HomeMy WebLinkAbout~Master - November 10, 2020, Regular Meeting of the Ames City CouncilAMENDED*
AGENDA
REGULAR MEETING OF THE AMES CITY COUNCIL
COUNCIL CHAMBERS - CITY HALL*
NOVEMBER 10, 2020
*DUE TO THE COVID-19 PANDEMIC, THIS CITY COUNCIL MEETING WILL BE
CONDUCTED AS AN ELECTRONIC MEETING. IF YOU WISH TO PROVIDE INPUT ON
ANY ITEM, YOU MAY DO SO AS A VIDEO PARTICIPANT BY GOING TO:
https://zoom.us/j/826593023
OR BY TELEPHONE BY DIALING: US:1-312-626-6799 or toll-free: 1-888-475-4499
Zoom Meeting ID: 826 593 023
YOU MAY VIEW THE MEETING ONLINE AT THE FOLLOWING SITES:
https://www.youtube.com/ameschannel12
https://www.cityofames.org/channel12
or watch the meeting live on Mediacom Channel 12
NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public during
discussion. If you wish to speak, please see the instructions listed above. The normal process on any
particular agenda item is that the motion is placed on the floor, input is received from the audience, the
Council is given an opportunity to comment on the issue or respond to the audience concerns, and the
vote is taken. On ordinances, there is time provided for public input at the time of the first reading.
CALL TO ORDER: 6:00 p.m.
PROCLAMATION:
1.Proclamation for “Hunger and Homelessness Awareness Week,” November 15 - 22, 2020
CONSENT AGENDA: All items listed 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 time the Council
members vote on the motion.
2. Motion approving payment of claims
3. Motion approving Minutes of Regular City Council meeting held October 27, 2020
4. Motion approving Report of Change Orders for period October 16 - 31, 2020
5. Motion setting Conference Board meeting dates for January 26, 2021, and February 23, 2021
6. Motion approval renewal of the following Beer Permits, Wine Permits, and Liquor Licenses:
a. Class E Liquor License - AJ’s Liquor III, 2401 “A” Chamberlain Street
b. Class C Liquor License with Outdoor Service and Sunday Sales - Outlaws, 2522 Chamberlain
Street
c. Class B Native Wine Permit with Sunday Sales - Chocolaterie Stam, 230 Main Street
d. Class B Liquor License with Catering Privilege, Outdoor Service, and Sunday Sales - Country
Inn & Suites Ames, 2605 SE 16th Street - pending dram shop
e. Class C Liquor License with Sunday Sales - Time Out-Ames, 120 Kellogg Avenue -pending
dram shop
f. Class C Beer Permit with Class B Wine Permit and Sunday Sales - Swift Stop #8, 705 24th
Street
*Additional Item: Purchase of 1126 Grand Avenue in conjunction with City’s Dangerous Buildings
Program:
a. Resolution approving borrowing $8,205 for purchase of property and $40,000 for asbestos
removal and demolition from City-Wide Affordable Housing Programs Fund and then re-sell
the property to reimburse the expenditures advanced from the Fund
7. Resolution waiving Purchasing Policies and approving a sole source contract to Action Information
Systems of Golden, Colorado, for upgrading the City Clerk’s Office Files Management System in
the amount of $71,625
8. Resolution amending FY 2020/21 Outside Funding Contract with Campustown Action Association
due to COVID-19
9. Resolution amending FY 2020/21 ASSET Contract with Raising Readers of Story County due to
COVID-19
10. Resolution amending FY 2020/21 ASSET Contract with Boys and Girls Club of Story County due
to COVID-19
11. Resolution approving Detour Agreement with Iowa DOT for 2021 Bridge Repair Project on I-35
over US 30
12. Resolution approving a Professional Services Agreement with Bolton & Menk, Inc., of Ames, Iowa
for Work Order No. 2 for FY 2020/21 Airport Improvements (Runway 01/19 Airfield
Lighting)project not to exceed $99,900
13. Resolution awarding contract to Hoglund Bus Company of Marshalltown, Iowa, for purchase of
six 176" wheelbase mini-buses for CyRide in an amount not to exceed $658,200
14. Resolution awarding contract to Elliott Equipment, Co, of Grimes, Iowa, for purchase of one
Peterbilt chassis with Schwarze street sweeper and accept the $85,000 trade-in allowance for a total
of $202,750
15. Resolution approving deaccession of “Resonance” from Public Art Inventory
16. Resolution accepting partial completion of public improvements and reducing security for
Kingsbury Subdivision, 4th Addition
17. Resolution accepting partial completion of public improvements and reducing security for
Wheelock Corner Subdivision
PUBLIC FORUM: This is a time set aside for comments from the public on topics of City business
other than those listed on this agenda. Please understand that the Council will not take any action on
your comments at this meeting due to requirements of the Open Meetings Law, but may do so at a future
meeting. The Mayor and City Council welcome comments from the public; however, at no time is it
appropriate to use profane, obscene, or slanderous language. The Mayor may limit each speaker to three
minutes.
POLICE:
18. Final decision on Policing in Ames: “A Path Forward:”
a. Motion directing staff regarding recommendations
ADMINISTRATION:
19. Discussion of whether to extend the expiration of the Face-Covering Ordinance
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FIRE:
20. Agreements between City of Ames and Mary Greeley Medical Center and City of Ames and the
International Association of Fire Fighters, Local 625, in regards to providing for Emergency
Medical Technician, Emergency Medical Dispatching, and Computer-Aided Dispatching Services:
a. Resolution approving the Reciprocal Service Agreement between Mary Greeley Medical Center
and the City of Ames
b. Resolution approving the Letter of Agreement between the City of Ames and IAFF Local 625
21. Solar Farm Electrical Permit:
a. Resolution amending the Fee Schedule in Appendix U
PARKS & RECREATION:
22. Resolution accepting transfer of Miracle League Field and Inclusive Playground from Ames
Foundation to the City of Ames
ORDINANCES:
23. Second passage of ordinance on proposed text amendments regarding the new flood plain maps,
updated definitions, and amended terminology used in Chapter 9 of the Ames Municipal Code
24. Second passage of ordinance repealing the following Urban Revitalization Areas, effective 12-31-
2020 for each of the following:
a. South Lincoln “Sub-Area”/Neighborhood Urban Revitalization Area, established 09-23-03 by
Ordinance No. 3733
b. 405 & 415 Hayward Avenue Urban Revitalization Area, established 11-20-2007 by Ordinance
No. 3932
c. 517 Lincoln Way Urban Revitalization Area, established 02-24-2015 by Ordinance No. 4209
d. Roosevelt School Site and City of Ames Park 921 9th Street Urban Revitalization Area
established 11-12-2013 by Ordinance No. 4162, and Program Policy established by Resolution
No. 13-265
And effective 01-02-2021 for the following:
a. 415 Stanton Crawford School Urban Revitalization Area established 06-12-2018 by Ordinance
#4357
And additionally by establishing a sunset date of 12-31-2021 for each of the following:
a. Walnut Ridge, 3505 and 3515 Lincoln Way Urban Revitalization Area, established 04-26-16
by Ordinance No. 4254
b. 2700, 2702, 2718, and 2728 Lincoln Way; 112 and 114 South Hyland Avenue; and 115 South
Sheldon Avenue Urban Revitalization Area, established 12-13-2016 by Ordinance No. 4284
DISPOSITION OF COMMUNICATIONS TO COUNCIL:
COUNCIL COMMENTS:
ADJOURNMENT:
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MINUTES OF THE MEETING OF THE AMES AREA
METROPOLITAN PLANNING ORGANIZATION
TRANSPORTATION POLICY COMMITTEE AND
REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA OCTOBER 27, 2020
AMES AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO)
TRANSPORTATION POLICY COMMITTEE MEETING
Mayor Haila announced that it is impractical to hold an in-person Council meeting due to the
Governor of Iowa declaring a public health emergency because of the COVID-19 pandemic.
Therefore, limits have been placed on public gatherings, and this meeting is being held as an
electronic meeting as allowed by Section 21.8 of the Iowa Code. The Mayor then provided how the
public could participate in the meeting via internet or by phone.
CALL TO ORDER: The Ames Area Metropolitan Planning Organization (AAMPO)
Transportation Policy Committee meeting, which was being held electronically, was called to order
by Ames Mayor and voting member John Haila at 6:00 p.m. on the 27th day of October, 2020. Other
voting members brought into the meeting were: Bronwyn Beatty-Hansen, City of Ames; Gloria
Betcher, City of Ames; Amber Corrieri, City of Ames; Tim Gartin, City of Ames; Rachel Junck, City
of Ames; David Martin, City of Ames; Lauris Olson, Story County Supervisor; Bill Zinnel, Boone
County Supervisor; and Jacob Ludwig, Transit Board. Jon Popp, Mayor of Gilbert was absent.
HEARING ON FINAL METROPOLITAN TRANSPORTATION PLAN - “FORWARD 45":
Traffic Engineer Damion Pregitzer stated there will not be a formal presentation of the Plan. He
pointed out that a 30-day public comment period began following the Policy Committee meeting on
September 22, 2020, and was closed on October 22, 2020. All comments received from the public
and oversight/partner agencies were minor and were incorporated into the final document. Mr.
Pregitzer stated tonight staff would entertain an approval of the Plan or an approval with
modifications as voted upon by the Policy Committee.
Referencing the ISU comment that stated “16th Street from University Blvd to Apple Place should
be shown as a committed project,” Mayor Haila questioned if the wording should say “South 16th
Street etc.” Mr. Pregitzer stated that is correct as the area is a University-owned segment of South
16th Street from University over to the old railroad right-of-way. Mayor Haila wanted to clarify the
location since there are two 16th Streets in Ames. Mr. Pregitzer stated staff did speak with ISU staff,
and ISU wanted to make sure that the City of Ames was on the same page and nothing was missing.
It was noted that this area is a priority for the City of Ames to complete after the extension of Grand
Avenue.
The Mayor also questioned the CyRide comment about the Transit Asset Management Plan and
asked if Mr. Pregitzer could explain what that included. Mr. Pregitzer stated he wouldn’t be able
to provide a lot of detail without asking CyRide staff; however, one of the requirements of the Long-
Range Plan is to include information on the Transit Agency assets. CyRide is required to maintain
a Transit Asset Management Plan. One of the performance measures that the Metropolitan Planning
Organization (MPO) has to do is Transit Asset Management Targets. Brian Ray, HDR Consultant,
explained that there is a federal requirement and CyRide develops their own Transit Asset
Management Plan. As part of the Long-Range Transportation Plan, the City carries CyRide’s
information forward into the Long-Range Transportation Plan. Mr. Ray stated that CyRide had just
gone through the process of updating its Transit Asset Management Plan, which identified new
targets; however, those targets have not been approved by the MPO yet. It was determined that the
targets would stay as is until the MPO officially approved the new targets. Mr. Pregitzer pointed out
that the majority of CyRide’s assets are the age of its buses. The targets are mainly related to how
old the buses are and when they need to turn those over.
Mayor Haila declared the public hearing opened. He closed it when no one came forward.
