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HomeMy Public PortalAbout2022 0510 Council Packet KK 05/06/2022 RIVERDALE CITY COUNCIL AGENDA PLACE: Riverdale City Hall, 110 Manor Drive, Riverdale, Iowa DATE: May 10, 2022 TIME: 7:00 p.m. The regular meeting of the City Council of Riverdale, Iowa, will be conducted according to the following order and actions will be considered on the items listed. The notice of this meeting is not considered final until 24 hours prior to the meeting and may be further modified if 24 hours’ notice is impossible or impractical for good cause. In compliance with the Americans with Disabilities Act (ADA) and other applicable federal and state laws, all public hearings and meetings held or sponsored by the City of Riverdale, Iowa, will be accessible to individuals with disabilities. Persons requiring auxiliary aids and services should contact City Hall at (563)355-2511 five days prior to the hearing or meeting to inform of their anticipated attendance. The requirement that an Ordinance be read three times before passage may be waived by council upon an affirmative vote of four (4) of the five (5) council members. The public is advised to take note of this process and be prepared to speak either for or against any ordinance at the time of the first reading. Per Chapter 21 of the Iowa Code, more specifically described in sections 21.3 and 21.8, a member of the Council may attend the meeting either in-person or by electronic means, as defined in said sections. 1. WELCOME 1.1 Call to Order 1.2 Roll Call 1.3 Pledge of Allegiance 2. PUBLIC COMMENT Per Iowa Code 21.7, this governmental body make and enforce reasonable rules for the conduct of its meetings to assure meetings are orderly, and free from interference or interruption by spectators. The public is encouraged to provide and insights on the proposed agenda and other items of concern. Public comment time is limited to three (3) minutes per speaker. Speakers will introduce themselves, their topic(s) concern, and provide their address for the record. Public comments do not need to be in support of proposed actions but are to be constructive and respectful. A lack of decorum will result in the end of comment period and possible removal from the meeting. All members of council, the public, and staff are encouraged to find ways to effect positive change in their comments and their actions for the betterment of our community. Page 1 KK 05/06/2022 3. PRESENTATION AND PROJECT UPDATES 3.1 City Administrator Report ........................................................................................................................ 4 3.2 Deputy Clerk Report .................................................................................................................................. 7 3.3 MSA Engineer Report ................................................................................................................................ 10 4. REVIEW/APPROVAL OF THE AGENDA All items under the consent agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior to the Council votes on the motion. 4.1 Consideration of Council Meeting Minutes from April 26, 2022 .............................................. 16 4.2 Consideration of Treasurer's Financial Reports 2nd Half of April 2022 .................................. 18 4.3 Consideration of Warrants for May 10, 2022 ................................................................................... 24 5. DISCUSSION AGENDA 6. RESOLUTIONS 6.1 2022-33 Resolution Approving a Contract for a Review of Funds and Account Balances and Expenditures for FY21 and FY22 [Tabled 04/26/2022] .................................. 26 6.2 2022-38 Resolution Approving the Transfer of FEMA Storm Funds to the General Fund ................................................................................................................................................................. 35 7. ORDINANCES 7.1 01-2022 Ordinance Setting a City Code of the City of Riverdale (rental fees and policies) ........................................................................................................................................................... 36 7.2 02-2022 Ordinance Amending a City Code of the City of Riverdale (Deputy Clerk job duties) ...................................................................................................................................................... 50 8. ADMINISTRATION 8.1 Update on Get Out And Trail event 9. REPORT FROM MAYOR 10. PUBLIC COMMENT The public is welcome to provide any follow-up on comments to the proceedings of the meeting subject to all rules established in the first comment period. 11. PROJECT PRIORITIZATION The Council will go through a list of due outs developed during the meeting and prioritize staff workload for the coming two weeks. 11.1 Completed Actions Audit 11.2 Pending Actions and Completion Date Page 2 KK 05/06/2022 Maintenance Worker Completion Date 5/1/2022 Sewer Rates Completion Date 6/19/2022 Fence by Brenny’s Completion Date 05/31/2022 Budget Development 11.3 Actions Not Started Zoning Ordinances Changes 2/15/2022 15. ADJOURNMENT OTHER MEETINGS/CITY EVENTS OF NOTE Meeting Date Time Location Planning & Zoning Meeting Thursday 05/19/2022 7:00 p.m. City Hall Council Meeting Tuesday 05/24/2022 7:00 p.m. City Hall RFD Water Fights Saturday 06/04/2022 TBA City Hall Ice Cream Social Saturday 06/04/2022 2:00 p.m. Volunteer Square Park Council Meeting Tuesday 06/14/2022 7:00 p.m. City Hall Council Meeting Tuesday 06/28/2022 7:00 p.m. City Hall Page 3 Memorandum Date: May 5, 2022 To: Mayor Anthony Heddlesten Members of the City Council From: City Administrator Kent Royster Re: Administrative Notes (April 22-May 6, 2022) 1. Exam Exit Interview/Report I just received this today May 6th, 2022. This will be included in the next council packet for your review. 2. Maintenance Worker Position Sam Hollars started working Monday May 2, 2022. The first part of the week was spent on just assisting him 3. Woods Development The developer will be seek a reduction in the Letter of Credit. It will be on the agenda no later than the last meeting in May. (Same as the last Administrator’s report.) The developer has requested information zoning of the commercial parcel. He continues to have ideas regarding this parcel. This week alone Scott County Planning and Zoning issued one CO and one building permit. I have yet to see movement on cutting of the trees on the commercial property. 4. Joint Use Sewer Technical Committee Meeting This committee is the staff of 28E sewer communities. It is important the City of Riverdale is represented on this committee. This meeting was held at the WWTP in Davenport, IA. Page 4 The WWTP staff is currently reviewing all property within the plant and projecting replacement costs. In addition, I was finally able to see the new UV treatment facility. 5. SCC Site plan review Chris Cooper was able to schedule a meeting with SCC on Monday, May 9th with IMEG SCC’s engineer. I believe that we were able to voice our concerns. I have included a copy of the Chris Cooper’s letter to IMEG for your review. 6. Wildlife Issues I approved the invoice for to remove the beavers in Duck Creek. We have lost three mature conifers. QC Wildlife continues to monitor the coyote problem. 7. Sewer Rate Analysis This week a sent a large file off for analysis. We should be begin to have some rough numbers by the end of June 2022. I am planning on a Teams meeting with Susan Gerlach on Monday May 9th. 8. Bi-State Monthly Meeting I attended the Bi State Monthly Meeting on April 27, 2022. The commission was discussing (CEDS) Comprehensive Economic Development Strategy. 9. Public Hearing on June 14th We will be holding a Public Hearing on June 14th at 630 to discuss the Emergency Access Road. 10. 2022-33 Resolution approving a contract for review of funds and accounts and expenditures for FY21 and FY22 Last couple of council meetings I gave you a couple of proposals for your review. RSM was one. The other was from Chris Fennelly. I am recommending that the City proceeds with Mr. Fennelly. After you, approve this contact the next step will be to work with all of the interested parties. Page 5 11. 