber control panel and chlorine scrubber pump motors. c. Integration of the new equipment and panels into the supervisory control and data acquisition (SCADA) system. d. Removal of the obsolete and degraded ammonia feed and scrubber systems including removal of ammonia storage tank, water softener, ammonia scrubber, duct work, plugging of duct through-wall penetrations, and removal and capping of plant service water piping. e. Removal of SCADA system ammonia programmable logic controller terminations and program logic. f. Modification of the emergency eye wash and shower system. 7. Provide 50 percent complete documents to City for review. Participate in one teleconference meeting to discuss City comments. Site plan and floor plan drawings will be prepared using City-provided drawings. 8. Prepare 90 percent complete Bidding Documents of the chlorine feeder system upgrades using City-provided front end documents and submit to City for review. Participate in one teleconference meeting with City to review comments and incorporate agreed-upon changes to the draft Bidding Documents, as appropriate. 9. Prepare an OPCC for the project and submit to City at 50 and 90 percent complete design milestones. 10. Prepare Iowa Department of Natural Resources (IDNR) permit application forms and submit construction permitting forms and copies of the project design documents to the IDNR for review and approval. City shall pay review fees. 11. Prepare final Bidding Documents using City-provided front end documents, the State of Iowa's Statewide Urban Design and Specifications (SUDAS) supplemental specifications, and technical specifications and drawings not covered under the SUDAS specifications. Provide City with up to three hard copies and one electronic copy of the final stamped drawings and specifications for its use. Bidding-Related Services 1. Attend and lead one virtual prebid meeting. 2. Prepare addenda to the Bidding Documents, as appropriate, and answer questions during bidding. 3. Assist City in the award of the Construction Contract by reviewing the bids and providing a bid evaluation letter. -3- Construction-Related Services 1. Provide contract administration services including attendance at an on-site preconstruction conference, review of contractor's shop drawings submittals, review of contractor's periodic pay requests, and responding to questions from contractor and City. Consultant's review of Payment Requests from contractor(s) will not impose responsibility to determine that title to any of the work has passed to City free and clear of any liens, claims, or other encumbrances. Any such service by Consultant will be provided through an amendment to this Agreement. 2. Review requests for information from contractor and respond as appropriate. Prepare change orders as needed. 3. Assist City with part-time observation of construction. Three site visits are included and will be scheduled with City. In furnishing observation services, Consultant's efforts will be directed toward determining for City that the completed project will, in general, conform to the Contract Documents; but Consultant will not supervise, direct, or have control over the contractor's work and will not be responsible for the contractor's construction means, methods, techniques, sequences, procedures, or health and safety precautions or programs, or for the contractor's failure to perform the construction work in accordance with the Contract Documents. Consultant will endeavor to notify City and contractor of failure to perform work in accordance with the Contract Documents when present at the site. II. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Project Schedule Task Completion Kickoff Meeting Week of January 3, 2022 Equipment Evaluation February 25, 2022 50 Percent Complete Design Documents to March 18, 2022 City 50 Percent Complete Design Review Meeting March 31, 2022 90 Percent Complete Design Documents to May 27, 2022 City 90 Percent Complete Design Review Meeting June 9, 2022 IDNR Submittal June 24, 2022 Final Design Documents to City June 30, 2022 Set Public Hearing July 12, 2022 Public Hearing to Approve Bidding Documents July 26, 2022 Advertise Week of August 1, 2022 Bid Opening Week of August 15, 2022 Award Week of August 22, 2022 Contract Execution Complete Week of September 19, 2022 Preconstruction Meeting Week of September 26, 2022 Construction Complete and Closeout Week of April 24, 2023 -4- Ill. Compensation for Services Compensation shall be based on the rates and fees shown below. The total cost of services shall not exceed $67,900. The estimated fee for the Services is based on wage scale/hourly billing rates that anticipates the Services will be completed as indicated. Hourly Billing Rates" Principal Engineer $284 to $365 Senior Project Manager $196 to $292 Project Managers $109 to $217 Project Engineers and Scientists $ 90 to $138 Engineering Technicians and Draftspersons $ 48 to $157 Administrative $ 99 Average IV. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all services performed up to the time of termination. However, such sums shall not be greater than the "not-to-exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the services set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. -5- H. Meetings in addition to those provided in Section I, Scope of Services, shall be considered additional services. 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. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City, upon notification to Consultant, to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. -6- 3. Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub-consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance 1. Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non-renewal or cancellation notice. Q. Standard of Care 1. 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. -7- R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. FOR THE CITY FOR THE CONSULTANT CITY OF IOWA CITY STRAND ASSOCIATES, INC.° By: 1.-4-41t/‘-9— Teague Joseph M. Bunker Title: Mayor Title: Corporate Secretary Date: December 14 2021 Date: IZ./'/Zoll • ATTEST: ATTEST: ( —J . 9-er Approved by: City Attorney', Offipe /. Q .�-1 Item Number: 5.e. D ecember 14, 2021 Resol u tion accep tin g th e work for the 2021 City of Iowa City Parking G arag es Main ten ance an d Rep air Project. Prepared B y:J oe Welter, S r. Civil E ngineer Reviewed By:J ason Havel, City E ngineer Ron K noche, P ublic Works Director Geoff Fruin, City Manager F iscal I mpact:None Recommendations:Staff: Approval Commission: N/A Attachments:Engineer's Report Resolution Executive S ummary: Construction of the 2021 C ity of I owa C ity Parking G arages Maintenance and R epair P roject has been completed by Western S pecialty C ontractors of West Des Moines, I owa, in substantial accordance with the P roject Manual developed by S hive-Hattery, I nc. of I owa City, I owa. The Engineer’s R eport and P erformance, Payment, and Maintenance B onds are on f ile with the City Clerk. Project Estimated Cost: $108,000.00 Project Bid Received: $129,064.00 Project A ctual Cost: $135,873.00 Background / Analysis: T his project included annual maintenance and repairs at the Capitol S treet and D ubuque S treet Ramps. Maintenance and repair activities included: concrete demolition; epoxy filler with membrane; expansion joint nosing repairs; horizontal, overhead, stem, and vertical spall repairs; joint sealant with membrane; loose concrete removal; new membrane; and weld tie repairs. AT TAC HM E NT S : Description Engineer's Report Resolution 5, ed Prepared by: Joe Welter,Engineering Division, Public Works,410 East Washington Street, Iowa City,Iowa 52240(319)356-5144 Resolution No. 21-303 Resolution accepting the work for the 2021 City of Iowa City Parking Garages Maintenance and Repair Project Whereas, the Engineering Division has recommended that the work for construction of the 2021 City of Iowa City Parking Garages Maintenance and Repair Project, as included in a contract between the City of Iowa City and Western Waterproofing Co., Inc. dba Western Specialty Contractors, dated July 21, 2021, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Parking Facility Restoration Repair, Account Number T3004; and Whereas, the final contract price is $135,873.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 14th day of December , 2021 SefrA . M Approved by Attest: cLe CA, City lerk City Attome ' Office (Sara Greenwood Hektoen— 12/06/2021) It was moved by Weiner and seconded by Bergus the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Bergus X Mims x Salih X Taylor x Teague x Thomas x Weiner Item Number: 5.f. D ecember 14, 2021 Resol u tion accep tin g th e work for the Beer Creek Storm Sewer Rep air Proj ect. Prepared B y:Ben Clark, Sr. Civil Engineer Reviewed By:J ason Havel, City E ngineer Ron K noche, P ublic Works Director Geoff Fruin, City Manager F iscal I mpact:None Recommendations:Staff: Approval Commission: N/A Attachments:Engineer's Report Resolution Executive S ummary: T he B eer Creek S torm Sewer Repair P roject has been completed by All A merican Concrete, I nc., of West L iberty, I owa, in substantial accordance with the plans and specif ications prepared by the City of I owa C ity. T he Engineer’s Report and P erf ormance and P ayment bonds are on file with the City Engineer. Project Estimated Cost: $ 44,000.00 Project Bid Received: $ 68,203.00 Project A ctual Cost: $ 102,932.00 T here were four (4) change orders on this project, which included replacing 36” reinforced concrete pipe with a cast-in-place box culvert, separating and connecting unforeseen sanitary sewer services to the sanitary collection system, and installing additional adjustment rings and seals on an existing sanitary sewer manhole Background / Analysis: AT TAC HM E NT S : Description Engineer's Report Resolution 5.� Prepared by:Ben Clark,Engineering Division,Public Works,410 E.Washington St., Iowa City,IA 52240(319)356-5436 Resolution No. 21-304 Resolution accepting the work for the Beer Creek Storm Sewer Repair Project. Whereas, the Engineering Division has recommended that the work for construction of the Beer Creek Storm Sewer Repair Project, as included in a contract between the City of Iowa City and All American Concrete, Inc., of West Liberty, Iowa, dated June 16th, 2021, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Annual Storm Sewer Improvements account# M3631; and Whereas, the final contract price is $102,932.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 14th day of December , 2021 EtA,A.A____ Approved by n • Attest: \ ( l PL(f u / L .' City Clerk City Attome ' Office CCU (Sara Greenwood Hektoen— 12/08/2021) It was moved by Weiner and seconded by Bergus the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Bergus x Mims X Salih X Taylor X Teague X Thomas X Weiner Item Number: 5.g. D ecember 14, 2021 Resol u tion accep tin g th e work for the Lower Muscatin e Area Storm Sewer Improvements Project. Prepared B y:Ben Clark, Sr. Civil Engineer Reviewed By:J ason Havel, City E ngineer F iscal I mpact:None Recommendations:Staff: Approval Commission: N/A Attachments:Engineer's Report Resolution Executive S ummary: T he L ower Muscatine A rea Storm Sewer I mprovements Project was completed by Metro Pavers, I nc. of I owa C ity, I owa in substantial accordance with the plans and specif ications prepared by Bolton & Menk, I nc. of C edar R apids, I owa. T he E ngineer ’s R eport and Perf ormance and Payment bonds are on file with the City Clerk. Project Estimated Cost: $1,210,000.00 Project Bid Received: $763,197.95 Project A ctual Cost: $850,781.47 T here were thirteen (13) change orders on this project, which included work related to additional street pavement, storm sewer revisions, water main relocations, sanitary sewer manhole replacements, additional driveway pavement, curb ramp revisions and other associated work. Background / Analysis: Most streets in the neighborhood around L ower Muscatine Road have minimal storm sewer/intakes. D uring heavier rain events, storm water running down side streets can create flooding issues on L ower Muscatine R oad and Sycamore S treet. T his project aims to improve drainage by collecting and conveying storm water from the side streets prior to it collecting on L ower Muscatine Road and S ycamore S treet. Specifically, this project will install storm sewer on Def orest and Ginter Avenues. Deforest Avenue f rom S ycamore to F ranklin S treets will be reconstructed in accordance with the recommendations of the City’s Pavement Management Plan. AT TAC HM E NT S : Description Engineer's Report Resolution S.q Prepared by: Ben Clark, Engineering Division,Public Works,410 E.Washington St.,Iowa City,IA 52240(319)356-5436 Resolution No. 21-305 Resolution accepting the work for the Lower Muscatine Area Storm Sewer Improvements Project. Whereas, the Engineering Division has recommended that the work for construction of the Lower Muscatine Area Storm Sewer Improvements Project, as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa, dated May 21, 2020, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Lower Muscatine Area Storm Sewer Improvements account#M3632 and the Annual Pavement Rehabilitation account#S3824; and Whereas, the final contract price is $850,781.47. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 14th day of December , 2021 � C Maya I) Approved by Attest: !) r Y . I _ _ _ City lerk City Attorn y's Office (Sara Greenwood Hektoen— 12/08/2021) It was moved by Weiner and seconded by Bergus the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Bergus X Mims X Salih X Taylor x Teague X Thomas x Weiner Item Number: 5.h. D ecember 14, 2021 Resol u tion accep tin g th e work for the Sl u d g e Storag e Tank Mason ry Rep air Proj ect. Prepared B y:Ben Clark, Sr. Civil Engineer Reviewed By:J ason Havel, City E ngineer Ron K noche, P ublic Works Director Geoff Fruin, City Manager F iscal I mpact:None Recommendations:Staff: Approval Commission: N/A Attachments:Engineer's Report Resolution Executive S ummary: T he S ludge Storage Tank Masonry R epair Project has been completed by T nT Tuckpointing & Building R estoration, L L C, of S tockton, I owa, in substantial accordance with the plans and specifications prepared by Stanley Consultants, I nc. of Muscatine, I owa. The E ngineer ’s Report and Performance and Payment bonds are on file with the City Clerk. Project Estimated Cost: $165,000.00 Project Bid Received: $159,800.00 Project A ctual Cost: $171,585.00 T here were four (4) change orders on this project, which included rotating the tank lid to allow easier and safer access for staff, additional tuckpointing on the sludge processing building, replacing the skylight on the tank lid and an additional mobilization charge to allow for additional maintenance performed by staff while the tank lid was removed. Background / Analysis: T he sludge storage tank is a reinforced concrete tank with a masonry f acing and aluminum dome cover that was built during the original south plant construction in 1989. A section of the masonry facing recently f ailed with a section of the bricks falling to the ground. T he masonry f acing has suffered from moisture issues, possibly due to the way the original dome cover and flashing system was installed. T he project involved masonry repairs and dome cover sealing and flashing systems. AT TAC HM E NT S : Description Engineer's Report Resolution Prepared by:Ben Clark,Engineering Division,Public Works,410 E.Washington St.,Iowa City, IA 52240(319)356-5436 Resolution No. 21-306 Resolution accepting the work for the Sludge Storage Tank Masonry Repair Project. Whereas, the Engineering Division has recommended that the work for construction of the Sludge Storage Tank Masonry Repair Project, as included in a contract between the City of Iowa City and TnT Tuckpointing & Building Restoration, LLC, of Stockton, Iowa, dated December 21, 2020, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in Wastewater account#72720122; and Whereas, the final contract price is $171,585.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 14th day of December , 2021 1n, Approved by Attest: f Lip , I A C 1!1\ City Clerk City Attorn s Office (Sara Greenwood Hektoen— 12/08/2021) It was moved by Weiner and seconded by Bergus the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Bergus X Mims x Salih X Taylor X Teague x Thomas X Weiner Item Number: 5.i. D ecember 14, 2021 Resol u tion awardin g con tract and auth orizing the Mayor to sig n an d th e City Cl erk to attest a con tract for con struction of the In fluen t Rake an d Screen Replacemen t Proj ect. Prepared B y:Ben Clark, Sr. Civil Engineer Reviewed By:J ason Havel, City E ngineer Ron K noche, P ublic Works Director Geoff Fruin, City Manager F iscal I mpact:$1,633,000 available in the I nfluent Rake and S creen Replacement account # V3153 Recommendations:Staff: Approval Commission: N/A Attachments:Resolution Executive S ummary: T his agenda item awards the construction contract for the I nf luent Rake and S creen Replacement Project. Four (4) bids were submitted prior to the December 7, 2021 deadline: Bidder Name City B id Amount Woodruff Construction, L L C Tiffin, I owa $1,633,000 Tricon General Construction, I nc. Cedar Rapids, I owa $1,688,000 W R H, I nc. A mana, I owa $1,736,800 Portzen Construction, I nc. Dubuque, I owa $2,266,625 Engineers Estimate $1,800,000 Staff recommends awarding the contract to Woodruff Construction, L L C, of Tiffin, I owa. Background / Analysis: T he inf luent pump station at the wastewater treatment f acility has two rake and screen assemblies that catch large debris at the head of the treatment process. They have been in continual operation since being installed in the late 1990’s and are nearing the end of their useful life. T his equipment prevents blockages and excessive wear on downstream pumps and grinders, and is critical for the operation of the treatment facility. One of the assemblies failed catastrophically in the fall of 2017 and again in 2018. Although it was repaired to be operational, staf f is not confident in how long the repairs will last given the age of the equipment. Maintenance on both assemblies has been increased with the anticipation that either could fail again. F uture repair costs are unknown but expected to be greater than previous repairs T his project will replace both existing rake and screen assemblies, which are necessary to maintain the viability of the screening function and decrease annual maintenance costs. Operational ef f iciency improvements include adding washing presses and a conveyance system to a new screenings storage building addition; replacing influent channel slide plates with slide gates; and adding a new dewatering station and associated pavement f or septic haulers that transport high grit (car wash) loads. AT TAC HM E NT S : Description Resolution 5 ' , I Prepared by:Ben Clark,Engineering Division,410 E.Washington St.,Iowa City,IA 52240(319)356-5436 Resolution No. 21-307 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Influent Rake and Screen Replacement Project Whereas, Woodruff Construction, LLC of Tiffin, Iowa, has submitted the lowest responsible bid of $1,633,000 for construction of the above-named project; and Whereas, funds for this project are available in the Influent Rake and Screen Replacement account#V3153; and Whereas, the City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above- named project. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The contract for the construction of the above-named project is hereby awarded to Woodruff Construction, LLC, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 14th day of lerember ,, 2021 M ApproHer. cm Attest : t P I ` l P ,t_kjok City Clerk r City Attor ey's Office (Sara Greenwood Hektoen— 12/08/2021) It was moved by Weiner and seconded by Bergus the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Berg us x Mims X Salih x Taylor x Teague X Thomas x Weiner Item Number: 5.j. D ecember 14, 2021 Resol u tion auth orizing the Mayor to sig n an d th e City Clerk to attest a release of l ien reg ardin g a mortgag e for th e p roperty l ocated at 60 Amb er Lane. Prepared B y:Susan Dulek, A ss't. City A ttorney Reviewed By:Geoff Fruin, City Manager Tracy Hightshoe, Director ND S F iscal I mpact:none Recommendations:Staff: Approval Commission: None. Attachments:resolution release of lien Executive S ummary: As part of the City's rehab loan program, the City granted the owner 2 loans. B ecause the property is in a targeted neighborhood, one loan is forgiven by 20% each year. T he owner has a purchase agreement to sell the property and is requesting the City f orgive the remaining balance of $5,509.60 on the forgivable loan. The other loan will be repaid in full. Background / Analysis: AT TAC HM E NT S : Description resolution release of lien -S•J Prepared by: Susan Dulek,Ass't. City Attorney,410 E.Washington St., Iowa City, IA 52240-319-356-5030 Resolution No. 21-308 Resolution authorizing the Mayor to sign and the City Clerk to attest a release of lien regarding a mortgage for the property located at 60 Amber Lane. Whereas, the City granted two loans to the owner of 60 Amber Lane, Iowa City, Iowa as part of the City's Housing Rehabilitation Program; and Whereas, because the property is in a targeted neighborhood, the owner qualified to have one loan forgiven by twenty percent (20%) each year; and Whereas, there is a balance of$5,509.60 remaining on the $13,782 forgivable loan; and Whereas, the owner has entered into a purchase agreement to sell the property; and Whereas, staff recommends that the remaining balance be forgiven and the mortgage released; and Whereas, the other loan will be repaid in full. Now, therefore, be it resolved by the City Council of the City of the Iowa City, Iowa: The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien and the remaining balance on the forgivable loan is forgiven. Passed and approved this 14th day of December r , 2021. Ma4Ts l Approved by.� Attest ' - • Ci Clerk City Atto ey's Office (Sue Dulek- 12/09/2021) Resolution No. 21-308 Page 2 It was moved by Weiner and seconded by Bergus the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bergus X Mims X Salih X Taylor X Teague x Thomas X Weiner Prepared by and return to:Liz Osborne,Housing Rehab Division,410 E.Washington St,Iowa City,IA 52240(319)356-5246 Legal Description of Property:see below Mortgagor(s):Richard F.Mitvalsky,as conservator for Karran D.Weathersby Mortgagee:City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 60 Amber Lane, Iowa City, Iowa, and legally described as follows: Lot 54 Lakeside Addition to Iowa City, Iowa, according to the recorded plat thereof. from an obligation, Richard F. Mitvalsky, as conservator for Karran D. Weathersby, to the City of Iowa City represented by a Mortgage, recorded April 10, 2018, Book 5772, Page 907 through Page 912 of the Johnson County Recorder's Office. The property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. I M ATTEST: 1 _ - cla .2_1 CITY LERK STATE OF IOWA JOHNSONCOUNTY ` On this I q k h day of 14X3 r , 2021, before me, a Notary Public in and for the State of Iowa, personally appeared Bruce Teague and Kellie K. Fruehling, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to this instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its city council, and that Bruce Teague and Kellie K. Fruehling acknowledged execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. tiv9•1 ,, CHRISTINE OLNEY Notary Public in and for the te.of Iowa i 17? Commission Number 806232 My commission expires: 9 5/3 S xi My Commission Expires Item Number: 5.k. D ecember 14, 2021 R es olution autho rizing the C ity Manager to o p t the C ity of Io wa C ity into the National O pioids S ettlements . Prepared B y:Eric R. Goers, City A ttorney Reviewed By:Geoff Fruin, City Manager F iscal I mpact:No impact. Recommendations:Staff: Approval Commission: N/A Attachments:Resolution I owa State MO U Participation Agreement J anssen Participation Agreement Distributors Executive S ummary: T his resolution of f ers authority to the C ity Manager to opt the City in to two national class action settlement agreements related to the opioid crisis. Quite recently the State of I owa, a participant in the settlements, completed negotiations with the counties and cities regarding the allocation of settlement f unds. T hat agreement is contained in a Memorandum of Understanding. T he funds are to be paid out over the course of nine years (the manufacturer) and eighteen years (the distributors), totaling $26 billion. $22.7 billion of those funds are for participating states and subdivisions. I n order to take part and receive any portion of these f unds, the C ity must opt in to the class and settlement agreements. The deadline for doing so is J anuary 2, 2022. Background / Analysis: Delegating authority to the City Manager to negotiate sub-allocation with J ohnson C ounty, and to manage the expenditure of S ettlement F unds on the approved remediation uses, will maintain needed flexibility in the expenditure of funds that will be received over the course of 18 years. AT TAC HM E NT S : Description Resolution Participation Agreement J anssen Participation Agreement Distributors I owa State MO U 5, K Prepared by: Eric R. Goers, City Attorney, 410 E. Washington St., Iowa City, IA 52240,(319)356-5030 Resolution No. 21-309 Resolution authorizing the City Manager to opt the City of Iowa City into the National Opioids Settlements. Whereas, after years of negotiations, two proposed nationwide settlement agreements have been reached that would resolve all opioid litigation brought by states and local political subdivisions against three distributors, one manufacturer, and the manufacturer's parent company; and Whereas, the settlement requires the defendants to pay up to $26 billion over the course of 18 years to remediate and abate the impacts of the opioid crisis; and Whereas, the agreements require each state to decide whether it wishes to participate in the settlement; Iowa decided to do so; and Whereas, the more political subdivisions that participate in the settlements, the greater the amount of funds that flow to that state and the participating subdivisions; and Whereas, any subdivision that does not participate in the settlements will not have share in the settlement funds; and Whereas, the State of Iowa just released a Memorandum of Understanding articulating the terms of division of settlement funds between the State and the local subdivisions, as well as approved opioid remediation uses; and Whereas, the settlement agreements appear to distribute the settlement funds directly to participating counties, with the possibility of sub-allocation from the counties to participating cities; and Whereas, because of the late-breaking Memorandum of Understanding, the possible need to negotiate allocations with Johnson County, and because of the need to maintain flexibility in managing the expenditure of settlement funds on approved remediation uses, delegation of authority to the City Manager, with the advice and consent of the City Attorney, is warranted; and Whereas, pursuing separate litigation by the City against the opioid defendants would be expensive, time-consuming, and risky; and Whereas, the deadline for opting into the settlement agreements is January 2, 2022; and Whereas, it is thus in the best interests of the City to accept the class action settlement agreements releasing the City's claims, and to delegate authority for the execution and management of said agreements to the City Manager. Resolution No. 21-309 Page 2 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that; 1. The City Manager, with the advice and consent of the City Attorney, is hereby authorized to execute the attached Settlement Agreements and State Memorandum of Understanding. 2. The City Manager is authorized to negotiate and execute an agreement for the sub-allocation of settlement funds from Johnson County to the City of Iowa City, and to manage the expenditure of settlement funds on approved opioid remediation uses. Passed and approved this 14th day of December , 2021. ctg\A Approved Attest: A k,._P 1 ) LLLej--e- City lerk City Attomey' Office (Jennifer Schwickerath— 12/09/2021) It was moved by Weiner and seconded by Bergus the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Bergus x Mims X Salih X Taylor X Teague x Thomas X Weiner Subdivision Janssen Settlement Participation Form Governmental Entity:City of Iowa City State: Iowa Authorized Official: Geoff Frain, City Manager Address 1: 410 E. Washington Street Address 2: City, State,Zip:Iowa City, IA 52240 Phone: 319-356-5013 Email: geoff-fruin(cr�,iowa-city.org The governmental entity identified above("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21,2021 ("Janssen Settlement"), and acting through the undersigned authorized official,hereby elects to participate in the Janssen Settlement,release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Janssen Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election,the Governmental Entity elects to participate in the Janssen Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity's election to participate is specifically conditioned on the Iowa Opioid Allocation Memorandum of Understanding("MOU")becoming effective by that MOU being executed both by the State, Litigating Local Governments comprising 95%of the total Litigating Local Government population and Local Governments comprising 80% of the total population of eligible Primary Subdivisions as defined and described in in the Settlement Agreements with a population over 30,000. Should the Iowa Allocation Memorandum of Understanding fail to become effective,this Election and Release shall be deemed void and no claims shall be released. 3. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment,dismiss with prejudice any Released Claims that it has filed. 4. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to Subdivisions as defined therein. 5. By agreeing to the terms of the Janssen Settlement and becoming a Releasor,the Governmental Entity is entitled to the benefits provided therein,including, if applicable, monetary payments beginning after the Effective Date. 6. The Governmental Entity agrees to use any monies it receives through the Janssen Settlement solely for the purposes provided therein. 7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in,the Janssen Settlement. 8. The Governmental Entity has the right to enforce the Janssen Settlement as provided therein. 9 The Governmental Entity, as a Participating Subdivision,hereby becomes a Releasor for all purposes in the Janssen Settlement, including but not limited to all provisions of Section IV(Release), and along with all departments, agencies, divisions,boards, commissions,districts,instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor,provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely,unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims.The Janssen Settlement shall be a complete bar to any Released Claim. 10. In connection with the releases provided for in the Janssen Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code,which reads: General Release; extent.A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows,believes, or assumes to be true with respect to the Released Claims,but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which,if known,would materially affect the Governmental Entities' decision to participate in the Janssen Settlement. 11. Nothing herein is intended to modify in any way the terms of the Janssen Settlement,to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement controls. I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. a..