Moved by Ludwig, seconded by Betcher, to adopt RESOLUTION NO. 20-558 approving the
Metropolitan Transportation Plan - “Forward 45."
Supervisor Lauris Olson questioned how all the elements of the Plan will be put into the 2040
Comprehensive Plan. Mr. Pregitzer explained that the 2040 Land Use Policy Plan informs so it
provided all the background information for the Long-Range Plan in order to project growth. The
Comprehensive Plan is saying what the future land use, growth use, and timing would be. The
difference is the Long-Range Plan stops after 25 years while the Comprehensive Plan goes beyond
that length of time.
Vote on Motion: 10-0. Motion declared carried unanimously.
POLICY COMMITTEE COMMENTS: Supervisor Olson stated that this will be her last AAMPO
meeting. It has been an interesting four years and she has enjoyed her time on the Planning
Committee, and she had learned a lot about transit.
ADJOURNMENT: Moved by Olson to adjourn the Ames Area Metropolitan Planning Organization
Transportation Policy Committee meeting at 6:09 p.m.
MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
CALL TO ORDER: Mayor John Haila called the Regular Meeting of the Ames City Council,
which was being held electronically, to order at 6:11 p.m. with the following Council members
participating: Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck,
and David Martin. Ex officio Member Nicole Whitlock was also present.
Mayor Haila announced that it is impractical to hold an in-person Council meeting due to the
Governor of Iowa declaring a public health emergency because of the COVID-19 pandemic.
Therefore, limits have been placed on public gatherings, and this meeting is being held as an
electronic meeting as allowed by Section 21.8 of the Iowa Code. The Mayor then provided how the
public could participate in the meeting via internet or by phone.
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The Mayor announced that the Council was working off an Amended Agenda. City staff had added
a Resolution appointing Dawson Weathers to serve on the Property Maintenance Appeals Board to
the Consent Agenda and changed the date on Item No. 21 to continue the hearing on the Zoning Text
Amendments regarding the extension of building features into required setbacks from November 10,
2020, to November 24, 2020 under Hearings.
PROCLAMATION FOR “LUNG CANCER AWARENESS MONTH,” NOVEMBER 2020:
Mayor Haila declared November 2020 as “Lung Cancer Awareness Month.” He wanted everyone
to recognize the need for research in lung cancer affecting women and lung cancer health disparities,
and encourage all citizens, to learn about lung cancer and early detection through lung cancer
screening.
Accepting the Proclamation was Alexandra Potter, member of the American Lung Cancer Screening
Initiative (ALCSI). She noted there were a couple main points she wanted to make sure that everyone
knew. The first main point was that lung cancer is very common and very fatal. It is the second most
common type of cancer. Ms. Potter stated that lung cancer in “never-smokers” (people who have
never smoked) is the sixth leading cause of cancer related deaths in the United States. Every year
there are 28,000 people who have never smoked that will die from lung cancer. She highlighted that
lung cancer affects everyone, not just people who smoke. The other main point she wanted to make
was that lung cancer screening offers a significant decrease in the mortality rate. Currently the
screening rate for lung cancer is only 4.2% compared to other types of cancer screenings. Ms. Potter
thanked the Mayor and Council for the Proclamation.
Mayor Haila asked how someone could get screened for lung cancer. Ms. Potter stated in order to
get screened you will need to contact your primary care provider, and there is a process that has to
be done called the “shared decision-making process.” The primary care physician will refer the
patient to a lung cancer screening center where the patient will undergo a low-dose CT scan. She
noted that as an organization they are looking for ways to help communities in any way they can to
increase the screening rate, and are welcome to suggestions.
CONSENT AGENDA: Moved by Gartin, seconded by Betcher, to approve the following items on
the Consent Agenda.
1.Motion approving payment of claims
2.Motion approving Minutes of Special Joint City Council and Student Government meeting
held October 13, 2020, and Regular City Council meeting held October 13, 2020
3.Motion approving Report of Change Orders for period October 1 - 15, 2020
4.Motion approving Class E Liquor License Premise Update - Kum & Go #1113, 2801 E. 13th
Street - Pending Final Inspection
5.Motion approving a New 12-month Class C Liquor License with a Class B Wine Permit and
Outdoor Service - Ichiban Japanese Restaurant, 117 Welch Ave - Pending Final Inspection
and DRAM Shop
6.RESOLUTION NO. 20-559 approving Quarterly Investment Report for the Period Ending
September 30, 2020
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7.RESOLUTION NO. 20-576 appointing Dawson Weathers to serve on Property Maintenance
Appeals Board
8.RESOLUTION NO. 20-560 setting date of public hearing for December 8, 2020, regarding
the Amendment to the 28E Agreement between the City of Ames and the City of Nevada
pertaining the establishment of a division line between corporate boundaries
9.RESOLUTION NO. 20-561 approving A mendment of A ircraft Hangar Site Lease 25-year lease
extension with bridge period for H ap’s Air Service
10.2019/20 Traffic Signal Program (Lincoln Way and Beach):
a.RESOLUTION NO. 20-562 approving 50-year Traffic Signal Easement from Iowa
State University for the portion of signal equipment on Iowa State property and
authorize City staff to approve any de minimis changes required by the Attorney
General and Board of Regents offices
b.RESOLUTION NO. 20-563 approving preliminary plans and specifications for
2019/20 Traffic Signal Program; setting December 2, 2020, as bid due date and
December 8, 2020, as date of public hearing
11.RESOLUTION NO. 20-564 approving preliminary plans and specifications for Inis Grove
Park Sidewalk Project; setting December 2, 2020, as bid due date and December 8, 2020, as
date of public hearing
12.RESOLUTION NO. 20-565 approving Agreement for the 2020/21 Regional Count Program
(Traffic Data Service and Analytical Platform) with StreetLight Data, Inc., of San Francisco,
California, in an amount not to exceed $64,900
13.RESOLUTION NO. 20-566 approving contract and bond for Unit 8 Turbine Generator
Overhaul
14.RESOLUTION NO. 20-567 approving contract and bond for 2018/19 Shared Use Path
System Expansion (Trail Connection South of Lincoln Way)
15.RESOLUTION NO. 20-568 accepting completion of 2018/19 Water System Improvements
(Burnett & Murray)
16.RESOLUTION NO. 20-569 accepting completion of 2014/15 Storm Water Facility
Rehabilitation Program (Somerset Subdivision)
Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the
Mayor, and hereby made a portion of these Minutes.
PUBLIC FORUM: Mayor Haila opened Public Forum. No one requested to speak, so he closed
Public Forum.
BAKER SUBDIVISION (321 STATE AVENUE) LOW-INCOME HOUSING TAX CREDIT
(LIHTC) DEVELOPMENT PROPOSALS: Housing Coordinator Vanessa Baker-Latimer
mentioned that the Council had provided direction, at its July 28th meeting, to staff on preparing a
Request for Proposals (RFP) for a LIHTC housing project to be located at 321 State Avenue. The
City described in the RFP an interest in receiving proposals that address the following objectives:
1) family-based affordable housing, 2) development of 15-50 housing units, 3) compatible design
elements with the surrounding residential homes, and a 4) highly competitive project per the Iowa
Finance Authority’s (IFA) scoring system. The RFP described an evaluation of proposals based upon
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developer experience and capacity, project design, property management experience, and requested
financial incentives.
The City received seven proposals in response to the RFP. After reviewing the proposals, it became
clear to City staff that a competitive project will likely need to score 155 or more points in the
LIHTC program to qualify for tax credit incentives. This conclusion is based upon consultation with
the developers and the past year’s project scoring where a score of 155 was needed to competitively
receive the tax credits.
Planning and Housing Director Kelly Diekmann stated at this meeting, they are going to focus on
the top two proposals for the project. Staff gave basic guidance in the RFP to establish the range of
units that was acceptable, a limit of three-stories, a focus on family housing, and looking for a
compatible neighborhood design. Staff is recommending two potential companies. The first one is
MVAH Partners. MVAH Partners went with a more traditional townhome look; it is a mix of brick
and fiber cement siding materials. LIHTC scoring gives benefits to design features that are higher
quality than basic building materials. MVAH has the most dwelling units of all the proposals. It has
two building types, one 3-story 36-unit apartment building, and two “townhome” style apartment
buildings totaling 14 units all situated around centralized parking. MVAH Partners’ design has 50
units and is designed around a central parking area. Director Diekmann stated this project will be
consistent with the normal RM Zoning standards, but some adjustments may need to be made for
the landscaping or some parking locations. The second company was Prairie Fire Development
Corporation. Prairie Fire Development Corporation took a different look at the property, and instead
of focusing on centralized parking and the maximum number of units on the property, Prairie Fire’s
design concept places the building along Tripp Street with parking situated to the rear of the site. The
design concept is contemporary in its appearance with the use of massing and angles that is different
than most buildings in Ames. The project includes two housing types: one 3-story 23-unit apartment
building and two “townhome” style buildings totaling 13 units; for a total of 36 units. Director
Diekmann explained that both applicants addressed the objectives in the RFP, and had different ideas
on how to do the site, but staff felt either applicant would provide a strong project. He noted that in
the Staff Report, Prairie Fire only scored 154 points for the LIHTC and would need to increase it to
155 with refinements on costs to be competitive in LIHTC. Prairie Fire let staff know that they
believe they could make a few adjustments and meet the required 155 points.
Council Member Gartin stated that when the Council was looking at the Subdivision earlier in the
process, they had discussed the amount of tax subsidy that would be required per lot. It was
estimated to be anywhere between $75,000 to $90,000 per lot. He asked Mr. Diekmann to clarify
what the tax subsidy would be per unit. Director Diekmann stated that there is some distinct cost that
should be assigned solely to the single-family development components and should not be a part of
the equation. The main value is what the land is worth and MVAH asked for the land to be free, and
Prairie Fire did offer $2,500 as a token amount. Mr. Diekmann noted the Council should also
consider the extension of Tripp Street as that had to occur for this development to happen. There
were federal funds used and some General Obligation money. He noted they should look at the
acquisition, infrastructure costs, and how much HOME funds the developer is asking for. MVAH
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is requesting $400,000 ($8,000 per unit) in HOME funds; while Prairie Fire is requesting $250,000
($6,950 per unit). Overall, on a per-unit basis for the two development companies, MVAH is about
20% less per unit than Prairie Fire.
Council Member Gartin wanted to know who would own the land when the project is completed.
Director Diekmann stated the City will be deeding the land to the developer prior to construction
starting. Mr. Gartin mentioned that this project will eventually make its way to the tax roles and
inquired about the tax roles for both applicants. Mr. Diekmann stated that is complicated as there
are construction estimates as part of each proposal, but the project cost will not be the taxable part
of the project. If they assume Prairie Fire is a $7.9 million project cost while MVAH is $10.3
million, the taxable value will be the income of the project. Since it is a low-income project, the
developer will approach the Assessor and ask for some modifications, but it will be proportional to
the number of units. Director Diekmann mentioned that in general the more units that are on a site
more property taxes will be generated.
Council Member Betcher asked about the projected construction schedules and if they are realistic.