02-2022 Ordinance Setting the Job Duties of the Deputy Clerk Staff is just cleaning up a few of the outstanding the Ordinance describing the position is easier than creating a job description for this position. As always thank you for the opportunity to be your City Administrator. Kent Royster Page 6 Deputy Clerk Report 04/21/2022 to 05/06/2022 MEETING DOCUMENTS: • Assisted in the creation of the 5/10/2022 council meeting agenda and assembled the meeting packet. Posted agenda in 4 locations; emailed to interested parties; delivered to Beth, Doug, and Kevin. • Researched and wrote 2 resolutions and 2 ordinances. Worked with City's attorney to edit room and park rental ordinance and forms. Sent job description ordinance to City attorney (not reviewed yet). • Prepared 4/26/2022 council meeting minutes and sent to QC Times for publication. MEETINGS: • Attended Iowa Municipal Finance Officers Association spring conference/training in Des Moines, Iowa. Earned 6 credits toward certification. OFFICE/ORGANIZATIONAL: • Scanned all paper invoices and check stubs into Laserfiche. • Continued to work on Laserfiche reorganization. • Reviewed all documents on the desktop from previous clerks and filed in appropriate places. • Cleared off the counter in the storage room. FINANCIAL: • Scanned and mailed all checks approved at the 4/26/2022 council meeting. • Entered invoices and printed checks for approval at the 05/10/2022 council meeting. • Continued to correspond with the owner of 1033 Valley Drive regarding sewer bills. • Completed paperwork and ordered credit card for maintenance worker. • Created a spreadsheet of sewer billing issues; resolved several; will continue to work on others. • Researched gWorks' ability to print sewer bills on 8.5x11 sheets of paper in lieu of postcards. Sample attached to this report. EVENTS/COMMUNITY ENGAGEMENT: • Started MidAmerica Trees Please! and Iowa DNR Trees for Kids grant follow-up reports. • Created May newsletter and supervised PVHS Service Learning volunteers in completing the mailing. • Prepared for Get Out And Trail event; purchased door prize, snack, water, tested tent with maintenance worker, arranged for PVHS Service Learning volunteers to help with event. MISC.: • Worked with printer to design new envelopes; ordered window envelopes. • Worked with printer to design new business cards; proofs to be reviewed on 05/10/2022. • Researched Iowa Code for requirement to keep originally signed documents. Page 7 • Checked in with Simmering regarding codification of 11 ordinances. • Recreated and finalized 3 permit forms. Created a 4th permit form; began researching other local cities' permit fees. Will propose ordinance for 4th permit and fee. • Confirmed headshots at City Hall on 05/10/2022 and set appointment times. Page 8 Page 9 City of Riverdale, IA PROJECT UPDATE Page 1 of 2 P:\10800s\10870s\10876\PROJECT UPDATES & MEETINGS\Project Updates\2022 Updates\220510 Riverdale Project Update.docx PROJECT UPDATE ½ A Review of MSA Projects in Your Community CLIENT LIAISONS: Kevin Bailey, PE, Team Leader & Office Manager Phone: (563) 424-3701 Email: kbailwey@msa-ps.com Christian R. Cooper, PE, CPESC. Phone: (563) 424-3696 Email: ccooper@msa-ps.com DATE: MAY 10, 2022, 2022 SANITARY SEWER REHABILITATION PROJECT – PHASE 2 MSA distributed an assessment of current conditions to the Contractor. Pleasant Valley High School is requesting their practice field be restored as soon as possible. MSA has forwarded this request. Visu-Sewer is now indicating they will finish the project the first part of June. WOODS ESTATES EMERGENCY ACCESS ROUTE This project is now ready to be bid. It is MSA’s understanding that a Public Hearing is scheduled for June 14, 2022. SCOTT COMMUNITY COLLEGE ADDITIONS MSA met with the City Administrator, Sam Hollars, and IMEG to discuss this project. MSA has reviewed the plans and provided their review comments. The major item of concern is discharge from the Campus has caused significant scour erosion that has exposed a campus sanitary sewer. MSA has requested this sewer be reinforced and secured. Furthermore, this portion of discharge channel be stabilized. RIVERDALE STORM SEWER STRUCTURES EVALUATION MSA has completed their field assessment of all the damaged intakes. MSA has researched chemical treatments of concrete to better protect reinforcement against chlorides (i.e. salt). Page 10 PROJECT UPDATE Page 2 of 2 P:\10800s\10870s\10876\PROJECT UPDATES & MEETINGS\Project Updates\2022 Updates\220510 Riverdale Project Update.docx PROJECT UPDATE City of Riverdale, IA May 10, 2022 WATER MAIN BREAK ON FENNO ROAD MSA has reviewed this project. In our opinion, all the punchlist items have been addressed.. OTHER? Page 11 Page 12 Page 13 Page 14 Page 15 RIVERDALE CITY COUNCIL MINUTES PLACE: Riverdale City Hall, 110 Manor Drive, Riverdale, Iowa DATE: April 26, 2022 TIME: 7:00 p.m. NOTE: The Regular Meeting of the City Council was held in-person at the appointed time and day in accordance with open meeting laws set and defined by the State of Iowa (Sections 21.2 and 21.8). 1. WELCOME 1.1 CALL TO ORDER - The meeting was called to order at 7:00 p.m. by Mayor Pro Tem Kevin Adams. 1.2 ROLL CALL - Council Members present: Adams, DCamp, Halsey, Jurgena, Littrel. Absent: Mayor Anthony Heddlesten. Also present: Engineer Chris Cooper, City Administrator Kent Royster, and other residents and visitors. 1.3 AGENDA APPROVAL - Motion by DCamp, seconded by Jurgena, to approve the agenda. All ayes. MC 2. REVIEW/APPROVAL OF THE CONSENT AGENDA Motion by Jurgena, seconded by DCamp, to approve the consent agenda. All ayes. MC Claims Report: VENDOR REFERENCE AMOUNT ADVANCED BUSINESS SYSTEMS COPIER FEES $ 312.48 AFLAC AFLAC PRE-TAX $ 218.66 BI-STATE REGIONAL COMM MAC MEETING $ 14.83 CENTURY LINK MONTHLY TELEPHONE SERVICE $ 244.20 EFTPS PROCESSING CENTER FED/FICA TAXES $ 2,407.36 EMC INSURANCE COMPANIES WORK COMP/AUTO/PROPERTY INS $ 43,826.00 HOPKINS & HUEBNER, P.C. LEGAL FEES $ 380.00 HY-VEE, INC CATERING - WINTER CELEB $ 85.00 IOWA AMERICAN WATER MONTHLY UTILITIES $ 57.82 IPERS IPERS $ 1,654.21 LASER CUT IMAGES RFD SERVICE PLAQUES $ 120.00 QUAD CITY TIMES 1/11/22 MINUTES $ 284.28 STORAGE RENTALS OF AMERICA STORAGE RENTAL $ 238.00 TREASURER, STATE OF IOWA TAXES $ 1,155.48 TWINSTATE TECHNICAL SERVICES ANNUAL MS EXCHG AND SVC FEES $ 3,973.50 UMB BANK, N.A. GEN OBLIG CAP LOAN NOTE $ 75,843.75 VERIZON CITY HALL CELL PHONES $ 144.50 Accounts Payable Total $ 130,960.07 Payroll-Second Pay Period of April 2022 Brian Ballard $27.20, Kelly Krell $1,321.57; Kent Royster $1,921.74. Total $3,270.51 3. RESOLUTIONS 3.1 2022-33 Resolution Approving a Contract for a Review of Funds and Account Balances and Expenditures for FY21 and FY22. Motion by DCamp, seconded by Jurgena. All ayes. MC Motion to table by DCamp, seconded by Littrel. All ayes. MC 3.1 2022-34 Resolution Approving a Contract with MSA Professional Services to Review the Site Plan for Scott Community College Allied Health Addition. Motion by DCamp, seconded by Jurgena. All ayes. MC Page 16 Motion to amend resolution by Littrel, seconded by DCamp, All ayes. MC Motion to approve contract by Littrel, seconded by DCamp. All ayes. MC 3.1 2022-36 Resolution Approving an Amendment to Resolution 2021-27: A Resolution Entering into an Agreement with MSA Professional Services to Design the Emergency Access from Circle Drive/Pleasant Hills 1st Addition to Linda Drive/Woods Estate Phase II. Motion by DCamp, seconded by Littrel. All Ayes. MC 3.1 2022-37 Resolution Amending the Contract with CivicPlus for Website Design, Training, Implementation, and Maintenance. Motion by Jurgena, seconded by DCamp. All ayes. MC 4. MOTION TO MOVE INTO CLOSED SESSION Motion by DCamp, seconded by Littrel, to move into closed session. ROLL CALL: Adams aye, DCamp aye, Halsey aye, Jurgena aye, Littrel aye. All ayes. MC 5. CLOSED SESSION Council met in closed session pursuant to Iowa State Code 21.5(1)(i) to evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to present needless and irreparable injury to that individual's reputation and that individual requests a closed session. Motion to adjourn by DCamp, seconded by Jurgena. All ayes. MC 6. RECONVENE TO OPEN SESSION Motion by Littrel, seconded by Halsey, to reconvene to open session. All ayes. MC 7. RESOLUTION 7.1 2022-35 Resolution Approving the City Administrator's Appointment of Sam Hollars to Fill the Position of Maintenance Worker. Motion to consider by Littrel, seconded by Halsey. All Ayes. MC. Motion to approve by DCamp, seconded by Jurgena. All ayes. MC 8. ADJOURNMENT Motion by Littrel, seconded by Halsey. All ayes. MC. The regular meeting of the City Council was formally adjourned at 8:14 p.m. FOR THE CITY OF RIVERDALE: ATTESTED BY: _____________________________________________ _____________________________________________ Kevin Adams, Mayor Pro Tem Kent Royster, City Administrator Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 RESOLUTION NO. 2022-33 A RESOLUTION APPROVING A CONTRACT FOR A REVIEW OF FUNDS AND ACCOUNT BALANCES AND EXPENDITURES FOR FY21 AND FY22 WHEREAS, the City of Riverdale, Iowa ("City") is a municipal corporation, organized and operating under the laws of the State of Iowa, and; WHEREAS, a concerned citizen has raised questions regarding the City's FY21 and FY22 accounting of funds, and account balances and expenditures, “(the project)” and; WHEREAS, for sake of efficiencies the city sent RFQs to several major accounting firms; and WHEREAS, the City of Riverdale received two proposals from the RFQ; and WHEREAS, the attached Letter of Engagement specifies the engagement of Christopher Fennelly; and WHEREAS, the City Administrator recommends hiring Christopher Fennelly to complete this work, and; WHEREAS, as the project is scheduled presented to the City of Riverdale City Council on June 14th council meeting; and WHEREAS, the funding source for this project is _______________________________. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA, THAT the Mayor is authorized to enter into a Letter of Engagement with Chris Fennelly for a total sum of $____________ to complete review of the City's FY21 and FY22 of funds and account balances and expenditures. Passed and approved this 10th day of May 2022. APPROVED: ATTEST: ______________________________________________ ______________________________________________ Anthony Heddlesten, Mayor Kent Royster, City Administrator Page 26 April 22, 2022 Kent Royster City Administrator City of Riverdale 110 Manor Drive Riverdale, Iowa 52722 Statement of Work – City of Riverdale The following is a proposal to enter into a consulting agreement between and the City of Riverdale (“Client,” “you”, “your”) and Christopher J. Fennelly (“I”, “me” “my”). I will provide technical accounting and consulting services to the City of Riverdale related to the Tax Increment Financing (“TIF”) fund and the city’s General Fund for the year ended June 30, 2021 (“FY21”). The scope of work will include the following: • Meet with client management and personnel to gather information and access to relevant financial and administrative records • Meet with any other identified third parties to gain an understanding of any concerns or questions about the City’s accounting for the TIF and General Fund. • Analyze the TIF fund expenditures and classifications inception to date. • Review the General Fund budgeted and actual expenditures for FY21. • Meet with client to provide results of the analysis and determine if expanding the scope of the engagement to analyze other Fiscal Year activities is warranted. It is my understanding that a citizen(s) of the City of Riverdale has raised questions about the City’s accounting of expenditures and I have been engaged by the Client to assist in addressing these concerns, as well as to identify any errors or irregularities that may lead to recommendations to make adjustments to the books and records of the City for FY21. Actual hours will be billed at $150 per hour. My billing rate for the various consulting projects outlined below ranges from $250-$400 per hour depending on the complexity and nature of the investigation. As an Iowan and resident of the Quad Cities, I have discounted my rate accordingly in an effort to minimize the financial impact of this project to the City of Riverdale. Based on discussions with management and review of publicly available documents, I estimate it will take approximately 30-45 hours to complete this engagement. My ability to complete the scope of work efficiently will be dependent on Client management and employees providing information and data in a timely manner. Any expansion of the scope of the engagement will be discussed with the Client and covered under an additional Scope of Work to be approved by the Client. I have been engaged to assist and advise you regarding the TIF and General Fund expenditures. I assume no responsibility and will make no representations with respect to the accuracy or completeness of any information provided by Client. Any analysis or documentation prepared during the course of this project represents Client documents and any final determination of the appropriate accounting treatment and/or adjustments to the TIF or General Fund accounting are the sole responsibility of the Client. I will make no Page 27 representations regarding the sufficiency of the work for which this analysis has been requested or for any other purpose. I have been engaged to provide consulting services to assist in management’s analysis of the TIF and General Fund in order to reach its own conclusions. The work to be performed will not constitute an audit, review or compilation of the TIF, the Client’s Financial Statements or any part thereof, nor the external examination of management’s assertions concerning the effectiveness of the Client’s internal control systems or an examination of compliance with any applicable laws, regulations or other matters. Accordingly, my performance of the agreed upon scope of work will not result in the expression of an opinion, or in any other form for assurance on the TIF, the Client’s Financial Statements or any part thereof, nor an external opinion or any other form of assurance on the Client’s Internal Control systems or its compliance with any laws, regulations or other matters. Fees and Expenses Fees for the services outlined in this SOE will be based on actual time and materials incurred during the course of the engagement. My typical hourly rate ranges from $200-$400/per hour based on the complexity of the investigation and domestic/international considerations. I was born and raised in the Quad Cities and currently reside in Davenport. Accordingly, I propose an hourly rate of $140 per hour as a “hometown” discount and based on my understanding of the nature of the project. Any direct expenses will be directly billed and I expect will be limited to standard IRS mileage rates for travel to Client site, meals and supplies. Other Findings/Expansion of Scope As noted above, if it is determined by management that the time period under analysis needs to be expanded to other Fiscal Years for the General Fund, I will prepare an estimate and proposal for your approval. In the event that the work performed identifies any potentially inappropriate or illegal activities, I would suggest that I meet with the Mayor of Riverdale and Internal/External Legal Counsel as he/she deems appropriate to discuss the findings and next steps. In the event it is determined that the work be expanded to investigate further, I would require a separate letter of engagement and suggest that I be engaged directly by Counsel in order to keep the investigation protected under Attorney Work Product. Page 28 Christopher J. Fennelly 940 Spalding Blvd Davenport, IA 52804 (312) 560-5555 Cjfenn13@gmail.com Experience Chris has deep experience in investigative and accounting restatement matters in connection with US laws and regulations, including inquiries by the SEC and the DOJ and FCPA matters. He has over 20 years of experience in international and U.S. Domestic investigations, accounting restatements, audits and due diligence assignments, including both external and internal audit experience. Independent Consultant - (Jan 2014 – Current) Engaged by the General Counsel of a Privately Owned Midwest Multi-National Corporation to assist in all manners of Forensic Accounting consulting. Work performed between 2014 and 2020 totaled approximately 3,000 hours and included assistance with internal investigations, damages analysis for litigation matters and lost profits analysis for Insurance Claims. Conducted eleven projects for individuals and small businesses with a scope of work ranging from 20-150 hours. Due to client confidentiality, I have included examples of the scope and nature of some of these projects: • Financial Statement analysis and “scrub” to identify any accounting errors or irregularities in preparation for sale of business • Conducted interviews and analysis of the books and records of a regional manufacturer to identify the scope and nature of increases in the percentage of annual scrap rates. • Investigated the partner of a bar/restaurant related to concerns of embezzlement prior to the partner “buy-out”. Prior to the engagement, the proposed purchase price was $250,000. As a result of the engagement, the shares were sold for $1 and the partner engaged inappropriate activities signed a note payable to the primary owner for an additional $150,000. In certain of these projects, I assisted the Client and Client’s Legal Counsel to pursue civil and criminal charges against third parties and also assisted with preparation of documentation and reports used in discussions and negotiations with the IRS and State and Local Tax Regimes. Audit Director, Special Projects Group, Office of Global Compliance-Weatherford International (May 2009 – Jan 2014) Responsible for leading, managing, developing and implementing the investigative Component of the global ethics and compliance program for one of the largest providers of oilfield services and products with operations in over 100 countries and more than 60,000 employees. Responsible