#94---- Name: //G5 � _ . Signature: //�-,�//l//�'l4/` Name: n6to-P-0 ricin Title: 017 i lun^ice' Date: I Z /f /toz r Subdivision Distributor Settlement Participation Form Governmental Entity: City of Iowa City State: Iowa Authorized Official: Geoff Fruin,City Manager Address 1: 410 E.Washington Street Address 2: City, State,Zip: Iowa City,IA 52240 Phone: 319-356-5013 Email: geoff-fruin@iowa-city.org The governmental entity identified above("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21,2021 ("Distributor Settlement"), and acting through the undersigned authorized official,hereby elects to participate in the Distributor Settlement,release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Distributor Settlement, understands that all terms in this Participation Form have the meanings defined therein, and agrees that by signing this Participation Form,the Governmental Entity elects to participate in the Distributor Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity's election to participate is specifically conditioned on the Iowa Opioid Allocation Memorandum of Understanding("MOU")becoming effective by that MOU being executed both by the State, Litigating Local Governments comprising 95% of the total Litigating Local Government population and Local Governments comprising 80% of the total population of eligible Primary Subdivisions as defined and described in in the Settlement Agreements with a population over 30,000. Should the Iowa Allocation Memorandum of Understanding fail to become effective,this Election and Release shall be deemed void and no claims shall be released 3. The Governmental Entity shall,within 14 days of the Reference Date and prior to the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that is has filed. 4. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to Subdivisions as defined therein. 5. By agreeing to the terms of the Distributor Settlement and becoming a Releasor,the Governmental Entity is entitled to the benefits provided therein,including,if applicable, monetary payments beginning after the Effective Date. 6. The Governmental Entity agrees to use any monies it receives through the Distributor Settlement solely for the purposes provided therein. 7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to the court's role as provided in, and for resolving disputes to the extent provided in,the Distributor Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in,the Distributor Settlement. 8. The Governmental Entity has the right to enforce the Distributor Settlement as provided therein. 9. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Distributor Settlement, including,but not limited to, all provisions of Part XI, and along with all departments, agencies, divisions,boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency,person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor,provides for a release to the fullest extent of its authority. As a Releasor,the Governmental Entity hereby absolutely,unconditionally, and irrevocably covenants not to bring,file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Distributor Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Distributor Settlement shall be a complete bar to any Released Claim. 10. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Distributor Settlement. 11. In connection with the releases provided for in the Distributor Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions,rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law,which is similar, comparable,or equivalent to § 1542 of the California Civil Code,which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows,believes, or assumes to be true with respect to the Released Claims,but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight,error, negligence or through no fault whatsoever, and which, if known,would materially affect the Governmental Entities' decision to participate in the Distributor Settlement. 12. Nothing herein is intended to modify in any way the terms of the Distributor Settlement, to which Governmental Entity hereby agrees. To the extent this Participation Form is interpreted differently from the Distributor Settlement in any respect,the Distributor Settlement controls. I have all necessary power and authorization to execute this Participation Form on behalf of the Governmental Entity. Signature: At, Name: �7Gie. 'Y�tr7 Title: 24 "A 0- Date: itilS/ZoTt Date: Henry County Printed: Date: Howard County Printed: Date: Humboldt County Printed: Date: Ida County Printed: Date: Indianola City Printed: Date: /Z//5 not Iowa City"/7 pp� , t� Printed: Oj 4 !'ran , n_i ycr Date: Iowa County Printed: Date: Jackson County Printed: Date: Jasper County Printed: Page 114 Exhibit 1 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-1 EXHIBIT E List of Opioid Remediation Uses Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (“Core Strategies”).14 A. NALOXONE OR OTHER FDA-APPROVED DRUG TO REVERSE OPIOID OVERDOSES 1. Expand training for first responders, schools, community support groups and families; and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. MEDICATION-ASSISTED TREATMENT (“MAT”) DISTRIBUTION AND OTHER OPIOID-RELATED TREATMENT 1. Increase distribution of MAT to individuals who are uninsured or whose insurance does not cover the needed service; 2. Provide education to school-based and youth-focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services. 14 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-2 C. PREGNANT & POSTPARTUM WOMEN 1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for women with co- occurring Opioid Use Disorder (“OUD”) and other Substance Use Disorder (“SUD”)/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job placement/training, and childcare. D. EXPANDING TREATMENT FOR NEONATAL ABSTINENCE SYNDROME (“NAS”) 1. Expand comprehensive evidence-based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant- need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. E. EXPANSION OF WARM HAND-OFF PROGRAMS AND RECOVERY SERVICES 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions; 4. Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-3 F. TREATMENT FOR INCARCERATED POPULATION 1. Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. PREVENTION PROGRAMS 1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco); 2. Funding for evidence-based prevention programs in schools; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding and training for first responders to participate in pre-arrest diversion programs, post-overdose response teams, or similar strategies that connect at-risk individuals to behavioral health services and supports. H. EXPANDING SYRINGE SERVICE PROGRAMS 1. Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD treatment, access to sterile syringes and linkage to care and treatment of infectious diseases. I. EVIDENCE-BASED DATA COLLECTION AND RESEARCH ANALYZING THE EFFECTIVENESS OF THE ABATEMENT STRATEGIES WITHIN THE STATE DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-4 Schedule B Approved Uses Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, those that:15 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (“MAT”) approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co- occurring SUD/MH conditions. 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence- based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions. 15 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-5 8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 13. Disseminate of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based training curriculum and motivational interviewing. 14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication– Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-6 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-7 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-8 14. Support assistance programs for health care providers with OUD. 15. Engage non-profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: 1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: 1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”); 2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model; 3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; 4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model; 5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise. 2. Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions. DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-9 4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: 1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women—or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co- occurring SUD/MH conditions. 4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families. DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-10 5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care. 6. Provide child and family supports for parenting women with OUD and any co- occurring SUD/MH conditions. 7. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events. 9. Offer home-based wrap-around services to persons with OUD and any co- occurring SUD/MH conditions, including, but not limited to, parent skills training. 10. Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that: DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-11 1. Increase the number of prescribers using PDMPs; 2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increasing electronic prescribing to prevent diversion or forgery. 8. Educating dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Funding media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take-back disposal or destruction programs. 5. Funding community anti-drug coalitions that engage in drug prevention efforts. 6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”). 7. Engaging non-profits and faith-based communities as systems to support prevention. DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-12 8. Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others. 9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities providing free naloxone to anyone in the community. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-13 7. Public education relating to immunity and Good Samaritan laws. 8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions. 13. Supporting screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in section C, D and H relating to first responders, support the following: 1. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-14 intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-15 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. Exhibit 2 - Direct Distribution Percentages 99 66 100% Local Government County Litigating Entity % of LG bucket Adair County Adair Yes 0.256% Adams County Adams Yes 0.112% Allamakee County Allamakee Yes 0.446% Appanoose County Appanoose Yes 0.532% Audubon County Audubon Yes 0.121% Benton County Benton Yes 0.519% Black Hawk County Black Hawk Yes 3.342% Boone County Boone 0.823% Bremer County Bremer Yes 0.731% Buchanan County Buchanan Yes 0.377% Buena Vista County Buena Vista Yes 0.327% Butler County Butler 0.271% Calhoun County Calhoun Yes 0.189% Carroll County Carroll Yes 0.603% Cass County Cass 0.336% Cedar County Cedar Yes 0.366% Cerro Gordo County Cerro Gordo Yes 1.630% Cherokee County Cherokee Yes 0.238% Chickasaw County Chickasaw Yes 0.243% Clarke County Clarke 0.305% Clay County Clay Yes 0.296% Clayton County Clayton Yes 0.457% Clinton County Clinton Yes 1.459% Crawford County Crawford 0.331% Dallas County Dallas Yes 1.478% Davis County Davis 0.154% Decatur County Decatur 0.253% Delaware County Delaware Yes 0.302% Des Moines County Des Moines Yes 1.568% Dickinson County Dickinson 0.332% Dubuque County Dubuque 2.745% Emmet County Emmet Yes 0.175% Fayette County Fayette Yes 0.528% Floyd County Floyd 0.329% Franklin County Franklin 0.211% Fremont County Fremont Yes 0.205% Greene County Greene 0.358% Grundy County Grundy 0.323% Guthrie County Guthrie 0.231% Hamilton County Hamilton Yes 0.350% Hancock County Hancock Yes 0.190% Hardin County Hardin Yes 0.449% Harrison County Harrison Yes 0.618% Henry County Henry Yes 0.445% Howard County Howard Yes 0.171% Humboldt County Humboldt Yes 0.193% Ida County Ida Yes 0.168% Iowa County Iowa 0.266% Jackson County Jackson 0.549% Jasper County Jasper Yes 1.678% Jefferson County Jefferson 0.573% Johnson County Johnson Yes 3.822% Jones County Jones Yes 0.388% Keokuk County Keokuk Yes 0.198% Kossuth County Kossuth 0.348% Lee County Lee Yes 1.459% Linn County Linn 7.329% Louisa County Louisa 0.336% Lucas County Lucas 0.330% Lyon County Lyon Yes 0.162% Madison County Madison Yes 0.403% Mahaska County Mahaska Yes 0.716% Marion County Marion Yes 1.179% Marshall County Marshall 1.036% Mills County Mills Yes 0.495% Mitchell County Mitchell Yes 0.190% Monona County Monona 0.446% Monroe County Monroe Yes 0.216% Montgomery County Montgomery Yes 0.531% Muscatine County Muscatine Yes 1.061% O Brien County O Brien Yes 0.235% Osceola County Osceola Yes 0.145% Page County Page 0.582% Palo Alto County Palo Alto 0.167% Plymouth County Plymouth Yes 0.445% Pocahontas County Pocahontas Yes 0.117% Polk County Polk Yes 22.811% Pottawattamie County Pottawattamie Yes 3.615% Poweshiek County Poweshiek Yes 0.475% Ringgold County Ringgold 0.120% Sac County Sac Yes 0.220% Scott County Scott Yes 8.861% Shelby County Shelby Yes 0.286% Sioux County Sioux Yes 0.410% Story County Story 2.166% Tama County Tama Yes 0.345% Taylor County Taylor Yes 0.178% Union County Union Yes 0.463% Van Buren County Van Buren 0.153% Wapello County Wapello 1.003% Warren County Warren 1.332% Washington County Washington 0.554% Wayne County Wayne 0.244% Webster County Webster Yes 1.596% Winnebago County Winnebago Yes 0.234% Winneshiek County Winneshiek Yes 0.367% Woodbury County Woodbury 2.566% Worth County Worth Yes 0.235% Wright County Wright Yes 0.281% Exhibit 3 SubdivisionꢀPopulationꢀ PercentageꢀofꢀLitigatingꢀSubdivisionꢀ Populationꢀ Adair 7,152ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.329% Adamsꢀ3,602ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.166% Allamakee 13,687ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.630% Appanoose 12,426ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.572% Audubonꢀ5,496ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.253% Benton 25,645ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.181% BlackꢀHawk 131,228ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ6.041% Bremer 25,062ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.154% Buchanan 21,175ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.975% BuenaꢀVista 19,620ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.903% Calhoun 9,668ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.445% Carroll 20,165ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.928% Cedar 18,627ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.857% CerroꢀGordo 42,450ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.954% Cherokee 11,235ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.517% Chickasaw 11,933ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.549% Clay 16,016ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.737% Clayton 17,549ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.808% Clinton 46,429ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ2.137% Dallas 93,453ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ4.302% Delaware 17,011ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.783% DesꢀMoines 38,967ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.794% Emmett 9,208ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.424% Fayette 19,650ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.905% Fremont 6,960ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.320% Hamilton 14,773ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.680% Hancock 10,630ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.489% Hardin 16,846ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.775% Harrison 14,049ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.647% Henry 19,954ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.919% Howard 9,158ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.422% Humboldt 9,558ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.440% Ida 6,860ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.316% Jasper 37,185ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.712% Johnson 151,140ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ6.957% Jones 20,681ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.952% Keokuk 10,246ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.472% Lee 33,657ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.549% Lyon 11,755ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.541% Madison 16,338ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.752% Mahaska 22,095ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.017% Marion 33,253ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.531% LitigatingꢀSubdivisionsꢀ Mills 15,109ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.696% Mitchell 10,586ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.487% Monroe 7,707ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.355% Montgomery 9,917ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.457% Muscatine 42,664ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.964% O'Brien 13,753ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.633% Osceola 5,958ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.274% Plymouth 25,177ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.159% Pocahontas 6,619ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.305% Polk 490,161ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ22.564% Pottawattamie 93,206ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ4.291% Powesheik 18,504ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.852% Sac 9,721ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.447% Scott 172,943ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ7.961% Shelby 11,454ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.527% Sioux 34,855ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.604% Tama 16,854ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.776% Taylor 6,121ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.282% Union 12,241ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.563% Webster 35,904ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.653% Winnebago 10,354ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.477% Winneshiek 19,991ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.920% Worth 7,381ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.340% Wright 12,562ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ0.578% TOTAL 2,172,334ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ100% 95%ꢀofꢀTotal 2,063,717.30ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ95% SubdivisionꢀPopulationꢀ PercentageꢀofꢀPrimaryꢀSubdivisionꢀ Overꢀ30,000ꢀPopulationꢀ AmesꢀCity 66,258ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ2.02% AnkenyꢀCity 67,355ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ2.05% BettendorfꢀCity 36,543ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.11% BlackꢀHawk 131,228ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ3.99% CedarꢀFallsꢀCity 40,536ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.23% CedarꢀRapidsꢀCity 133,562ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ4.07% CerroꢀGordo 42,450ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.29% Clinton 46,429ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.41% CouncilꢀBluffsꢀCity 62,166ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.89% Dallas 93,453ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ2.84% DavenportꢀCity 101,590ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ3.09% DesꢀMoines 214,237ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ6.52% DesꢀMoinesꢀCity 38,967ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.19% DubuqueꢀCity 57,882ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.76% DubuqueꢀCounty 97,311ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ2.96% IowaꢀCity 75,130ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ2.29% PrimaryꢀSubdivisionsꢀOverꢀ30,000ꢀPopulation Jasper 37,185ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.13% Johnson 151,140ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ4.60% Lee 33,657ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.02% LinnꢀCounty 226,706ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ6.90% Marion 40,359ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.23% MarionꢀCity 33,253ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.01% MarshallꢀCounty 39,369ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.20% Muscatine 42,664ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.30% Polk 490,161ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ14.92% Pottawattamie 93,206ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ2.84% Scott 172,943ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ5.26% Sioux 82,651ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ2.52% SiouxꢀCity 34,855ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.06% StoryꢀCounty 97,117ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ2.96% UrbandaleꢀCity 44,379ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.35% WapelloꢀCounty 34,969ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.06% WarrenꢀCounty 51,466ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.57% WaterlooꢀCity 67,328ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ2.05% Webster 35,904ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ1.09% WestꢀDesꢀMoinesꢀCity 67,899ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ2.07% WoodburyꢀCounty 103,107ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ3.14% TOTAL 3,285,415ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ100% 80%ꢀofꢀTotalꢀ2,628,332ꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀꢀ80% Item Number: 6.a. D ecember 14, 2021 Resol u tion settin g a public hearin g on January 4, 2022 on th e p roject manual an d estimate of cost for th e constru ction of th e Landfill G as Collection System Exp ansion Proj ect, d irectin g City Cl erk to publish notice of said hearin g , and d irectin g th e City En g ineer to place said proj ect man u al on fil e for public in sp ection . Prepared B y:J oe Welter, S r. Civil E ngineer Reviewed By:J ason Havel, City E ngineer Ron K noche, P ublic Works Director Geoff Fruin, City Manager F iscal I mpact:$648,000 available in the L andfill Gas I nfrastructure E xpansion, A ccount #3343 Recommendations:Staff: Approval Commission: N/A Attachments:L ocation Map Resolution Executive S ummary: T his agenda item sets the public hearing, which begins the bidding process, for the L andfill Gas Collection System E xpansion P roject. T his project will increase the reliability of the gas collection system for the L andfill by installing additional gas collection system piping around the south and west portions of the site. Background / Analysis: T his project includes installation of additional landf ill gas collection system piping around the south and west portions of the L andfill. A pproximately 5,000 linear f eet of ten to twelve inch high density polyethylene (HD P E) pipe is estimated for this expansion. T he proposed system will accommodate leachate and condensate removal as well as access to cleanouts. This system expansion will increase the reliability of the gas collection system f or L andf ill, which will allow for improved compliance with the L andfill’s environmental regulatory requirements. This expansion will enable more landfill gas collection from the L andf ill’s newest cells, C ells F Y09 and F Y18. F uture horizontal collection lines and vertical gas extraction wells will tie into this expansion. HD R E ngineering, I nc. of Omaha, Nebraska designed the project and is assisting the City staff during bidding, letting, and construction. The estimated cost of construction is $648,000. Project T imeline: Set P ublic Hearing – December 14, 2021 Hold P ublic Hearing / A pprove P roject Manual – J anuary 4, 2022 Bid L etting – J anuary 25, 2022 Award Date – F ebruary 1, 2022 Construction Start – March 1, 2022 F inal Completion – J une 30, 2022 AT TAC HM E NT S : Description L ocation Map Resolution ENGINEERING DIVISION DATE: DEC 2021 SHEET: SCALE: 1"=1000' FILE #: DESIGN: JBW DRAWN: JBW IOWA CITY LANDFILL AND RECYCLING CENTER LANDFILL GAS COLLECTION SYSTEM EXPANSION - SITE MAP 0 1000' IWV ROAD HEBL AVENUE SWPROJECT LOCATION LANDFILL SCALE HOUSE Prepared by:Joe Welter, Public Works,410 East Washington Street,Iowa City,Iowa 52240,(319)356-5144 ,. fLe Resolution No. 21-310 Resolution setting a public hearing on January 4, 2022 on the project manual and estimate of cost for the construction of the Landfill Gas Collection System Expansion 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 Landfill Gas Infrastructure Expansion, Account Number L3343. 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 4th day of January, 2022, at 6:00 p.m. in the Assembly Room at The Center, 28 S Linn Street, 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. If City Council does not meet in person due to the health and safety concerns from COVID- 19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www,icgov.org/councildocs or telephone the City Clerk at(319) 356-5043. 3. 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. 4. 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 14th day of December 2021 Ma Approved by 0. 4,k Attest: ( („ v ) L-G_ �.0 City erk City Attorne ' Office (Sara Greenwood Hektoen— 12/08/2021) It was moved by Weiner and seconded by Bergus the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Bergus X Mims x Salih x Taylor X Teague x Thomas x Weiner Item Number: 7.a. D ecember 14, 2021 AT TAC HM E NT S : Description Competitive Quotation Memo Item Number: 12. D ecember 14, 2021 Resol u tion approvin g proj ect man u al and estimate of cost for the constru ction of th e Ben ton Street Reh abil itation Project [S TP-U-3715(669)— 70-52], estab l ishin g amount of b id security to accompan y each b id, directing City Clerk to p ost notice to bid d ers, an d fixing time and p l ace for receipt of b ids. Prepared B y:Melissa Clow,S pecial Projects A dministrator Reviewed By:J ason Havel, City E ngineer Ron K noche, P ublic Works Director Geoff Fruin, City Manager F iscal I mpact:$3,200,000 available in the B enton S treet Rehabilitation P roject account #S 3947 Recommendations:Staff: Approval Commission: N/A Attachments:L ocation Map Resolution Executive S ummary: T he B enton S treet Rehabilitation P roject includes a crack-and-seat of the existing pavement with a Hot Mix Asphalt (HMA ) overlay, painting of on-street bike lanes, A D A sidewalk improvements, and traffic and pedestrian signal improvements at the Benton and Sunset intersection. Background / Analysis: T he project corridor extends approximately 6,550 f eet along Benton Street, from Mormon Trek Boulevard to 150 feet east of B enton Drive. T he existing pavement is a 33-foot wide Portland Cement Concrete (P C C) roadway with approximately two 13-f oot wide travel lanes (one in each direction) and 3-foot painted shoulders. W ith the crack-and-seat and overlay project, the existing curb lines will remain and the overall width of the street will stay the same. However, the roadway will be restriped to include two 11-foot travel lanes (one in each direction) and 5-foot on-street bike lanes. T he C ity has completed a diamond grinding project within this section of B enton S treet to try and address rideability issues. However, the existing pavement is in poor condition, with joint deterioration becoming an increasing issue f or much of the corridor. Sidewalk facilities exist along both sides of B enton S treet, including curb ramps at most intersections. However, many of the curb ramps do not meet current A D A requirements. T he MP O J C programmed $1,316,000.00 in S T B G f unding f or the B enton Street Rehabilitation Project in the F Y2021-2024 Transportation I mprovement Program (T I P). Council accepted this funding in F ebruary 2021. Project T imeline: Hold P ublic Hearing / A pprove P roject Manual – December 14, 2021 I owa D O T Bid L etting – J anuary 19, 2022 Award Date – F ebruary 1, 2022 Construction Start – S pring 2022 F inal Completion – Fall 2022 AT TAC HM E NT S : Description L ocation Map Resolution Exhibit A Prepared by:Melissa Clow,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5413 Resolution No. 21-311 Resolution approving project manual and estimate of cost for the construction of the Benton Street Rehabilitation Project [STP-U- 3715(669)--70-52], 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, this project will be bid by the Iowa Department of Transportation (DOT); and Whereas, bids will be accepted on January 19, 2022 at 10:00 a.m. by the DOT, Office of Contracts in Ames, Iowa; 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 Benton Street Rehabilitation Project account #33947 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 form and amount prescribed in the bidding proposal. 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. Bids for the above-named project are to be received by the DOT, Office of Contracts, 800 Lincoln Way, Ames, Iowa, before 10:00 a.m. on the 19th day of January, 2022. Thereafter, the bids will be opened and announced by the DOT, 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 Assembly Room at The Center, 28 S Linn Street, Iowa City, Iowa, at 6:00 p.m. on the 1st day of February, 2022, or at a special meeting called for that purpose. 5. If City Council does not meet in person due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. Resolution No. 21-311 Page 2 Passed and approved this 14th day of December , 2021. Ma;'. Approved IP Attest: Y ' (-Le i -i City Clerk City Attorney' Office (Sara Greenwood Hektoen- 12/06/2021) It was moved by Thomas and seconded by Mims the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Bergus x Mims x Salih X Taylor Teague x Thomas x Weiner Item Number: 13. D ecember 14, 2021 Resol u tion approvin g proj ect man u al and estimate of cost for the constru ction of th e W illow Creek Streamban k Stab ilization Imp rovemen ts Proj ect, establish ing amou n t of bid secu rity to accomp any each bid , d irectin g City Clerk to p ost notice to bid d ers, an d fixing time and p l ace for receipt of b ids. Prepared B y:Ben Clark, Sr. Civil Engineer Reviewed By:J ason Havel, City E ngineer Ron K noche, P ublic Works Director Geoff Fruin, City Manager F iscal I mpact:$170,000 available in the B enton S treet Rehabilitation P roject account #S 3947 Recommendations:Staff: Approval Commission: N/A Attachments:L ocation Map Resolution Executive S ummary: T his project includes stabilization work along W illow C reek in W illow Creek P ark to address erosion issues and potential safety hazards. Construction also includes rock riffle grade control and rip-rap streambank armoring. Background / Analysis: Recent storm events have accelerated streambank erosion along a portion of W illow Creek flowing through W illow Creek Park near Keswick Drive. I f left unchecked, this erosion will undermine the sidewalk on the south side of B enton S treet, creating a public safety hazard and an increased risk of damage to public infrastructure. Project T imeline: Hold P ublic Hearing / A pprove P roject Manual – December 14, 2021 Bid L etting – J anuary 11, 2022 Award Date – J anuary 18, 2022 Construction Start – S pring 2022 F inal Completion – Fall 2022 AT TAC HM E NT S : Description L ocation Map Resolution 10+0010+5011+00 11+50 12+00 12+5013+00WESTGATE CIRCLE LEONARD CIRCLE BENTON STREET BENTON STREETKESWICK DRIVETEG DRIVESPENCER DRIVEWESTGATE STREETKATHLIN DRIVE WILLOW CREEK PARK PROPOSED IMPROVEMENTS B.O.P. STA: 10+43.98 E.O.P. STA: 12+79.61 R:\191037-000\06-Drawings\06 - Plans\Channel Re-Alignment\A.02.dwg 5/5/2021 2:00 PM making lives better. CHECKED BY ENGINEER SHEET NO. FIELD BOOK NO. DRAWN BY REVISIONS NOTICE: McClure Engineering Company waives any and all responsibility and liability for problems which arise from failure to follow these Plans, Specifications, and the engineering intent they convey, or for problems which arise from failure to obtain and/or follow the engineers guidance with respect to any errors, omissions, inconsistencies, ambiguities, or conflicts which are alleged. COPYRIGHT: Copyright and property rights in these documents are expressly reserved by McClure Engineering Company. No reproductions, changes, or copies in any manner shall be made without obtaining prior written consent from McClure Engineering Company. 