Diekmann stated there are three steps to the project; 1) there is award, 2) finalizing design, and 3)
starting construction. Another part is getting to full occupancy. Both applicants have the same basic
start to the project. The developer will need to get a decision from the Iowa Finance Authority (IPA),
enter into a final Agreement with the City, get construction financing, and building permits. He noted
that staff felt from a construction schedule perspective both applicants had reasonable projections
to be up and open for tenants in the Spring or early Summer of 2023.
Council Member Betcher inquired about the management of the projects. MVAH manages its own
projects while Prairie Fire will enter into a joint venture with someone else. She wanted to know if
there were any concerns from staff regarding self-management or hiring a management company.
Director Diekmann explained that either option is designed to help give the applicants points from
IFA. Ms. Baker-Latimer explained that she is familiar with working with both types and either one
would work fine.
Council Member Betcher stated she liked the Prairie Fire development as she felt it broke up the
space better. She explained it was nice to not have the typical apartment complex look centered
around a parking lot. Ms. Betcher liked having more green space around the outsides and the buffer
between the buildings and the houses on Wilmoth. Ms. Betcher mentioned she was not a big fan of
the architecture because it reminded her of other low-income housing developments that she had
seen in the past that were built in the 70's or 80's. She felt the MVAH design looked like a standard
apartment complex that is currently already around Ames.
Council Member Beatty-Hansen commented that she would tend to agree for a lot of the same
reasons as Council Member Betcher. She pointed out that the neighborhood preferred the design of
the Prairie Fire development better than MVAH. Ms. Beatty-Hansen commented that there is
something to say for the numbers of units-per-dollar, but she felt the Council needed to go with a
design that fit the neighborhood.
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Council Member Martin stated it was a close call between both proposals. He noted it felt that
MVAH was a little less risky, but he was not sure how to quantify that. He appreciated the attention
that Prairie Fire had given to Tripp Street and the future development across Tripp Street. Mr. Martin
pointed out that the Council has a goal to develop a Beautification Master Plan for the City; the
Council should keep that in mind when moving forward.
Council Member Corrieri stated that her first instinct was to go with MVAH because there are more
units and they have been talking about the need for more affordable housing. She could go with
either one, but is more familiar with Prairie Fire. She appreciated the neighborhoods’ input on their
choice of Prairie Fire and understands the reasoning behind their choice. If she had to pick, she
would choose MVAH because she felt there would be more of an impact toward the Council’s
affordable housing goals.
Council Member Junck noted that she was torn between the two developments. The number of units
that MVAH will provide is important to meeting the City’s affordable housing needs in the
community, but she did like the site layout of Prairie Fire. She appreciated how the developer with
Prairie Fire designed it around Wilmoth and Tripp Street. Ms. Junck believed it would fit better with
the aesthetics of the neighborhood.
Council Member Gartin stated there is a lot to like about both complexes. He noted that this is an
opportunity for the Council to address affordable housing that the City has not had before. Mr.
Gartin pointed out that this is a once in a lifetime project. There is a shortage of apartments for
affordable housing units. He explained that the Council will be deciding about whether people are
able to live in Ames or not. Council Member Gartin stated if it was a closer call between the
numbers, he could “flip a coin,” but that is not the case. The City actually has an opportunity to make
a larger impact on a population that needs to be represented. He also pointed out that the tax
revenues would be beneficial to the City, so he would lean more towards MVAH.
Council Member Betcher wanted to make sure she that was interpreting the plans correctly. She
stated the MVAH plan had virtually no green space for children to play, but Prairie Fire does
incorporate a play space and more green space for families to be outdoors. Director Diekmann
mentioned that the MVAH plan has a “tot lot” in it, but otherwise the amount of green space is not
there. It was explained that staff is planning a pocket park across the street for this subdivision. Ms.
Betcher stated if families were to live in the area, it would be nice to have an area to play outside
instead of just a parking lot.
Mayor Haila asked Ms. Baker-Latimer to mention the need/demand for affordable housing in Ames.
Ms. Baker-Latimer stated it is the expectation that the units will be filled quickly. She noted that
there have been a few units that had opened throughout the years, but those units were mostly geared
toward students. There has never been a concentration of helping low-income families find more
units. She has heard from the Housing Authority that there are a lot of families who are using their
vouchers, but unable to find anything within Ames. They see the numbers on paper and anticipate
the need is still out there, but she is not sure what will happen in the next few months with COVID-
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19 and the economy. Other non-profits agencies are concerned if families can’t find housing in
Ames, they may lose their voucher or find somewhere to live outside of Ames.
The Mayor wanted Ms. Baker-Latimer to comment about Council Member Betcher’s statement
about the importance of open green space. Ms. Baker-Latimer mentioned she felt it was important,
but the City has increased the amount of recreational opportunities for the neighborhood.
Mayor Haila questioned if there was any flexibility to change the exterior of the design on Prairie
Fire. Director Diekmann mentioned that he wanted to point out that open space is abundant in the
area as there are several public amenities, and there is open space to the south with College Creek.
He noted that in terms of working with a developer it was very clear with MVAH and Prairie Fire
that they look at the development as a partnership. They have a concept that they can market in the
City and get competitive scoring with IFA, but there are some things the developers are willing to
talk about regarding making things better for the community. He is not sure about completely
changing the architecture, but is sure the developers would be willing to talk about it.
Ex-officio Whitlock stated she would agree with what Council Members Corrieri and Junck had
stated. MVAH will provide significantly more homes for the community. She noted that the City of
Ames provides plenty of parks and activities for the community, and if the families want to go
outdoors, there are a ton of parks in Ames.
Council Member Martin commented that he noticed there were balconies on the Prairie Fire design,
but not on MVAH. He noted that it felt meaningful to him that the outdoor space within a unit could
help change the living experience and is a valued feature.
The Mayor opened the public hearing.
Julia Sager, 429 Hilltop Road, Ames, thanked City staff for making time to explain the proposal
scoring and what went into making those choices. She wanted to summarize a letter that was
previously sent to the Council. The letter stated that the neighborhood group felt that the proposal
that best fit the neighborhood was Prairie Fire. They agreed that the concept best aligned with
neighboring parties in anesthetics and desirable site layout. The neighborhood believed Prairie Fire
offered a better quality of life for all stakeholders by offering an enhanced lifestyle through lower
density, more green space for the families who live there, and less of the apartment style parking lot
look. The way the design faces Tripp Street makes the design seem more integrated into the
neighborhood. The group appreciated the developer’s interest in green issues, health and well-being,
and a strong focus on a thorough management of the apartments. The neighborhood hoped that the
concept design process would allow for a little refinement of the exterior look to best fit the
neighboring community and would be true to the rendering by having adequate mixed landscaping,
plain green space areas, and if a community garden area could be put in, it would be appreciated. The
letter was sent to the Council and signed by Ellen Herman and Joanne Pfeiffer. Ms. Sager stated that
she had to zoom in on the picture of the development to see that it was brick below and siding above
on the exterior of the property. She thought it would be okay as long as there were some minor
8
changes to the colors. She appreciated that the Council wants to maximize the number of units for
affordable housing, but as a parent of six children, she thought the Council might be missing
something about MVAH providing a quality living environment, specifically, for families with
children under the age of ten. Any kids under the age of ten can’t go across the street to play at the
pocket park or ride their bikes to Franklin Park; however, the kids can go play in their backyards
with other neighborhood kids. She noted that the sense of community that the families will have
would be priceless. Ms. Sager mentioned a big parking lot would not be beneficial for a smaller child
to be outside and could be considered a safety hazard.
Tony Ramey, 425 Hilltop Road, Ames, said that he and his wife Debbie are in favor of the Prairie
Fire proposal. He noted that it looks like the Council would be looking at quantity with MVAH and
quality with Prairie Fire, and the Council needs to decide which one it wants to emphasize when
making a decision. Mr. Ramey mentioned that, not surprisingly, the neighborhood is pushing for the
direction of quality with the extra green space. He thought it would be better to have the higher
quality of the 36 units opposed to the lower quality of the 50 units. Mayor Haila asked to clarify if
Mr. Ramey referred to the higher quality as regarding quality of life or the quality of construction.
It was noted that Mr. Ramey meant it would be a better quality of life. Mr. Ramey mentioned they
did have some concerns about the roof style on Prairie Fire.
Sharon Stewart, 437 Hilltop Road, Ames, stated she had been a part of this discussion since she
moved to the neighborhood seven years ago. She noted that it is important to consider the people
who are going to be joining the community/neighborhood. Ms. Stewart mentioned that she
understands the need for more housing, but also knows that there are many instances where low-
income housing has been turned into a place where you want to get out of as soon as you can. There
is a long history of low-income housing not considering people. The biggest difference that she saw
between the two plans was the consideration of the people who would be living there, and she felt
that Prairie Fire really considered that aspect a lot more. Ms. Stewart stated when there is parking
behind the property, people will come and go, but with open space the neighbors have a chance to
meet each other. She noticed the balconies and thought it was a nice feature. She had a family
member who had lived in low-income housing and doesn’t wish that on anyone. Ms. Stewart is in
favor of the Prairie Fire design. She would like to see affordable housing all throughout Ames.
Mayor Haila closed public comment.
Council Member Beatty-Hansen noted what Ms. Stewart had said resounded with her and the
Council should be thinking of having more chances than this one time. Ms. Beatty-Hansen stated that
if this was the only chance the Council had; the better the Council does with this project and the
better it fits in the neighborhood, the better chance they will have to do more in other areas in Ames.
Council Member Gartin stated there is a reason the City doesn’t have these types of projects all over
town, and it’s because the City doesn’t have control over the development. He noted the City may
not have an opportunity like this one for a long time, and he doesn’t want to give a false expectation
that these kinds of projects are right around the corner. Mr. Gartin mentioned, in his six years on City
9
Council, this is the first time the Council has had a chance to do something like this. He is excited
for the project and hopes the Council makes the most of the opportunity. Council Member Betcher
mentioned that she kind of agrees with Mr. Gartin, but there is still the question of what “making the
most of the opportunity” means. She commented that she felt the quality of life is important
regardless of a person’s economic status. She thinks of the families with little kids and wants to have
them be able to play in a backyard. Ms. Betcher mentioned that to her it means they are doing the
right thing for the quality of life in Ames. The Council shouldn’t lose hope that it could do
something else, somewhere else in the future if this project goes well. Mr. Gartin stated there are
similar densities in terms of the land all over Ames. Mr. Gartin noted that staff had indicated that
there is plenty of green space and parks around the area. He stated there is not an opportunity to have
the perfect project and they need to balance. He noted that as Ms. Baker-Latimer pointed out earlier
that the City of Ames has the need for affordable housing and there will be families that won’t get
to live in Ames. He commented that this is an opportunity to have workforce housing in the
community and the Council may forfeit these over characteristics that he thinks are not fair. Mr.
Gartin felt the Council should maximize the number of families they can help.
Council Member Gartin explained that the Council sets goals for a reason, and there are a lot of
different housing areas in the community that range in levels of amenities. He believed this is a
unique opportunity that the City of Ames will probably not see again for many years and hopes the
Council will take advantage.