to develop and implement various global compliance policies and procedures, including a Code of Business Conduct, Anti- Page 29 Corruption Compliance Manual, Conflict of Interest Policy, Anti-Money Laundering Policy, Insider Trading Policy, Annual Ethics and Compliance Questionnaire, and Compliance Due Diligence and Integration Protocols for intermediaries, mergers, acquisitions, and joint ventures. • Managed a team a 10 accountants and lawyers • Conducted numerous internal investigations and reported to CEO/CFO/General Counsel and Audit Committee as determined necessary • Planned, Managed and Conducted FCPA Compliance Audits in over 40 Countries to determine compliance with the FCPA and other anti-corruption laws and with the company’s Code of Business Conduct. • Worked closely with External Counsel and CPA Firm on Companies Audit-Tax Restatement • Primary Accounting Resource on SEC/DOJ Investigation • Managed and/or Conducted over 1,500 Anonymous Hotline Matters and liaised with HR, Internal Audit, Legal and Corporate and Country Management as appropriate Director, Global Investigations and Dispute Practice, Navigant Consulting (June 2005 – May 2009) • Based in Hong Kong from 2007-2009 leading Navigant’s Asia Pacific Practice Senior Manager, Ernst & Young Investigations and Dispute Practice, (June 2000 – May 2005) Manager, Ernst & Young Mergers and Acquisitions Practice (January 1998 – June 2000) International experience includes; Algeria, Angola, Argentina, Australia, Azerbaijan, Bahrain, Belgium, Bolivia, Brazil, Canada, China, Colombia, Congo, Costa Rica, Denmark, Ecuador, Egypt, France, Germany, Ghana, Hong Kong, India, Indonesia, Iraq, Italy, Japan, Jordan, Kazakhstan, Malaysia, Mexico, the Netherlands, Nigeria, Norway, Philippines, Romania, Saudi Arabia, Singapore, Sweden, Switzerland, Taiwan, Thailand, Trinidad, Turkmenistan, U.A.E., Ukraine, United Kingdom, Venezuela, Vietnam. Additional Experience » Mr. Fennelly has worked on over 75 due diligence projects for both private equity and corporate clients. His due diligence experience include primarily the manufacturing, retail and construction industry segments, and both international inbound and outbound transactions involving acquiring and target companies. » Participated in a six-month National rotation in Ernst & Young’s Enterprise Risk Management (“ERM”) Practice. Rotation included development of methodologies and tools focused on the identification and mitigation of risk throughout the entire enterprise. Conducted numerous client workshops focused on identifying risks to the client’s business and worked with management to design and implement changes to the control environment. Education • Bachelor of Science, in Accountancy University of Northern Iowa, May 1992 Professional associations Page 30 • American Institute of Certified Public Accountants • Association of Certified Fraud Examiners Investigative Experience » Assisted in house and external counsel on an internal investigation in Thailand, Singapore and Kuala Lampur related to potential violations of local Anti-Bribery Laws and the F.C.P.A. Investigation involved potential use of third party agents to remit payments to government officials for award of service contracts, as well as international trips for government officials allegedly paid for by local Company executives. Performed a fraud audit of construction costs on behalf of one party of a $35 million construction joint venture. Identified approximately one million dollars of fictitious construction costs diverted to an LLC owned by the JV Partner through fictitious and double invoicing. » Led internal investigation of the People’s Republic of China subsidiary of a major food products company. Coordinated investigation with team members from Mainland China, Hong Kong and Singapore at multiple client locations, conducting 25+ interviews of employees and third parties. Worked closely with external auditor “shadow investigation team” in China and assisted Senior Management and the Audit Committee to present sufficient information to outside auditors to complete SEC filings. Assisted client in the development of remedial actions and enhancement of the Chinese subsidiaries control environment. » Assisted Medical Device Company in the development and implementation of a FCPA Assessment & Compliance Program for its third party distributor network. Work was performed in conjunction with the Company’s “Post-FCPA investigation” remedial action plan. Site visits included interviews and transaction testing, controls compliance reviews in over 30 jurisdictions, including China, India, Vietnam, Thailand, the Philippines, Singapore and Taiwan in SE Asia. » Investigated potential embezzlement and accounting irregularities at an international subsidiary of a Fortune 100 manufacturer. Prepared and presented fact finding report to company’s board of directors. Report led to asset recovery and successful prosecution of two company executives. Assisted client in the development of a remedial action plan to improve the control environment based on the findings of the investigation. » Assisted Counsel of a U.S. Multi-National to conduct an internal investigation of potential violations of the FCPA in the People’s Republic of China. Coordinated investigation with outside counsel, client internal audit and General Counsel’s office, and U.S. and China based forensic accounting and computer forensic investigative teams. Investigation included review of numerous overseas trips with management from various SOEs and review of transactions and relationships with external sales agents. Assisted client management in developing and presenting findings to its external auditors and Audit Committee. Worked closely with Outside Counsel to assist management in the presentation of findings to the U.S. DOJ as part of a Voluntary Disclosure. Page 31 The engagement team worked closely with the Client’s Compliance Group to develop a remedial action plan to address issues identified during the investigation, and prepared the necessary adjustments to correct the Company’s Accounting Books and Records. Action plan included the development of processes and controls surrounding the future retention of external agents, changes to requirements for supporting documentation surrounding trips, and other changes to the control environment. » Assisted outside counsel to conduct an internal investigation of potential violations of the FCPA at the Mexican subsidiary of a Fortune 500 Company. Worked closely with Outside Counsel to assist management in the presentation of findings to the U.S. DOJ as part of a Voluntary Disclosure. » Assisted Management and External Counsel of an oil and gas pipeline construction company to respond to questions and concerns of the Company’s external auditor identified during the investigation of FCPA violations at the Client’s South American and African subsidiaries. Investigation involved over 50 interviews of management and employees of the Company’s corporate offices and African subsidiary and the preparation of nearly 200 responses to external auditors related to specific documents and issues requiring individual review and assessment to determine financial statement impact. Responses provided external auditor with sufficient information to satisfactorily complete audits of the Company’s current and restated financial statements. Worked directly with client’s General Counsel and Outside Counsel to draft Company’s position paper to the Department of Justice. » Assisted management of an International Consulting Company in the restatement and issuance of its SEC Filings. Experience included accounting policy matters, multi-year restatement accounting, remedial and corrective actions and liaison with external auditors. » Retained by management of major international manufacturer to perform covert investigation of several expatriate and local executives in the People’s Republic of China. Prepared and presented fact finding report to company Senior Executives. » Led team supporting the management of a publicly traded retail company under SEC investigation. Investigation identified improprieties leading to the termination of a senior executive outside of the scope of the original SEC investigation. Prepared and jointly presented with Company’s outside counsel a fact-finding report to the SEC and DOJ, leading to the termination of the investigation of the Company. » Performed internal investigation for management of Fortune 500 Manufacturer related to whistleblower allegations of violations of the F.C.P.A. Worked with management and outside counsel reviewing email and conducting fact finding interviews. Prepared fact finding report for outside counsel. » Assisted External Counsel to investigate potential fraud at a publicly traded