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HomeMy Public PortalAboutResolution 2020-71, Action To Adopt Policies Required By US Dept Of Health & Human Services To Get CDBG Funds (Policies Listed: Prohibition Of Use Of Excessive Force, Fair Housing, Code Of Conduct, Procurement, Equal Opportunity & Public Hearing NoticeCio RESOLUTION 2020-71 A RESOLUTION TO APPROVE AND ADOPT NEW POLICIES REQUIRED BY THE US DEPT. OF HEALTH AND HUMAN SERVICES SO THE CITY CAN RECEIVE CDBG FUNDS WHEREAS, The City of Riverdale, Iowa ("City") is a Municipal Corporation, organized and operating under the laws of the State of Iowa, and; WHEREAS, due to the COVID-19 outbreak in the community, the Mayor and City Council worked together to solicit a grant via the Iowa Economic Development Agency (IEDA) and US Department of Health & Human Services to pay for a free meal program to qualified Riverdale Residents referred to as the "Meals -To -Go" program, and; WHEREAS, the City Administrator has been working with the IEDA to make sure all of the requirements for reimbursement have been met on both the state and federal level, and; WHEREAS, the City has received a list of policies it must pass in order to meet the requirements set forth for reimbursement (attached as Exhibit "A") • Residential Anti -Displacement and Relocation Assistance Plan • Excessive Force Resolution • Fair Housing Policy • Code of Conduct • Procurement Policy • Affirmative Action/Equal Opportunity Policy , and; WHEREAS, the City has scheduled a required public hearing for September 8, 2020 at 7pm, after which the Council will authorize the submission of a reimbursement request for funds spent on the "Meals -To -Go" program, to -date (see attached Exhibit "B"). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA, Section 1. That the City Council of Riverdale, Iowa approves the proposed policies and orders them effective immediately. Passed and approved this 25th day of August 2020. APPROVED ATTEST Michael Bawden, Mayor NW no Katie Enloe, Deputy Clerk fi(qi5iT '`fl" Residential Anti -Displacement & Relocation Assistance Plan (RADRA) This Residential Anti -displacement and Relocation Assistance Plan is prepared by the City of Riverdale in accordance with the Housing and Community Development Act of 1974, as amended; and HUD regulations at 24 CFR 42.325 and is applicable to CDBG, UDAG and/or HOME -assisted projects. Minimize Displacement Consistent with the goals and objectives of activities assisted under the Act, the City of Riverdale will take step to minimize the direct and indirect displacement of persons from their homes: Coordinate code enforcement with rehabilitation and housing assistance programs. Evaluate housing codes and rehabilitation standards in re -investment: areas to prevent undue financial burden on established owners or tenants. Stage rehabilitation of apartment units to allow tenants to remain in the building/complex during and after the rehabilitation, working with empty units first. Arrange for facilities to house persons who must be relocated temporarily during rehabilitation. Adopt policies which provide reasonable protections for tenants faced with conversion to a condominium or cooperative. Adopt tax assessment policies, such as deferred tax payment plans, to reduce impact of increasing property tax assessments on lower income owner -occupants or tenants in revitalizing areas. Adopt policies to identify and mitigate displacement resulting from intensive public investment in neighborhoods. Establish counseling centers to provide homeowners and tenants with information on assistance available to help them remain in their neighborhood in the face of revitalization pressures. Where feasible, give priority to rehabilitation of housing, as opposed to demolition, to avoid displacement. If feasible, demolish or convert only dwelling units that are not occupied or vacant occupiable dwelling units (especially those units which are "lower -income dwelling units" (as defined in 24 CFR 42.305). Target only those properties deemed essential to the need or success of the project. Relocation Assistance to Displaced Persons The City will provide relocation assistance for lower -income tenants who, in connection with an activity assisted under CDBG Program, move permanently or move personal property from real property as a direct result of the demolition of any dwelling unit or the conversion of a lower - income dwelling unit in accordance with the requirements of 24 CFR 42.35o. A displaced person who is not a lower -income tenant, will be provided relocation assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies of 197o, as amended and implementing regulations at 49 CFR Part 24. CDBG programs include: Entitlement Community Development Block Grant (CDBG) program, State