Moved by Betcher, seconded by Martin, to adopt RESOLUTION NO. 20-570 to pursue the Prairie
Fire Development Corporation as partner for the LIHTC application and development of the site at
321 State Avenue with affordable multi-family housing and directing staff to prepare an Agreement.
Council Member Gartin stated the Council needs to speak for the people who will be living in the
housing and go with the MVAH option. Council Member Betcher stated she would counter that and
say that they are trying to speak for those people and their quality of life.
Council Member Martin stated they all agreed on the Council Goals and this is where they will sort
out that the goals are not 100% compatible all the time; there will be some trade-offs.
Council Member Beatty-Hansen commented that by considering affordable rental on the parcel is
the Council’s attempt to address the need; it is about compromise as well.
Council Member Martin stated one benefit the City will have is the new federal income from the
HOME program. This is a way to use that money to benefit the community, but there is other income
from the program.
Council Member Gartin wanted to know when the last time was the City had an opportunity to do
a multi-family housing project. Ms. Baker-Latimer stated they have not done a development before
as a City, but they administered the Section-8 program. The City offered a first-time homebuyer
program. Mr. Gartin asked Ms. Baker-Latimer how long she has worked for the City. She
10
commented that it had been over 38 years. Mr. Gartin stated that is his point, and they need to think
long term.
Roll Call Vote: 4-2. Voting Aye: Beatty-Hansen, Betcher, Junck, Martin. Voting Nay: Corrieri,
Gartin. Resolution declared carried, signed by the Mayor, and hereby made a portion of these
Minutes.
Mayor Haila inquired what the next steps would be. Ms. Baker-Latimer stated they will be making
sure the design meets the requirements of the development and if there is anything that could be
enhanced. They will also be working on getting an Agreement done in time to allow additional
public input before the City has to submit the application to IFA. The application has to be submitted
by March 2021.
DOMANI SUBDIVISION, FIRST ADDITION: Planning and Housing Director Kelly Diekmann
pointed out that there were two actions tonight. He stated the Council would be approving a
Development Agreement and the Final Plat. Staff had addressed the interest of phasing as well as
protecting the City during the construction activities that will occur on City property. City Manager
Schainker wanted to confirm that the Development Agreement had been signed. Director Diekmann
confirmed that it was along with the letter of credit.
The public hearing was opened by the Mayor. He closed the hearing after no one asked to speak.
Moved by Betcher, seconded by Corrieri, to adopt RESOLUTION NO. 20-571 approving the
Development Agreement for the Domani Subdivision, First Addition.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Betcher, seconded by Junck, to adopt RESOLUTION NO. 20-572 approving the Final
Plat for the Domani Subdivision, First Addition.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
AIRPORT MASTER PLAN: Traffic Engineer Damion Pregitzer stated that on September 22,
2020, the City Council approved the draft Airport Master Plan. The Plan was made available for a
30-day public comment period, and there had not been any public comments. Once adopted, staff
will submit the final Plan to the Federal Aviation Administration (FAA) for their approval of the
Aviation Forecast and Airport Layout Plan.
The Mayor opened the public hearing and closed it after there was no one wishing to speak.
Moved by Gartin, seconded by Betcher, to adopt RESOLUTION NO. 20-573 approving the Airport
Master Plan.
11
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Council Member Corrieri left the meeting at 7:28 p.m.
HEARING ON PROPOSED TEXT AMENDMENTS REGARDING THE NEW FLOOD
PLAIN MAPS, UPDATED DEFINITIONS, AND AMENDED TERMINOLOGY USED IN
CHAPTER 9 OF THE AMES MUNICIPAL CODE: Planner Justin Moore stated that the process
was initiated by the Federal Emergency Management Agency (FEMA) and the Department of
Natural Resources (DNR) in 2018. In March 2019 City staff mailed notices to all property owners
with properties currently within the floodplain or new properties coming within the new boundaries
of the floodplain to make sure all property owners potentially affected by the update were aware of
what was happening. A public comment and review period began in January 2019 and ended
December 2019. Mr. Moore explained that staff did appeal a floodplain expansion around Ada
Hayden Lake and FEMA reviewed the appeal and granted the appeal to have the boundaries reduced.
One additional area that did not match the existing conditions was in south Ames in the Teagarden
drainage area. The City is pursuing a map amendment to remove the piped area from the flood plain.
If granted, that would remove a sizable amount of floodway and floodplain in the Crystal and Jewell
Street area. This will not be part of this map update and will come as a separate Map Amendment
at a later time.
Council Member Betcher explained the Council gets a lot of complaints from neighbors about water
backup in the Teagarden area. She wanted to know if it was beneficial for the property owners to be
included in the FEMA floodplain map or to not be included on the map. Mr. Moore stated that the
process the City is going through with the letter and map amendment will address the portion of the
former creek; most of the north half of the Teagarden area is already piped to the City’s storm sewer
system. It would adequately address the properties that would be in the floodplain. They want to
eliminate any unnecessary floodplain areas.
Mayor Haila asked if any of the minor changes to the map have had any effect on the Ames 2040
Plan. Planning and Housing Director Kelly Diekmann stated “no,” as the extent of the changes was
very minimal.
Mayor Haila asked if adopting these changes would have any adverse effect on property values. Mr.
Diekmann stated he is unable to judge if it is an adverse value; however, lending institutions will
want to know if a property is in the floodplain, and the property owner is obligated to carry
floodplain insurance. He noted if a property was not previously in the floodplain area and will now
be due to the change they will have to obtain floodplain insurance. It was noted that 70 properties
were being changed and a reminder notice had been sent to the property owners. Mayor Haila
inquired if any property owners had any comments after getting the reminder notice. Mr. Moore
mentioned that he did receive a couple inquires and the majority of the questions were about how
12
the change would affect its property insurance. He advised them to contact their insurance company
to find out how it would affect them.
Mayor Haila pointed out that FEMA generated the map changes. Mr. Moore stated that was correct
and anyone who wanted to appeal its findings had the avenues to do so, but if no one appeals, the
boundaries will go into effect. Director Diekmann stated that the program is an opportunity for the
people of Ames to take advantage of flood insurance. To take advantage of the federal subsidized
flood insurance there has to be regulations applied to the property. Mr. Diekmann noted another
aspect of the Ordinance is that nonconforming buildings, at a certain time when improvements are
made to them, will need to be brought into conformity for flood protection.
Council Member Gartin asked how many residential properties were now subject to the flood
insurance requirement that were not previously required. Mr. Moore stated he doesn’t have an exact
count on the number of residential buildings, but the new properties that are being added were
mainly non-residential except for one or two. Mr. Gartin stated that the federal government is
gradually stepping away from the subsidy for flood insurance. This will become extremely expensive
for homeowners who have to maintain the insurance, and as a result, it will have a dramatic effect
on property values. He pointed out that these adjustments are going to happen periodically, but there
is nothing the City can do.
The Mayor opened the public hearing and closed it after there was no one wishing to speak.
Moved by Gartin, seconded by Martin, to pass on first reading an ordinance regarding the new
Floodplain Maps, updated definitions, and amended terminology used in Chapter 9 of the Ames
Municipal Code.
Roll Call Vote: 5-0. Motion declared carried unanimously.
HEARING ON ZONING TEXT AMENDMENTS REGARDING THE EXTENSION OF
BUILDING FEATURES INTO REQUIRED SETBACKS: Mayor Haila opened the public
hearing and requested to have the hearing continued to November 24, 2020.
Moved by Martin, seconded by Betcher, to continue the hearing on November 24, 2020, for the
Zoning Text Amendments regarding the extension of building features into required setbacks.
Vote on Motion: 5-0. Motion declared carried unanimously.
HEARING ON THE ENVIRONMENTAL INFORMATION DOCUMENT FOR THE
NORTH RIVER VALLEY WELL FIELD AND PIPELINE PROJECT: Water & Pollution
Control Assistant Director Neil Weiss stated that on April 23, 2019, City Council had issued a
Notice to Bidders for the North River Valley Well Field and Pipeline Project. The bids that were
received were over the engineer’s estimate by 34%, and on June 11, 2019, the Council rejected all
bids. Since the rejection of bids, staff had moved the funding for the project construction to the
Drinking Water State Revolving Fund (SRF) program. Mr. Weiss noted that the Environmental
Information Document (EID) is part of the SRF process and just one component of the
13
environmental review of the SRF process. The overall conclusion of the EID is the project will have
no significant environmental impact. Mr. Weiss pointed out that, on Pages 2 and 3 of the Iowa State
Revolving Fund Environmental Information documents, it shows that the Iowa Department of
Natural Resources (DNR) reached out to about 40 different state local agencies and no adverse
comments were received from the agencies. A Phase 1 Archeological Investigation of the proposed
project area is currently underway and the results from the Investigation will be submitted to the
State Historical Preservation Office for review. The project will only proceed as planned if a
determination of either “no historic properties affected” or “no adverse effect on historic properties”
can be appropriately reached with or without mitigation. Mr. Weiss let the Council know that the
U.S. Fish and Wildlife Service Section 7 Technical Assistance website consultation determined, and
the Iowa DNR Conservation and Recreation agreed, that the project will not impact threatened or
endangered species or their habitats provided that any tree cutting is conducted between October 1
and March 31 to avoid impacting endangered bats.
The Mayor opened public comment. It was closed when there was no one wishing to speak.
Moved by Gartin, seconded by Betcher, to adopt RESOLUTION NO. 20-574 authorizing the Mayor
to sign the IDNR Environmental Information Document on behalf of the City of Ames.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON THE UNIT 8 BOILER REPAIR: The public hearing was opened by the Mayor.
He closed the hearing after no one asked to speak.
Moved by Junck, seconded by Betcher, to accept the report of bids and delay the award of a contract.
Vote on Motion: 5-0. Motion declared carried unanimously.
HEARING ON THE BAKER SUBDIVISION GEOTHERMAL HEAT PUMP SYSTEM: The
Mayor opened the public hearing and closed it after there was no one wishing to speak.
Moved by Beatty-Hansen, seconded by Junck, to accept the report of bids and delay the award of a
contract.
Vote on Motion: 5-0. Motion declared carried unanimously.
HEARING ON AMENDED MAJOR SITE DEVELOPMENT PLAN, WHICH IS PART OF
THE INTEGRATED SITE PLAN FOR 3619 STANGE ROAD: Director Kelly Diekmann
mentioned this was a Minor Amendment. The Council had approved the development of the coffee
shop two months ago. The developer had made some small changes to its layout and decided to ask
for an increase in the square footage. Staff is recommending approval as the overall layout does not
change and it is a minor adjustment to what was already approved.
The public hearing was opened by the Mayor. He closed the hearing after no one asked to speak.