transportation on behalf of the Company’s Audit Committee. Assisted the company’s Audit Committee to provide the outside auditor with sufficient information to complete SEC filings. Also assisted with pending SEC and DOJ investigations and client in the development of remedial actions and enhancement of the Company’s internal control environment. Page 32 » Assisted External Counsel in the investigation of transactions with customers and suppliers, related to accounting entries and allegations of misconduct at the Canadian division of a multi-billion dollar wholesale distributor of office products on behalf of the Audit Committee. Assisted in the development of fact finding report presented to the Audit Committee. » Investigated accounting irregularities at a telecommunications company on behalf of the Audit Committee. After whistleblower allegations prompted an SEC investigation, assisted the Audit Committee with the fact-finding presentations to outside auditor and SEC, leading to the termination of the SEC investigation. » Functioned as project manager for a team of 20 professionals on a six month internal investigation and analysis of thousands of contracts for assets under management for the general counsel of one of the world’s largest Financial Services firm. Engagement included analysis of multiple reporting entities on an unconsolidated and consolidated basis. Management shared the results of the analysis performed with the Firm’s external auditors, and it was determined that an accounting restatement of previously issued Financial Statements was not necessary. » Performed an investigation for the management of a Manufacturing Company of a Divisional controller of a major business segment suspected of embezzling. Identified and documented a theft of nearly a half million dollars leading to the prosecution of the employee and partial recovery of assets. » Investigated the activities of the former owner of a recently acquired Company serving the role of President. Identified and documented accounting irregularities resulting in a purchase price adjustment of approximately $5.0 million (10% reduction). Investigation also identified approximately $250,000 of assets diverted by the subject of the investigation during the first two months post acquisition. » Performed an internal investigation of time and expense reporting for a privately held manufacturing Company. Coordinated investigation at 9 international and 13 domestic locations. Identified and documented the embezzlement of funds of three individuals leading to prosecution and restitution. Assisted client with the implementation of a global time and expense reporting control system. » Performed an investigation for the management committee of the activities of two partners of a regional partnership. Investigation identified improper use of corporate assets, unauthorized expenditures and fraudulent client billings leading to the dismissal and prosecution of the two partners. Additionally, the investigation identified a third partner that was billing and invoicing personal expenses as professional fees for a company owned by his spouse. Worked closely with the management committee in dealing with various State and Federal Authorities and Agencies to resolve the matter. » Performed an investigation for the audit committee of an SEC registrant of certain accounting and reporting issues raised by a whistleblower regarding management of an international subsidiary. Page 33 » Performed an internal investigation of the management of a Dutch manufacturing facility of a Fortune 250 consumer products company. Identified a kickback scheme and embezzlement perpetrated by the Plant General Manager, Controller and Vice President of Sales. Documented a theft and diversion of Company assets totally nearly $1.5 million dollars. Assisted the client in the development of remedial actions and enhancements to the internal control environment. » Performed an internal investigation for the management of alleged kickbacks and sale of patented technology of a privately held defense contractor. Prepared fact finding report for Executive Management. » Conducted a Fraud Scenario Risk Assessment for an approximately $500 million Software Company. Project included identifying types of potential fraud in the Company’s 12 major business cycles (i.e. Financial Reporting, Treasury, Revenue, etc..) , interviewing over 50 process owner’s and senior executives, identifying mitigating controls and developing recommendations for the implementation of new controls, or changes to existing controls. » Performed a fraud audit of construction costs on behalf of one party of a $35 million construction joint venture. Identified approximately one million dollars of fictitious construction costs. Page 34 RESOLUTION NO. 2022-38 A RESOLUTION APPROVING THE TRANSFER OF FEMA STORM FUNDS TO THE GENERAL FUND WHEREAS, the City of Riverdale, Iowa ("City") is a municipal corporation, organized and operating under the laws of the State of Iowa; and, WHEREAS, The City Clerk of the City of Riverdale, Iowa, has reviewed the balance of the remaining funds in Special REVENUE ACCOUNT FEMA (DERECHO) for the purpose of documenting grant revenue; and, WHEREAS, the balance in Special REVENUE ACCOUNT FEMA (DERECHO) is $11,250.00; and, WHEREAS, The balance of Special REVENUE ACCOUNT FEMA (DERECHO) is required to be transferred to the General Fund; and, NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA, THAT: Section 1. That the sum of $11,250.00 shall be transferred from Special REVENUE ACCOUNT FEMA (DERECHO) to the General Fund and that the City Clerk shall do all things necessary in furtherance of the purpose of this resolution. Passed and approved this 10th day of May 2022. APPROVED: ATTEST: ______________________________________________ ______________________________________________ Anthony Heddlesten, Mayor Kent Royster, City Administrator Page 35 May 5, 2022 In the April 12, 2022, Council meeting, I suggested several changes to the City's room and park rental forms and policies. Upon recommendation by Council, I've spoken with the City's attorney, Paul Macek. Mr. Macek indicated that there are a couple of issues with renting spaces, in general, and in charging different rates to residents versus non-residents: Issue #1 - Competition with private industry In a letter to Tim Long, former City Administrator, dated March 21, 2019, Mr. Macek indicated that, "Section 23A.1 of the Iowa Code generally prohibits a city from competing with a private enterprise. Section 23A.2(1) states that a political subdivision shall not, unless specifically authorized by ordinance, offer or provide goods or services to the public. Arguably, using the community hall in this fashion is in competition with other sites or venues that provide space for weddings, receptions, parties, and other gatherings. Therefore, the City needs an ordinance that allows for this. My cursory review of the City Code reveals no such ordinance." I have additionally searched the Code of Ordinances and find no such ordinance. Therefore, I believe the first step is to create and pass an ordinance regarding facility rentals. Please find the attached draft ordinance for your review. Issue #2 - Charging residents and non-residents different rental rates In a phone conversation with Mr. Macek, he indicated that he believed it would be permissible to charge different rental rates to residents and non-residents, IF the City were to document the costs associated with building and maintaining those spaces (including depreciation), show how residents' tax dollars subsidize those expenses, and create an argument for why non -residents should pay more because they're not paying taxes to the City, and therefore, not participating in the subsidization of building and maintenance of those facilities. As much as I'd love to perform such an analysis, I'm confident that it's not realistic at this time. Therefore, I will change my recommendation from charging different rental rates to charging the same rental rates for residents and non-residents. Mr. Macek has reviewed all rental forms and made several suggestions, which have all been incorporated into the forms. Please find the attached revised rental forms for your review. I would recommend waiting to implement these forms (or edited versions of these forms) until an ordinance is passed. Thank you, Page 36 ORDINANCE # 01-2022 City of Riverdale, Iowa An Ordinance Setting Facility and Park Rental Procedures and Fees WHEREAS, the City of Riverdale (hereinafter referred to as "City") owns several facilities available for use by the public; and, WHEREAS, the City wishes to codify the rental procedures and fees for those facilities; and, WHEREAS, the following comes before City Council for consideration and codification. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA, THAT: SECTION I: The Code of Ordinances, Chapter ___, is hereby ordered to read as follows: CHAPTER ___ FACILITY AND PARK RENTAL PROCEDURES AND FEES 48.01 Purpose 48.05 Deposit 48.02 Rules and Regulations 48.06 Conduct of Guests 48.03 Legal Purposes 48.07 Risk 48.04 Rental Fee 48.08 Indemnity and Hold Harmless 48.01 PURPOSE The purpose of this chapter is to facilitate the enjoyment of facility and park rentals by the general public by establishing rules and regulations governing the use of facility and park rentals. 48.02 RULES AND REGULATIONS Renters shall abide by the rules and regulations as set forth by the City and as documented in the facility and park rental agreements. 48.03 LEGAL PURPOSES Renter shall utilize the facility and park rental spaces for legal purposes only and in compliance with local, state, and federal law. Any illegal activity will be reported to the Sheriff and will result in the renter being barred from future rentals with the City. Page 37 48.04 RENTAL FEE Renter shall pay a $30 rental fee for each event. The fee is waived for non-profit and governmental agencies acting in an official capacity for their employer. The rental fee shall be waived for City employees and officers if the cumulative free use is valued at less than $2,500 per fiscal year. If the cumulative free use totals $2,500 in any given fiscal year, the City employee or officer shall pay a $30 rental fee for each event (Iowa Code § 362.5(3)(k)) thereafter. Riverdale Fire Department volunteers shall be exempt from the $2,500 limitation and shall not be charged rental fees for any event at any time (Iowa Code § 362.5(3)(h)). 48.05 DEPOSIT Renter shall pay a refundable $30 refundable deposit for each event. The deposit is waived for non-profit and governmental agencies acting in an official capacity for their employer. The deposit shall be waived for City employees and officers if the cumulative free use is valued at less than $2,500 per fiscal year. If the cumulative free use totals $2,500 in any given fiscal year, the City employee or officer shall pay a $30 refundable deposit for each event (Iowa Code § 362.5(3)(k)) thereafter. Riverdale Fire Department volunteers shall be exempt from the $2,500 limitation and shall not be charged deposits for any event at any time (Iowa Code § 362.5(3)(h)). Deposits will be forfeited for failure to adhere to the facility or park rental agreement and the rules and regulations therein. The City shall refund the deposit after the event, conditioned upon inspection of the facilities and equipment, according to the rental agreement and the rules and regulations therein. 48.06 CONDUCT OF GUESTS Renter is responsible for the conduct of guests. Renter must ensure all people in attendance at events abide by the rental agreement and the rules and regulations therein. 48.07 RISK Renter shall use the facility and park rental spaces at renter's sole risk. The City is not responsible for any or all injury, illness, loss, theft, or damage to renter, renter's property, or renter's guests before, during, or after the event while on the premises. 48.08 INDEMNITY AND HOLD HARMLESS Renter shall indemnify and hold the City harmless from any and all loss, damage, injury, or costs renter or renter's guests may sustain before, during, or after their presence at the facility or park rental space and/or participation in the event. Page 38 Renter shall further indemnify and hold the City harmless from and against any loss, damage, injury, or costs caused by renter's acts or omissions, negligence, or otherwise, including any costs and attorney fees incurred thereby. SECTION II: CODIFICATION The provisions of Section I of this Ordinance shall be published as appropriate in the Riverdale Code of Ordinances as soon as practicable. SECTION III: SEVERABILITY CLAUSE If any section, part, or provision of this ordinance is declared unconstitutional or invalid by a court of competent jurisdiction, then it is expressly provided and it is the intention of the City Council in passing this Ordinance that its parts shall be severable and all other parts of this Ordinance shall not be affected thereby and they shall remain in full force and effect. SECTION IV: PUBLICATION AND EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage and publication according to law. READ, CONSIDERED, PASSED, AND APPROVED at a regular meeting of the City Council of Riverdale, Iowa, at which a quorum was present and which was held on the _______ day of ______________, 2022. APPROVED: ATTEST: ______________________________________________ ______________________________________________ Anthony Heddlesten, Mayor Kent Royster, City Administrator First Reading: _____________________________________________ (date) Second Reading: _____________________________________________ (date) Third Reading: _____________________________________________ (date) Page 39 CITY OF RIVERDALE ROOM RENTAL AGREEMENT Today's Date: Renter Name: Phone Number: Address: I. PROPOSED USE DETAILS Use Date: Estimated Attendance: Room(s) Requested: ☐ Community Room ☐ Council Chambers Start Time: End Time: Event Description: Request to Serve Alcohol: If yes, a copy of commercial or homeowner's insurance policy must be attached before placing on council agenda. Copy of Insurance Attached: ☐ yes ☐ no ☐ yes ☐ no II. TERMS AND CONDITIONS This Room Rental Agreement is made as of the date listed below between the City of Riverdale, Iowa (city) and the undersigned renter (renter). In consideration of the mutual covenants and promises contained herein, the city agrees to allow the renter to use the city's room located at 110 Manor Drive, Riverdale, Iowa, at the date and time specified above and on the terms and conditions contained herein. The parties agree as follows: 1. Renter agrees to comply with the rules and regulations of room rental, a copy of which has been provided to renter. 2. Renter agrees to use the room for legal purposes only and in compliance with local, state and federal law. Any illegal activity will be reported to the Sheriff and will result in the renter being barred from future rentals with the city. 3. Renter agrees to pay a $30 rental feel for each event. The fee is waived for non-profit and governmental agencies acting in an official capacity for their employer. Page 40 Additionally, the rental fee is waived for City employees and officers if the cumulative free use is valued at less than $2,500 per fiscal year. If the cumulative free use totals $2,500 in any given fiscal year, the City employee or officer shall pay a $30 rental fee for each event (Iowa Code § 362.5(3)(k)) thereafter. Further, Riverdale Fire Department volunteers shall be exempt from the $2,500 limitation and shall not be charged rental fees for any event at any time (Iowa Code § 362.5(3)(h)). 4. Renter agrees to pay a refundable $30 deposit per event. The deposit is waived for non-profit and governmental agencies acting in an official capacity for their employer. The deposit is waived for City employees and officers if the cumulative free use is valued at less than $2,500 per fiscal year. If the cumulative free use totals $2,500 in any given fiscal year, the City employee or officer shall pay a $30 refundable deposit for each event (Iowa Code § 362.5(3)(k)) thereafter. Riverdale Fire Department volunteers are exempt from the $2,500 limitation and shall not be charged deposits for any event at any time (Iowa Code § 362.5(3)(h)). All renters agree that they are responsible for clean-up and for any damage to the facility and equipment that may result from use by renter and/or their guests. The city agrees to return the full deposit to renter after the event, conditioned upon the immediate return of the security card and satisfactory inspection of the room and equipment, according to the rules and regulations. 5. Renter is responsible for the conduct of his/her guests. Renter must ensure all people in attendance abide by the room rules and these terms and conditions. 6. In consideration of the use of the room, renter agrees that they will use the room equipment and facilities at renter’s sole risk. Renter further agrees that the city will not be responsible for any or all injury, illness, loss, theft, or damage to renter, renter’s property, or renter’s guests before, during, or after the event. 7. Renter agrees to indemnify and hold the city harmless for any and all loss, damage, injury, or costs renter or renter’s guests may sustain before, during, or after their presence at the room and/or participation in the event. Renter agrees to indemnify and hold the city harmless from and against any loss, damage, injury, or costs caused by renter’s acts or omissions, negligence, or otherwise, including any costs and attorney fees incurred thereby, arising out of renter’s participation in the event. Renter agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of Iowa and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. 