1740 Lininger Lane North Liberty, Iowa 52317 319-626-9090 fax 319-626-9095-JSS BAVBRB . . . . MAY 2021 MEC JOB #191037 IOWA CITY, IOWA IMPROVEMENTS - 2021 STREAMBANK STABILIZATION WILLOW CREEK PARK OVERALL PROJECT LAYOUT A.02 20 400 GRAPHIC SCALE 80 NORTH j3 . Prepared by:Ben Clark,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5436 Resolution No. 21-312 Resolution approving project manual and estimate of cost for the construction of the Willow Creek Streambank Stabilization Improvements 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 Benton Street Rehabilitation Account#53947. 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 Treasurer, 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 11'h day of January, 2022. 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 Assembly Room at The Center, 28 S Linn Street, Iowa City, Iowa, at 6:00 p.m. on the 18th day of January, 2022, or at a special meeting called for that purpose. If City Hall is closed to the public due to the health and safety concerns from COVID-19, sealed bids may still be delivered in person on Mondays through Fridays 8:00 am to 5:00 pm. The person delivering the sealed bid may come to the front lobby of City Hall, 410 E. Washington St., Iowa City, Iowa, and upon arrival telephone the City Clerk at 319/356-5043. 5. If City Council does not meet in person due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. Resolution No. 21-312 Page 2 Passed and approved this 14th day of December , 2021. l M �� Approve. Attest: . '. Y I. ._ City Clerk City Attorne s Office (Sara Greenwood Hektoen— 12/07/2021) It was moved by Mims and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Bergus x Mims x Salih x Taylor x Teague x Thomas x Weiner Item Number: 14. D ecember 14, 2021 Resol u tion approvin g proj ect man u al and estimate of cost for the constru ction of th e F irst Avenue an d Scott Bou l evard Intersection Improvements Project, estab l ishin g amount of b id security to accompan y each bid , d irectin g City Cl erk to post n otice to b idders, and fixin g time an d p l ace for receipt of b ids. Prepared B y:J ustin Harland, Civil E ngineer Reviewed By:J ason Havel, City E ngineer Ron K noche, P ublic Works Director Geoff Fruin, City Manager F iscal I mpact:$1,700,000 available in the First Ave/S cott B lvd I ntersection I mprovements account # S 3944 Recommendations:Staff: Approval Commission: N/A Attachments:L ocation Map Resolution Executive S ummary: T his project includes reconstruction of the F irst Avenue and S cott Boulevard intersection and converting the existing four way stop into a single lane roundabout. C onstruction will also include new storm sewer and water main, A D A sidewalk improvements, street lighting, and restoration. Background / Analysis: T he First Avenue and S cott B oulevard intersection currently includes four-way stop control that experiences significant queuing during peak hours resulting in increased travel times, delays, and emissions. I n 2015, the C ity utilized a consultant to investigate the f easibility of constructing a roundabout at this intersection. T his consultant determined a standard modern roundabout would handle projected traffic demands, improve vehicle saf ety, reduce emissions and provide better speed control. As part of the design process, an I ntersection Control E valuation (I C E ) was completed in 2019 to analyze and compare the potential perf ormance and benefits of a 4-way stop controlled intersection, traffic signal-controlled intersection, and a roundabout. The project team also met with A C T representatives to discuss the results of the I C E . Ultimately, a roundabout was selected as the preferred alternative. Project T imeline: Hold P ublic Hearing / A pprove P roject Manual – December 14, 2021 Bid L etting – J anuary 11, 2022 Award Date – J anuary 18, 2022 Construction Start – S pring 2022 F inal Completion – Fall 2022 AT TAC HM E NT S : Description L ocation Map Resolution Exhibit A 14 Prepared by:Justin Harland,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5154 Resolution No. 21-313 Resolution approving project manual and estimate of cost for the construction of the First Avenue and Scott Boulevard Intersection Improvements 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 First Ave/Scott Blvd Intersection Improvements Account#S3944. 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 Treasurer, 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 11'h day of January 2022. 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 Assembly Room at The Center, 28 S Linn Street, Iowa City, Iowa, at 6:00 p.m. on the 18° day of January 2022, or at a special meeting called for that purpose. If City Hall is closed to the public due to the health and safety concerns from COVID-19, sealed bids may still be delivered in person on Mondays through Fridays 8:00 am to 5:00 pm. The person delivering the sealed bid may come to the front lobby of City Hall, 410 E. Washington St., Iowa City, Iowa, and upon arrival telephone the City Clerk at 319/356-5043. 5. If City Council does not meet in person due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at(319) 356-5043. Resolution No. 21-313 Page 2 Passed and approved this 14th day of December , 2021. MJ'L'�' Approvee •yy Attest: " `i^_^L412(a, City Clerk City Attorn- 's Office (Sara Greenwood Hektoen - 12/06/2021) It was moved by Bergus and seconded by Salih the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Bergus x Mims X Salih X Taylor x Teague X Thomas X Weiner Item Number: 15. D ecember 14, 2021 Resol u tion approvin g th e Statu s of F u n d ed Activities (S O FA) for C D B G -C V funds received b y th e Iowa Economic Develop ment Au thority. Prepared B y:Erika Kubly, Neighborhood S ervices Coordinator Reviewed By:Tracy Hightshoe, Neighborhood and Development S ervices Director Geoff Fruin, City Manager F iscal I mpact:I owa City received $686,610 in C D B G-C V funds through the I owa E conomic Development Authority in December 2020. Recommendations:Staff: Approval Commission: N/A Attachments:Resolution IEDA CDB G-CV Summary of Drawn Funds Executive S ummary: I owa City received $686,610 in C D B G -C V f unds through the I owa Economic Development Authority to prevent, prepare for and respond to the C O V I D -19 pandemic. F unds have been allocated to nine projects including emergency housing assistance payments and public service activities. I n accordance with the state's Citizen Participation Plan, the City must hold a public meeting to discuss the S tatus of F unded Activities (S O FA ) once 50% of funds are expended. Background / Analysis: T he City of Iowa City received a total of $1,521,160 in CDBG-CV funds to prevent, prepare for and respond to the CO VID-19 pandemic. Funds were received in three phases and were allocated to homeless prevention and services, child care services, mental health services, food assistance, eviction prevention, and business assistance activities. In the first phase of funding Iowa City received $410,422 from the Department of Housing and Urban Development (H U D). A total of $246,000 was allocated for emergency housing assistance payments and has been fully expended. T he remaining balance of $164,422 plus $75,500 in regular C D BG entitlement funds were allocated to nine public service projects and 87% of funds have been expended. T he second phase of funding totaled $424,128 and was allocated for business assistance in partnership with ECICOG. Twenty-seven businesses received grant assistance and 97% of funding has been expended in this phase. T he third phase of funding was allocated to the Iowa Economic Development Authority (IE D A) from HUD and then distributed to Iowa entitlement communities based on population. Iowa City received $686,610 in CDB G-CV funds from IE D A in December 2020. A total of $370,000 was allocated for a second phase of emergency housing payments administered by Shelter House. T his activity began once the funds for the first phase of C D BG-C V emergency housing payments were depleted and funds are currently 54% drawn with a balance of $169,858. A total of $292,401 was allocated to eight public service projects and is currently 57% expended with a balance of $126,633. As a recipient of state administered funds the City must comply with the state's Citizen Participation Plan which requires a public meeting on the Status of Funded Activities (S OFA) once 50% of funds have been drawn. T he purpose of the S OFA is to describe accomplishments, expenditures, remaining work, and any changes to the original scope of work. Details on state CDBG-CV allocations funds and most recently collected beneficiary data are shown in the attached State C D BG-C V Summary spreadsheet. A total of $24,209 is currently unallocated. T he City initially proposed $20,000 for administrative costs and one project returned $4,209 in unused funds. T hese funds are expected to be reallocated to current projects as needed for any cost overages. Iowa City must expend 80% of the IEDA CDB G-CV allocation by July 20, 2023 and 100% by July 20, 2025. It is anticipated that all funds will be expended well before these deadlines. AT TAC HM E NT S : Description resolution Summary of F unds Drawn Prepared by: Erika Kubly, Neighborhood Services,410 E.Washington St.,Iowa City, IA 52240(319)356-5230 RESOLUTION NO. 21-314 Resolution approving the Status of Funded Activities (SOFA) for CDBG-CV funds received by the Iowa Economic Development Authority Whereas, City Council approved an application and submission to the Iowa Economic Development Authority (IEDA) for State of Iowa CDBG-CV funds on September 15, 2020 by Resolution #20-229; and Whereas, the City of Iowa City received an allocation of$686,610 in state CDBG-CV funds to prevent, prepare for, and respond to the COVID-19 pandemic; and Whereas, the City has allocated state CDBG-CV funds to nine projects serving low-to moderate-income individuals and households impacted by the COVID-19 pandemic; and Whereas, the City has drawn more than 50% of the CDBG-CV allocation from IEDA; and Whereas, the City of Iowa City has held a public meeting to discuss the Status of Funded Activities (SOFA) for state CDBG-CV funds in accordance with the State of Iowa's Citizen Participation Plan. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa approves the attached Status of Funded Activities for CDBG-CV funds from the Iowa Economic Development Authority. Passed and approved this 14'h day of December 2021. iftee ayor Attest: _ -� I _ / „ . City Clerk City Attorney's Office (Sue Dulek— 12/08/2021) Resolution No. 21-314 Page 2 It was moved by Mims and seconded by Gni the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bergus x Mims g Salih x Taylor x Teague x Thomas x Weiner State CDBG-CV Summary of Drawn Funds 12/7/2021 City of Iowa City Most Recent Funding Funds Remaining %of Funds Beneficiary Data Agency Project Type Activity Status Source Allocated Spent Available Drawn (#served) Shelter-House Emergency Housing Payments Underway IEDA $370,000 $200,142 $169,858 54% 120 4Cs Child Care Services Underway IEDA $35,000. $3,257 $31,743 9% 31 DVIP Homeless Prevention/Services Underway IEDA $50,000 $15,746 $34,254 31% 44 Dream City Child Care Services Complete IEDA $40,791 $40,791 $0 100% 48 UAY Mental Health Services Underway IEDA $32,675 $23,842 $8,833 73% 47 Shelter House Homeless Prevention/Services, Mental Complete IEDA $56,044 $56,044 $0 100% - 201 Health.Services CommUnity Food Assistance Complete IEDA $32,195 $32,195 $0 100% 2,628 Table to Table Food Assistance Underway IEDA $10,000 '.$0 - $10,000 0% 0 Iowa Legal Aid Eviction Prevention Pending IEDA $35,696 $0 $35,696 0% 0 Total $662,401 $372,018 $290,384 3,119 Total Grant: $686,610 Amount Allocated: $662,401 Amount Expended: $372,018 Percent Expended: 54% Unallocated Funds: $24,209 Item Number: 16. D ecember 14, 2021 Resol u tion Approvin g Su b stan tial Amen d ment #1 to Iowa City's F Y22 Annual Action Plan . Prepared B y:Erika Kubly, Neighborhood S ervices Coordinator Reviewed By:Tracy Hightshoe, Neighborhood and Development S ervices Director Geoff Fruin, City Manager F iscal I mpact:I owa City received $721,974 in C D B G and $494,351 in HO ME funds for F Y22 which is used in conjunction with program income and uncommitted or returned funds. Recommendations:Staff: Approval Commission: The Housing and Community Development Commission recommended approval by a vote of 6-0 at their November 18, 2021 meeting. Attachments:F Y22 Annual Action P lan A mendment #1 HCDC Minutes - September 16, 2021 HC D C Minutes - October 21, 2021 HC D C Minutes - November 18, 2021 Resolution Appendix B - C D B G and HO ME A llocation Executive S ummary: T he C ity proposes a substantial amendment to the F Y22 Annual A ction P lan to distribute unallocated C D B G and HO ME funding to four af f ordable housing projects. Due to a low number of applications received during the initial F Y22 f unding round, the City held a mid-year funding round which made $656,000 in federal funds available for qualif ying projects. The F Y22 A nnual Action Plan and proposed substantial amendment #1 are available at www.icgov.org/action plan and a summary of the funded activities is attached to the resolution as Appendix B. A public meeting and resolution considering approval of substantial amendment #1 to the F Y22 Annual A ction Plan, which f ormally allocates additional C D B G and HO ME f unding to four projects, will be held at the City Council meeting on December 14, 2021. Background / Analysis: On May 4, 2021, C ity C ouncil approved the F Y22 A nnual A ction Plan which describes projects and activities proposed f or funding in the F Y22 fiscal year. D ue to a low number of applications received during the C D B G and HO ME funding allocation, a mid-year funding round was held to allocate remaining f unds. A total of six applications were received, with one project determined ineligible for the available f unding. T he remaining f ive projects were reviewed by staff and the Housing and C ommunity D evelopment Commission (HC D C). A t their October 21, 2021 meeting, HC D C allocated a total of $656,000 in C D B G and HO ME funds to the following four affordable housing projects: 1. $300,000 in HO ME funds to S helter House for rental construction of the 501 P roject which will provide permanent supportive housing for 36 individuals who are chronically homeless with a disabling condition. 2. $128,000 in HO ME f unds to the Housing Fellowship f or rental acquisition to serve a large family (estimated 6-person household). 3. $128,000 in C D B G and HO ME funds to the C ity of I owa City and GreenS tate Credit Union for down payment assistance in HUD-certified low- to moderate-income census tracts for home buyers that have experienced difficulty obtaining a standard 30-year mortgage. 4. $100,000 in HO ME f unds to the City of I owa City's S outh D istrict P rogram which will provide down payment assistance for four households. Substantial amendment #1 to the FY22 Annual Action Plan was made available for public comment beginning November 12, 2021. HCDC approved the draft at their November 18, 2021 meeting. At the time of this submittal the City has not received any public comments. Next steps will be to submit the amendment to HUD for review and approval. AT TAC HM E NT S : Description F Y22 A A P A mendment #1 HC D C 9-16-21 F inal Minutes HC D C 10-21-21 Final Minutes HC D C 11-18-21 Preliminary Minutes resolution Appendix B EXHIBIT A FY22 Annual Action Plan Substantial Amendment #1 November 12, 2021 Due to a low number of applications received during the regular FY22 funding round, the City of Iowa City held a mid-year funding round for affordable housing projects which made $656,000 in federal funds available. Over $1 million dollars in requests for funds were received and considered by the Housing and Community Development Commission. The proposed FY22 Annual Action Plan amendment includes the incorporation of funding recommendations, goals, beneficiaries, and other related adjustments. Funds awarded include $500,000 in regular HOME Investment Partnership Program (HOME) funds and $78,000 in recaptured Community Development Block Grant (CDBG) funds from FY21. Additionally, $78,000 in CHDO reserve funds, initially allocated for rental rehabilitation, are recommended for redistribution to a rental acquisition project. The City Council will consider this recommendation on December 14, 2021 following a 30-day public comment period and an amendment will be submitted to the U.S. Department of Housing and Urban Development (HUD) subject to City Council approval. Jurisdiction: City of Iowa City, Iowa Contact Person Jurisdiction Web Address: http://www.icgov.org/actionplan Erika Kubly 410 E. Washington Street Iowa City, IA 52240 319.356.5121 Erika-Kubly@Iowa-City.org Proposed Amendment Table 6 FY22 Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 2 Expected Amount Available Remainder of ConPlan Narrative Description Annual Allocatio n: Progra m Income: Prior Year Resources : Total: CDBG Federal Acquisition, Admin and Planning, Economic Development, Housing, Public Improvements, Public Services $731,974 $73,817 $88,451 $166,451 $894,242 $972,242 $1,928,000 The expected amount in the remainder of the Consolidated Plan is four times the average annual amount from the past five years, rounded to the nearest $1,000. HOME Federal Acquisition, homebuyer assistance, rehab, construction, rehab, TBRA $494,351 $76,558 $103,091 $177,091 $674,000 $748,000 $1,497,000 The expected amount in the remainder of the Consolidated Plan is four times the average annual allocation from the past five years, rounded to the nearest $1,000. This does not reflect new funds anticipated from the American Rescue Plan Act. Table 7 Annual Goals and Objectives Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Increase the number of affordable rental housing units including through new construction and acquisition 2022 2023 Affordable Housing AHLM Eligible Areas Citywide Affordable rental and owner housing $0 CDBG $326,000 $428,000 HOME 11 Other 2 (Rental Units) 2 Support homebuyer activities such as down payment and/or closing cost assistance 2022 2023 Affordable Housing AHLM Eligible Areas Citywide Affordable rental and owner housing $0 $78,000 CDBG $100,000 $150,000 HOME 4 12 Households Assisted 3 Rehabilitate and improve owner- occupied housing units 2022 2023 Affordable Housing Citywide Housing Rehab Targeted Areas Preservation of existing affordable rental and owner housing $235,000 CDBG $40,010 $40,000 HOME 20 Owner Units Rehabbed 4 Rehabilitate and improve renter- occupied housing units 2022 2023 Affordable Housing Citywide Housing Rehab Targeted Areas Preservation of existing affordable rental and owner housing $0 CDBG $151,990 $74,000 HOME 4 2 Rental Units Rehabilitated 1 Other (CHDO Operations) 5 Provide public services 2022 2023 Non-Housing Community Development Citywide Public Services $124,000 CDBG $0 HOME 2,900 People Assisted 6 Improve public facilities 2022 2023 Non-Housing Community Development LMI Areas Citywide Public facility Improvements $262,242 CDBG $0 HOME 2,862 People Assisted (3 Public Facilities) 7 Improve public infrastructure & address climate action needs 2021 2025 Non-Housing Community Development LMI Areas Citywide Public Infrastructure improvements $75,000 CDBG $0 HOME 300 People Assisted (1 Public Facility/Infrastructure) 8 Support economic and workforce development 2021 2025 Non-Housing Community Development LMI Areas Citywide Economic Development $50,000 CDBG $0 HOME 2 Businesses Assisted 9 Effectively administer and plan for the CDBG, HOME, and related programs 2021 2025 Other Citywide Administration and Planning $148,000 CDBG $56,000 HOME Other Table 10.5 FY22 Competitive Housing Project Summary 5 Project Name Other Housing Activities Target Area Affordable Housing Location Model Eligible Areas, Citywide Goals Supported Increase the number of affordable rental housing units through new construction and acquisition; Support homebuyer activities such as down payment and/or closing cost assistance; Rehabilitate and improve renter-occupied housing units Needs Addressed Expansion of affordable rental & owner housing options; Preservation of existing affordable rental/owner housing Funding $0 $78,000, CDBG $451,000 $450,000 HOME Description In accordance with CDBG and HOME rules and regulations, assistance will be used by the City and provided directly to homeowners, nonprofits, and for-profits to acquire and/or rehabilitate properties, correct substandard conditions, make general repairs, improve energy efficiency, reduce lead paint hazards, and make emergency or accessibility improvements. May include: acquisition/rehab/resale, refinance/rehab, demolition/site preparation, new construction, down payment/closing cost assistance and housing counseling. Housing units assisted will be single or multi-unit affordable housing to be sold, rented, or lease/purchased, as allowed by CDBG and HOME regulations. Beneficiaries of housing activities will be low- and moderate-income households. Other funding available includes program income generated by the repayment of loan funds. Funding will also be utilized for project delivery costs and administration of housing programs, as allowed by CDBG and HOME regulations. Target Date 6/30/2022 Estimate the number and type of families that will benefit from the proposed activities The following are expected to benefit from the proposed activities: • Financial assistance for homeowner activities to 4 12 low income households • Rental acquisition or construction of 11 2 units to benefit 11 2 low income renter households • Those receiving services from The Housing Fellowship (1 other) Location Description Funding is available citywide. Addresses of activities are unknown. Planned Activities The following activities are proposed: financial assistance to four 12 low income homebuyers to facilitate affordable homeownership opportunities, acquisition or construction activities to create 11 2 rental units for low income households, operating assistance to The Housing Fellowship, a local CHDO. Table 10.6 CHDO Activities Project Summary 6 Project Name CHDO Reserve Activities Target Area Affordable Housing Location Model Eligible Areas Goals Supported Rehabilitate and improve renter-occupied housing units Needs Addressed Preservation of existing affordable rental and owner housing Funding $78,000 $128,000 HOME Description In accordance with CDBG and HOME rules and regulations, assistance will be used by the City and provided directly to CHDOs to acquire and/or rehabilitate properties, correct substandard conditions, make general repairs, improve energy efficiency, reduce lead paint hazards, and make emergency or accessibility improvements. May include: acquisition/rehab/resale, refinance/rehab, demolition/site preparation, new construction, down payment/closing cost assistance, housing counseling, and CHDO operational funding. Housing units assisted will be single or multi-unit affordable housing to be sold, rented, or lease/purchased, as allowed by CDBG and HOME regulations. Beneficiaries of housing activities will be low- and moderate-income households. Funding will also be utilized for project delivery costs and administration of housing programs, as allowed by CDBG and HOME regulations. Target Date 6/30/2022 Estimate the number and type of families that will benefit from the proposed activities The following are expected to benefit from the proposed activities: • 2 rental housing units planned for rehabilitation. Activity will benefit two low income renter households. • Acquisition of a 3 to 4 bedroom home. Activity will benefit a low income renter household and is intended to help a larger family. Location Description Funding is available citywide. Addresses of activities are unknown. Planned Activities Planned activities at this time include: The City will provide funds to a certified CHDO to assist in rehabilitating two rental units for low income households. The City will provide funds to a certified CHDO to assist with the acquisition of a 3-4 bedroom rental home to benefit a larger family in the community. Table 12 One Year Goals for the Number of Households to be Supported Homeless 0 2 Non-Homeless 39 13 Special-Needs 0 4 Total 39 19 Table 13 One Year Goals for the Number of Household Supported Through Rental Assistance 0 The Production of New Units 0 2 Rehab of Existing Units 24 22 Acquisition of Existing Units 15 1 Total 39 25 Public Comments Received with Staff Response The 30-day public comment period for the FY22 Annual Action Plan Substantial Amendment #1 began November 12, 2021 and ends December 14, 2021. The City Council is holding a public meeting on December 14, 2021. Comments Received: TBD. Staff Response: N/A EXHIBIT B FY22 Substantial Amendment MINUTES FINAL HOUSING AND COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 16, 2021 – 6:30 PM FORMAL MEETING ENVIRONMENTAL EDUCATION CENTER MEMBERS PRESENT: Kaleb Beining, Maryann Dennis, Matt Drabek, Nasr Mohammed, Peter Nkumu, Becci Reedus MEMBERS ABSENT: Megan Alter, Theresa Lewis, Kyle Vogel STAFF PRESENT: Erika Kubly, Brianna Thul OTHERS PRESENT: Sara Barron, Crissy Canganelli, Simon Andrew, Simon Fall, Anthony Smith, Caitlin McGowan, Kevin Sanders CALL MEETING TO ORDER: Drabek called the meeting to order at 6:30 PM. CONSIDERATION OF MEETING MINUTES: AUGUST 19, 2021: Nkumu moved to approve the minutes of August 19, 2021. Mohammed seconded and a vote was taken and the motion passed 6-0. PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: Sara Barron (Affordable Housing Coalition) noted the State of Iowa had the opportunity to give out $195 million to residents of Iowa and as of a few weeks ago they had made it through about $5 million. Barron stated that tells them a few things, none of which are that not very many people need this help, but rather that they have been pretty slow to operationalize and support this. The good news is that the process is improving, they have probably hundreds, if not 1000 or more households, now that in Johnson County that have received this support, but they continuously see even among need for the support and ask for the Commission’s continued assistance in getting the word out to anyone in Johnson County that not only is there more help available now than there has ever been for people who have lost income and are unable to pay their basic housing bills, but also that there are places where they can go to get that support. They can make appointments at Johnson County Public Services for help filling out all those applications as well as general assistance, there's expanded support for this program at Community and of course Shelter House. In addition, Iowa City Alliance for Worker Justice is available every Wednesday at 6pm to help people complete these applications now until the end of October. So even if someone has not accepted this assistance yet, it's definitely not too late. Now that the moratorium is lifted it's especially important that they do more communication with landlords and learn how to sell this program because people can be removed from their homes. The other thing Barron wanted to let the Commission know about is that the Johnson County Affordable Housing Coalition and its board of directors made a suggestion to all of the city governments and the county government about how to send their American Rescue Plan dollars and their board identified the top priority to be the preservation of affordable housing, and acquisition and rehabilitation and construction of more affordable housing. When we see units come up for sale in the private market, they don't currently have a great way to acquire those units and keep them affordable or make them more affordable. If the City and the County and the other cities put about 45% of their rescue plan allocation Housing and Community Development Commission September 16, 2021 Page 2 of 15 2 into a single fund, they can mobilize that fund for no or low interest loans or even grants for some projects and could acquire a large number of units at a suitable time to preserve affordable housing, rehabilitate if needed, and then keep that housing permanently affordable. It also allows them to get back some of those units that are vulnerable to the private market and put them under the management and support of a local nonprofit, a resident owned cooperative, or some other organization whose mission is to preserve affordable housing. They can't do that without a large commitment that can allow them to respond to the private market. Their other recommendation is that money is given directly to households who have not benefited from other stimulus programs, because they see a large number of people coming to them who did not have stimulus checks or rent assistance and those folks are getting debt and borrowing money from family and friends directly. Barron closed by saying if anyone has further questions or wants more information they can contact her at the Affordable Housing Coalition. QUESTION AND ANSWER SESSION FOR APPLICATIONS: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS ( HOME) PROGRAMS: The first application is the City down payment assistance program. Reedus stated she is brand new to this process and noted this is a down payment assistance program with the City but there's another one with Green State that the City was partnering with so what is the difference between the two. Kubly replied this is a third phase of a program that the City already offers in the South District neighborhood. The City has been acquiring duplex properties and converting them to condos and selling them for homeownership. They also rehab the unit so they're ready to purchase and ready to move in. This application for funding would allow the City to continue that program and would provide home down payment assistance for those buyers. They try to cater to residents that live within the South District, specifically people who are already living on Taylor Drive and Davis Street in the South District area and give the opportunity for homeownership. The Green State program is similar, it’s down payment assistance with HOME funds however, it's not directly to City owned units or directly to the South District, but it is limited to low-income census tracts. The City is partnering with the credit union to provide down payment for people who are purchasing homes in those areas who would also qualify for the HOME income guidelines. An individual would not be able to use both programs, they are two separate programs. Dennis asked if they had any applicants. Kubly noted as of today they have 13 people on the applicant list, she wouldn't say they're ready because they have not finished all the steps to apply for the program and don't all have preapproval for lending but they're working through those steps and they have a couple of people that are just about ready to purchase the existing homes that the City has. Dennis asked how the City screens the applicants. Kubly stated they have to income qualify for the HOME funds, 80% of the area median income, so they do an income verification, they have to take a homeownership education course through Horizons, that costs $99 but the City reimburses that amount, and then they have to get preapproval for a loan for the cost that's not covered by the down payment assistance. The City doesn’t run the credit score, but the lender of course would do that, so the City tries to work with people to help them get set up and working with a lender. Nkumu asked if this just for first time homebuyers. Kubly said it is for anybody, but they do