14
Moved by Betcher, seconded by Junck, to adopt RESOLUTION NO. 20-575 approving the
Amended Major Site Development Plan, which is part of the Integrated Site Plan for 3619 Stange
Road, with stipulations.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ORDINANCE REPEALING CERTAIN URBAN REVITALIZATION AREAS (URA),
EFFECTIVE 12-31-20: Planning and Housing Director Kelly Diekmann stated this item is the
implementation of the directive that staff received from the Council back in August to help clean up
some of the Urban Revitalization Areas. They are ending areas where they had already intended to
end either through repeal or adding sunset clauses. All the areas are listed, and it will be one
ordinance that combines the changes.
Council Member Betcher asked about the Crawford situation with the two outstanding properties
that have not applied. She wanted to know if those units were not currently occupied, but wanted to
know what the situation is that postdating the URA to 1-2-21 would address the issue. Director
Diekmann explained the Plan originally meant for it to end this year, but to functionally allow that
to happen it has to be effective until January 2, 2021, to allow the last two people time to fill out the
paperwork. He does not know the status of each unit and why they had not filed the paperwork.
The Mayor opened public comment. There was no one wishing to speak.
Mayor Haila mentioned that he didn’t see The Crawford at 415 Stanton Avenue on the Agenda. The
Mayor noted that the Agenda did not list the 415 Stanton Crawford School Urban Revitalization
Area established 06-12-18 by Ordinance No. 4357. Director Diekmann explained they bulleted out
seven URAs in the Staff Report and the Draft Ordinance has the seven listed. He noted there was no
notice required. Mayor Haila asked for City Attorney Mark Lambert’s opinion as the 415 Stanton
Crawford School Urban Revitalization Area is noted in the Staff Report and on the draft Ordinance,
but not on the Agenda. Attorney Lambert explained that he doesn’t view it as a notice problem
because even though it is not specified on the Agenda, it is on the Council Action Form and in the
Ordinance. It was just an oversight to not have it on the actual Agenda. Mr. Lambert felt there was
enough notice to still make it valid. Director Diekmann mentioned they can make sure it is added
into the Agenda for the second reading. Council Member Betcher wanted to know if there will be
an opportunity at the second reading for anyone to speak about that aspect of the Ordinance. Attorney
Lambert explained that normally they don’t allow that, but it is the Mayor’s discretion if he wants
to allow public input on the second reading or not. Mayor Haila explained that given that it is shown
in the Staff Report and the draft ordinance, it just happened to not be on the Agenda. Mayor Haila
asked Director Diekmann and Attorney Lambert if they felt there was adequate notice given to the
public, so they are not concealing anything. Attorney Lambert confirmed that was correct and
Director Diekmann deferred to the City Attorney. Director Diekmann wanted to point out that in this
case the deadline was already in the Plan, so the property owners shouldn’t expect any longer period
of time to apply than what is already there; the Ordinance is memorializing what was expected to
be the end date already. Mayor Haila inquired for the record if a motion is made for Alternative #1,
15
instead of reading each one off, would that be adequate for the record. Attorney Lambert stated that
would be fine as it is in the Council Action Form.
Moved by Martin, seconded by Beatty-Hansen, to approve Alternative #1 as stated in the Council
Action Form; to pass on first reading an Ordinance repealing the following Urban Revitalization
Areas, effective 12-31-2020 for each of the following:
a.South Lincoln “Sub-Area”/Neighborhood Urban Revitalization Area, established 09-23-03
by Ordinance No. 3733
b.405 & 415 Hayward Avenue Urban Revitalization Area, established 11-20-2007 by
Ordinance No. 3932
c.517 Lincoln Way Urban Revitalization Area, established 02-24-2015 by Ordinance No. 4209
d.Roosevelt School Site and City of Ames Park 921 9th Street Urban Revitalization Area
established 11-12-2013 by Ordinance No. 4162, and Program Policy established by
Resolution No. 13-265
And effective 01-02-2021 for the following:
a.415 Stanton Crawford School Urban Revitalization Area established 06-12-2018 by
Ordinance #4357
And additionally, by establishing a sunset date of 12-31-2021 for each of the following:
a.Walnut Ridge, 3505 and 3515 Lincoln Way Urban Revitalization Area, established 04-26-16
by Ordinance No. 4254
b.2700, 2702, 2718, and 2728 Lincoln Way; 112 and 114 South Hyland Avenue; and 115
South Sheldon Avenue Urban Revitalization Area, established 12-13-2016 by Ordinance No.
4284
Roll Call Vote: 5-0. Motion declared carried unanimously.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila stated that the first item
was an email from Lawrence Cunningham regarding traffic concerns in the South Campus
neighborhood.
Moved by Betcher, seconded by Beatty-Hansen, to request a memo from Damion Pregitzer, Traffic
Engineer, regarding what the situation is and reviewing the possibilities for future action.
Vote on Motion: 5-0. Motion declared carried unanimously.
The second item was a letter (and artwork) from Camden Boeve requesting a mini playground at Bel
Air Circle.
Moved by Martin, seconded by Betcher, to refer the request for a mini playground at Bel Air Circle
to staff.
City Manager Steve Schainker recommended writing to the individual to let them know that this
would be an ideal case for the Neighborhood Improvement Grant program. Mayor Haila mentioned
that he will also send Mr. Boeve a note to thank him for taking the time to write a letter to the
16
Council and Mr. Schainker will write a letter regarding the Neighborhood Improvement Grant
program.
Vote on Motion: 5-0. Motion declared carried unanimously.
Mayor Haila mentioned that the third item was a letter from Byron and Beverly Schulke regarding
concerns about the parking lot on the east side of Lot 19 in Somerset, 13th Addition. City Manager
Schainker recommended asking staff for a memo.
Moved by Gartin, seconded by Martin, to ask staff for a memo on Mr. and Mrs. Schulke’s letter
regarding concerns with the parking lot in the Somerset Addition.
Vote on Motion: 5-0. Motion declared carried unanimously.
The fourth request presented before the Council was the Child Care Task Force final report and
recommendations and memo from Wendy Wintersteen, ISU President. City Manager Schainker
asked Assistant City Manager Schildroth if any action was needed. Ms. Schildroth noted that it was
something to keep in mind in regarding the recommendations as the City moves into the next fiscal
year ASSET process. She noted that one of the recommendations that will be in the budget report
was to transition the Comfort Zone, a daycare service for mildly ill children. The Comfort Zone has
been in place for many years and is not heavily utilized and is required to have a nurse available in
case there are children that are ill. It is being recommended to transition the Comfort Zone to an
infant or toddler room to help address the waiting list that the United Church of Christ (UCC) has.
UCC has reached out to the ASSET funders asking what the process is to reallocate dollars from the
Comfort Zone to another process. Ms. Schildroth noted it was about $1,100 that may be coming in
front of the Council. She noted that one of the big issues prior to the pandemic was capacity, the
majority of the daycare agencies had waiting lists, but not funds to expand its services.
Council Member Gartin stated this was prepared prior to COVID-19 and asked if there was an
increase in childcare services due to the pandemic. Ms. Schildroth stated it has fluctuated and that
is due to several factors; changes to school schedules, kids staying home, work schedules, etc. Ms.
Schildroth is anticipating a lot more changes to childcare needs.
The first item was an email from Jean and Dean Prestemon and Damion Pregitzer, City Traffic
Engineer regarding traffic safety concerns from residents on Delaware Street near North Dakota
Avenue.
Moved by Martin, seconded by Betcher, to refer the email from Jean and Dean Prestemon to Damion
Pregitzer, Traffic Engineer for a memo.
Vote on Motion: 5-0. Motion declared carried.
The Mayor explained the last item was a memo from Duane Pitcher, Finance Director giving
notification about the Economic Development Assistance Agreement with Vertex Software, LLC.
17
City Manager Schainker stated no action is needed tonight as the memo stated that the action was
rescinded by the State and no further action is needed by the City.
COUNCIL COMMENTS: Council Member Martin explained that Mr. Schainker had sent the
Council information from Ideal Energy, who is working on the Solar Farm, about the connection
fees, and inquired if Mr. Schainker needed the Council to do anything. Mr. Schainker stated that the
City’s current fee schedule does not contemplate solar farm rates. Staff is currently working on a fee
schedule. He noted that it may require the Council to take some swift action on a staff
recommendation to change/add to the fee. Staff is working with other cities to see what they are
doing for a fee schedule. It will be brought back to Council to approve any changes/additions to the
fee schedule.
Council Member Gartin stated he had sent the Council a note indicating his interest in hearing about
how things were going with finances CyRides budget.
Moved by Gartin, seconded by Betcher, to invite the Director of CyRide to meet with the Council
to discuss the fiscal status of CyRide prior to the end of the year.
Vote on Motion: 5-0. Motion declared carried unanimously.
Council Member Junck reminded people to go vote on November 3, 2020, and exercise their civic
duty.
Council Member Betcher reminded people to wear a mask when going to vote. She also wanted to
remind everyone of the upcoming Symposium on Building Inclusive Organizations in November and
to contact Vanessa Baker-Latimer to get registered.
ADJOURNMENT: Moved by Gartin to adjourn the meeting at 8:07 p.m.
______________________________________________________________________
Amy L. Colwell, Deputy City Clerk John A. Haila, Mayor
__________________________________
Diane R. Voss, City Clerk
18
REPORT OF
CONTRACT CHANGE ORDERS
General Description Change Original Contract Total of Prior Amount this Change Contact
Public Works 2020/21 CDBG
Improvements (Baker
Subdivision)
Improvements (Burnett,
Murray)
Services Services for 161 KV Line
Services Compliance with the US
EPA's Coal Combustion
Period:
Item No. 4
Sm art Choic e
MEMO
To:Mayor John Haila and Ames City Council Members
From:Lieutenant Tom Shelton, Ames Police Department
Date:October 7, 2020
Subject:Beer Permits & Liquor License Renewal Reference City Council Agenda
The Council agenda for November 10, 2020 includes beer permits and liquor license
renewals for:
·Class B Native Wine Permit with Sunday Sales - Chocolaterie Stam, 230 Main
Street
·Class B Liquor License with Catering Privilege, Outdoor Service, and Sunday
Sales - Country Inn & Suites Ames, 2605 SE 16th Street
·Class C Liquor License with Sunday Sales - Time Out-Ames, 120 Kellogg
Avenue
·Class C Beer Permit with Class B Wine Permit and Sunday Sales - Swift Stop #8,
705 24th Street
A review of police records for the past 12 months found no liquor law violations for any
of the above locations. The Ames Police Department recommends renewal of licenses
for all the above businesses.
·Class E Liquor License - AJ’s Liquor III, 2401 “A” Chamberlain Street
·Class C Liquor License with Outdoor Service and Sunday Sales - Outlaws, 2522
Chamberlain Street
A review of police records for the past 12 months found 3 liquor law violations for AJ’s
Liquor III located at 2401 Chamberlain. One subject was found to have an ID that
belonged to a friend and was cited for being underage on premises. For the other two
cases, both individuals were found to be underage and were escorted from the premises.