8. I have read this agreement and the rules and regulations, fully understand and agree to its terms, and have signed it freely and voluntarily. If renter is a business, I acknowledge that I am duly authorized by this business to enter into this agreement. Page 41 III. SIGNATURE AND APPROVAL Applicant Signature: Date: Approved By: Date: Security Card #: Rental Fee Collected: ☐ yes ☐ no ☐ waived Deposit Collected: ☐ yes ☐ no ☐ waived Page 42 CITY OF RIVERDALE ROOM RULES AND REGULATIONS 1. Qualified Renters. The room may be rented only by adults aged 18 years and older. Any person or group who has previously caused damage to City property shall not be a qualified renter. 2. Advance booking and deposit. Renter must submit the rental agreement and full rental fee and deposit (unless waived) to secure the reservation. 3. Reservation policy. One-time reservations are generally accepted on a first-come, first served basis; however, recurring reservations are permissible. Note that recurring reservations may be bumped at the city's discretion, upon at least two weeks’ notice if another qualified renter has requested a rental date that conflicts with a recurring reservation and the other qualified renter cannot use an alternate date. A recurring reservation is a standing reservation at intervals of twice monthly or greater frequency made by the same renter for the same purpose. Riverdale will notify the recurring reservation renter of a bumped reservation by phone or mail. 4. Cancellation policy. If renter decides to cancel the reservation, a 48-hour courtesy notification is appreciated. If the renter fails to notify the city in a timely manner, the city may choose, at its sole discretion, not to refund the deposit and may consider denial of future room use. 5. Hours of use. The room is open for use from 6 a.m. to 12:00 a.m. All events at the room, including clean up, must end by 12:00 a.m. 6. Maximum capacity. The community room has a maximum capacity of 124; council chambers has a maximum capacity of 71. Renters may not host more than this number of people in the room. 7. Insurance. At its sole discretion, the city may require the renter to obtain and show evidence of insurance for an event before approval of a reservation. Proof of insurance coverage will be required for all rentals serving alcohol. Evidence of insurance must accompany any request to allow consumption of alcohol. If such insurance is required, the city shall be named as an additional insured (not as a certificate holder). Such insurance shall provide coverage in the sum of at least $300,000 per occurrence. 8. Clean up. Renter is responsible for leaving the room and equipment in the same condition it was in prior to the event. All garbage cans in the room, kitchen (if applicable), and bathrooms should be emptied outside in the city dumpster. If a room is left in unacceptable condition, based on staff inspection and evaluation, renter will forfeit all or part of the deposit. If the cost of cleaning exceeds the amount of the deposit, renter is fully liable for the complete actual cost of cleaning, including carpet cleaning. The estimated cost of carpet cleaning for the room is $300, although the actual cost may exceed this estimate. Page 43 9. Damage and keys. Renter is responsible for timely return of the security card and any damage to the room or equipment incurred during the event. If the facility or equipment is damaged during renter’s use of the room, or if any property is stolen or missing from the room, renter will forfeit the deposit to the extent of the damage or missing property. Renter should inspect the room immediately upon entering and report any existing damage to the city. If no damage is reported within 15 minutes of renter’s rental period, all damage existing at the end of renter's rental period will be assessed to renter. If the damage exceeds the amount of the deposit, renter is fully liable for the complete cost of replacement. The city is under no obligation to tender any claim for damage to its insurance carrier, though it may do so at its own discretion. If the security card is not returned immediately following the event, the deposit will be forfeited and renter will be responsible for any charges incurred by the city with regard to the security card, including replacement of the security card. 10. Alcohol policy. City council must approve any alcohol use in advance of renter’s event. The city reserves the sole right to deny the use of alcohol at any event for any reason. If the city grants renter permission to have alcohol at the event, it may assess an additional deposit. Renter must ensure any and all availability and consumption of alcohol is in compliance with local, state , and federal laws. Renter is responsible for the behavior and well-being of their guests. As expressed in the room rental agreement, renter acknowledges and agrees that the city is not responsible for any injury or illness to renter, or renter’s property, or guests. The consumption of alcohol is limited to the room. No alcohol may be taken into common areas of the premises. Only beer and wine may be served. No hard liquor or kegs are allowed. The sale (directly or indirectly) of alcohol is expressly prohibited. 11. Smoking. No smoking is allowed in the room, the building, or on the grounds of City Hall. 12. No commercial or profit-making activities. The room is not available for for-profit events, except that a school may operate classes in the room, and Council-approved nonprofit fundraisers. Renter may not charge admission to an event and may not sell food, alcohol, or other items without Council approval. Renter must limit use of the room to the stated purpose in the Room Rental Agreement. 13. Cleaning/damage deposit and return. A deposit (unless waived) is due when renter submits the Room Rental Agreement. The city will return the deposit via check sent United States Postal Service after the event if renter fully complies with these rules and regulations and the terms and conditions set forth in these documents. Page 44 CITY OF RIVERDALE PARK FACILITY RENTAL AGREEMENT Today's Date: Renter Name: Phone Number: Address: I. PROPOSED USE DETAILS Use Date: Estimated Attendance: Location: ☐ Bicentennial Park Shelter ☐ Volunteer Square Park Gazebo Start Time: End Time: Event Description: II. TERMS AND CONDITIONS This Park Facility Rental Agreement is made as of the date listed below between the City of Riverdale, Iowa (city) and the undersigned renter (renter). In consideration of the mutual covenants and promises contained herein, the city agrees to allow the renter to use the city's shelter or gazebo (as indicated above) at the date and time specified above and on the terms and conditions contained herein. The parties agree as follows: 1. Renter agrees to comply with the rules and regulations of park facility rental, a copy of which has been provided to renter. 2. Renter agrees to use the park facility for legal purposes only and in compliance with local, state, and federal law. Any illegal activity will be reported to the Sheriff and will result in the renter being barred from future rentals with the city. 3. Renter agrees to pay a $30 rental feel for each event. The fee is waived for non-profit and governmental agencies acting in an official capacity for their employer. Additionally, the rental fee is waived for City employees and officers if the cumulative free use is valued at less than $2,500 per fiscal year. If the cumulative free use totals $2,500 in any given fiscal Page 45 year, the City employee or officer shall pay a $30 rental fee for each event (Iowa Code § 362.5(3)(k)) thereafter. Further, Riverdale Fire Department volunteers shall be exempt from the $2,500 limitation and shall not be charged rental fees for any event at any time (Iowa Code § 362.5(3)(h)). 4. Renter agrees to pay a refundable $30 deposit per event. The deposit is waived for non-profit and governmental agencies acting in an official capacity for their employer. The deposit is waived for City employees and officers if the cumulative free use is valued at less than $2,500 per fiscal year. If the cumulative free use totals $2,500 in any given fiscal year, the City employee or officer shall pay a $30 refundable deposit for each event (Iowa Code § 362.5(3)(k)) thereafter. Riverdale Fire Department volunteers are exempt from the $2,500 limitation and shall not be charged deposits for any event at any time (Iowa Code § 362.5(3)(h)). All renters agree that they are responsible for clean-up and for any damage to the facility that may result from use by renter and/or their guests. The city agrees to return the full deposit to renter after the event, conditioned upon the satisfactory inspection of the facility, according to the rules and regulations. 