have preference categories such as a geographic preference for people who live in the neighborhood that they're working in. They also have a preference for people who are on the Housing Authority’s Family Self-sufficiency Program so if they are interested in purchasing a home and have been working with that program they might get a priority. Mohammed asked why give priority for people to are on the Housing Authority Family Self-sufficiency Program. Kubly noted those people have been working with the Family Self-sufficiency Program coordinator with the City and setting goals for homeownership so they just expanded it to that group of people. Mohammed stated the priority should be to the people who need it the most. Kubly stated the initial goal with the program was because this neighborhood has a higher proportion of the renters versus owner occupied units and so they're trying to get those renters opportunities to purchase within their own neighborhood. They have a quite a few properties and plan to continue to program and if they get to a point where there's no eligible applicants in the immediate neighborhood, they would expand out. Housing and Community Development Commission September 16, 2021 Page 3 of 15 3 Dennis asked if they anticipate any of the recovery money coming in for something like this. Kubly does not believe so, with the pace that they're moving their regular HOME funds would serve the purpose of this program the best. They have properties purchased to continue the program and have used local funds for that. Mohammed acknowledged they said they had 13 applicants and wondered if there is enough housing for them. Kubly stated right now the City owns three properties that are under rehab, and then they purchased 16 more, so there are enough units for all applicants, they're just not ready for homeownership yet and it's going to be a longer-term program over several years. Reedus noted the application stated three units have already been sold, and another two units they anticipate the sale by June 2022 so that's the whole target, like seven units. Kubly stated they have six right now but are saying they’re going to do four more on top of that. Reedus asked if the timeline for that is in the City Steps Plan, so if it wasn’t funded this year it could still be eligible next year. Kubly responded it just depends, right now some of the properties that they own are rented out and so availability will depend on people vacating those units, because the City is not going to have anyone move out if they don't want to. Once they get a duplex and can vacate both sides, they'll start with the rehab. Mohammed asked if this housing program is limited to geographically the South District and not if people can find housing outside of the South District. Kubly replied for this program they are specifically looking for the duplex homes on Taylor and Davis. The next application, with Green State, is for throughout the City but limited to low income census tracts. Reedus asked if people from other areas can participate in the program by purchasing the home itself if they're eligible, correct? Kubly confirmed yes if they don’t have anyone in a preference category. People who live there would have the highest preference but if they don't find buyers within the preference category, they will open it up to a broader area. Drabek noted the second application is the City of Iowa City and Green State, Kubly will also speak to this application as no one from Green State is present. Drabek asked if the main goal is to close the racial homeownership gap and the method is by targeting certain neighborhoods and income groups and he is assuming that there are legal regulatory reasons why that might be the simplest way to target a racial group. Drabek asked if they were able to measure the race of buyers or applicants and who the assistance goes to. Kubly stated the will be tracking demographics of who they’re serving, they are also require to do that for federal funds. Reedus asked if staff can provide a couple of examples on the flexibility allowed for the requirements for the lending. Kubly stated they would maybe consider a lower credit score than they might have previously considered or consideration for certain credit issues that someone might have in their report that would give them a lower score, a lower required down payment, which of course the City is going to help with via the HOME assistance and then the other thing is the job-life tenure, so if someone has been consistently employed but maybe they have moved around jobs that might negatively impact their applications. Overall, they're taking a longer look at some of these things to see how they can help. After looking at these expanded guidelines if people are still not eligible, they're also partnering with Horizons to offer homeownership or financial education courses and pay for that. Nkumu asked how many this funding will support. Kubly stated they have applied for 10 households for HOME down payment assistance. If they got less funding, they would do fewer but as much as they can with that amount of money, and then maybe apply in the future. Mohammad asked how is this different than UniverCity program. Kubly replied the UniverCity program was similar to the South District program where the City purchased properties and rehabbed them and Housing and Community Development Commission September 16, 2021 Page 4 of 15 4 resold them. They didn't necessarily have down payment assistance for that program but the rehab costs were forgiven so that's how it made it more affordable for buyers. For this program they’re not doing any rehab, it's just assistance for financing and then down payment assistance to make it more affordable for the buyers. Drabek stated the next application is Shelter House. Crissy Canganelli (Shelter House) first had a question about funding projects underway, Shelter House staff contacted City staff to see if this would be an allowable goal under this program because normally the City does not use CDBG grant funds to projects underway. Kubly confirmed they could make it work confirming normally if the project is underway, they're unable to fund it but it sounds like how this one is set up with other federal funding already that they probably could. Dennis noted it looks like Shelter House is asking for all of the funds that are available. Canganelli confirmed that was correct. Dennis asked if there a requirement for a CHDO. Thul stated they do have about $77,000 of CHDOs set aside separate from the $500,000 available for this round. Dennis asked then if the Shelter House doesn’t receive funds from this Commission, or a recommendation from this Commission, what programs fall short. Canganelli stated the construction loan would revert to a long-term mortgage and what they're trying to do is reduce that debt burden on the front side of the project so that they're not taking out a mortgage because that does weigh heavily on their success for the project. She also noted it's not just the construction of the units as an expense but also the operating expenses for managing the facility and 24/7 case management and support services that are provided. Otherwise, they're patching together from myriad of different funding sources and fundraising activities, and they are continuing to move forward with fundraising efforts to overall reduce that effort. Dennis asked about the National Housing Trust Fund deadline being extended. Canganelli replied they are just now extending the deadline, but construction is to completed by June. Dennis asked if there is any concern about that deadline. Canganelli said there's no concern, they're on schedule in spite of supply chain issues but costs are increasing over three quarters of a million dollars since they started. Drabek noted what stands out about this application is it is to provide housing to individuals that have been chronically homeless for years and decades. Canganelli agreed and noted Cross Park Place was the initial example and they've been successful. Dennis asked if there are there any vacancies at Cross Park Place now and Canganelli replied no. Reedus asked what the anticipated length of time is to be at full occupancy. Canganelli replied their goal is to have occupancy by June and by mid-July be completing full. They will use the winter shelter period, through the course of that season, to really be meeting with folks, encouraging them, getting any financial documents that require research, project-based vouchers, etc. and getting all of that work done in advance. Canganelli stated this is targeted and just has to do with homelessness and the number of episodes within a certain period of time, and about 100% of the people have serious illness, substance abuse histories and brain injury, intellectual disabilities, chronic health issues. As far as reducing homelessness, the real goal here is reducing crime in society that will be very close to ending crime. As a service provider they talk about ending homelessness an say that they're at functional zero and functional zero means that they're getting to a position where anyone who presents themselves as homeless and wants to be housed, they can help them. They’ve retooled and realigned their resources with Community so that they can meet with that person and get them housed, if they so choose housing within them. The challenge for community members is that they believe that when they see people on the streets with the Housing and Community Development Commission September 16, 2021 Page 5 of 15 5 signs that say that “I'm homeless” when oftentimes they are not and that creates some cognitive dissonance from the data and from the understanding or research work. Canganelli states is a new radically process to help people maintain their housing. The key to this type of housing is to work closely with the City Housing Authority that has dedicated project-based vouchers for the project, so every unit has a voucher that is attached to the unit. The Housing Authority has reduced the technical requirements in and around criminal histories, credit, and different things that often are barriers for the folks that they are working with. The only the federal limitations that stand are the persons cannot be on a national registry with a sex offender status. Many of the tenants have $0 in income so it's their work as the provider case managers to work with folks to rapidly get people connected to the benefits, whether it's social security disability benefits or whatever so they do have a revenue source. Canganelli stated the lease is an annual reviewed, the project-based voucher is theirs, there are two income recertifications on a regular basis, but as long as they don't break those federal requirements, they can keep the voucher and be eligible. Otherwise, the Housing Authority has gone one step further and created what's called in the homeless service world “move on strategy”, meaning that when people are tenants that they stay for at least one year and then if from that point forward are interested in moving on from this permanent supportive housing project that project-based voucher converts to tenant based rental assistance and they help relocate people interested. Reedus noted The Housing Fellowship is asking for $160,000 for this particular project and that does not the $78,000 in CHDO. Dennis replied it does because the Housing Fellowship is the only agency that's eligible for that $78,000 and oftentimes with an application like this they would be asking for utilization from one of their existing properties. Simon Andrew (The Housing Fellowship) noted there have been additional expenses for materials for contractors at the three locations they've been doing this year but that's another challenge that probably waiting for next year for a rehab project is a better thing as they’ll get more bang for their buck that way. This is envisioned as purchasing a home that requires several months with the estimated target in mind depending on the applications, but they are targeting a six-person household because most of the applicants that they are turning away right now need three or four bedrooms so that's what they're really looking to target. They do have some vacancies, but this is where they're staying focused as that's what they view as one of their key contributions to a neighborhood community. Affordable for more than a decade is what contributes to stability. They are targeting another 15 years of affordability because then that’d be the duration of the loan, but they also use the equity in their organization to continue to provide affordability in perpetuity for those dollars. Drabek moved onto the next application from Unlimited Abilities. Dennis noted the application said they plan on serving 40 people, how many people does Unlimited Abilities serve now. Simon Fall (Director of Operations, Unlimited Abilities) said this would add to that 40. Dennis asked if there are any vacancies at any other properties. Fall replied no, right now they have record waiting list for openings and actually serve individuals with coordination between Unlimited Abilities and Successful Living and can retrieve a few people coming from different places. Reedus noted before they had a project funded in fiscal year 21 so what is the progress on that project. Fall stated the project is fully leased. Thul stated the completion report needs to be submitted, and then the period of affordability begins. Staff have not received the completion form yet. Fall states they will finalize the purchase by February 1. Sometimes placement will take three weeks and sometimes months. They are currently talking to a couple of clients who rely on the community and being able to discharge today. For example, they have two people because of the mental illness their landlord is shutting them out. Housing and Community Development Commission September 16, 2021 Page 6 of 15 6 Drabek had a question for staff, he did see the one application was not eligible so is there a reason as to why the application wasn't HOME eligible the way it was submitted. Thul stated they’ve funded that specific COVID related activity before with CDBG-CV, which was a little bit more flexible funding, but it didn't fit with these funds. Nkumu had a question for Unlimited Abilities, the application states they have $50,000 pending status. What would happen if approved, do they have a plan B for that? Fall stated he just received all the stuff from the bank and it's pretty much going to be approved. UNSUCCESSFUL AND DELAYED PROJECTS POLICY: Drabek noted they are looking at two projects, one is the Little Creations Academy project and the other is the Successful Living Project. They will first discuss the Little Creations Academy project. Pastor Anthony Smith (Little Creations) stated he did receive the notification from the City stating that he had to give a project updated. He did resubmit the project to two bidders but didn't get a return on the bid work for the project, so they were unable to do the project. They finally got a third bid and Kennedy Construction came through. He did turn in the annual reports and as of right now there's nothing stopping him. The biggest hurdle was that there was no time from the time that she had submitted that letter to the time to actually give the contractors enough time to get react. What's not written on paper is they appreciate more time to talk. Pastor Smith also wanted to reflect back on some of the other things that he doesn’t know if the Commission knows. He already had an agreement with the City ready to be signed but the bid that came through was at $119,000 and he was only allocated $78,000. He wanted to share that because he was not sure if his allocation was mentioned at the last meeting. He wanted to mention that because there has been progress on this on this project. One of the drawbacks was the putting the hood installed in the kitchen, the original design was supposed to come out of the side of the building and then go up to the roof and the City changed the guidelines and they had to change the engineering and now the exhaust has to go through three floors and that wasn’t in the budget. Since they were way over budget they went back to the drawing board and met with the City Inspector and they gave guidelines to move forward. Now instead of using a commercial hood they were able to downgrade to a top of the line residential and could go out the side of the building. Thul noted that the memo summarizes staff perspective on the situation. Kubly notes that the issue they had with the recent bid was that the bid was only open for four business days so they felt that wasn’t an open and fair bidding process and it didn't meet the City’s procurement guidelines so it will have to be bid again for an appropriate amount of time. Reedus noted that was a question she had, they’ve got Kennedy set up, but it was a short timetable, so now they have to go and bid again. It seems like one step forward and two steps back. She also noted one of the concerns that she has, and she likes the project and is sympathetic to all that has happened to this point, but what is the timetable now after delay after delay. Do they need to recapture the funds? Kubly noted from staff’s perspective there's not a specific deadline for each project but collectively they have to spend so much CDBG money every year or the City will be out of compliance for HUD. So they try to format the CDBG projects to be one year projects and when they have projects that are larger, or multiple projects that will go past one year that gets them closer and closer to their compliance mark and why they have the unsuccessful and delayed projects policy. They have checkpoints and need to make sure things are moving forward. Thul added it’s a lot more complicated if the project does move forward and partial funds are expended if something else happened, then it's harder to cancel a project and get those funds back. Reedus asked if the amount of money they were awarded was $78,000 and the bid from Kennedy Construction was $70,000. Smith replied he’d have to check the project agreement to see how much match was put up but he thinks the total project was around $86,000 in the agreement. Housing and Community Development Commission September 16, 2021 Page 7 of 15 7 Reedus asked then at this point what is a normal timeline for putting projects out to bid, and to have submitted some sort of documents to the City for approval. Thul explained staff typically review the packets before it would go out for bid. Reedus asked what Kennedy said in terms of being able to start the project. Smith stated Kennedy is ready to go, but they have to order the equipment so as soon as he can order the equipment they can get started. However, if they now have to repeat the whole project over again it is going to take some time. The Commission asked him to have the project underway so he did all he could do within the time limits. Smith stated that signing the agreement takes time to get all the signatures. Thul commented that they have already entered the project agreement prior to the last HCDC meeting and that was when they secured the mortgage. At this stage a construction contract was needed. Thul explained the next steps are to get the construction contract and do the pre-construction conference meeting. They have also only received three quarters of the CDBG quarterly reports and the project has been over a year now so they are missing a couple quarters. The City requires quarterly reports from CDBG grantees. Pastor Smith requested they be allowed to continue with this project because of the climate that they're in right now, their daycare capacity is has, has grown exponentially, when he first started this project they only had 12 kids, they have over 30 now, and use the dishwasher and the three sink compartment as a means of sterilizing all of their equipment and it takes lots of man hours. They need to continue on with this project. Reedus doesn’t want to see a repeat of delays so if there's a timeline she’d like the City's perspective if the Commission decides to abandon last month's decision and not pull funds for the project. Kubly stated from staff’s perspective, their annual funding round starts in December so if they were to pull funds, they want to do it ahead of that because then they can put those funds back in the pool for people to apply for. Reedus would like to see a really firm timeline with Pastor Smith because he has to go back out to bid again and there are some steps to go through. She just doesn’t want it to be November and they’re thinking about this question of recall again. Drabek states that it is his view that if they do not accept the staff’s recommendation, they are going to be here talking about this again in November. Pastor Smith questioned if all he has to do is re-bid the project. He was not aware of these other reports he also needed to do. Kubly stated they have quarterly reports due every quarter, they are behind on the July report and then in October they will generate another quarterly report. Kubly stated the next steps after the bidding would be to approve contracts and then they’ll have a pre-construction meeting with the contractor or subcontractor. Smith asked how long does it take? Thul stated it depends on the length of the bid but they could schedule the conference any time. Dennis noted that all of the City requirements are outlined in the agreement and that things might have gone better if they were submitted as required by the agreement versus later. Pastor Smith stated he was only given two weeks by the Commission to do it before and if that wasn’t correct they shouldn’t have given him that deadline, it wasn't attainable. He acknowledged he made some mistakes but if they take away his funds and have to reapply they won’t get this done until June. Housing and Community Development Commission September 16, 2021 Page 8 of 15 8 Reedus stated he is spinning the story and for the benefit of the people who are listening to this, she doesn’t want there to be a misunderstanding that he only had two weeks to comply with this. She is sympathetic to the fact that there were a lot of problems in getting this started and daycare center are one of those programs she does want to see funded but does have a concern with the fact that the program is so far behind. She thinks not having a report last month made an impact because they were expecting some sort of report or appearance from him in August so that has impact and at least one reason on her decision to put forward that motion. Reedus just wants to make sure that that Pastor Smith understands that this project is way beyond deadline. If he had to reapply in January, he couldn't start the project until July but certainly would have a lot of planning time to get that done. Thul wanted to echo what Reedus said, these funds were awarded in July of last year. She acknowledged there were some issues early on, before they signed an agreement. Staff wanted to get some monitoring documentation from Little Creations and that took a long time to be submitted and that was something that delayed the project several months. Also, there was a time when Little Creations needed to submit the SAM registration and that was another project delay. All subrecipients receiving federal funds are required to register in the federal SAM database. She feels that it's a bit of a misrepresentation to suggest that staff haven’t been working on this because they have spent a lot of time trying to make this project work and noted staff don’t take any pleasure in this situation either. Kubly confirmed that they’ve spent a lot of staff time on this and there's certain federal requirements that they have to meet and make sure the project is following the CDBG rules. The fact of the matter is they could have started this a year ago if those steps had been taken concisely. Nkumu would like to know what is really realistic for this project and for them to possibly complete this project. Pastor Smith replied it would depend on how long it takes the contractor to get in and do the project. He stated the only thing holding up the project right now is ordering product because of COVID and there's a backlog on building materials. He can't submit for materials until the project was started. Reedus moved to recapture the funds and invite them to reapply at the next round. Dennis seconded the motion, a vote was taken and the motion carried 6-0. Drabek moved onto Successful Living. Thul noted there were FY21 funds allocated to Successful Living originally to acquire three homes. So far they've acquired one home and there's some vacancy issues so it is brought forth to the Commission to decide if the two remaining projects should go forward, or if the fund should go back in the pot. There are some other issues that Successful Living is working through not only with vacancy, but previous projects. The FY20 Hickory project is vacant still but may be close to being leased up based on the most recent information, and with the last FY21 project on Hollywood typically there's a six month window that project's lease up in and that project has not leased up and it does not have a rental permit to date. Caitlin McGowan (grants and development director, Successful Living) and Kevin Sanders (housing director, Successful Living) were present to answer questions. McGowan noted Sanders, herself and the intake coordinator are all new in their roles so with regards to the Hickory project, they believe that they will have that completed soon. They also have two referrals and are just in the process of waiting for their funding from their case managers for services. So those three residents should be moving in soon. Then over at Hollywood, one of the issues they ran into was that the recommended contractor that they bid it out to just stopped responding. They waited a long enough time to give them the chance to respond but ended up having to rebid the project. The concrete work has all been done and they've now applied for the rental permit. They have also developed more of a marketing plan and are both going back out to the community within the next couple of weeks and access other referral sources. One of the major issues they ran into with having these vacancies is just the transient population that they work with, adults with chronic mental illness, but also due to COVID. A lot of their referrals come from Integrated Health Homes through Abbey Center as well as the central region and during COVID they had a lot a lot of turnover with case managers. Successful Living definitely saw a huge impact with that in just claims being served and having referrals sent out for housing and mental health support. Per HUD guidelines, they can't have a client move in if they're not able to pay for the rent, or they don't have an ability, they have to collect rent, Housing and Community Development Commission September 16, 2021 Page 9 of 15 9 and the East Central Region changed their parameters for rental systems significantly and it's pretty nonexistent for their client population now. It has caused a major issue with clients who have no income, being able to initially move in, once they have the services, Successful Living certainly can get them set up with Social Security Disability for all systems, but it does cause a significant delay. Reedus asked if they have to have some sort of income before they can move in. McGowan stated per guidelines they have to charge rent and can't have someone coming in and not collecting rent. Reedus also asked about the contractor delay, is that on the current home. McGowan said it was on the one they purchased and ended up delaying them getting the rental permit and the inspection setup over at Hollywood Boulevard. Reedus asked about the other homes that need to be purchased, what's the status of those. McGowan replied they’re working with realtors but a lot of them are going to require a lot of work to be able to fit in to the requirements they have for HOME funds and being able to have residents in there. However, they are fully prepared to purchase more homes, they just wanted to focus on getting Hickory filled before moving forward. Thul stated the total awarded was $144,000 and they’ve spent $44,990 so there's about $99,000 remaining. Dennis noted if they purchase the homes, and then you have to rehab that means a lot of vacancies and she understands that they also get Medicaid. McGowan replied for their residents who are mentally ill they receive Medicaid, but that's not for property that's for providing mental health counseling and services and staffing. Dennis stated it doesn’t make sense to go forward to buy two more homes if they still have these vacancies. McGowan explained it’s within recent months to have these vacancies, they have seen referrals increasing. They getting more creative on where they’re looking for referrals and changing their tactics going forward. Other agencies have better staffing so they are giving them a lot more referrals. McGowan also noted that during COVID she was home and was unable to even know whose case manager was who because it was changing so often. They are now seeing more stability that way and referrals are increasing in the recent months. Reedus noted she is a little concerned about what they're still working on because a third of the money essentially has been awarded and they don't have a third of the project done. She asked what the timeline is for finishing that other stuff extending out of the $99,000. Reedus wondered if they are able to modify to funds spent at this point based on what they have done, and then recapture the other $99,000. Thul confirmed that is the direction staff is looking for, what should be done with that remaining $99,000. Thul added for all HOME projects they have to do HOME underwriting and vacancy rate is a part of that, they have to make sure the project can cash flow, so the higher the vacancy rate the more difficult it is to underwrite. She explained with the high vacancy rates, they wouldn't be able to underwrite one of these new projects at the moment. She did acknowledge that the vacancy rates have improved, but at one point it was almost 50%. Dennis asked then they could keep the house on Hollywood and then come back in and reapply for the others. Kubly confirmed staff is not recommended anything with the property that they already went through the acquisition, only the ones that haven’t proceeded yet. Dennis asked if Successful Living has the rental permit inspection. McGowan replied yes, Dennis asked how many bedrooms was the house. McGowan replied three bedrooms, She added they were hoping to maybe come back and revisit in this in December because just in the last couple weeks, with new staff coming in and getting creative with referrals they’ve got three people scheduled to be at Hickory and satisfy that creative affordability and so it was their hope that they could continue to try and do everything they can and maybe come back and revisit and discuss their progress in December. McGowan and Sanders explained they have been with the organization for years, in other positions, so they do have the history. Another thing they are trying to implement is reaching out to the City and try and figure out a way that they can utilize vouchers in their houses, they would hopefully be able to find a creative way to be able to have clients utilize vouchers. Housing and Community Development Commission September 16, 2021 Page 10 of 15 10 Dennis feels perhaps they should go ahead and get the rest of money back and then Successful Living can come back in because if they don't get an update until December that's really too late to figure out the budget for the next round. Kubly stated they usually put the applications out mid-December, so it'd be kind of around the same time. Drabek noted as they are seeing these projects one goal is using the money in the best way possible. With this case what gives him reservation is the best