A review of police records for the past 12 months found 2 liquor law violations for
Outlaws located at 2522 Chamberlain St. One subject was found to have a fake Missouri
515.239.5133 non-
em erg enc y
515.239.5130
Adm inistration
515.239.5429 fax
515 Clark Ave. P.O. Box
811
Ames, IA 50010
www.CityofAmes.org
Police Department
Item No. 6
license and was cited for being underage on premises. For the other case, officers found
a subject who was underage, and the individual was escorted from the premises
Records indicate representatives of AJ’s Liquor III attended the summer 2018 bar
meeting but missed the spring 2019 bar meeting.
Records indicate representatives of Outlaws attended the summer 2018 and 2019 bar
meetings
The Police Department will continue to monitor the above locations by conducting
regular foot patrols, bar checks and by educating the bar staff through trainings and
quarterly meetings. The Ames Police Department recommends renewal of licenses for
the above businesses.
ITEM #: Add’l. Item
DATE: 11-10-20
COUNCIL ACTION FORM
SUBJECT: PURCHASE OF 1126 GRAND AVENUE IN CONJUNCTION WITH
THE CITY’S DANGEROUS BUILDINGS PROGRAM
BACKGROUND:
The property at 1126 Grand Avenue was declared a Dangerous Building by the City’s
Inspections staff on January 10, 2020 (see attachment), under Chapter 5 of the Ames
Municipal Code.
Back in September 2019, a routine inspection was conducted by a City Rental Housing
Inspector and found the property to be a nuisance to the public. The owners were
notified of the City’s intent to open a dangerous building case on the structure in October
2019. The property owners were given the opporunity to settle any matters with the
structure before it was posted as a dangerous building. Since this time the Building
Offical has spent several months working with the property owner to take the necessary
corrective actions that would need to occur in order for the property to be taken off the
dangerous building status. The property continues to be a dangerous building and may
not be occupied. During this timeframe the property taxes for several years were unpaid
by the property owner, the property has gone to tax sale and the purchaser of the
property at tax sale is entitled to a deed to the property but is not interested in owning
or improving the property and approached the City to sell the rights it acquired in the
property through tax sale.
As with a similar dangerous building case in 2019 at 1417 Douglas. The Housing
Coordinator was again consulted to determine if CDBG or Affordable Housing funds
could be utilized for this similar situation. It was determined that the property is located
in an Urban Core Residential Medium Density Zone (UCRM-which is intended to
preserve the character of one and two-family homes near the downtown area and is an
area is mainly one and two-family homes mixed with apartment buildings). Since the
structure is in a very deteriorated and unsightly condition, it was determined that the
property could meet the criteria for purchase under the goal of the Acquisition/Reuse
Affordable Housing Program. The Housing Coordinator has been working closely with
the Legal Department and the party that purchased the property at tax sale to negotiate
the price and terms and conditions of the sale the property.
Negotiations with the holder of the tax certificate have resulted in an agreed price of
$6,000, plus current taxes due and unpaid and closing costs estimated at an additional
$2,205, for a total price of approximately $8,205. In order to finalize the negotiations,
staff is asking City Council to authorize the Housing Coordinator to proceed with and
execute a purchase agreement with acceptable terms and conditions at a purchase a
price of $6,000, plus the costs described above.
If approved by City Council, the next step would be to close the sale and proceed with
determining the presence of asbestos on the property and demolition. Staff anticipates
those cost could run approximately $20,000 to $40,000. Coordinator has spoken with
Habitat as a potential purchaser of the property.
ALTERNATIVES:
1. The City Council can approve the borrowing of approximately $8,205 for the
purchase of the property and approximately $40,000 for asbestos removal and
demolition from the City-Wide Affordable Housing Programs Fund for the
property at 1126 Grand Avenue and then re-sell the property to reimburse the
expenditures advanced from this fund.
2. The City Council can approve the borrowing of approximately $8,205 for the
purchase and approximately $40,000 for the asbestos removal and demolition from
another City fund for the property at 1126 Grand Avenue and then re-sell the
property to reimburse the expenditures advanced from that fund.
3. The City Council can refer the item back to staff for more information.
4. The City Council can decide not to purchase this property.
MANAGER'S RECOMMENDED ACTION:
The purchase of this property is consistent with the goals and priorities the City’s
Housing programs. Unfortunately, funds from our current CDBG Acquisition/Reuse
Program have already been committed. In order to proceed with the purchase of this
property, an alternate funding source will have to be identified.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative #1, thereby approving the borrowing of approximately $8,205 for the
purchase and approximately $40,000 for the asbestos removal and demolition from the
Citywide Affordable Housing Program for the property at 1126 Grand Avenue and then
re-sell the property to reimburse the expenditures advanced from this fund. This was
the same strategy successfully used for the purchase of 1417 Douglas.
1
ITEM # ____7___
DATE 11-10-20
COUNCIL ACTION FORM
SUBJECT: FILES MANAGEMENT SYSTEM UPGRADE
BACKGROUND:
The City Clerk’s Office utilizes the Files Management System (FMS) for electronic
storage and retrieval of official and historical City documents. The System was custom-
designed by a local programmer in consultation with the City Clerk to include many
functions that allowed for increased efficiencies in records management, but were not
available in any commercial software. Operational since 1999, its initial cost was
$3,000. Significant upgrades to the System have been made throughout the past 22
years to allow access within a few seconds to all official records on file in the City
Clerk’s Office by all authorized users.
In 2008, the local programmer called upon his business partner Bruce Thompson d/b/a
Action Information Systems to adapt the System to cloud technology and to ensure
compatibility with previous versions. Due to changes to City computer security and
operating systems as well as advancements in technology, an upgrade is now needed
to the City Clerk’s FMS. As part of the upgrade, an information bank, which is new
class of digital storage designed by Action Information Systems will be deployed. Since
Action Information Systems custom-designed the past upgrades and the new
digital storage bank and is intimately familiar with the workings of the System, it
will be the most cost- and time-efficient to have them make the needed changes.
Because the system was customed designed to meet the needs of City Clerk’s offices, it
offers functions not found in any other universal records retrieval software. A very
detailed evaluation with required tasks to be performed by the programmer, the task
time lines, and an estimated budget has been completed. There are over 750,000 files
to be extracted and converted. This extraction is guaranteed and included in the cost of
the FMS upgrade. The upgrade also allows for additional revisions if the City’s operating
system changes in the future.
Without FMS, the City Clerk’s Office could not offer the timely and accurate service that
our internal and external customers depend on. There are currently 56 employees from
other City departments authorized as users of FMS. Because FMS was custom built for
the City, no license fees are charged to user departments. The upgrade includes a
customized information “bank,” which provides ultimate protection of the data. The cost
of the upgrade is far less than adding personnel to assist in document retrieval or
maintenance. In addition, there will be reduced demand placed on the City’s IT Division
(no server space or staff time to install software).
2
The cost of the upgrade is $71,625. The City Clerk’s Office has salary savings from
staff vacancies (1.5 FTEs) in the City Clerk’s Office over the past eight months to fully
fund the cost of the upgrade.
ALTERNATIVES:
1. Waive the City’s Purchasing Policies and approve a sole source contract with
Action Information Systems of Golden, Colorado, for upgrading the City Clerk’s
Office Files Management System in the amount of $71,625.
2. Do not approve a waiver of the City’s Purchasing Policies or a sole source
contract for upgrading the City Clerk’s Office Files Management System.
CITY MANAGER’S RECOMMENDED ACTION:
An upgrade to the City Clerk’s Office FMS is necessary to allow it to function efficiently
and accurately. An average of 1,026 document searches are run per month through the
System by City Clerk’s staff and employees of other City departments. Therefore, the
system is crucial to continue efficient and accurate operations in the City Clerk’s Office
and provide the best service to internal and external customers.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as described above.
1
ITEM # _____8___
DATE 11-09-20
COUNCIL ACTION FORM
SUBJECT: MODIFICATIONS TO FY 2020/21 CAMPUSTOWN ACTION
ASSOCIATION CONTRACT DUE TO COVID-19
BACKGROUND:
The City has an outside funding contract with Campustown Action Association (CAA) for
FY 2020/21, which was approved in spring 2020 in the amount of $35,168. CAA is
requesting modifications to this contract due to the COVID-19 pandemic. The contract
contains the following tasks for CAA to complete between July 1, 2020 and June 30,
2021:
Drawdown Schedule:
Task Date Amount
-Plan and host two fall events Oct. 2020 $ 11,000
-Plan and execute Summerfest in Campustown June 2021 $ 8,000
-Recruit outside organizations to host events in Campustown Jan. 2021 $ 2,418
-Coordinate activities to clean up and beautify Campustown
(Part 1)
Dec. 2020 $ 3,500
-Serve as a point of contact regarding Campustown public
policy issues and inform property owners and tenants about
policy changes, construction projects, and other issues that may
a report to the City regarding the potential to expand the
On April 28, 2020, the City Council approved a carryover in the amount of $11,000 from
CAA’s FY 2019/20 contract into FY 2020/21. This carryover was approved for two
activities required under the FY 2019/20 contract that could not be completed due to the
COVID-19 outbreak. These were tasks to host Summerfest ($8,000) and coordinate
spring Campustown clean-up ($3,000). These funds will be added to the 2021
Summerfest and Spring 2021 Beautification tasks called for in the original FY 2020/21
contract. These carryovers bring the FY 2020/21 total payable to CAA to $46,168.
On October 14, 2020, CAA submitted a letter to staff indicating its intention to cancel the
two fall events called for in the FY 2020/21 contract (attached). CAA proposes four
alternative tasks to allow it to draw down the $11,000 assigned to these fall events. The
proposed alternative tasks are:
2
1. Serve as a point of contact for Campustown businesses regarding COVID-19
resources ($2,000 in Fall 2020, $2,000 in Spring 2021)
2. Host Tricks & Treats Drive-Thru Event as an alternative, low-contact option for
community members ($2,000)
3. Introduce gift card program to encourage community to shop locally in
Campustown ($3,000)
4. Plan and execute Fridays Around Campustown in Spring 2021 ($2,000)
With these modifications, the revised tasks to be undertaken by CAA in FY 2020/21
would be (changes in highlight):
Drawdown Schedule:
Task Date Amount
-Host Tricks and Treats Drive-Thru Event Oct. 2020 $ 2,000
-Serve as point of contact for Campustown businesses regarding
COVID-19 resources (Part 1)
Nov. 2020 $ 2,000
-Coordinate activities to clean up and beautify Campustown
(Part 1)
Dec. 2020 $ 3,500
-Recruit outside organizations to host events in Campustown Jan. 2021 $ 2,418
-Promote the Campustown Façade Grant program and provide
a report to the City regarding the potential to expand the
policy issues and inform property owners and tenants about
policy changes, construction projects, and other issues that may
ALTERNATIVES:
1. Approve the revised drawdown schedule for Campustown Action Association’s
FY 2020/21 funding contract.
2. Modify the proposed tasks in the revised drawdown schedule.
3. Do nothing.
3
CITY MANAGER’S RECOMMENDED ACTION:
Campustown Action Association has requested to pursue alternative activities as part of
its FY 2020/21 funding contract due to the risk of hosting large gatherings during the
COVID-19 pandemic. Approving these alternatives will allow CAA to draw down its full
allocation of funding for the fiscal year. If this request is not approved, CAA will have to
choose to conduct the events outlined in the original contract or forego that funding for
this fiscal year.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as described above.