CDBG program, CDBG Small Cities program, Section io8 Loan Guarantee Program, CDBG Special Purpose Grants Program and the Neighborhood Stabilization Program (NSP). One -for -One Replacement of Lower -Income Dwelling Units The City of Riverdale will replace all occupied and vacant occupiable lower -income dwelling units demolished or converted to a use other than lower -income housing in connection with a project assisted with funds provided under the CDBG Program in accordance with 24 CFR 42.375. Before entering into a contract committing the City of Riverdale to provide funds for a project that will directly result in demolition or conversion of lower -income dwelling units, the City of Riverdale will make public by advertising in the Quad Cities Times and submit to HUD under the State CDBG and/or HOME Programs the following information in writing: A description of the proposed assisted project; The address, number of bedrooms, and location on a map of lower -income dwelling units that will be demolished or converted to a use other than lower -income dwelling units as a result of an assisted project; A time schedule for the commencement and completion of the demolition or conversion; To the extent known, the address, number of lower -income dwelling units by size (number of bedrooms) and location on a mapr of the replacement lower -income housing that has been or will be provided. NOTE: See also 24 CFR 42.375(d). The source of funding and a time schedule for the provision of the replacement dwelling units; The basis for concluding that each replacement lower -income unit for at least io years from the date of initial occupancy; and Information demonstrating that any proposed replacement of lower -income dwelling units with smaller dwelling units (e.g., a 2-bedroom unit with two 1-bedroom units), or any proposed replacement of efficiency or single -room occupancy (SRO) units with units of a different size, is appropriate and consistent with the housing needs and priorities identified in the HUD - approved Consolidated Plan and 24 CFR 42.375(b)• To the extent that the specific location of the replacement dwelling units and other data in items 4 through 7 are not available at the time of the general submission, the City of Riverdale will identify the general location of such dwelling units on a map and complete the disclosure and submission as soon as the specific data is available. Replacement not Required Based on Unit Availability Under 24 CFR 42.375(d) the City of Riverdale may submit a request to HUD (or to the State, if funded by the State) for a determination that the one -for -one replacement requirement does not apply based on objective data that there is an adequate supply of vacant lower -income dwelling units in standard condition available on a non-discriminatory basis within the area. Contacts The Mayor for the City of Riverdale can be reached at (563) 355-2511 is responsible for tracking the replacement for providing relocation payments and other relocation assistance to any lower income person displaced by the demolition of any dwelling unit or the conversion of lower - income dwelling units to another use. Adopted and Passed on this day 25111 of ayor Michael Bawden ATTEST: 74- kY:fr- Uji())' Katie Enloe, Deputy Clerk POLICY ON THE PROHIBITION OF THE USE OF EXCESSIVE FORCE WHEREAS, City of Riverdale has received federal funding through the Community Development Block Grant (CDBG) program; and, WHEREAS, Section 519 of the Department of Veteran Affairs and U.S. Department of Housing and Urban Development, and Independent Agencies Appropriations Act of 1990 requires that all CDBG recipients adopt and enforce a policy to prohibit the use of excessive force by law enforcement agencies within the recipient's jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and WHEREAS, all recipients of CDBG funds are further required to follow a policy of enforcing applicable state and local laws against physically barring entrances or exits to a facility that is the subject of a nonviolent protest demonstration; and WHEREAS, City of Riverdale endorses a policy prohibiting the use of excessive force and will inform all law enforcement agencies within its jurisdiction of this policy, NOW, THEREFORE, BE IT RESOLVED, City of Riverdale hereby prohibits any law enforcement agency operating within its jurisdiction from using excessive force against any individuals engaged in nonviolent civil rights demonstrations. In addition, City of Riverdale agrees to enforce any applicable state or local laws against physically barring entrances or exits from a facility or location that is the subject of a non-violent protest demonstration. City of Riverdale further pledges enforcement of this policy within its jurisdiction and encourages