practice would probably be to recapture along the lines staff recommends, but he also feels there might be more they could do, this is the first time they are talking about this project, they haven’t been talking about it for months like the other one. He wondered if there is a way to recapture projects and put a note in there saying that the agency is eligible for the next application round and not hold the recapture against the agency. Reedus agreed she doesn’t think it necessarily is a bad mark but just for whatever circumstances they haven't been able to successfully launch the project so isn't it better to give the money to projects that can get off the ground. Dennis agrees and stated that nobody should get a bad mark for what's happened over the last year because it's been a very challenging year and Successful Living has a good track record, they have a budget, they have everything in order, they just haven’t been able to fulfill what needs to be done so it won't be very difficult to come back in for the next round. McGowan acknowledged they can understand the reservations. It's their understanding that the deadline for purchasing houses is June 2022 so they still have quite a bit of time to locate and then get those properties ready to go and start a period of affordability after that's approved. The deadline for filling Hickory is December and just in the last couple of weeks they have identified and located three clients that will be hopefully moving down there soon. Dennis asked if they can invite Successful Living back next month to see what's going on in November and then see where these projects stand. Kubly noted that would be fine it just gives them less time to make progress but if they would know their inspection status by November that’s two months out. Reedus stated the reason why she would want to go into November is because they gave Little Creations two months, she would like to see a progress report in November. McGowan noted presenting a progress report in November would be very doable for them, they could also come back in October if needed. Reedus asked staff about the vacancy rates and issues with underwriting. Thul replied the Hickory project is in danger of having the funds invested returned to HUD because there's an 18 month deadline and if the project isn't leased up then the funds invested in the vacant units have to go back to HUD. Also, they have to have a reasonable vacancy rate to be able to underwrite, usually that's around 5% to 10%, and right now their vacancy rate is 29%. Reedus noted it might be tough to see an improvement in 30 days but she is willing to do a 30 day check in and then maximum two months to see if there is progress. Drabek stated a benchmark would be the vacancy rate, especially in a big gap between 5% to 10%. Reedus noted some presenting applicants tonight have talked about being able to close that gap pretty quickly, so that may not be a problem. Reedus stated if they were to give Successful Living two months with the check-in period at the October meeting, that would still create enough time to recapture those unspent funds. She is not as concerned about the vacancy rate but rather really concerned about being able to find houses because real estate moves so quickly and that's a huge issue. McGowan said they’ve seen enough come through that they are confident to eventually being able to time the right ones, they might take a little modification, but they Housing and Community Development Commission September 16, 2021 Page 11 of 15 11 previously bought five-bedroom houses and now may need to change the model in what they look for in a house to be able to find the right kind of parameters. So, they're trying to look at every avenue and at other ways they can help their clients or residents getting rental assistance and other programs available that maybe they're underutilizing or are not fully aware of. Beining moved to invite Successful Living to the October 21 HCDC meeting to provide a status update on HOME funded activities, including the lease-up of the FY20 Hickory project and the inspection and rental permit progress for the FY21 Hollywood project. Nkumu seconded the motion. A vote was taken and the motion passed 6-0. CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT (CAPER): Drabek notes that the next agenda item is the CAPER and state that our main goal here is to provide any comments on the report. Reedus states that the report was interesting and that it is a lot of reading moving between the report and the various links. Doesn’t have any comments. Drabek inquired about the shelter projects which appeared to be form of an unbudgeted surprise sort of expense and asked if there are plans to budget accordingly to prevent that in the future. Thul notes that the winter warming shelter project was funded with CDBG-CV through one of the competitive funding rounds for nonprofit public services. Kubly states that the City does budget for the winter overnight shelter. Reedus states that she would love to see essential services through Aid to Agencies move towards a process of funding rather than an application. If she could make that happen during her 3 or 6 year term on HCDC that would be great. Reedus does have one question about the requirements to become a Legacy Agency after being an Emerging Agency. Kubly states that all the Legacy Agencies are listed in City Steps. A new agency would need to apply to be a Legacy Agency and the City Steps plan would be amended if approved. Kubly notes that there is an agency interested in applying and that they were asked to apply during the next application for Aid to Agencies to revisit at that time. Drabek notes that in the practical category there is a spelling error on page 38 where the Iowa City Police Department is referred to as the Policy Department. Thul thanked Drabek. Mohammed inquired about the delay on the two City parks projects. Thul explained that the derecho storm and the pandemic delayed two neighborhood improvement projects and that both projects have since been completed. Both activities will fall in FY22 for completion. Kubly confirmed that they were not closed out in time to include in the FY21 CAPER. Drabek states that nonhousing community development activities did not get as much attention and wondered if the delays related to the parks projects had something to do with that. Thul confirmed. Drabek moved to approve the CAPER as amended (typographical error correction). Beining seconded the motion. A vote was taken and the motion passed 6-0. OVERVIEW OF SCORING CRITERIA: A review of the scoring criteria. This is brought up especially for first year commissioners to see if anyone has questions. Dennis noted this is her first meeting as a commissioner however, when she was working she filled out these applications for many years and it can be frustrating as an applicant. The City HOME and CDBG applications were not the only funding application that she prepared in my career, but this particular Housing and Community Development Commission September 16, 2021 Page 12 of 15 12 scoring criteria was really more of suggestions for the commissioners who are scoring applications. Every other funding application she ever submitted had hard and fast scoring systems. So when an applicant is preparing a project, especially when it's a housing project, because that takes a lot of time and content, they can score the project before they even send in the application to see if it's even worth pursuing to try and get funding. For this particular system, applicants prepare an application according to these guidelines and then they get to the meeting, where commissioners have scored everything, and it's all over the map. There's not a lot of consistency in the scores. So she would like to either see some changes or also to see more of the goals for City Steps be used because City Steps is a prescribed document. The City's able to do some narrative but really, HUD says this is what has to be included in that report. So the scores need to match more to what the City Steps requires. Reedus agrees 100%, she has done many applications also and honestly when writing applications, they pay attention to scoring criteria. She urges them if they're going to include scoring criteria then they take it seriously. If the City wants the Commission to meet the highest impact areas of service then they need to start with high impact years of service. Reedus asked if the with the HOME loans is there a matching dollar amount required. Thul confirmed the City must match 25% for HOME. Reedus stated then nowhere does it ask if the agency is meeting the 25% match, if that is a hard and fast rule then they should be sticking to it. Dennis stated it's really the City that has to prove the HUD that the City has provided the information. The match can come from many forms, for instance if Neighborhood Centers received some HOME funds for rehab for their childcare, but the childcare is free, and they don't get any revenue from those they are providing the services to, they can say to the City that’s their 25% match. Thul confirmed the City has to demonstrate 25% match to HUD. She showed an example from the CAPER on how they calculated the match for FY21. They took several of the projects that were completed and were able to calculate the amount of property taxes that were forgiven as an eligible form of match. Dennis noted the match can be carried forward to future years if there is more than required. Dennis feels there should be more weight given to the applicant having the capacity to successfully complete the project. To be good stewards of the money when they provide recommendations to City Council they should make sure that the applicants have good capacity to work with staff and carry out their projects. That should be weighted a little bit more. Drabek’s sense is that they all likely disagree with at least one of the ways the scoring document weighs things. He thinks those other financial resources should be weighted less than it is and then does the project provide a long-term solution to identify should be listed, but probably one of the difficulties that they tend to have and shows some of the good and bad of the criteria is telling the difference between a really good project and a really low scoring project. Looking through some of the history of allocations is pretty rare for anything to be scored under about 60. In most years they denied everything that is was scored under 60, but then it starts to get really tricky between the 70s and 80s, there's rarely a meaningful difference between those projects. He stated they use the scores as a starting point and bring the scores to the table and where they see some small differences, that's when they start getting into the strengths and weaknesses of particular application and looking at more details such as finding a long term solution to the problem or leverage of other financial resources. Sara Barron (Johnson County Affordable Housing Coalition) stated there are nine individual commissioners whose scores translate into those means scores and that is really where the variability happens and where the test of the rubric as a tool happens because nine scorers should use this tool and come up with mostly similar scores if the tool is a reliable way to assess. She has not seen that action, she has seen flat scores, so that's something for them to think about, the validity of the tool. The other thing she wanted to emphasize is the City used to give money to people who provided the essential services and didn't send it through this whole process. That may have been more for the Aid to Agencies process and not HOME or CDBG. Barron noted they keep having these conversations each year because the process is still not quite right, but as Reedus and Dennis have noted nonprofits really depend on these local resources to execute projects, they put a lot of work into the applications and then in the fourth quarter the Commission comes up with wildly different ideas about the same application. It's Housing and Community Development Commission September 16, 2021 Page 13 of 15 13 pretty disruptive with that variance, so she just wants to reinforce some of those methods and the best thing that can happen is to be as clear and as consistent as possible in letting people know what they're doing and what are those benchmarks. Drabek acknowledged they have discussed this for a long time in a number of different ways and does feel like the point system probably provides a misleading impression, and the impression that there is a precision of some kind that probably doesn't exist. He looks at it as a way to guide conversation. He stated they discuss what they want to prioritize and the answers they come up with here each year are fairly consistent. The highest scores get funded the largest percentage of funds. Reedus stated she will have to sift through this process and see how it goes, her only point of reference was as an applicant for Aid to Agencies and to be honest she didn’t know what the heck those scores meant. One year she was upset because the as the former director of Community they had the highest score and were high impact and were getting one of the biggest cuts. She will sit through this first year process and see what happens, but she won't sit passively if she thinks something is unfair. Kubly stated when they do the regular annual allocation, at one of the meetings before they put the application out, the Commission will have to approve the scoring criteria so that'll be a good time to implement any changes Reedus asked if this Commission will be doing a special funding round of ARP funds. Kubly replied probably at some point but don’t know yet when. Nkumu stated what he is hearing is that the scoring system is probably subjective but does wonder if there a better way to do this. Thul stated if they want to get in the weeds on changing the scoring criteria they should probably put it on an agenda, because this agenda item was just intended to be an overview. If it's something they want to revisit for an upcoming funding round, they can put it on an agenda for approval or adjustment. Reedus suggested in addition to scoring the applications it would be helpful to have a comment section to spark conversations and help the Commission to go back to the application and maybe reread something a little bit differently. Beining asked if applicants are required to submit a engineers projected budget. Thul said they typically ask for a scope of work with a CDBG project and people will submit bids or an estimate. Thul also noted for example, if a project is funded, for the underwriting they have to see certain documentation of fiscal capacity and those kinds of things to be able to underwrite the project. So technically even if a project is awarded, it's possible that the project wouldn't go forward if they couldn't demonstrate those things for underwriting. Kubly confirmed that staff includes those types of notes on the cover sheet for the Commission. The Commission reviewed scores from previous funding rounds and Thul noted the Little Creations project from FY21 didn't really have a great score and perhaps that could have been an early indicator that there may have been problems later. Drabek noted that did come up at the time and that score was a factor and there was disagreement about the score, the prioritization, or consideration of trying to find a wide range of agencies that might be able to reach varied populations. Reedus thinks those kinds of issues might come into play more with the newer emerging organizations or with organizations like Little Creations they might agree it is a high need area. However, if the agency doesn't have capacity to manage the project then they end up recapturing the money. Drabek noted in summary everyone should take the scoring criteria seriously, though, they're certainly not required to follow them exactly, it's always important to look at things seriously and correlate them with funding levels. Housing and Community Development Commission September 16, 2021 Page 14 of 15 14 Reedus noted if there is a project for a specific, vulnerable population, maybe it needs to be higher score, there's some targeted areas the City would want to fund, and maybe that needs to be higher scored to pull them out. Dennis noted but even that that's subjective, what applicant ever comes in here that doesn't provide some sort of service to a vulnerable population. Reedus noted priorities are listed in City Steps but she wouldn't mind the City giving this Commission a little more direction and guidance. Nkumu stated he first has to look at the information provided on the application and then first look at the higher scores and go through the process from there. Drabek is skeptical of the idea of removing the human element and doesn’t think they will ever come up with some score and just go with it. If this is put on a future agenda they need to come up with a plan on what they want to see. Overall he thinks the system works okay. Dennis noted the staff cover sheet is very good and wondered when they will get to see recommendations from staff. Thul said staff will share their recommendations at the next meeting. She will need the scores early, maybe a week before the next meeting, and then staff could get the staff score and recommendations out to the Commission. Reedus stated it would be helpful to have the staff scores and recommendations and cover sheet before the commissioners do their scoring. Thul said the next meeting is the October 21st so they could try to have staff scores by the seventh and the Commission could submit their scores by the 14th and that gives everyone a week to digest. IOWA CITY COUNCIL MEETINGS UPDATES: Two Commissioners are assigned each month to monitor Council meetings and this agenda item provides an opportunity for brief updates on City Council activity relevant to the HCDC business. Commissioners will not engage in discussion with one another concerning said items. No updates covered at the meeting. HOUSING & COMMUNITY DEVELOPMENT INFORMATION: Thul put a calendar together for HCDC showing an overview of the funding rounds. In November they’ll review the FY23 application materials. ADJOURNMENT: Reedus moved to adjourn, a vote was taken and the motion passed 6-0. Housing and Community Development Commission September 16, 2021 Page 15 of 15 15 Housing and Community Development Commission Attendance Record 2021-2022 • Resigned from Commission Key: X = Present O = Absent O/E = Absent/Excused --- = Vacant Name Terms Exp. 8/20 9/17 10/15 11/19 1/21 2/18 3/11 4/15 6/17 8/19 9/16 Alter, Megan 6/30/24 X O/E X X X X X X X X O/E Beining, Kaleb 6/30/24 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X Drabek, Matt 6/30/22 X X O/E X X X X X X X X Dennis, Maryann 6/30/22 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X Lewis, Theresa 6/30/23 X X X X X X X X O/E O/E O/E Mohammed, Nasr 6/30/23 X O/E X X X X X O/E X X X Nkumu, Peter 6/30/22 X O/E X X X X X O/E X X X Reedus, Becci 6/30/24 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X Vogel, Kyle 6/30/23 X X O/E X O/E X X X X X O/E MINUTES FINAL HOUSING AND COMMUNITY DEVELOPMENT COMMISSION OCTOBER 21, 2021 – 6:30 PM FORMAL MEETING ENVIRONMENTAL EDUCATION CENTER MEMBERS PRESENT: Megan Alter, Kaleb Beining, Maryann Dennis, Matt Drabek, Nasr Mohammed, Peter Nkumu, Becci Reedus, Kyle Vogel MEMBERS ABSENT: Theresa Lewis STAFF PRESENT: Erica Kubly, Brianna Thul OTHERS PRESENT: Simon Andrew (The Housing Fellowship), Hailey Behmer (Unlimited Abilities), Crissy Canganelli (Shelter House), Charlie Eastham (Center for Worker Justice), Simon Fall (Unlimited Abilities), Karen Fox (Center for Worker Justice), Roger Goedken (Successful Living), Kevin Sanders (Successful Living) RECOMMENDATIONS TO CITY COUNCIL: By a vote of 8-0 the Commission recommends the following CDBG/HOME funding allocations to Council. CALL MEETING TO ORDER: Drabek called the meeting to order at 6:30 PM. CONSIDERATION OF MEETING MINUTES: SEPTEMBER 16, 2021: Dennis moved to approve the minutes of September 16, 2021, Reedus seconded the motion. A vote was taken and the minutes were approved 7-0. Housing and Community Development Commission October 21, 2021 Page 2 of 17 2 PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: None. UNSUCCESSFUL AND DELAYED PROJECTS POLICY: Staff requested direction from HCDC in September on the remaining $99,010 in FY21 HOME funds allocated to Successful Living for the purchase of two additional homes. Staff recommended the recapture of remaining funds ahead of the FY23 funding round scheduled for winter due to risk factors detected during monitoring, but the recommendation was not accepted by the commission at that time. Roger Goedken (Successful Living) provided an update to HCDC at the commission’s request. Goedken noted when he read the minutes the commission had concerns about a few things. One is the vacancy rate or the occupancy of the properties that they have. They have been tracking it and have shown improvement since May and continue to do so. Their vacancies are down to 10 currently and they are due to give another report at the end of this month or first of next month and they're on trend to continue to maintain that improvement. Goedken noted there's always some things in flux, but right now they still have improvement from the 10 and he thinks they may have a couple tenants that might move out for certain personal reasons, but the occupancy is continued to improve. Other things that were noted was getting the period affordability started, which they did do that earlier this month, so that satisfied. With the property at 1340 Hollywood the rental permit wasn't obtained because they had issues with contractors and such which delayed things pretty significantly but they have those things rectified and addressed. They were able to submit and get approval for the rental permit at 1340 Hollywood on the sixth of October, so that's satisfied. They also have three residents pending to move in, looking at about November 1 for that to occur. Goedken believes they’ve satisfied everything that was asked for and then maybe some. Drabek doesn’t recall offhand within the vacancy rate was before but it was quite a bit higher than 10% correct. Goedken replied it’s more than 10% and clarified that they have 10 units open. Goedken said they have 41 federally funded units so 10 out of that would be around 24%. Drabek recalls it was hovering in the high 20s low 30s before so it's down. Drabek noted the commission had discussed the issue of seeking the ability to take voucher recipients. Goedken stated they’re looking at that and have been in contact with multiple people but they haven't really gotten to the point where they've been able to utilize somebody with a voucher at this point. Goedken noted it's something they're definitely interested in pursuing. One of the barriers that they've had throughout COVID is their usual referral sources and the usual sources that would assist with rent base have dried up or change their approaches so it wasn't utilizable. But in the last couple few months they've been starting to see a thaw in things and a definite improvement in the referrals that they have. Alter apologized if this was covered in the last meeting because she was unable to attend but looking through the notes she wonders if they are having any issues with the vacancies because of staffing. Goedken replied it is a factor, but it’s not the reason, it’s really been the referrals. Alter asked if they were able to get more units would that stretch staffing or at what point would they be concerned about the ratio of staffing to units. Goedken replied with the current properties they have, they don't really have any concerns, they have plans and people hired and trained and are still continuing to do some more hiring because they want to have more but they have enough coverage for what is required. Goedken also spoke about was planned for the down payment funds, the $99,010, he had mentioned in the marketing report he sent in that they could, and have, pursued purchasing houses in the latter half of the fiscal year, successfully as well. He noted this is a really wacky housing market and they had looked at a couple earlier, but they go fast and they go high. He also noted they do have formally till June 30 to expend those funds so he doesn’t think that there's any major pressure as far as that goes. His intention would be to pursue seeking houses in December if that would be approved by HCDC. Housing and Community Development Commission October 21, 2021 Page 3 of 17 3 Reedus noted stated they heard last month from the staff that was present that the changes in funding coming through PCR had a big impact on their ability to find individuals who have income to move into those houses, is that going to be an ongoing factor moving forward. Goedken confirmed for that source, yes. Basically, what happened was last year in July they changed their rules as far as what can qualify for that housing assistance and in that living source. Goedken has talked to the regional executive director on more than one occasion but they’re not going to change that specific rule. However Goedken noted they have found other sources to help with that and it's helped them to grow and think outside the box a little more. Drabek asked if the agency will be invited to provide a November report in person or just provide a written report in the agenda packet. Thul said that is up to the commission. Goedken asked what detail the commission want moving forward in next month’s report. They do provide the occupancy report monthly. Drabek is personally interested is the occupancy and vacancy issue, Goedken noted that’s in the report that already goes to City monthly. Dennis asked if the commission wants to see any marketing efforts. Thul stated they would want to know ahead of the next funding round if there was going to be a discussion about recapturing funds. Drabek noted if there were discussions about recapturing funds they would want to invite that person and not just have a written report. He was not planning to have a recapture discussion but they could if they wanted to. Reedus would want to know from the City what are the goals in terms of what is full occupancy and a timeline. Thul stated they can't underwrite a HOME project until the vacancy is at a reasonable rate meaning 5% to 10% as a benchmark. So staff’s question to the commission is do they want to keep the funds with Successful Living and allow them time to improve the vacancy rate or do they need to have the discussion of a potential recapture before the next funding round. That is the direction staff is looking for. Reedus noted to get to that vacancy rate it would mean eight of the ten open would have to be rented or occupied, what is the timeline for that and if they didn't meet that when would the City need to recapture the funds. Thul stated they approve the materials in November and the funding round opens in December and runs through January. Vogel thought it was in the spring and they had some time but filling ten units at this time is not going to be easy to do, especially if they're not taking any vouchers. He feels they would want to have a discussion at the next meeting and make a decision on whether to recapture with the understanding that obviously when vacancy rates get better, they can apply for more funding in future funding rounds. If the City can’t underwrite it then it's pointless to keep funds out there. Vogel stated they do have to have that discussion in person and have that vote on the agenda for next month to pull those funds and reuse them in December when they start looking at other candidates who can use those funds in a more imminent way. Goedken added that by HUD rules they should have until June 30 to spend these funds, not till the next funding round, in December. HUD rules do state they have that much time, eight months or so. Drabek noted essentially they’re looking for a reduction of vacancy from 10 units to 2 or 3 units by next month. Thul stated there's nothing to say that they can't leave the funds in that project but it would be with the understanding that that money would be pending vacancy report improvements to be able to move forward. Housing and Community Development Commission October 21, 2021 Page 4 of 17 4 Vogel asked about the HUD rule and is that an issued if the commission recaptures funds. Kubly noted with HOME funds they have longer than CDBG funds, there's usually a two-year commitment deadline from HUD but that's waived at the moment. Vogel would like to have it clarified because if it is an issue where they can't pull those funds due to outstanding requests require on the back can staff report on that because then there is not need to have that discussion next month. Thul replied the requirement is that they have a certain period of time to spend the funds she believes four years. Kubly noted the issue with December is that they want to know ahead of the funding round whether they have more funds to allocate to other projects, it's not a hard and fast deadline that they need to deal with next month. It's just if they wanted to recapture those funds and give them out in the next funding round, it has to be dealt with next month. Vogel asked if Goedken is saying HUD says the City can’t recapture those funds. Goedken replied what he is saying is that they are legally allowed until June 30 to spend those funds. As far as trying to recapture that he doesn’t see an urgency to do it now because there'll be another funding round next year in April or something like that. Reedus noted the commission is discussing this project because it is listed and labeled as an unsuccessful or delayed project so it must be past some deadlines. She requested staff go through the deadlines again. Thul stated these were FY21 funds and the reason they brought it to the commission as a part of the Unsuccessful and Delayed Projects policy is that there are a number of risk factors associated with the projects, vacancy is one and also some of the other issues were listed in the last packet, like the rental permit delay. That Hollywood house that closed in February, it just got a rental permit but hasn't been leased up yet. So when staff review projects, they see all those items as risk factors. For example, that Hickory project that finally leased up was two months shy of having to have funds repaid to HUD and that becomes a pressure point of trying to move the projects along. Vogel asked about the funding round in April. Kubly explained that is this funding round, the applications will go out in December, are due in January, but the commission won't do their recommendations until probably March. Vogel stated then if they recapture those funds and those funds were available, there's nothing stopping Successful Living from reapplying for those funds at a point when their occupancies are back up. Dennis stated they would have to be back in the applicant pool for those with eligibility. Goedken stated that they utilized HOME funds with a total of 10 houses successfully overall. He acknowledged it’s been a uniquely challenging last year and a half and they definitely suffered a lot of ways and occupancy is one of those. Also, the population they often serve is one that has a lot more transient, their AMI is closer to 15% on average, and that indicates that they're taking some of the harder cases or persons who are challenged against as far as residency and staying at the one place. They are not going to see that with an average landlord. He asks the commission to have a little understanding of discretion as those persons that are in their houses versus the typical landlord. Those are the challenge they have, because they can bring in 10 people but might lose 3, 4 or 5 in that period too. They had one last month that had a parole violation, nothing they can do about that, another one went in the hospital with significant mental health issues. So