October 14, 2020
Dear Honorable Mayor and Ames City Council Members,
I am writing to you regarding the City of Ames Milestone funding the Campustown Action Association was granted
for the 2020/21 FY. With these constantly changing circumstances, CAA made the decision to cancel both of our fall
events for 2020. This equates to $11,000 in funding from the City. The board has voted to submit the proposed
alternates (shown in attached document) as a means to fulfill our contract.
Some of these items are already occurring. CAA has worked, and will continue to work, to provide the most timely
and pertinent information possible to our Campustown businesses. From participating in the Welcome Home /
Cyclones Care campaign to updating the public on revised shop hours, we strive to provide whatever assistance we
can to our district businesses during these unprecedented times. The Ames Chamber of Commerce, as well as the
City of Ames, have been an excellent source of information to us. As always, we task ourselves with ensuring this
information is relayed to those who will most benefit.
CAA is also in the midst of planning an alternate to our Halloween event in the form of a drive through Tricks & Treats
event. We hope to provide a low to no contact option for families, especially those who may be uncomfortable with
the traditional door-to-door method. Participants will remain in their vehicles, masks will be worn by those staffing
the event (and encouraged for those in vehicles) and treat bags will be handed out at the end, limiting close contact. I
do apologize for the late ask on this particular item.
The third item is a new program we’d like to introduce. Similar to the Ames Chamber’s gift card program, CAA would
offer gift cards to Campustown shops and restaurants at a reduced rate. Sponsors will cover the portion of gift card
not paid by purchaser. Grant funds would go to setting up the payment system, a delivery mechanism and promotion
of the program. Between the construction on Welch, the pandemic, and the changes in the Iowa State schedule, our
district is hurting. We hope to encourage the community to shop local this holiday season and help Campustown
finish the year strong.
We also plan to move our Fridays Around Campustown event to the spring. No date has been set, but FAC would
occur before ISU graduation. This event has previously been held in the fall, which means it was already approved as
part of the Fall Events milestone. However, we thought it best to clarify due to the newly proposed timeline.
Finally, CAA plans to use the grant funds carried from 2019/20 (again due to cancellations) for their original purposes.
We would add features that are usually outside our funding model, such as more well-known musical artists at
Summerfest, or rented equipment for our spring clean-up. I would also like to take the time to mention that
Summerfest 2020 was to have been our 10-year anniversary. We would welcome the opportunity to add in some fun
features for the community to help us celebrate.
We hope you see these as worthwhile alternates for the grant funds for the 2020/21 FY. Please reach out if any
clarification is needed. This has been a tough time on the entire Ames community. We thank you for the time you put
in every day and your support of the Campustown Action Association’s mission to create a cleaner, safer, more
welcoming Campustown district that can be enjoyed by all.
Sincerely,
Karin Chitty, Xena Jolly,
Executive Director President, Campustown Action Association
1
ITEM # _ __9___
DATE: 11-10-20
COUNCIL ACTION FORM
SUBJECT: REQUEST TO MODIFY FY 2020/21 ASSET CONTRACT WITH RAISING
READERS DUE TO COVID-19
BACKGROUND:
Raising Readers is requesting the City modify its FY 2020/21 ASSET contract allocation
by redirecting $9,119.32 from Thrive By Five to Out of School Learning. Raising
Readers is experiencing very limited opportunities to provide Thrive By Five services
due to the COVID-19 pandemic and the inability to be in classrooms and daycare
settings in person to meet with children. Raising Readers is able to reach some children
virtually, but only if the child has the appropriate equipment (computer/electronic device
and headphones) and is in a setting where they can be supervised during the reading
session. Most preschools and daycares do not currently have extra staffing to manage
this.
The Out of School Learning program (also known as the Harrison Barnes Reading
Academy) typically sees highest utilization during the summer months to help address
the “summer slide.” However, the program is currently seeing a significant demand due
to the hybrid school schedules and families needing extra support. The Out of School
Learning program has approximately 16 students on a waiting list compared to a normal
year that has 2-3 students on the waiting list.
The revised allocations appear in the table below.
Service Original Allocation Change Revised Allocation
ALTERNATIVES:
1. Approve the request from Raising Readers to redirect $9,119.32 from Thrive By
Five to Out of School Learning in the City’s FY 2020/21 ASSET allocation.
2. Do not approve the request.
CITY MANAGER’S RECOMMENDED ACTION:
Raising Readers is adjusting programming as a result of the COVID-19 pandemic. One
of its programs, Thrive By Five, is facing limitations due to the in-person nature of
2
providing the service. Out of School Learning, on the other hand, is in higher demand
and provides skill development and support to children and families during times when
school schedules and models of teaching are frequently changing.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, thereby approving the request to modify the City’s FY 2020/21
contract with Raising Readers as described above.
Proposal: Raising Readers in Story County (RRSC) is requesting a reallocation of ASSET funding
from Thrive by Five to Out of School Learning due to COVID.
Rationale: Our Thrive by Five programs which were projected to serve a large number of
clients have been adversely affected by the pandemic.
Total Units Units Currently
Served Last Year Serving/ Projected to Serve
3315.7 300
RRSC is still providing programs but due to the pandemic, they are just on a much smaller scale.
Numbers are small for StoryPals despite our recruiting efforts. We have reached out to various
partner agencies, opened enrollment to the public, have met with preschool principals in Ames,
Nevada and Zearing, and communicated with childcare centers. Since RRSC is not able to go to
the schools due to COVID, most of our partners are not able to allocate staff to help students
with the virtual devices. Step into Storybooks will also be much smaller events due to the social
distancing requirements. StoryTime is meeting virtually which has not been well attended.
RRSC will utilize the reallocated Thrive by Five funds in the Out of School Learning category by
serving online first graders, additional students in HBRA and students who are currently on our
waitlist for HBRA. The online first grade teacher for Ames Community School District reached
out to RRSC to inquire about having volunteers work with the first graders on their reading. The
education of this age group of students has been adversely affected by the pandemic. Their
Kindergarten year was disrupted in the spring and now their first grade year is being disrupted
as well. If RRSC is granted the opportunity to reallocate funds from the Thrive by Five category
to the Out of School Learning category, we will be able to help those students as well as other
children through our Out of School programming.
RRSC has received a phenomenal response to Out of School programming this fiscal year as we
currently have 56 students enrolled in the virtual Harrison Barnes Reading Academy (HBRA). In
previous years we have averaged 30 students in our face-to-face school year program of the
Reading Academy. If we are able to reallocate funds to continue to serve the increased number
of HBRA students and an additional 12 first graders, it brings the total school year students
served in Out of School Learning to 68. Additionally, we currently have a waitlist of 16 for the
virtual HBRA program versus in a normal year we have a waitlist of 2-3 students and are able to
accommodate them by the end of the year. Including this past summer program we will serve
279 students in Out of School Learning; compared to last summer and school year where we
served 168. Community response has shown that the need for Out of School Learning is greater
this year than in the past as compared to Thrive by Five.
OSL - Out of School
Learning TBF - Thrive By Five
Units Served
Projected # of Units
This Year (All ASSET Year (All ASSET
OSL 872.7 605
TBF 327 2087
*Projected Thrive by Five Units are based on StoryPals and LENA Home programming.
As Step into StoryBooks has to completely change due to Covid -19 and
is in coordination with other organizations, an estimate is not included.
Amount Approved
OSL $14,666 $10,895.88 $3,770.12
TBF $10,937 0 $10,937
to be moved from Current OSL
New OSL Balance
New Units (based Projected
City $9,119.32 $3,770.12 $12,889.44 119.5 235
Amount Left in TBF Projected TB5 Units
City $1,817.68 175 300
1
ITEM # __10___
DATE: 11-10-20
COUNCIL ACTION FORM
SUBJECT: REQUEST TO AMEND FY 2020/21 ASSET CONTRACT WITH BOYS
AND GIRLS CLUB DUE TO COVID-19
BACKGROUND:
The Boys and Girls Club began providing extended day club services at the end of
August. This was an anticipated response to families needing additional support for
youth due to the school district’s adjusted teaching models (online and hybrid) and
schedules. The extended hours are 7:30am – 6:00pm Monday through Friday. The
Boys and Girls Club afterschool program has hours of operation from 3:00pm – 6:00pm
Monday through Friday. Youth can attend one or both sessions, however, space is
limited in order to safely socially distance.
There have been additional staff costs associated with providing the extended day club
and when coupled with the reduced capacity and participation in both programs, the
Boys and Girls Club is experiencing challenges with drawing down ASSET funds. Their
request for an amendment to the FY 2020-21 City contract entails drawing funds down
differently. The amendment would allow them to bill for two units of service (1 for
extended day club and 1 for afterschool club) for those youth who attend both
programs in one day. Only 1 unit would be billed when youth attend just one of
the programs in one day. This alternate draw down method would be retroactive
to September 8, 2020 through the remainder of the 2020-21 school year and only
applied on those days that the hybrid learning model is in place.
ALTERNATIVES:
1. Approve the request to amend the FY 2020/21 contract by authorizing two units
to be billed when both programs are attended in one day. This amendment would
be retroactive to September 8, 2020 through the remainder of the 2020-21 school
year and applied on those days that the hybrid model is in place.
Approving this amendment does not alter the total allocation that is available in
the amount of $116,724.
2. Do not approve the request.
2
CITY MANAGER’S RECOMMENDED ACTION:
The Boys and Girls Club has been adjusting programming as a result of the COVID-19
pandemic. They have extended hours to help provide extra support to youth and
families during times when school schedules and teaching models are frequently
changing. Both the extended day club and afterschool program are offered with all
health and safety precautions in place which result in smaller numbers of youth being
served. In addition to this, there have been additional staff costs to provide the
extended hours. Thus, an alternate method of drawing down funds has been requested.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, thereby approving the request to amend the City’s FY 2020/21
contract with Boys and Girls Club as described above.
RE: ASSET funding for Day Club in support of hybrid instruction
November 3, 2020
Dear Ames City Council Members,
I respectful submit our request for this current year’s City ASSET funding to be
permitted to apply toward our Day Club program offered at our Ames Club house. At the
start of this school year, we launched the Day Club program to offer a safe, affordable
location for students to complete their online school instruction under the guidance of
trained adult staff. COVID-19 mitigation strategies have been in place from the beginning,
including but not limited to face coverings and daily health screenings. This program also
provided free lunch and snack, along with Club programming as schedules permitted.
Normally during the school year, we are only open after school until 7pm. The Day
Club program is open all day from 7:30am to 6:00pm. This program significantly increased
our costs. We are also serving many fewer children per day due to reduced capacity and
parental concern over viral spread. As a result, we are unable to draw down all our ASSET
funds on a monthly basis. Being able to apply one ASSET unit for a child who attends Day
Club, then again who attends after school, would enable us to draw down our ASSET funds
and support the increased expenses associated with this pandemic relief measure. The
same request has been made of Story County and United Way of Story County.