5. Renter is responsible for the conduct of his/her guests. Renter must ensure all people in attendance abide by the park facility rules and these terms and conditions. 6. In consideration of the use of the park facility, renter agrees that they will use the park facility and equipment at renter’s sole risk. Renter further agrees that the city will not be responsible for any injury, illness, loss, theft, or damage to renter, renter’s property, or renter’s guests before, during, or after the event while on the premises. 7. Renter agrees to indemnify and hold the city harmless for any and all loss, damage, injury, or costs renter or renter’s guests may sustain before, during, or after their presence at the park facility and/or participation in the event. Renter agrees to indemnify and holds the city harmless from and against any loss, damage, injury, or costs caused by renter’s acts or omissions, negligence, or otherwise, including any costs and attorney fees incurred thereby, arising out of renter’s presence in the park facility or participation in the event. Renter agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of Iowa and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. 8. I have read this agreement and the rules and regulations, fully understand and agree to its terms, and have signed it freely and voluntarily. If renter is a business, I acknowledge that I am duly authorized by this business to enter into this agreement. Page 46 III. SIGNATURE AND APPROVAL Applicant Signature: Date: Approved By: Date: Rental Fee Collected: ☐ yes ☐ no ☐ waived Deposit Collected: ☐ yes ☐ no ☐ waived Page 47 CITY OF RIVERDALE PARK FACILITY RULES AND REGULATIONS 1. Qualified Renters. The park facility may be rented only by adults aged 18 years and older. Any person or group who has previously caused damage to City property shall not be a qualified renter. 2. Advance booking and deposit. Renter must submit the rental agreement and full rental fee and deposit (unless waived) to secure the reservation. 3. Reservation policy. One-time reservations are generally accepted on a first-come, first served basis; however, recurring reservations are permissible. Note that recurring reservations may be bumped at the city's discretion, upon at least two weeks’ notice if another qualified renter has requested a rental date that conflicts with a recurring reservation and the other qualified renter cannot use an alternate date. A recurring reservation is a standing reservation at intervals of twice monthly or greater frequency made by the same renter for the same purpose. Riverdale will notify the recurring reservation renter of a bumped reservation by phone or mail. 4. Cancellation policy. If renter decides to cancel the reservation, a 48-hour courtesy notification is appreciated. If the renter fails to notify the city in a timely manner, the city may choose not to refund the deposit and may consider denial of future park facility use. 5. Hours of use. The park facility is available from sunrise to sunset daily. All events at the park facility, including clean up, must end by sunset. 6. Insurance. At its sole discretion, and depending upon the nature of the event, the city may require the renter to obtain and show evidence of insurance for an event before approval of a reservation. If such insurance is required, the city shall be named as an additional insured (not as a certificate holder). Such insurance shall be in the sum of at least $300,000 per occurrence. 7. Clean up. Renter is responsible for leaving the park facility and equipment in the same condition it was in prior to the event. All garbage must be placed in garbage cans at the location or removed from the property. If a park facility is left in unacceptable condition, based on staff inspection and evaluation, renter will forfeit all or part of the deposit. If the cost of cleaning exceeds the amount of the deposit, renter is fully liable for the complete actual cost of cleaning. 8. Damage. Renter is responsible for any damage to the park facility or equipment incurred during the event. If the park facility or equipment is damaged during renter’s use of the park facility, or if any property is stolen or missing from the park facility, renter will forfeit the deposit to the extent of the damage or missing property. Page 48 Renter should inspect the park facility immediately upon entering and report any existing damage to the city. If no damage is reported within 15 minutes of renter’s rental period, all damage existing at the end of renter's rental period will be assessed to renter. If the damage exceeds the amount of the deposit, renter is fully liable for the complete cost of replacement. The city is under no obligation to tender any claim for damage to its insurance carrier, though it may do so at its own discretion. 9. Alcohol. Alcohol is not allowed in any park facility or park. 10. Smoking. Smoking (including, but not limited to, the use of cigarettes, cigars, vaping devices, e- cigarettes, etc.) is not allowed in any park facility or park. 11. No commercial or profit-making activities. Park facilities are not available for for-profit events, except that a school may operate classes in the park facility, and Council-approved nonprofit fundraisers. Renter may not charge admission to an event and may not sell food, alcohol, or other items. Renter must limit use of the park facility to the stated purpose in the Park Facility Rental Agreement. 12. Cleaning/damage deposit and return. A deposit (unless waived) is due when renter submits the Park Facility Rental Agreement. The city will return the deposit via check sent United States Postal Service after the event if renter fully complies with these rules and regulations and the terms and conditions set forth in these documents. Page 49 ORDINANCE # 02-2022 City of Riverdale, Iowa An Ordinance Setting the Job Duties of the Deputy Clerk WHEREAS, Chapter 18, section 18.14 of the City of Riverdale ("City") Code of Ordinances outlines the position of Assistant City Clerk; and, WHEREAS, the City has updated the position Assistant City Clerk to the position Deputy Clerk; and, WHEREAS, the City wishes to codify the job duties of the Deputy Clerk; and, WHEREAS, the following comes before City Council for consideration and codification. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA, THAT: SECTION I: The Code of Ordinances, Chapter 18 is hereby amended to read as follows: CHAPTER 18 CITY CLERK 18.4 Deputy Clerk 1. Appointment. The City Administrator may appoint, subject to Council approval, a Deputy Clerk to serve at the discretion of the City Administrator. 2. Compensation. The Deputy Clerk is paid such compensation as specified by resolution of the Council. 3. Duties. The duties of the Deputy Clerk are as follows: A. Provide customer service via telephone, email, and in-person. B. Maintain communication with the Mayor, City Administrator, and members of the community C. Assist in the creation and distribution of meeting documents; attend meetings in the City Administrator's absence. D. Assist in the maintenance of official City records, respond to FOIA requests, and assist with audits. Page 50 E. Process accounts payables and receivables, payroll, and bank reconciliation functions as necessary F. Other miscellaneous duties and other duties as assigned. SECTION III: CODIFICATION The provisions of Section I of this Ordinance shall be published as appropriate in the Riverdale Code of Ordinances as soon as practicable. SECTION IV: SEVERABILITY CLAUSE If any section, part, or provision of this ordinance is declared unconstitutional or invalid by a court of competent jurisdiction, then it is expressly provided and it is the intention of the City Council in passing this Ordinance that its parts shall be severable and all other parts of this Ordinance shall not be affected thereby and they shall remain in full force and effect. SECTION V: PUBLICATION AND EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage and publication according to law. READ, CONSIDERED, PASSED, AND APPROVED at a regular meeting of the City Council of Riverdale, Iowa, at which a quorum was present and which was held on the _______ day of ______________, 2022. APPROVED: ATTEST: ______________________________________________ ______________________________________________ Anthony Heddlesten, Mayor Kent Royster, City Administrator First Reading: _____________________________________________ (date) Second Reading: _____________________________________________ (date) Third Reading: _____________________________________________ (date) Page 51