there's things that are beyond their control to contain. Goedken stated they have shown solid diligence over the last month plus and satisfied everything that was asked. He really prefer not to have to recapture the funds and then re-ask for them, that's a large process that is pretty involved for providers. He stated they have a history of utilizing the funds very well and this $100,000 is still well put with them. Dennis asked about when the City would have to send money back to HUD. Thul stated there are variables. For example, if they buy a house and they couldn't lease the units, then there's the possibility of having to repay to HUD for the units if they're still vacant. There's also the possibility of them leasing up initially and then going vacant, like there's a federally funded project right now that's been vacant for over a year, so there's a lot of unknowns and variables but typically the City has four years to spend their whole grant. Housing and Community Development Commission October 21, 2021 Page 5 of 17 5 Kubly added for this particular project if they weren't able to proceed within the two-year HOME allocation deadline they’d probably amend the agreement and just go with that one that they've already done. There are other vacant projects that need to meet specific HOME deadlines, when a organization acquires their property they have so long to lease up that property and if they don't do it within a certain time the funds have to be repaid to HUD. So what they’re working on right now is making sure that they're able to lease those up and not have to trigger those HUD deadlines. Vogel asked if historically Successful Living has ever had a problem. Kubly states they have never had to repay, they got very close with the Hickory project. Vogel asked if they keep an escrow account in place to pay back those funds. Goedken confirmed they have funds. He did also want to highlight that the only deadline they missed was that six month for the 1340. Hollywood and HUD does allow 18 months total if needed, and by the end of the month or early next month they’ll have people moving in there. Beyond that, the only next deadline will be next year sometime. Dennis stated the commission does need a report in November and then they can make a decision then. Drabek asked if the decision would be recapture or revisit closer to June 30. Dennis said if they don’t recapture then that’s the only other option for Successful Living. Goedken wants to know what the expectation is for the report next month because an occupancy of 95% is unrealistic for their population, he would ask that they have more flexibility or leniency as far as that goes. He noted there is progress moving in the right direction and a new agency is going to take a year or whatever to fill those number rooms as well. Vogel agrees that 95% is a crazy number to try to reach in Iowa City in the rental market overall right now. He thinks 10% is a reasonable number to achieve and for the City to expect. Drabek noted when they're talking about 41 units it gets hard to sort of distinguish 5% or 10%, it’s just a distinction between two units or four units, he thinks they need to set something a little bit concrete, but to only have two units vacant by next month is unrealistic. Vogel asked then what do they consider as a commission a happy movement forward, he is in the business and to reduce occupancy by 50% would be tough, and to find qualified applicants, but 33% of the vacancies to be occupied or at least to have a lease in place seems reasonable and he would be comfortable with that being positive movement forward in a month and at that point he wouldn't feel the need to push further for recapturing. If they can achieve 33% then it puts them in a position that by the time next June comes around, theoretically, they’ll be on that right path and moving forward towards having the project completed. Drabek agrees and would take seven vacancies as evidence of good progress. Goedken stated they have two or three very probable tenants’ lines up for the Hollywood property on November 1. He did note again there might be attrition so that's going to be part of that factor they might fill six and lose three or something like that. Mohammed asked how far from the deadline is Successful Living. Thul stated the most recent one would be the Hollywood project and that is at six months but now they have a rental permit, and it sounds like there's potential tenants lined up. However, there's two other acquisition projects in the FY21 project, there's going to be three homes total. Staff’s question for the commission was should they allow those remaining two homes to go forward, or should they put the remaining money into something that might proceed in the more immediate future. Goedken clarified they would have until June 30 to purchase two houses and have 18 months to occupy them, but of course they’d like to do it in six months. Vogel asked about where they get leads for tenants from and stated places like the Shelter House are seeing increases now that the moratorium is over, so is Successful Living getting leads from them or from Housing and Community Development Commission October 21, 2021 Page 6 of 17 6 Veterans Affairs over in Coralville, or where. Goedken stated their funder referral sources are the Integrated Health Homes which are managed care organizations that oversee all the human service stuff, and they give most referrals. They get some from the University of Iowa, some from Department of Corrections, Shelter House goes through the funder sources, they don't come to Successful Living directly. But to answer the question they’ve seen an increase as far as the amount of referrals. Vogel asked if most are SSI tenants. Goedken confirmed they are all Medicaid. Vogel motioned to request a vacancy report from Successful Living ahead of the November meeting with the understanding that if more than 7 federally funded units remain vacant, the commission will discuss the recapture of remaining FY21 funds. If 7 or less units remain vacant, the discussion will be deferred until June of 2022. Seconded by Drabek. Motion passed 8-0. DISCUSS FY22 MID-YEAR FUNDING REQUESTS (CDBG/HOME) AND CONSIDER BUDGET RECOMMENDATION TO COUNCIL: Drabek suggested they start by looking at any issues with the scores and rankings and then have a discussion of funding allocation. He noted he didn’t really see any major differences or ambiguity in scores from commissioners. They were similar, at least on the individual questions, where he saw major differences in range were on the questions he didn't expect to have differences in range. Really the only differences were on the question of does the project leverage other financial resources or what primary percentage median income persons are targeted. At least by attempt those are supposed to be objective questions that have the same answer. Drabek noted they talked about looking into rubric revisions in the future and that might be one area. He thinks where some of the ambiguities came from, at least on what a percentage median income people are targeted is some projects targeted multiple median income ranges and maybe some of them did an average and some of took the higher and lower. In the area about leveraging other financial resources, some of the projects leveraged internal resources and some of the projects applied for but had not yet received funding. Reedus asked if there is an expectation from the City in terms of what percentage should be leveraged from elsewhere. She doesn’t think there's a difference if an organization uses its own funds, they could have some sort of designated funds available for that, or they seek other funding, whether it's fundraising dollars or grants or something, but is there an expectation of how much. What is the minimum they should be leveraging other funds because that was a difficult one for her because to compare an agency like Shelter House they may have the ability to have extra funds to use for leveraging but other organizations don’t have as much. Kubly stated in the application guide the City recommends or suggests 25%. Alter noted this has been a question ever since she’s been on the commission and been up for a difference of perspective in does a lack of leveraging additional funds do not indicate strength or weakness, but does it indicate a much more need for the money. There's a lot of different ways to look at this and the City has recommended on balance and there be more evidence of that shared ways of obtaining money. Alter noted however, it's always still a question to her about is that the proper way to look at it because one can argue that those relationships and those ties to places that have additional funding sources will then perhaps have an advantage over the places that that don't have those resources. It's both a point of interest and a point of pain. Vogel agreed with what Alter was talking about, because looking at the Green State and the City Down payment Assistance, they have all the leverage in the world. The City has tax funds and other sources of income and the Green State Development are literally working with a bank. So in that case, even though the leverage was huge, they've absolutely got all this ability to get other assistance, he doesn’t feel that Housing and Community Development Commission October 21, 2021 Page 7 of 17 7 makes them a more worthy project in any way, then Shelter House or The Housing Fellowship or Unlimited Abilities who obviously don't have that kind of pocket available to them and may not have the same amount of partnership resources. He looked at it as a very objective score, who has a pocket full of money to the side that they can borrow, who's got 50% of their project funded from someplace else, but it was a tough one subjectively because it didn't really speak to the value or worth of the project. He had a really hard time with the City and Green State. He does have the question of if the people with down payments, are they getting a loan through Green State as well, if so the Green State obviously has a vested interest in collecting the interest payments for those 20 and 30 year loans down the road. It’s hard to believe that even if they didn’t get this down payment assistance that somebody like Green State can't come up with $50,000 or $75,000 on their own to put towards eight homes at 20-30 year mortgages making even 7%-8%. So he definitely scored lower on more subjective stuff he could score on because he was trying to offset that hard 25 they absolutely had for the financial circumstances. Reedus noted her perspective is if they’re going to say someone organization will get a pass because they'd have a hard time matching then let’s not have it on there, they have to have some rationale for a score, that's what applicants are expecting. So if it is 25%, and they don't have that 25%, it should be a zero in that box, that's what applicants are expecting and then the commission has some rationale for the scoring, Dennis thinks it's difficult to say that a certain applicant has to meet a certain percentage of leveraging funds because they have to consider the whole thing, they have to consider the population that they're serving, the income levels of the of the population that they're serving, how the rents or the mortgages can be paid and that's really difficult. In her experience, the industry standard is that $1 of public funding to affordable housing would leverage about $7 of other sources, whether that's other public sources or private sources. And she would think that all of these applicants have banking relationships. Vogel agrees but Shelter House isn’t putting their clients in touch with Green State Credit Union to get loans that they're going to pay for 20-30 years. Dennis is taking about the whole concept, not just Green State. Reedus noted that here they’re talking about per the application, they're asking for $100,000, how much are they asking for from us and what other funding do they have as leverage. If they shouldn't be asking that then they should not ask it, because what gives them difficulty is the way they're scoring when they don't understand how they should be scoring, then it skews what might otherwise be a first place applicant to the third place. There was another question, the primary percent of median income targeted, for which she created an expanded scale so that if somebody fell in the middle she gave them five points or even 15 points because she wanted to be fair. She wants to be able to explain to an applicant why she gave them a particular score. Alter asserted they are not just throwing darts at the board, and they are adhering to the rubric. She acknowledges the point that, certainly, for the applicants, they want to have it clear and want to have rationale for them and that happened to the best of their ability. Reedus is just suggesting if they want to say it’s okay if an applicant doesn’t have the 25% then they take that score out, they don't need to have that score to come up with a total. If it does stay in the scoring rubric than anybody that doesn't have the 25% should get 0 or 1, whatever is the lowest. Dennis noted however for tonight they already have the scores turned in. Drabek noted in theory, but they very well could redo them in certain limited ways, it has been done in the past. One of the strange things here is that there really is no need to redo them, because their scores are very similar. Scores are almost exactly the average on all five agencies. He was noting a couple of particular ambiguities in the questions that might explain what little differences they did have, which is just when an applicant falls into multiple median income ranges, how do they adjudicate between those scores, do they give them the higher score, the lower score, an average. Housing and Community Development Commission October 21, 2021 Page 8 of 17 8 Reedus thinks as long as they are consistent in the scores and as long as they can justify to an applicant how they came up with that score, that's fine. Drabek noted the other ambiguity being what counts as another financial resource, if they just had a brief description of that it might help a little bit on that question. Dennis believes staff providing input may have been a factor for not having a wide variation of scores, it was helpful. She didn't necessarily follow it but did use it as a guide. Drabek appreciated having the top line number but not the actual breakdown on every question, that might have been a bit too much guidance. He would suggest the commission next year does the same thing, just the big number but not all that breakdown of every question. Dennis asked as just a point of process, for the City that submits applications and then the City scores the application, is the person who submits the application the same person that scores the application. Kubly confirmed they are scoring themselves, but the commission is making the ultimate recommendation. Dennis noted however the commission got a memo saying that the commission can't talk to the applicants, but if the applicant is the City the commission has to talk to the City. Reedus noted she asked about this at one of the last meetings because reviewing the City application is a little intimidating in this process. Drabek asked if they want talk about the rankings, Shelter House scored the highest, that seems to be pretty clear, but it is a little bit closer with some of the other applications. Thul showed the staff recommendations for the funding and noted the commissioner scores as well. Drabek had one question about the staff recommendation, they can look at this in absolutely dollar amounts or percentage of requests. But if they start with absolute dollar amounts, then there's a pretty good correlation here between score and recommended allocation, the highest ranking applicant gets the most absolutely dollar amount and for the most part it goes down from there. Obviously, if they look at it as percentage of request, it's very different in some ways, almost the opposite. He’d like to hear more about is the what's going on with the CHDO Reserve, is this is money that could only be used by the Housing Fellowship. Thul confirmed they are the only ones that can get that money because they’re the only provider under that definition. Drabek questioned though why it is important enough that $80,000 of HOME funding goes to the lowest scoring applicant. Why would it not be a better decision of the commission to take the rankings very seriously and award that $80,000 to a couple top scoring applicants. Kubly explained the City wants to see a successful CHDO Reserve activity so they felt that was even though they had a lower score it was important to set that project up to be successful. The CHDO is so important to the HOME allocation and The Housing Fellowship is an experienced agency. Dennis is wondering why if a Shelter House gets such a high score, why the City would only recommend half funding of the request. Kubly explained they were looking at it as absolute dollars, rather than percentage, and just looking at all the applications as well. They did get the highest allocation of all the requests. Alter asked if in the past, have there been projects that simply were not funded. Kubly confirmed there have been. Alter does think that these projects are worthy of funding and that too is part of the logic of what the City was looking at when they were making recommendations for the dollar amounts. But the bigger question is the scores are one thing but are they going to fund based on absolute dollar or percentage of very high scoring projects. Are there guidelines in place or is this where that subjectivity comes in. For this particular round, these are all worthy projects and therefore, to the extent that it's possible they will fund them in accordance with the scores, proportionally, but everyone will get some money, whereas in some cases, the projects just don’t get funded. This question circles back to letting Housing and Community Development Commission October 21, 2021 Page 9 of 17 9 the applicants know what they can expect. Coming up with scores can be painstakingly work but then at the end of the day what they want is the money, the funding. Does the commission need to have a similar conversation about applicants having an understanding of scores and if they are underneath a certain score, then they are not funded. Drabek stated they have one good thing that they could use, it would be the capacity history section of the rubric because if they see low scores there that's really concerning. The problem he has this time is they gave every application a perfect score on that section, he did not have any reservations at all with any of the applicants on that section. Dennis looked at the readiness to proceed, this is only her second meeting and they’ve already recaptured funds from one project and possibly doing it to another. Shelter House is already past ready, they have applicants who have identified properties that they're ready to purchase, they have applicants that propose to acquire properties they have identified and haven't bought for the City because the duplexes are still occupied. It wasn't clear to her that all of the projects are ready to go and she thinks that's important. Vogel stated first he thought staff’s recommendations were great and he understood where staff was coming from but the minute he saw scores, and the minute he saw the recaptured and the CHDO he was like The Housing Fellowship is going to get the money and they got the lowest score. They’re getting $77,000. Unlimited Abilities does great work, but they have had some issues with getting houses, buying houses and putting people in houses and have vacancy issues as well. And the regarding Iowa City and Green State, as he mentioned earlier he has a little bit of an issue with the whole giving Green State money to give down payments to people who are then going to pay them for 30 years. He would rather see a bigger chunk of that go towards just the City, a lot of City’s down payment systems comes out from other funding sources, or the general fund, but if they have HOME funding he’d rather see the money that's in the City of Iowa City and Green State and possibly the Housing Fellowship go towards down payment assistance from the City of Iowa City, which is not a program he’s a huge fan of for the record, but it is a program the City is doing. And then, the Shelter House over and over proves that they can do big projects, providing massive amounts of support to huge amounts of people, and get it done. He would allocated $77,000 CHDO, $78,000 to Unlimited Abilities, maybe $50,000 to the City of Iowa City and Green State, fully funded $100,000 to the City and put the rest to Shelter House. He does feel Unlimited Abilities should get the $78,000 recapture as it’s for housing. Reedus stated the Green State is a down payment assistance program, and the City was purchasing duplexes in the south district also as a down payment assistance, which targets different income levels and that's a huge difference. Shelter House got a huge score because they're in that lower income range where Green State and the City lost points in that section a little bit. She also struggles with how they divide up the pot of money when they have one applicant that does really well but they do have to take into account how they want to target this money, and it's not just the lowest income class, but there is a medium range. Down payments are hard for working folks to come up with and the beauty of the Green State program is coming up with money that can assist people in buying homes. Shelter House asked for $500,000, which was actually the entire pot and she doesn’t disagree with that because they demonstrated the need, but they can't give the whole pot of money to one organization but the lowest amount she would want to give them is 50% of the pot of money. Drabek agreed with that. Drabek suggested they start with things that they could endorse, at least $250,000 to Shelter House and he was certainly convinced by the City's reasoning for giving the CHDO money, at the very least, to the Housing Fellowship. Alter is proposing zero allocation for Unlimited Abilities, Dennis agrees with that. Drabek noted if they are going to go the route of funding one agency zero, based on a combination of the scores, plus other considerations, that is the only application that they could really do it because the Housing Fellowship has to get the CHDO funding Housing and Community Development Commission October 21, 2021 Page 10 of 17 10 Reedus acknowledged the Housing Fellowship scored low, however the difference is that they're proposing to rehab a three to four bedroom home and that's a little bit different niche and there aren’t many of those in the community so she suggest they try to pull the Housing Fellowship up from the depths because of that one issue. Vogel asked if the CDBG funds are available to the non-legacy applicants. Didn’t they do some kind of mid-year round of funding for smaller non legacy emerging agencies. Kubly replied no, they can only use so many CDBG dollars for public services. Drabek asked if there are any applications here that are ineligible for CDBG funds. Thul stated CDBG cannot be used on construction of rental housing. They’ve gotten around that before by doing a lot acquisition but since this is already owned by Shelter House that would be not a use of CDBG. So if they wanted to move the $78,000 recaptured CDBG funds, it could not go to Shelter House but could go to either of the City down payment projects. Vogel would rather see that money move forward to the next round, he is just not excited about the whole down payment assistance programs but if anything he would rather fund the one that's coming straight on the City coffers than the one that's once again a back end agreement with Green State. But if everyone else is more comfortable with going ahead and getting rid of that $78,000 this round, he’d rather it go to the City South District Program and fully fund that $ Alter noted both programs actually have some value as it is down payments going for people who could be first time homeowners, it’s geared towards unrepresented minorities as potential property owners and that gap is so huge. This program is attending to a pretty stark statistical and lived experience of too many black people being turned down for mortgages and this is helping them gain equity and really create legacy for families. Vogel stated he will support this commission if they decide to put that money there, he will vote for it, he just won’t be the one who made the motion. Reedus agreed and noted she did score lower because of AMI but because what she heard at one of the first few meetings is that is that there isn’t enough housing for some of the large families the Housing Fellowship does fill a need there so she is in support even though they scored low. Vogel asked what the Housing Fellowship’s current vacancy rate is. Simon Andrew (The Housing Fellowship) replied it is roughly 10% but that's largely being driven by the project from last year, their nonprofit entity is closer to 7%. Nkumu asked staff what the rationale for awarding funding to the Housing Fellowship is when Unlimited Abilities scored higher than the Housing Fellowship. Kubly explained staff recommended the HCDC recapture CDBG funds from Unlimited Abilities. The additional funds for the Housing Fellowship is because they're CHDO and so they're important to the overall HOME allocation and are required to do so many total projects, and this will allow them to carry that out. Vogel noted staff did recommend $80,000 from HOME to the Housing Fellowship and $0 to Unlimited Abilities. Was that because of the FY21 issues and the accounting issues. Thul noted HOME has a lot more regulatory requirements so they thought CDBG would be easier for them to administer. Drabek suggested perhaps they use staff recommendations with the exception that they took the $78,000 CDBG money and distributed it between the two City of Iowa City programs. So there would be $100,000 for the South District Program, $50,000 out of HOME funding and the other $50,000 would be recaptured CDBG funds. And then $120,000 from HOME for the Green State and $28,000 from the recaptured CDBG. Housing and Community Development Commission October 21, 2021 Page 11 of 17 11 Reedus asked if Green State doesn't get all of its money, and the allocate them $100,000 instead of $150,000 they will still be able to move forward, but what happens if the Iowa City South District project is not fully funded. Kubly stated they would typically offer $25,000 per unit and so if they could get funding in increments of $25,000 that would help them with allocations, if they $50,000 they would just do two units instead of four. She noted they're duplexes so they typically come into two at a time. Reedus also asked Andrew what happens if the Housing Fellowship got less than requested. Andrew replied it depends on if the 77 will be paid back or not, the other 80 they are envisioning as a loan they will pay back and they requested the other half to be forgivable at the end of the period of affordability. So if the 77 was forgivable, they'd probably still move forward with it. Reedus asked if the Shelter House request for $500,000 goes to their bank loan, and any money they get will help alleviate that so costs can be spread to the program and have less overhead costs going forward. So, the question is if the allocation is less than $500,000 isn’t going to prevent the project moving forward, anything received will apply to lower overhead costs, correct. Crissy Canganelli (Shelter House) confirmed that, the worst-case scenario is 0% as that produces the commercial debt for 3.5%. So to reduce that commercial debt is what they're looking at right now. It is a forgivable loan and reduces the overall loan and that's where that liberates money for the overall operating costs. Reedus just wanted to make sure they would not be giving a program difficulty if they reduced allocations. Drabek noted it seems like they’re trying to balance on one hand respect for the rubric scores and on the other hand maintaining of the City’s HOME funding and perhaps to visualize a more controversial proposal for the last $80,000 what if they split it $ 40,000 apiece between the Housing Fellowship and Shelter House. That would be basically staff scores with two exceptions, one being recaptured CDBG funds moved from Unlimited Abilities to a split between the two Iowa City programs and the other is that they fund the Housing Fellowship at $117,000 rather than $157,000. Dennis doesn’t agree with the $120,000 for Green State and would like to lower that. Reedus supports lowering that too. Dennis proposes allocating Green State $100,000 and then the other $20,000 to either go to Shelter House or the Housing Fellowship. Drabek stated that puts the Housing Fellowship with the CHDO funds plus $40,000 which is about half of where it was from the city staff recommendation. Dennis noted the City of Iowa City South District Program asked for $100,000 and would get fully funded. Drabek noted that seems reasonable in the sense that it's this second highest average score. Vogel noted he is okay with not allocating anything to Unlimited Abilities, they are more than welcome to come back in the spring, and hopefully have things cleaned up, and the commission will be happy to consider a future request. Kubly requested they adjust the City funding so that the South District is all HOME and the other one is split between HOME and CDBG recapture funds, it's just a lot more administration of two funding sources in a project. The commission agreed. Housing and Community Development Commission October 21, 2021 Page 12 of 17 12 Dennis motioned to recommend the following CDBG/HOME funding allocations to Council. Seconded by Vogel. Motion passed 8-0. LEGACY AGENCY REQUEST – AID TO AGENCIES: Staff received a request from Center for Worker Justice to be included as a Legacy Agency which would allow them to apply for Aid to Agency funding. Drabek noted this is something that they’ve speculated on in various ways over the past few years of how an emerging agency moves into legacy status. Is this agenda item to discuss the request from Center for Worker Justice or to decide when the commission will discuss it. Kubly replied they could discuss at the November meeting as staff will need to prepare a substantial amendment but before doing so wanted to know if the commission even wanted to put that on the agenda. Reedus asked for a refresh on the rules on emerging agencies. Do they receive funds as an emerging agency for a specific number of times before they can be considered for legacy agency. Kubly replied not necessarily, anyone can apply to be a legacy agency just with written requests to staff and then it gets reviewed by HCDC, but it requires a substantial amendment to the City Steps five-year plan. Therefore, staff needs to plan ahead and start the public input process ahead of that meeting. Staff needs to be able to plan for that meeting and do all the necessary paperwork and public notices. The amendment is needed because they have all the legacy agencies listed in City Seps so if anyone else wanted to apply to be on that list, it needs to go through that amendment process. Alter asked if those instructions are posted or documented anywhere. She knows of an agency that has wondered about this process and they had no idea how to do it. Kubly stated she believes it's briefly discussed in the City Steps but doesn’t know how much detail is in there. Anytime there are questions please forward them to staff and they could give them more information. Drabek would find it helpful for the actual discussion if there is anything to put in the packet as criteria for legacy status. Dennis asked if it is required to list the agencies in the City Steps. Kubly replied yes, it's mostly local funding, but some CDBG