any individual or group who feels that City of Riverdale has not complied with this policy to file a complaint. Information and assistance relative to excessive force complaints shall be provided by Scott County Sheriff at 563-326-8625. Adopted by City of Riverdale, Iowa this Z day Mayor Michael Bawden ATTEST: Katie Enloe, Deputy Clerk of ,2020 AFFIRMATIVE FAIR HOUSING POLICY This notice is published pursuant to the requirements of Executive Order uo63 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with federal assistance, and with Title VIII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in the provision of housing because of race, color, creed, religion, sex, national origin, disability or familial status. The City of Riverdale, Iowa advises the public that it will administer its assisted programs and activities relating to housing and community development in manner to affirmatively further fair housing in the sale or rental of housing, the financing of housing and the provision of brokerage services. The City of Riverdale shall assist individuals who believe they have been subject to discrimination in housing through the resources of the Iowa Civil Rights Commission or the U.S. Department of Housing and Urban Development. The City of Riverdale has designated the following Mayor of Riverdale as the contact to coordinate efforts to comply with this policy. Inquires should be directed to: Mayor Michael Bawden 110 Manor Drive Riverdale, Iowa 52722 (563)355-2511 Monday thru Friday 8:oo a.m. -5:oo p.m. ".tiA Adopted and Passed this day oft'Cl`ri-4 ATTEST: , 2020. ayor Michae awden Katie Enloe, Deputy Clerk CODE OF CONDUCT PURPOSE The purpose of this Code of Conduct is to ensure the efficient, fair, and professional administration of federal grant funds in compliance with 2 CFR Part 200.318 and other applicable federal and state standards, regulations, and laws. APPLICATION This Code of Conduct applies to all officers, employees, or agents of the City of Riverdale, Iowa, engaged in the award or administration of contracts supported by federal grant funds. REQUIREMENTS No officer, employee, agent of the City of Riverdale shall participate in the selection, award, or administration of a contract supported by federal grant funds, if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a. The employee, officer, or agent; b. Any member of his/her immediate family; c. An organization which employs, or is about to employ any of the above; or, has a financial or other interest in the firm selected for award. d. An organization which employ any of the above: or, has a financial or other interest in the form selected for award. The City of Riverdale officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or subcontractors. FRAUD, WASTE AND ABUSE The City of Riverdale has zero tolerance for the commission or concealment of acts of fraud, waste, or abuse. All officers, employees, or agents shall notify the City of Riverdale of suspected actions. Allegations of such acts will be investigated and pursed to their logical conclusion, including legal action where warranted. Concerns may be reported to the City Administrator at no Manor Drive, Riverdale, Iowa 52722 or by phone (563) 355-2511. REMEDIES To the extent permitted by federal, state, or local laws or regulations, violation of these standards may cause penalties, sanctions, or other disciplinary actions to be against the City of Riverdale's officers, employees, or agents, or the contractors potential contractors, subcontractors or their agents. Passed and adopted this ?—S day of JCir" , 2020. ayor Michael den ES Katie Enloe, Deputy Clerk PROCUREMENT POLICY Purpose The purpose of this Procurement Policy is the ensure that sound business judgement is utilized in all procurement transactions and that supplies, equipment, construction, and services are obtained efficiently and economically and in compliance with applicable federal law and executive orders and to ensure that all procurement transactions will be conducted in a manner that provides full open competition. Application This policy applies to the procurement of all supplies, equipment, construction, and services of and for the City of Riverdale related to the implementation and administration of CDBG awards. All procurement will be done in accordance with 2 CFR part 200 and Appendix II to Part 200. Policy General Procurement Practices The City of Riverdale will adhere to the following general procurement practices document procurement standards, maintain oversight of contractors to ensure performance in accord with standards; avoid acquisition of unnecessary of duplicative items; encourage procurement or use of shared goods and services; use Federal excess and surplus property when feasible; encourage value -engineering clauses in construction contracts; award contracts only to responsible contractors; limit use of time and materials contracting; and use good administrative judgement to settle all contractual and administrative judgement to settle all contractual and administrative issues. Competition The City of Riverdale will provide full and open competition; prohibit use of state or local geographical preferences; develop written procedures for procurement transactions to ensure competition is not restricted; and ensure that pre -qualified lists are current. Methods of Procurement Procurement under grants shall made by one of the following methods, as described herein: (a) mirco-purchases; (b) small purchases procedures; (c) sealed bids (formal advertising); (d) competitive proposals; (E) non-competitive proposals. A. Micro -purchases includes the acquisition of supplies or services that do not exceed $3,000 (or $2,00o for acquisitions for construction subject to Davis -Bacon Act). B. Small purchase procedures are relatively simple and informal procurement methods that are sound and appropriate for the procurement of services, supplies, or other property, costing in aggregate not more that $15o,000. If small purchases procedures are used for a procurement under a grant, price or rate quotations (minimum of 2) shall be obtained from an adequate number of qualified sources. C. In sealed bids (formal advertising), sealed bids are publicly solicited and firm fixed -price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all of the material terms and conditions of the invitation for the bids, is the lowest in price. The sealed bids method is the preferred method for procuring construction. 1. In order for formal advertising to be feasible, appropriate conditions must be present, including, at a minimum, the following: (a) A complete, adequate and realistic specification or purchase description is available. (b) Two or more responsible bidders are willing and able to compete effectively for City of Riverdale's business; and (c) The procurement lends itself to a firm -price contract, and the selection of the successful bidder can be made principally on the basis of price. 2. When sealed bids are used for a procurement under a grant, the following requirements apply: (a) A sufficient time prior to the date set for opening of bids, bids shall be solicited (publicly advertised) from an adequate number of known suppliers. (b) The invitation for bids, including specifications and pertinent attachments, shall clearly define the items or services needed in order for bidders to properly respond to the invitation for bids. (c) All bids shall be opened publicly at the time and place stated in the invitation for bids. (d) A firm -fixed price contract award shall be made written notice to that responsible bidder whose bid, conforming to the invitation for bids, is lowest. Where specified in the bidding documents, factors such as discounts, transportation costs, and life cycle costs shall be considered in determining which bid is the lowest. Payment discounts may only be used to determine low bid when prior experience of the City of Riverdale indicates that such discounts are generally taken. (e) Any or all bids may be rejected if there are sound documented business reasons in the best interest of the program. D. Procurement by competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or cost reimbursable type contract is awarded, as appropriate. Competitive proposals are generally used when conditions are not appropriate for the use of sealed bids. If the competitive E. proposals method is used for procurement under a procurement under a grant, the following requirements apply: Requests for Proposals shall be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals shall be honored to the maximum extent practical. 2. Requests for Proposals shall solicited from an adequate from an adequate number of qualified sources. 3. The City of Riverdale shall have a method for conducting evaluations of proposals received and for selecting awardees. 4. Awards will be made to the responsible offeror whose proposal will be most advantageous to the procuring party, with price (other than architectural/engineering) and other factors considered. Unsuccessful offeror will be promptly notified in writing. 5. The City of Riverdale may use competitive proposal procedures for qualification -based procurement of architectural/engineering (A/ E) professional services whereby competitor's qualifications are evaluated, and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to procure, other types of services (e.g., administration professional services) even though A/E firms are a potential source to perform the proposed effort. Noncompetitive proposals is procurement through solicitation of a proposal form only one source, or after solicitation from a number of sources, competition is determined inadequate. Noncompetitive proposals may be used only when the award of a contract is infeasible under small purchases procedures, sealed bids (formal advertising), or competitive proposals are limited to the following: 1. The item is available form only a single source. 