funding, but that's the processes, they specifically put it in a Plan so that it would require the amendment to add additional agencies. Dennis asked if they could put in the City Steps that the City does support a number of agencies under this with their own money, basically, so if an agency wanted to become part of that then they wouldn’t have to amend the Plan. Kubly explained when they did the City Steps Plan they deliberately made it a process to add another agency because of the Housing and Community Development Commission October 21, 2021 Page 13 of 17 13 feedback they got when they did the Aid to Agency process, because when they add another agency the budget stays the same, and then the rest of the agencies get lower allocations. Vogel explained without that they would have more turmoil as far as how much they can distribute. Reedus stated as far as she is concerned, if they add agencies to legacy lists then they have to add funding, she is not going to vote for anything that cuts the pie smaller because that's exactly the hole they climbed out of a couple years ago. Vogel stated while he agrees with that, it seems what HCDC does now is very much just housing based and the Center for Worker Justice is alternative community help. Reedus does not agree with that, they also support the free medical clinic, which doesn’t have anything to do with housing. Vogel has never seen an application from them. Alter explained that they put the legacy agencies in the City Steps so they didn't have to apply and that’s why he hasn’t seen any applications. Reedus reiterated she will absolutely not support anything that makes the pot smaller, if they are going to add legacy agencies, then they have to add funding. She does have a question about it requiring a substantial amendment, does that mean substantial time from staff. Kubly responded not necessarily, it just means they have to follow the citizen participation plan so there's a 30-day public comment period, they put notices in the paper, they hold a public meeting at this meeting and at Council. Reedus suggested than they should have a City process for this if there's other agencies that want to apply. Otherwise, they could get one of these requests every month. They should set a time of the year when it is open up and the commission can consider multiple agencies rather than one at a time. Drabek noted it's very rare to get such a request. Reedus said there are emerging agencies all over the place and there are a couple of legacy agencies who haven't gotten funding from the City recently, one hasn’t gotten funding in the last six or seven years. Maybe they need to moved out of the list. The problem is the pie keeps getting sliced into smaller pieces, which reduces them the amount of funds but it doesn't reduce the work the agencies have to do, it shifts the cost barrier to the agency. Reedus suggests they have an annual program, one time per year when anybody could come forward with an application become a legacy that would be better. Then if they decided there was reason to add more they could submit a request to Council, in addition to increased funding at the same time. Alter noted to be a legacy agency there does have to be a track record of good agency activity, so if all applications are reviewed at the same time then it becomes almost like a scoring process. She doesn’t know that they'll be flooded with a lot of them, because emerging agencies, several of them, are ones that really are simply starting up and don't have a track record of actually being able to become a legacy agency just yet. Dennis asked if the Center for Worker Justice is now an emerging agency even though they've been around for awhile. Drabek explained the definition of emerging agency is just not a legacy agency. Vogel noted at this point the Center for Worker Justice has applied, they put in a request, the question of staff is does the commission want to start that 30-day public comment process. The Center for Worker Justice has put in the request and under the current rules he feels they need to put it on the agenda, start the public comment, etc. Nkumu supports Reedus’ idea that they should have a period for allowing emerging agencies that are interested in becoming legacy to come and apply. Drabek also supports the idea of pairing admission to legacy agency with requests for more funding for the pot. Housing and Community Development Commission October 21, 2021 Page 14 of 17 14 Alter noted they were successful in doing that a couple years ago, by putting forth a recommendation to Council and were able to present the fact that there had been no increase to the budget over at least a decade, if not longer. She agrees having more legacy agencies with the same budget isn't helpful. Reedus agrees they need a partnership with Council because before the commission advocated for the nonprofit groups and got more money, the City Council didn't know. She had gone to the yearly budget meetings on the first Saturday of the new year and asked Council why they never gave any of their discretionary funds to the nonprofits and they simply didn't know that there was a need. It’s helpful for them as leaders in our community to know that their funding 50% of what agencies really need in terms of funding, so it might help the cause and getting more money. She is not opposed to funding more agencies, but they’ve got to have additional money. Mohammed stated he would like to see the Center for Worker Justice become a legacy organization. They have received funding in the past and were there any issues, or what is the status of that funding. Kubly replied as an emerging agency they received operational funds and it is on a schedule that is paid out. It's not like a CDBG or HOME project where they'd have to accomplish something and then get reimbursed for the funding. Staff can try to get the reports for that project and provide that as they do have the written request, but this agenda item wasn't intended to be the full discussion about whether they should become a legacy agency. Staff can provide some history on the Aid to Agencies past couple years and their request and updates on projects. The Center for Worker Justice also received local funds for COVID related projects, they did emergency payments for people who need it during COVID. Reedus is confused about how this process is going to go because the commission has not done this before. If they say yes to the Center for Worker Justice, do they have more money to allocate, or do they say no because they don’t have more money. What comes first, do they get a commitment from the City Council to provide more funding for the pot for legacy agencies if they add more agencies. Dennis asked if there are two different pots, one for emerging agencies and one for legacy. Kubly explained there's one pot but 5% of the total funding amount can go to emerging agencies. Reedus asked what that funding increases by each year. Kubly replied it’s been 3% in recent years. So Reedus noted they only way they can fund the Center for Worker Justice is to take funding from another agency. Dennis feels that the Center for Worker Justice has followed the process as it is stated now and it seems punishing to not allow this because they've done what they're supposed to do so. She understands they may not have enough money. Reedus had a question with regard to the budget, when departments, or this group, were to ask for more money for the pot, when in the City calendar can they do that to have it considered by City Council. Kubly explained this request would actually first be eligible, because of the application cycle, to apply next fall. Right now the City is starting the budget process for FY23 funding, which is next July, so it’s almost two years out and they would have to make that request with next year's budget. Vogel noted that City Council could also take a recommendation to approve new legacy agency and say no, all this commission is doing is making a recommendation. Drabek stated the Center for Worker Justice requested this and the commission should put it on the agenda. Reedus suggests the commission chair and/or vicechair have an initial conversation with the city manager about adding legacy agencies and increasing the budget by more than the annual increase percentage. Having the commission communicate to the City about what the agency need is and the ability to fund it is important for everybody to know. Housing and Community Development Commission October 21, 2021 Page 15 of 17 15 Drabek and Alter agreed they would initiate a meeting with the City Manger to discuss the budget and how they can help agencies move from emerging into legacy where there's not enough money to help agencies. Reedus noted it should be that emerging agencies are in that role for a specific specified period of time and then they can go into the legacy agency status, the difference is just the cut off for emerging agencies the total dollars is $15,000 and that's the bottom amount of funding for the legacy agency. So that's the big difference. The commission agreed to review the request from the Center for Worker Justice in November and also work with the City Manger’s office to come up with a process to be clearer in the future. IOWA CITY COUNCIL MEETINGS UPDATES: Two Commissioners are assigned each month to monitor Council meetings and this agenda item provides an opportunity for brief updates on City Council activity relevant to the HCDC business. Commissioners will not engage in discussion with one another concerning said items. Reedus stated the meeting this week actually was on the system for the police department. The first meeting of October was on formed based zoning, which is a different way of zoning that's been proposed and voted upon by the City Council. Reedus noted this is supposed to have some benefits for affordable housing but she couldn't discern that in the presentation that was made to City Council but in her limited Google search activity she thought it might be beneficial for the commission to have a presentation by staff on the benefits to neighborhoods for housing and such. Vogel did sit in on the September meeting and there was discussion about the change in Slumberland space to self-storage, which is kind of a bummer to see more retail disappearing from the south district. The other question that came up was there was a the council passed that at the vacation and conveyance for development by Gilbane Developments to develop the entire block which raised a question in his mind of will this be in the downtown district and therefore not include the required affordable housing requirement. The developer discussed their affordable housing projects at the meeting on their website there is an area for affordable housing and the link is blank, and there are zero actual affordable housing projects showing as completed on the website. So he is just curious if this is just another obviously large student oriented housing and won't be required to have affordable housing requirements. Kubly confirmed the project is in Riverfront Crossings and they're required to either provide 10% affordable housing or pay a fee in lieu. HOUSING & COMMUNITY DEVELOPMENT INFORMATION: Thul stated the next meeting is November 18, that meeting will be approval of the FY23 application materials and they’ll have some project monitoring presentations and then on the calendar they have a break plan for December. Thul noted a potential training for board and commissioners was scheduled, so anyone interested in that can attend via zoom. Kubly noted they included in the agenda packet the results of recent City public outreach for affordable housing information sharing which includes outreach that the City conducted for Affordable Relief Act funding, as well as outreach done as part of the Affordable Housing steering committee efforts. Reedus asked if there is any timeline yet on when there is going to be decision made for the City’s allocation or about possible uses. Kubly stated she doesn’t expect that to come to this commission but there are HOME funds that they've been allocated and they’ll do a competitive round for those funds with Housing and Community Development Commission October 21, 2021 Page 16 of 17 16 this commission. Reedus noted under consideration is $1.52 million for nonprofit agencies. Kubly stated that's part of the City’s ARA money but they were also allocated about $1.8 million in HOME funds. ADJOURNMENT: Reedus moved to adjourn, Dennis seconded the motion, a vote was taken and the motion passed 8-0. Housing and Community Development Commission October 21, 2021 Page 17 of 17 17 Housing and Community Development Commission Attendance Record 2021-2022 R = Resigned from Commission Key: X = Present O/E = Absent/Excused --- = Vacant Name Terms Exp. 8/19 9/16 10/21 Alter, Megan 6/30/24 X O/E X Beining, Kaleb 6/30/24 X X X Drabek, Matt 6/30/22 X X X Dennis, Maryann 6/30/22 -- -- X X Lewis, Thersea 6/30/23 O/E O/E R Mohammed, Nsar 6/30/23 X X X Nkumu, Peter 6/30/22 X X X Reedus, Becci 6/30/24 X X X Vogel, Kyle 6/30/23 X O/E X MINUTES PRELIMINARY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION NOVEMBER 18, 2021 – 6:30 PM FORMAL MEETING ENVIRONMENTAL EDUCATION CENTER MEMBERS PRESENT: Megan Alter, Kaleb Beining, Maryann Dennis, Matt Drabek, Peter Nkumu, Becci Reedus, Kyle Vogel MEMBERS ABSENT: Nasr Mohammed STAFF PRESENT: Erica Kubly, Brianna Thul OTHERS PRESENT: Heath Brewer (Habitat for Humanity), Karen Fox (Center for Worker Justice), Roger Goedken (Successful Living), Caitlin McGowan (Successful Living) RECOMMENDATIONS TO CITY COUNCIL: By a vote of 7-0 the Commission recommends approval of Substantial Amendment #1 to the FY22 Annual Action Plan. CALL MEETING TO ORDER: Drabek called the meeting to order at 6:30 PM. CONSIDERATION OF MEETING MINUTES: OCTOBER 21, 2021: Dennis moved to approve the minutes of October 21, 2021, Reedus seconded the motion. A vote was taken and the minutes were approved 7-0. PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: Roger Goedken (Executive Director of Successful Living) thanked HCDC for their efforts and time on the commission. Goedken wanted to point out that Successful Living met the vacancy benchmark requested by HCDC at the October meeting. The Commission set a metric for Successful Living to go from 10 vacancies to seven or fewer, which they did meet and exceed. He acknowledged they’re not through all the steps that they need to get through but are at the point where they hope to be able to move forward with the underwriting and utilize the funds. ANNUAL PROJECT MONITORING PRESENTATIONS: Heath Brewer (Habitat for Humanity Executive Director) gave an update on their unexpended FY20 and FY21 funds. They currently have a project with the foundation and some walls built and progress on that place is slated to complete in June. He noted it’s a big project to get that going again when volunteers ramp back. For the other three funds, they have roughly $25,000 without assistance for each. They have five homes slated to be built on Indigo but will have to design requirements to make sure that they fit for working with Homes for Iowa as for that project they were contracted to provide affordable housing with their habitat partners and homebuyers, getting them some help cash flow and project management. That Housing and Community Development Commission November 18, 2021 Page 2 of 13 2 is also slated to be built this next summer and completed by the fall. Brewer noted they were delayed in using funds because of the pandemic, obviously, and then this opportunity was one that they couldn't pass. The initial home design did not work with the people, the housing design criteria, so the next round of homes that they have purchased for next year, they will work with the builder to get some of those things changed. Reedus asked if they are seeing more volunteers now, noting since the pandemic they obviously had interruptions or loss of volunteers, so what is the percentage of returning volunteers. Brewer noted they have been active throughout with Restore, so that hasn't been terrible for them, but in the home construction areas it's probably 40% to 50% of what they would be expecting in a normal year, especially considering groups such as the university or other community groups that come out and work on weekends. They are reducing the amount of folks that are allowed on site to be safe. OVERVIEW OF AID TO AGENCIES – LEGACY AGENCY REQUEST: Drabek noted the Commission discussed in their last meeting a request from the Center for Worker Justice to be added to the list of legacy agencies and the Commission expressed desire to look at how this would work. Drabek met with Kubly and Thul a couple weeks ago and what came out of that was the idea to give a presentation of the history of Aid to Agencies and then to have a discussion to put together a vision for what these sorts of requests should look like how they should handle them. Kubly gave an overview of the Aid to Agencies program since there were newer commissioners who haven't been through the application process. Aid to Agencies may also be called the human services or public services and is intended to provide a flexible operational funding for Iowa City nonprofits who provide services to low-income residents based on the funding priorities set in City Steps. This Commission typically looks at CDBG and HOME projects and those are for specific projects, whereas the Aid to Agencies is operational funding that is not eligible through CDBG or HOME. This is for things like staffing and is really desirable by agencies and it's really necessary for other projects. This is primarily funded by the City's general fund but they also use 15% of the CDBG allocation for this purpose, which ends up to be about $100,000 to $120,000 annually. That is the maximum that's allowed by CDBG to be put towards Aid to Agency. The current CDBG budget is about $719,000. Regarding the whole history of agencies, Kubly could not comment on that because she hasn’t been with the City that long but she could comment on the recent changes over the past couple years. The first one is that the Commission eliminated the high, medium and low funding priorities that were in the previous City Steps 2016 - 2020. Previously homeless services was listed as high, senior services as medium and legal services as low and the Commission had to categorize each agency but they found that was really difficult because agencies don't fit neatly into a category and many provide a variety of services. Additionally, they decided that all the agencies are high priority and put that in the new City Steps. The other change was newer agencies were coming into the picture that really couldn't compete with the more established agencies, so HCDC developed the Emerging Agency program and set aside funds for new or emerging nonprofits. At that time they defined who the legacy agencies were in the five year Consolidated Plan, City Steps 2025 and then HCDC and agency leaders worked with Council to increase the budget substantially for the Aid to Agency program. Kubly noted on the spreadsheet that was included in the Commissioner’s packet it shows that increase between FY19 And FY20 and right now they're looking at a 3% increase in the City’s budget annually. The emerging agencies were developed and intended to help agencies grow and develop capacity. Because the legacy agencies are listed in the Consolidated Plan and City Steps, essentially any nonprofit that’s not a legacy is eligible for emerging agency funds. Similar to legacy they must provide services to low-income residents in Iowa City and meet a City Steps priority. HDDC sets aside 5% of the total Aid to Agency budget for this purpose and that’s usually around $30,000. Funding for the emerging agencies can be between $5,000 and $15,000 for an agency, and the application runs alongside the CDBG/Home application annually. Kubly noted it is a much more simplified application than the legacy application, the applications for emerging agencies will be due in January for funding in the following July. The legacy agencies are a core group of agencies that are identified in the City Steps 2025 Consolidated Plan and Kubly put a list of those agencies in the Commissioner’s packets. The number was limited to return the program to its original intent of providing an ongoing and stable Housing and Community Development Commission November 18, 2021 Page 3 of 13 3 funding source for those agencies. There's a minimum funding of $15,000. The agencies apply through the United Way joint funding process, which is a pretty extensive application, and the City also has questions specific to Iowa City within the application. HCDC reviews these applications and then make a recommendation to Council, similar to CDBG and HOME. The City is accepting applications on a two year cycle currently. There are 19 agencies in City Steps 2025, but the Housing Trust Fund of Johnson County doesn't currently apply because they receive funding through the City's Affordable Housing Fund for operational costs. Kubly next discussed the City Steps 2025, the current process is to review the legacy agencies every five years during the consolidated planning process so the next timeline to do that would be 2024. Any changes to the Consolidated Plan right now requires a substantial amendment with a 30 day public comment period, HCDC will review the requests, and then make a recommendation to City Council. As discussed at the last meeting, City staff received a request for an agency to be added as a legacy agency, which then triggers that substantial amendment process. They provided a written request to staff and staff then asked them for a description of services provided, their need for funding, how they meet the priorities of City Steps, and the population that they serve, specifically in Iowa City. Kubly also shared the scoring criteria that they use for the legacy agency applications, it's based on needed priority, impacted delivery, and evidence of financial and administrative capacity. Staff has listed some questions they have such as under what circumstances would an agency be considered for legacy status, and if any agency comes along can staff vet those and decide when or if they want to pass those onto HCDC or when they would maybe refer them to another funding source or to emerging agency funds. When will HCDC review requests for legacy status, Kubly would recommend those be no more often than every two years when they do the applications. Staff also wants to know any other information that HCDC would want the agency to provide in the written request. Regarding the timeline of the application process and the City budgeting process, she suggests the requests will need to be reviewed before August for them to be eligible in the next application process but they won't know the City's fiscal year budget at that time so the decision will have to be made without any budget amendments. Drabek asked if every five years there is a certain window where it would not require a more substantive process to add an agency to the legacy list correct. Kubly replied every five years the City rewrites the Consolidated Plan but they’ve never done this before because this is the first time that the legacy agencies have been listed in the Plan. The Plan review does go through a whole public input process and they could make the change as they develop the new Plan and that goes through HCDC and Council similarly. It’s not really less of a process, but rather just intertwined into the consolidated planning process. Reedus stated she thinks it should be more frequent than five years but does agree it makes sense to follow the two year funding cycles and that is then someplace in the middle where they open up the process and do a public notice that they’re going to be considering agencies and have some sort of formal process that's tied to the calendar. Dennis asked if Reedus is suggesting the Consolidated Plan be done every two years. Reedus clarified no, only the review of legacy agencies every two years. She has other issues that she would look at in terms of the length of time an agency has been incorporated or operating, because it's closely tied to their ability to succeed long term and they want their money to go to things that produce measured outcomes. Five years is such a large window of time that none of them are going to have that history from one time to the next so won't be a continuity, so to speak. The other thing is it would probably result in leaving agencies who are really not ready to become legacy agencies to apply for it. It makes sense to her to tie to the two-year funding cycle. She also thinks United Way operates like that with their partner agencies, they have a period of time to become a partner, etc. That is what Reedus would recommend Housing and Community Development Commission November 18, 2021 Page 4 of 13 4 Drabek agrees with the two-year idea as anything longer than two years would present the continuity issues. Drabek noted while this topic is open for discussion, they might start with essentially answering the three questions staff presented. They are discussing the timeline and length of time of a cycle, but the second question is what the criteria are needed to be considered legacy. Alter agreed they need to discuss the criteria, Reedus had talked a little bit about the output in terms of what the agency is providing, so what is the data needed and what is enough output and service, should there be some version of what legacy agencies have to fill out. Since the emerging agency application is a much-simplified smaller application than the legacy one. Some of the criteria that they might be looking for is how many people they are serving, who they are serving and that type of thing. She suggests they find some of the specific criteria of what are the hallmarks that they want to actually look at and what they're asking legacy agencies to provide. Reedus noted the first bullet point for under what circumstances would be considered legacy status can be answered in two ways. One is based on experience, years ago she went to Community Foundation Cedar Rapids and heard a presentation about life cycles for organizations and for new organizations they keep the funding low for the first seven years because there's such a high rate of failure. Reedus believes that is true and can name a couple of organizations that have tried for three or four years and then realized they couldn’t get it done because they couldn’t get the infrastructure they needed. She is not suggesting that an agency has to be around for seven years, but does think they should have cut-off, or a point at which they should have been in existence for, maybe three years, five years or something, so that they can take a look at their track record of performance. The other thing is, she knows from personal experience a number of years ago a legacy agency came in and totally changed what they asked for and it was one of those hot topics at the time like backpack food or one of those kinds of things were really hot for a while. And so Council approved that agency to get the money and it took money away from elder services, like $15,000 or $20,000, out of senior Meals on Wheels and then the next year the agency didn’t apply for it again so to her that was just like taking that money and tossing to something new and not on an ongoing program. She feels they do need to look at legacy agencies to make sure that what they are using the funds for City Step priorities, are they purchasing shelter services, food services, youth services, things like that. Drabek agreed and stated they need to see how well the agency meets the City priorities, what are the services and then also the continuity, he would expect a legacy agency to want to continue to be a legacy agency for years to come and not just a one or two years thing. Vogel noted this must have been discussed when the legacy agencies were created, which was not that long ago, and 39 agencies got whittled down to 19, so what were the criteria then. What were the requirements and what were the circumstances? He noted they should not be creating a new whole new concept; this was all decided by a previous group at some point before. Kubly stated they looked at who was funded over maybe the past 5-10 years and consistency of funding and there was a clear number of agencies that received funding each year for the past five years so they determined that those were legacy agencies. Reedus noted prior to that it was handled in a different department, or maybe by the same department but different individual and does anyone know what that criteria was because Reedus believes that staff member directly gave recommendations to City Council. Vogel noted ICARE, Red Cross, MYP were all organizations that were getting money every year and then it just stopped and he is assuming that is maybe because of new requirements. He is wondering if there is any documentation from staff at that time about a matrix that was put together to define a legacy agency. He doesn’t feel they should be rewriting it all now. Housing and Community Development Commission November 18, 2021 Page 5 of 13 5 Reedus doesn’t believe there was every any criteria written and when agencies were defined as legacy agencies there weren’t 35 or 40 agencies. Some of those agencies that dropped out some years ago was due to lack of services, lack of funding priorities, maybe direction of Iowa City, but the legacy status only happened prior to the Commission going to the Council and asking for more money in 2019. No agency was considered legacy much before that, that’s relatively a new word. Kubly confirmed the first year that they had legacies was FY20. At that time they came up with a list based on past funding and they put it in the Plan and had everyone review the Plan. Essentially it was based on prior funding but Kubly added all these agencies have to do reporting quarterly so staff looked at their reports for trends and outcomes. Vogel stated they could set a guideline of an agency having to be in existence for five years to be eligible for legacy status, they could still get emerging agency funds during those five years. Reedus noted they don't have to get any emergent agency funds in order to be added to legacy, she just has a preference that they would just have to be in inexistence for a set number of years, say three years or five years, to make sure the City is investing the money with an organization has got some sort of track record of being able to handle it, do the reporting and use that money wisely. As public stewards of money she thinks that's important. Vogel agreed they need to set a baseline of an organization having been in existence, so should it be three years, five years, seven years or what. It was noted earlier that seven years is normally the line where organizations fail so there's more risk in the first seven years. Reedus agreed there is more risk in the first seven years however the rest of that cycle is most organizations also reinvent themselves every 20 years so every 20 years of an organization's life they have some risk because they're reinventing themselves, which could be one of the reasons why some of the old agencies on that list are no longer funded because they change. Alter feels they need to look at an agency’s track record, who they're serving, and other such metrics rather than a hard and fast rule of X amount of years, that doesn't necessarily account for all of the other components that go into the success of an agency. Reedus suggested the stated an organization must be in existence for at least three years, preference for five year, to be considered legacy but to also note in those years have they met the metr ics used in ranking other legacy agencies who are funded. Drabek agrees, they could pull information from the current legacy agency application and write it as these are the 12 things they're looking for and they'd like to see most of these before an organization can be made a legacy and then HCDC would make a decision yes or no. Alter noted it also could be contingent on budget availability, because adding legacy agencies will decrease the amount every legacy agency gets unless Council increases the overall budget and they don't want to penalize agencies by welcoming someone who deserves to be a legacy agency into the fold. This is not something that Council has deal with but is something that does need to be thought about on a regular basis. So while there should be a certain amount of criteria for an agency to become a legacy agency, she feels there needs to be guardrails or caveats that may also be contingent upon availability of funds in order to be fair to all of the agencies. Reedus agreed, if they apply to become legacy and apply for funding and score high, there is a minimum of $15,000 they will be requesting and will take a minimum of $15,000 from another agency's allocation. Vogel asked then why the Johnson County Housing Trust Fund, which hasn't asked for any funding in the last three years, or hasn't gotten funding in the last few years, still listed on the legacy list. They could show up next year and request money that will also take away money from the other 18 that have been Housing and Community Development Commission November 18, 2021 Page 6 of 13 6 receiving funding last three years. So if they are concerned about putting more people into the pool and everybody less from the pool, that could happen now by the Johnson County Housing Trust Fund so he doesn’t think that should part of the discussion of whether or not to add a new agency to the legacy list. Either they are a qualified agency that deserves funding for their operating expenses, because they have shown worth in this City, or they're not. City Council could just choose not to give anybody money in two years, and that wouldn’t take away from an agency's value as a provider of services in the City. He doesn’t like making a statement that they’re not going to give them legacy status/value, because it may end up getting less money in other groups pockets. If an organization applies for legacy status, it is HCDC’s place to determine whether they are a value and should be added to the list of legacy agencies. Drabek agrees with that and is actually really sympathetic to a point and that point is where the second, third, fourth, fifth, sixth, seventh, eighth, and ninth applications get added to the legacy list and if the City did not add funds it would really cut into the funding quite a bit. So he is sympathetic to having some sort of clause that says that availability of City funds may be a factor the decision Dennis suggested they also add if a legacy agency hasn’t applied for funding for a number of years, say three years, they then have to reapply to be a legacy agency. It’s a unique situation for the Johnson County Housing Trust Fund because they do still get funding, it just now comes from a different pot of money. Reedus noted another thing is there been a lot of new agencies or new services pop up because of the pandemic because there's a lot of pandemic money to help with a little bit of this, a little bit of that and unique special kinds of needs that popped up because of the pandemic. This is why it would be necessary to see a mission statement and to be in existence for at least three years because it may be a need that won’t be as necessary three years from now. It also raises the question of duplication and how do they deal with duplicative services and that's something they should consider in the application, not just is another agency doing it, but maybe the service is provided in some other way and it's just thinking outside the box a little bit and taking a look at how people's needs can get met, not necessarily through agency services, but in some other way. Dennis noted these funds are for operational expenses and this Commission is the stewards of the money in making recommendations to Council. So she feels there is value in asking what percentage of the request that they're asking is their operational budget. Typically, the operational budget would be about 25% of their overall budget. They need to look at what their budgets are, look at their most recent 990 and see what their operational costs was based on their entire budget. Dennis noted as Commissioner’s it is hard to say which ones are more valuable than the others as far as what their missions are, what they do for the community, and for the low-income people in this community. What they need to decide the money part of their budget, their operational plan and are they getting other funds. Alter agrees the budget should be part of that consideration. Just to actually kind of summarize, they are looking at minimum years of existence, without it being hard and fast, she likes the minimum of three, preferably five, next to show the track record, a historical narrative, to show the consistency of mission, and a consideration from the commission about whether it's duplicative services or not, where's the value to the community, noting there are multiple ways in which the same populations can be served and finally to consider budget. Reedus asked if Houses to Homes is a legacy agency. Kubly replied no, they received funding once through emerging agencies. Alter noted they are one of those truly unusual agencies because they're only three years old and they have just exploded in terms of providing services. Reedus agrees but wants to make sure that the services are needed, that they have the capacity, because what she doesn’t want to have happen is for an agency to pass around the Commission and go straight to the City Council because they have a budgetary crisis, because they weren't planning well, or because of whatever reason they sought money out. Houses to Homes was one that did go around the Housing and Community Development Commission November 18, 2021 Page 7 of 13 7 process because she thought that they had gotten $25,000, but maybe they did only get $15,000 as an emerging agency. Kubly stated they only got $5,400 from emerging agency funding, but they also did get a direct allocation from Council through the emergency request process and that was more like $25,000. Reedus takes exception to that process and thinks Council should be directing agencies to come in through the front door because it's just not fair to others. Dennis noted when they are talking about duplicative it's also important to say how they may partner with other similar agencies. For example, the Center for Worker Justice is an emerging agency as is the Sudanese American Community Services, maybe they're related but if somebody walks into CWJ and doesn’t feel they can support their needs, perhaps the CWJ directs this person to another agency they have some working relationship with that is providing similar services. Reedus thinks it's helpful to encourage collaboration, partnerships, and coordinated entry is an excellent example of agencies working together to have a better outcome for client’s needs and that those that need the help don't have dozens of application processes to go through. She would personally love to see some collaboration grants, perhaps have a pot of money, for organizations who come forward with a great opportunity to collaborate. Vogel is questioning the role of the Commission overall in this process, the Commission is just making a recommendation to Council. If there are three applications to legacy status and the Commission only recommends one, can Council go ahead and approve all three. Kubly replied the Commission will make their recommendation to Council in the form of substantial amendments and recommend that this one agency gets added to the legacy list and the Consolidated Plan. However, Council is going to see all the meeting minutes and are able to read the discussion so they can go with the Commission’s recommendation, or they could change it and do whatever they chose. Most of the time Council takes the recommendation of the Commission, even if the agency goes to Council directly. Kubly feels staff now has a good list of everything the Commission wants to consider for adding new legacy agencies and that seems like everyone's in agreement with those items. She did want to know if the Commission felt it should be required for an agency to be funded through emerging funds first. Could someone who has never even applied for emerging funds be eligible for legacy funds just right off the bat. The Commissioners agreed they should apply to emerging agencies first as it would be desirable if emerging agencies were 5 or 10 years old so the Commission has more of a track record to look back upon. It will be a requirement that they have successfully received at least one year of emerging agency funding before they can apply for legacy status. Kubly thinks that'd be helpful and noted they do require reporting for emerging agencies and then could provide that as part of the application. Reedus noted they do have one agency that has indicated that they want to apply for legacy status, so are they going to have an application process upcoming in the next few months and put that information out so that others can also apply. Vogel stated his opinion is Center for Worker Justice has already put in an application request and any rules they make now should not be grandfathered back to them. His opinion is they just present and the Commission figures it out. Drabek asked if there is any existing language at all. Kubly replied no, she doesn’t believe the intention was to have like an application route, it was just for those who expressed interest they would direct them to this process. She added they did get an inquiry from another agency recently as well. So staff will go through the checklist and see how the agencies compare with the categories. There isn’t an application, staff just asks them to provide a written request. Housing and Community Development Commission November 18, 2021 Page 8 of 13 8 Reedus was suggesting at the onset that they actually have an application process and the reason why she doesn’t like considering one at a time and that's exactly what they're doing. They're not put through the same type of comparative process so she would advocate that they have an open door, whether that's every two years, where they state they will be considering new applications for legacy agencies, and then close the door. Otherwise, they could be doing one every single meeting, literally. She would advocate that they create a process of a timeline for consideration, and then close that door until it happens the next time again. She suggests every two years because that is also when the legacy agencies are reviewed for funding, every two years. Alter believes the question right now is specifically about CWJ, she agrees moving forward there should be an application and process in place. Kubly said they can make CWJ wait until an application process is open, but they just need to know because the emerging agency cycle is coming up and they probably want to know if they need to apply there. Reedus stated the next legacy application process is not happening until next fall, the applications will be next fall, so they should continue to apply for the emerging funds, because the legacy application process is not until fall and the funding will not be until the next fiscal year, July of 2024. She also thinks they need to get the word out to other agencies. It needs to be open and transparent for everyone. CWJ isn’t going to get any additional funding by getting legacy now. Staff will notify agencies that have received Emerging Aid to Agencies funds previously that HCDC will be considering applications to become Legacy Agencies at the January meeting. The Center for Worker Justice will be asked to fill out the application once developed to make the process fair for all qualifying agencies. {Vogel had to leave the meeting} Reedus asked if Drabek or Alter had meet with the City Manager yet to talk about increasing the funding for Aid to Agencies. Drabek replied he has just met with Kubly and Thul as discussion of the budget would be at a much later time. Kubly confirmed the City hasn’t even approved the FY23 budget at this time so they're not even thinking about FY24 yet. Reedus asked when the Commission makes decisions recommendations for funding would that fall before budget requests go to the City. Kubly confirmed the Commission would be making their recommendations prior to the City's budget being approved. Reedus asked if the budget is going to be different if they have two new emerging agencies that become legacy and therefore want more money for the budget. Kubly said they will be working off an estimated budget that's not approved. Drabek noted the date is next spring for when they will want to put in a request for an increase in budget. REVIEW AND CONSIDER RECOMMENDATION TO CITY COUNCIL ON APPROVAL OF SUBSTANTIAL AMENDMENT #1 TO THE FY22 ANNUAL ACTION PLAN: Thul noted this is a vote on the updates the Commission recommended at the last meeting to the Annual Action Plan. Dennis motioned to recommend approval of Substantial Amendment #1 to the FY22 Annual Action Plan to Council. Seconded by Drabek. Passed 7-0. CONSIDER APPROVAL OF FY23 CDBG/HOME AND EMERGING AID TO AGENCIES APPLICATION MATERIALS: Housing and Community Development Commission November 18, 2021 Page 9 of 13 9 They began with the FY23 CDBG/HOME application materials. Drabek noted what they have is a reworking of the current year's rubric. Thul noted staff tried to take some of the feedback that has been mentioned in the last several meetings and adjust the criteria to hopefully respond to some of that. Drabek stated the questions are more detailed and have more detailed criteria, and the number of points is standardized at 20 for each question. Thul stated they also changed the weight distribution that was discussed last time to make the sections more even, the previous scoring criteria didn't have very even weight per section. Reedus noted she could see some of her issues incorporated in here because during the last round she struggled through how to do the income levels. She appreciates the more detailed questions and the more detailed criteria for awarding partial points. Drabek stated he didn’t want to comment too much on this because he is not going to be using this rubric next year but he appreciated the offer to give staff scores for the a couple of very objective type questions. Dennis asked about the feasibility as far as the median income of the person is targeted. She has never understood why the City would require applicants, especially for HOME funds, to be more restrictive than what the HOME program allows. For example, if The Housing Fellowship came in and applied for HOME funds and said that everybody they were going to serve that lived in those houses had to be zero to 30% of area median income. What if they had a mother come into apply and be literally $2 over 30% of the area median income and staff would have to say, sorry, you're over income. The rule is it has been under 60% so why did the City put even more restrictive criteria on that then what’s required by HUD. Drabek believes that was an earlier commission that probably just wanted to put an extra emphasis on zero to 30%. Dennis noted in her opinion that was a wrong decision. Thul noted they did adjust the weight on that question, it used to carry a ton of weight in the scoring criteria which really skewed the whole thing, so they did try to adjust for that to make it more fair. Reedus agrees it is concerning to hear a $2 difference would cut somebody off from receiving something because $2 at that level isn't doesn't make anybody stable, one can’t even buy a loaf of bread for that much money. Drabek noted the change in the real estate space being taken up by the LP AMI question, it went from 20 points out of 100 points to 20 points out of 320, so he was worried that that might have gone a little bit too far. He thinks the issue Dennis is raising is a another one, which is do they need the fine-grained distinctions within AMI, is there such a meaningful difference between zero to 30%, 31% to 50% and 51% to 60%. Dennis is stating that for the HOME funds, HUD has requirements, and the City has always added additional requirements. They added more than what it requires and it’s HUD funds, so why was that, as long as the project meets the HOME/HUD requirements. Alter stated she can't say where that came from exactly but does know on previous commissions there were some commissioners who really emphasized making sure that the lowest AMI’s got more funding. That may be some of that community impact piece. But in terms of fairness and transparency it does make sense to have it in sync with what the HOME requirements are and would allow for those horrifying examples of being $2 over. Not to mention if they are concerned with affordable housing throughout, there's the missing middle, and it's really expensive to live here. She would agree to put it to the HOME requirements, there's a symmetry there that makes sense. Thul also mentioned they are using the same scoring rubric to also score public facilities projects so that makes it complicated. Housing and Community Development Commission November 18, 2021 Page 10 of 13 10 Reedus asked if those are the actual questions that are asked on the application. Thul replied they tried to fine tune this to make it more parallel to the application, some of them are almost verbatim and some of them are broader. For example, they added that third column to look at specifically what question it relates to in the application. Reedus asked regarding question number nine, will the project assist any special population, that is a good question and she’d actually like to see more information than a yes or no, like how the agency will demonstrate because oftentimes some agencies might eyeball something and she’d just like to know how the agency gathers that information. She had a similar question about the racial equity, she would like the organization to illustrate how the project promotes racial equality and inclusivity for marginalized populations. Alter recalls the question invites explanation, and this is one place where if an agency just does say yes and they don't provide any explanation, as a commissioner, she would questions their judgment and perhaps not give as high of a score. Reedus agreed but then instead of having to wait until the meeting where the agency could explain, she rather encourages that information up front. Thul noted she changed the scoring on the application based on looking at other cities scoring criteria that seemed easier to have a flat number, there's one question in here that still uses range, it doesn't mean that they have to do it that way, but at the last meeting she heard Commissioners say that they felt it was subjective, so this was just an idea to try to make it more straightforward. Dennis noted she really appreciates number three where they get to a point where it says the budget appears questionable and reasonable and the budget is substantially mathematically incorrect. Reedus noted the criterial needed for number 12 is what she is looking for in back up in question number nine, the project assists special populations, yes or no, but under 12 it states the proposal clearly demonstrates some long-term efficient use of funding. She would like to see number nine have more like three tiers of options, same with the question on racial equality and inclusivity. Alter moved to approve the FY23 CDBG/HOME application materials as amended that the question 9 scoring criteria be changed from a two-tier score to a three-tier score. Seconded by Drabek. A vote was taken and the motion passed 6-0. Moving on to the FY23 Emerging Aid to Agencies application, Thul noted it didn't change much from last year, staff didn't make any major adjustments. Reedus stated she knows they're looking for project budget but are they also looking for overall agency budget. She’d like to see an overall agency budget and a project budget. She’d also like to see their 990 because that demonstrates what kind of operating funds they have and if they actually have the financial capacity to do the programming. Additionally, she’d like to see the fund balance, if they have that as that's something she is going to want to see from legacy agencies also because that's part of running a strong organization. Dennis asked if that wasn’t already part of the United Way application. Reedus said they should look at it anyway because there can be times when an agency has too much money and then the question is are they actually using the annual dollars to meet a need in the community or increase an agency's fund balance. Even as a new organization these are things that they should be thinking about and it goes with their financial competency to manage a program. Alter stated to give a little bit of historical perspective there are certainly some agencies whereas they talked about creating the emerging funds was to actually help some agencies get that first start. So while Housing and Community Development Commission November 18, 2021 Page 11 of 13 11 asking for this demonstrates seriousness but the weighting of it should be taken into account. There was one situation where they gave an agency a minimum of $5,000 just to get furniture to go into an office space. They didn't have that in their budget, per se, and that’s why they were coming here to try and get funding for furniture. So again, in the past, some of this was intentionally supposed to help some get up on their feet rather than for them to demonstrate that they already were. Reedus acknowledged that's a good point but question number nine is asking them to describe sustainability because hopefully the City's money isn't 100% of their budget. She wants to see they are writing other applications or have a fundraising plan and to show the goals they intend to raise. Dennis suggested they asked for the list of board of directors, or board of trustees. Thul stated they can add that as a requested field or make it required as an attachment. Dennis would like that added. Reedus agreed, they want to see a level of no conflict and don't want just see friends of Becky in Becky's organization that are going to vote her way instead of their right to vote for the good of the organization. Reedus would also like more information on question number six, why is the project needed. She wants to know did they start because of some need that came out of the pandemic and if so are they're still going to see a need. She would like a little bit of background in terms of why they're still in existence and how they morphed into something else, because she thinks that's going to be a big question for some organizations who started during the pandemic, are those services still needed. She would like to see a little bit more in the historic history. Also do they ask about duplication or working with partners. Thul noted question seven asks about how the project fills a gap in the community, but not really about partnerships. Reedus noted Coordinated Entry is a partnership of agencies that utilizes a lot of their individual strengths and each agency making some tactical type of issues and comes up with a great product that every single agency benefits from and more importantly individuals in the community benefit from. Everything doesn't have to be a defined collaboration or anything like that but just a note of who they are partnering with. For example, Table to Table has over the past four or five years done a lot more special projects with agencies where they might partner with a church or small program to help feed kids after school or something like that. She feels it’s important for them to become part of that larger picture by partnering with others if they can. Alter agrees it’s great advice for an emerging agency to think of partnering but if they have only been in existence for a year or so it might be too daunting to think of that. Dennis agrees and again, if it's only $5,000 she thinks they are getting a little bit too much in the weeds for an agency that's only been in existence for three years. Reedus is concerned about duplicating services. Alter noted that can be discussed during the discussion part, a lot of information can be found out during those informational sessions. Reedus wants to see a budget and an attachment of 990 or financial statements. The Commission agreed they should request additional attachments from applicants including agency budget, board of directors list, and agency financial information (990 form, financial statements, or similar). Reedus moved to approve the FY23 Emerging Aid to Agencies application materials as amended. Seconded by Drabek. A vote was taken and the motion passed 6-0. IOWA CITY COUNCIL MEETINGS UPDATES: Two Commissioners are assigned each month to monitor Council meetings and this agenda item provides an opportunity for brief updates on City Council activity relevant to the HCDC business. Commissioners will not engage in discussion with one another concerning said items. Housing and Community Development Commission November 18, 2021 Page 12 of 13 12 Alter noted at the last meeting Council approved a lot of P&Z stuff. There was an explanation of fringe areas, and basically how they work with the County to be able to expand in anticipation of City growth and to how to create city-friendly growth in fringe areas. They also had the next voting for the South District Plan, which has to do with rejuvenating the area in terms of building. Dennis stated this Commission will have a presentation on the form-based code at some point. Council is doing a work session on the ARPA funds and Council is allocating some funding to nonprofit agencies. Dennis asked if that will come through this Commission. Kubly did not believe they would, however the HOME ARPA funds will come before this Commission for distribution. The Commissioners discussed who would attend upcoming Council meetings. Reedus volunteered to watch the upcoming meetings in 2021 and Drabek will watch the January ones. Reedus asked regarding the ARPA allocations she is assuming agencies that are involved will have to submit to the Agency Impact Council a needs assessment. If that actually happens, can this Commission get a presentation from the Agency Impact Council in terms of how they're going to do that because she thinks it might be a good idea for somebody from this group to monitor that process because the needs assessment will probably be a more in depth needs assessment than has been done a long time. She thinks they plan on hiring a professional group or finance consultant to do it she has seen the proposed funding options so it looks like it's going to be funded. Reedus asked when Council is going to do the final vote on the APRA funds. Alter is not sure, they are working with the County as a partner to figure out which things they should partner on and what they shouldn't. After that then the City will work among themselves to distribute the rest of their monies. HOUSING & COMMUNITY DEVELOPMENT INFORMATION: Kubly noted at the last meeting staff got a request for a presentation about the South District form-based code which was approved by Council this week. The planning and zoning staff have a meeting the same night on Thursday nights as well so it's kind of challenging to get a staff to present but Anne Russett did provide a memo about the code changes for this Commission to review and also the presentations that they've given to Council and Planning and Zoning Commission are online as well. Thul noted the next meeting is in January with project presentations. They are going to open the FY23 funding round on December 29th and it will be open until January 31. The Commission vacancy is posted so Council will do an appointment for the next HCDC member in December. Drabek congratulated Alter for her election to City Council and thanked her for her three plus years of service on this Commission. ADJOURNMENT: Dennis moved to adjourn, Reedus seconded the motion, a vote was taken and the motion passed 6-0. Housing and Community Development Commission November 18, 2021 Page 13 of 13 13 Housing and Community Development Commission Attendance Record 2021-2022 • Resigned from Commission Key: X = Present O = Absent O/E = Absent/Excused --- = Vacant Name Terms Exp. 8/19 9/16 10/21 11/18 Alter, Megan 6/30/24 X O/E X X Beining, Kaleb 6/30/24 X X X X Drabek, Matt 6/30/22 X X X X Dennis, Maryann 6/30/22 -- -- X X X Mohammed, Nasr 6/30/23 X X X O/E Nkumu, Peter 6/30/22 X X X X Reedus, Becci 6/30/24 X X X X Vogel, Kyle 6/30/23 X O/E X X Vacancy 6/30/23 ic . Prepared by:Brianna Thul, Neighborhood Services,410 E.Washington St.,Iowa City, IA 52240(319)356-5230 RESOLUTION NO. 21-315 Resolution Approving Substantial Amendment #1 to Iowa City's FY22 Annual Action Plan Whereas, HUD requires the City of Iowa City, Iowa to prepare and submit an Annual Action Plan as part of the City's 2021-2025 Consolidated Plan, City Steps 2025, to plan the use of federal funds to assist lower income residents with housing, jobs, public facilities, and public services; and Whereas, the FY22 Annual Action Plan was approved by City Council Resolution 21-122 on May 4, 2021; and Whereas, a midyear competitive funding round was held to distribute unallocated funds; and Whereas, four projects were awarded funds totaling $78,000 in Community Development Block Grant funds and $578,000 in HOME Investment Partnership Program funds for a combined total of$656,000; and Whereas, Substantial Amendment#1 to the FY22 Annual Action Plan includes new activities awarded funding through the midyear competitive funding round; and Whereas, the City has disseminated information, solicited public input, and held a public meeting on the amendment to the FY22 Annual Action Plan; and Whereas, the amended FY22 Annual Action Plan contains the updated allocation of CDBG and HOME funds attached hereto in the amended Appendix B; and Whereas, the City Council finds that the public interest will be served by the approval of an amendment to Iowa City's FY22 Annual Action Plan and submission to the U.S. Department of Housing and Urban Development. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Substantial Amendment #1 to the City of Iowa City FY22 Annual Action Plan is hereby approved and adopted. 2. The City Council authorizes the City Manager to submit to HUD all necessary certifications or documents related to the submission of the amendment to Iowa City's FY22 Annual Action Plan. Passed and approved this 14th day of December, 2021.E M Attest: .r 11110k, G City Clerk City Attorney' Office (Sue Dulek— 12/08/2021) It was moved by Salih and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: X Bergus X Mims X Salih X Taylor X Teague X Thomas X Weiner Appendix B FY22 Substantial Amendment#1 HOME Persons/Households/ Project Planned activities CDBG Award Award Facilities Assisted Aid to Agencies-Shelter House S 15,000 NA 800 Public Service Activities Aid to Agencies-DVIP $ 52,000 NA 600 Aid to Agencies-NCJC $ 57,000 NA 1.500 Shelter House- Emergency Shelter HVAC Rehab $ 225,000 NA 850 Public Facility Activities NCJC-Broadway and Pheasant Ridge Rehab $ 37,242 NA 2,012 Neighborhood and Neighborhood Improvements Set Aside $ 75,000 NA 300 Area Benefits Homeowner/Rental Comprehensive rehabilitation $ 235,000 $ 90,000 22 Housing Rehabilitation The Housing Fellowship-CHDO Ops $ - $ 24,000 NA Shelter House-Rental New Construction $ - $300,000 2 Other Housing Activities City of Iowa City-South District Program $ - $ 100,000 4 City of Iowa City&Greenstate Credit Union- Downpayment Assistance $ 78,000 $ 50,000 8 CHDO Reserve Activities The Housing Fellowship-Rental Acquisition $ 128,000 1 Economic Development Economic Development Set-aside $ 50,000 NA 2 Administration& CDBG Administration $ 148,000 NA NA Planning HOME Administration NA $ 56,000 NA Total $ 972,242 $ 748,000 6,101