2. After solicitation of a number of sources, inadequate. 3. A public exigency or emergency exists when the urgency for the requirement will not permit delay incident to competitive solicitation; and 4. The awarding agency (IEDA) authorizes noncompetitive proposals. (Sole source procurement for supplies, equipment, construction, and services valued at $25,000 or more must have prior approval for the Iowa Economic Development Authority). F. The City of Riverdale will provide, to the greatest extent possible, that contracts be awarded to qualified small and minority firms, women business enterprises, and labor surplus area firms whenever they are potential sources, G. Any other method of procurement must have prior approval of the Iowa Economic Development Authority 1. competition is determined RECYCLED MATERIALS The City of Riverdale will procure items with the highest percentage of recycled materials practical. CONTRACT PRICING A. The cost plus a percentage of cost and percentage of construction cost method of contracting shall not be used. B. The City of Riverdale shall perform some form of cost/price analysis for every procurement action, including modifications, amendments or change orders. PROCUREMENT RECORDS The City of Riverdale shall maintain records sufficient to detail the significant history of a procurement, including the rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. The City of Riverdale shall make technical specifications and procurement documents available for review upon request. BONDING REQUIREMENTS Bonding requirements for construction or facility improvement contracts must meet the federal minimum requirements or receive a determination that the federal interest is adequately protected. Passed and adopted this day of Mayor Michael Bawden ATTEST: Katie Enloe, Deputy Clerk 71/4 ,2020 It is the policy City of Riverdale to provide equal opportunity to all employees, applicants and program beneficiaries; to provide equal opportunity for advancement of employees; to provide program and employment facilities which are accessible to the handicapped and to administer its programs in a manner that does not discriminate against any person because of race, creed, color, religion, sex, national origin, disability, age, familiar status, political affiliation, citizenship or sexual orientation. The Mayor has ultimate responsibility for the overall administration of the affirmative action/equal opportunity program. The total integration of equal opportunity into all policies and procedures as they affect equal opportunity and affirmative action and ensure compliance with relevant federal and state statues. The right of appeal and recourse is guaranteed by the City of Riverdale. Any person who feels that he or she has been denied employment, participation, representation, or service in any program administer by the City of Riverdale because of race, creed, color, religion, sex, national origin, age, disability, political affiliation, sexual orientation, or citizenship has the right to file an equal opportunity complaint. Information and assistance relative to equal opportunity complaints shall be provided by Davenport Civil Right Commission, who can contacted at (563) 326-7888. This Equal Opportunity Policy of the City of Riverdale shall be posted in conspicuous places within the City Hall to all employees, contractors and to the persons of all advisory and policy -making groups. ayor Michael Bawden ATTEST: Katie Enloe NOTICE OF PUBLIC HEARING STATUS OF FUNDED ACTIVITIES )u t1 b IT "3' NOTICE OF PUBLIC HEARING ON THE STATUS OF FUNDED ACTIVITIES FOR THE MEALS -TO -GO PROGRAM. 540e444.e►e 2+ti Pursuant to the requirements of Section 508 of the Housing and Community velopment Act of 1987, as amended, the CITY OF RIVERDALE will hold a public hearing on TH AT -1 oo p.m at the CITY OF RIVERDALE 110 MANOR DRIVE RIVERDALE, IOWA 52722. The purpose of the hearing will be to discuss the status of funding for the MEAL -TO -GO -PROGRAM. The project is being funded in part through a Community Development Block Grant provided by the Iowa Economic Development Authority and CITY OF RIVERDALE. IF you have questions concerning the project and are unable to attend the meeting you may contact the CITY CLERK AT (563)355-3511. Persons interested in the status of funding or the progress of the project are welcome to attend this meeting.