We are requesting that this be retroactive to the first day of school on September
8th, and be applicable throughout the school year, for days when the Ames School district
is in a hybrid learning model. This would not apply to no school days when Club is open
such as teach professional days, or winter break.
Thank you for your consideration of this request.
Respectfully,
Erika Peterson, CEO
210 South Fifth Street | Ames, Iowa 50010 | 515.233.1872 | www.bgcstorycounty.org | theclub@bgcstorycounty.org
ITEM#: 11
DATE: 11-10-20
COUNCIL ACTION FORM
SUBJECT: DETOUR AGREEMENT WITH IOWA DEPARTMENT OF
TRANSPORTATION FOR 2021 BRIDGE REPAIR PROJECT ON I-35
OVER US 30
BACKGROUND:
The Iowa Department of Transportation (DOT) has scheduled a bridge repair project for
the I-35 bridges over US 30 in calendar year 2021. Certain I-35 loop ramps will need to
be closed during the various construction phases in order to complete the project. During
the project, the I-35 loop ramp traffic affected by each phase will be detoured as indicated
on the attached maps. Construction is estimated to occur from March 1, 2021 to
November 30, 2021.
Per the attached agreement, the traffic control and detour route will be maintained by the
Iowa DOT during the detour period. Engineers from the City and Iowa DOT will jointly
inspect the route to determine the existing condition of the roadway surface, base,
shoulders, and structures prior to the detour. Upon completion of the work, the Iowa DOT
will be responsible for restoring the roadways to at least the previous condition or making
appropriate compensation to the City.
ALTERNATIVES:
1. Approve the Detour Agreement with Iowa Department of Transportation for 2021
Bridge Repair Project on I-35 over US 30.
2. Do not approve the detour agreement, thus necessitating Iowa DOT to redevelop
alternate construction staging and traffic control plans.
CITY MANAGER’S RECOMMENDED ACTION:
The proposed detour will allow the Iowa DOT to complete construction activities on I-35
while providing for the most effective management of traffic during the construction
period. While public notification will be the responsibility of the Iowa DOT, the City will
assist with public awareness efforts.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
Address:
1020 South 4th, Ames, IA 50010
District 1 Office
1020 S. 4th Street, Ames, IA 50010
Phone: 515.239.1039 l Email:Allison.smyth@iowadot.us
October 22, 2020 Ref: 2102
Project No.: MBIN-035-1(506)112--0M-85
PIN No.: 20-85-035-010
John Joiner
Public Works Director
515 Clark Avenue
Ames, IA 50010
Subject: Bridge Repair Project Detour Agreement with City of Ames
Dear John:
The Iowa Department of Transportation has scheduled a Bridge Repair project for the I-35
bridges over US 30.
The I-35 loop ramp will need to be closed in order to complete the project. Construction will
occur in calendar year 2021, and the closure is estimated to be from March 1 to November 30.
During the project, the I-35 loop ramp traffic will be detoured as indicated on the enclosed map.
This detour will include local agency roads and requires an Agreement for Use of Local Agency
Roads as Detours.
If this is agreeable, please return a signed copy of the enclosed agreement. Upon receipt, the
DOT portion will be completed and a fully signed copy will be returned for your records.
If you have any questions, please contact me at 515-239-1039 or Allison.smyth@iowadot.us.
Sincerely,
Allison Smyth
District 1 Design Engineer/North Area Engineer
AS
Enclosure
cc: Tony Gustafson, IA DOT, District 1
File
District 1 Office
Form 810012wd
06-14
AGREEMENT FOR DOT-INITIATED DETOUR OF PRIMARY HIGHWAYS ONTO LOCAL ROADS
City of Ames , hereinafter known as the Local Public Agency (LPA).
the I-35 loop ramp
eastbound US 30 northbound I-35
WHEREAS, it is necessary to provide a detour for the primary highway closure period; and
WHEREAS, the LPA agrees to permit the use of its roads as a detour, more particularly described as follows:
WHEREAS, Authorized representatives of both the Department and the LPA shall jointly execute and sign a written report concerning
the condition of the proposed detour, after jointly inspecting said road, the subject of the proposed detour; said report to be in sufficient
detail as to reasonably reflect the condition of the roadway base, surface, shoulders and bridges; and
WHEREAS, the Department will review, and inspect when necessary, the bridges on the detour route and determine the
maximum vehicle weight (up to 156,000 pounds) that can be safely carried on these bridges and submit this information to the
LPA for its review. The LPA may choose to restrict detour traffic to only vehicles of legal weight or size. If the LPA allows
oversize or overweight loads, it shall notify the Department in writing. The Department shall approve the routing of overweight
WHEREAS, the Department agrees to perform the following pre-
; and
WHEREAS, the Department agrees to maintain the detour and provide all traffic control devices required by the Manual of Uniform
Traffic Control Devices (MUTCD), as adopted by the Department pursuant to 761 IAC 130, including the marking of no-passing zones
during the period the local agency road(s) and structure(s) are being utilized as a primary road detour; and
WHEREAS, Prior to revocation of the detour, the Department shall restore the local agency road to as nearly as possible as good
condition as it was prior to its designation as a temporary primary road, or adequately compensate the local agency for excessive traffic
upon the local agency road during the period it was used as a temporary primary road, in accordance with Section 313.28 or Section
WHEREAS, The detour period is estimated to March 1, 2021
and end November 30, 2021
; and
WHEREAS, the parties agree to the following additional provisions, if None
NOW, THEREFORE, BE IT AGREED that the described road be used as a detour under stipulations outlined above.
IN WITNESS W HEREOF, The parties hereto have caused this agreement to be executed by proper officers thereunto duly authorized
District Engineer (or designee) Date City representative Date
Printed name and title of city
Printed name and title of county
ITEM # 12
DATE: 11/10/20
COUNCIL ACTION FORM
SUBJECT: FY 2020/21 AIRPORT IMPROVEMENTS (RUNWAY 01/19 AIRFIELD
LIGHTING) - PROFESSIONAL SERVICES WORK ORDER NO. 2
BACKGROUND:
In September 2019, staff initiated a professional service procurement process for projects
shown in the Ames Airport Improvement Program (AIP) in accordance with the City’s
purchasing policies. Following Federal Aviation Administration (FAA) procedures, this
procurement established consulting services for all projects shown in the AIP. Bolton and
Menk was selected and City Council approved a contract on February 11, 2020 for the
first project (Electrical Vault) under Work Order No. 1. This runway lighting project is the
second in the series, referred to by the FAA as Work Order No. 2. This professional
services contract will be for all design, survey, and construction inspection
required for the next phase of airfield lighting replacements, which includes the
main Runway 01/19 and minor connecting taxiway lighting.
The project was originally shown in the FY 2021/22 Airport Improvements Program of the
Capital Improvements Plan (CIP) with a total budget of $637,575. However, because
the Federal Government issued additional funding under the CARES Act (100% with no
local match) it allowed airports nationwide to finance their FY 2020/21 projects with
CARES funds and “move up” the other projects in their plan. Therefore, the normal FAA
entitlement money the Ames Airport received for FY 2020/21 can now be planned to be
used on this Runway 01/19 lighting project (2021/22 Airport Improvements CIP). It should
be noted that the project order in the draft 2021-2026 CIP will be adjusted to account for
the effect of the CARES Act funding bill.
FAA funding covers 90% of the project (up to $573,817), with a local match of
$63,758 coming from the Airport Construction Fund. The current balance of the
Airport Construction Fund is $369,051. The design and construction observation
services in this contract (WO No. 2) are not to exceed $99,900 (Federal share =
$89,910; Local Share = $9,990). This is part of the total project budget of $637,575.
ALTERNATIVES:
1. Approve a professional services agreement with Bolton & Menk, Inc., of Ames,
Iowa, for Work-Order No. 2 for the FY 2020/21 Airport Improvements (Runway
01/19 Airfield Lighting) project at a not-to-exceed cost of $99,900.
2. Direct staff to seek additional alternatives for design of the project.
CITY MANAGER’S RECOMMENDED ACTION:
By approving this professional service agreement, the City will be able to move forward
with improvements that will ensure the safety and state of good repair for the air-side
infrastructure of the Ames Municipal Airport.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as noted above.
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WORK ORDER 2
TO
PROFESSIONAL SERVICES CONTRACT
(DESIGN, BIDDING, AND CONSTRUCTION SERVICES)
DESIGN AND CONSTRUCTION
RUNWAY 1/19 AIRFIELD LIGHTING
AMES MUNICIPAL AIRPORT
AMES, IOWA
BETWEEN: The City of Ames,
An Iowa municipal corporation (CLIENT)
AND: (CONSULTANT)
EFFECTIVE DATE: October 16, 2020
RECITALS
1. The City of Ames owns and operates the Ames Municipal Airport located near Ames, Iowa.
2. This is Work Order #2 to the Professional Services Contract, between the City and Bolton & Menk,
Inc. The Professional Services Contract effective December 18, 2019 is referred to herein as the
“Master Agreement”.
AGREEMENT
DESCRIPTION
The CONSULTANT agrees to provide Design, Bidding, and Construction Administration Services for the
construction of a new airfield lighting for Runway 1/19 and the north portion of Taxiway A, all at the Ames
Municipal Airport (herein referred to as the Project).
PROJECT UNDERSTANDING
The electrical system on all runways and taxiways at the Ames Municipal Airport are in extremely poor
condition and require constant efforts to keep runways lighted for significant traffic, both local and
transient. Numerous outages occur on a regular basis. This project would replace the old and deteriorated
runway edge and threshold lighting for Runway 1/19, which is the airport’s primary runway. This project
would also include relighting of portions of the taxiways from the apron to the runway, which would allow
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safe operations on Runway 1/19. This project will be set up for one bid to complete all of the work. The
funding will likely occur over FY 2021 and FY 2022.
I.A. BASIC SERVICES
BASIC SERVICES
For purposes of this Work Order, the Basic Services to be provided by the CONSULTANT are as follows:
1. DESIGN & BID ADMINISTRATION
1.1. Project Scoping
Consultant shall confer with the Sponsor on, and ascertain, project requirements, finances,
schedules, and other pertinent matters and shall meet with FAA if needed and other concerned
agencies and parties on matters affecting the project and shall arrive at a mutual understanding
of such matters with the Sponsor. It is anticipated that there will be a maximum of 3 meetings
with the Sponsor and/or the FAA, to review pavement eligibility and project limits.
1.2. Project Meetings and Coordination with Sponsor, FAA, etc. Consultant shall coordinate with
the subconsultants, sponsor, FAA and other applicable agencies to complete the work elements
in Phase 1.
1.2.1. The task includes one meeting at the Airport, attended by the Project Manager. The
Consultant will prepare for and conduct up to two (2) meetings at the Airport Sponsor
to present the findings of the design phase and any alternatives and recommendations
for the project. The result of the meeting(s) will be an agreed upon project design
parameters to proceed forward with final construction documents.
1.2.2. Coordination with FAA, Local agencies, subconsultants, etc. The Consultant shall
coordinate the project parameters and criteria with the project stakeholders including
the FAA, Sponsor, and Project Manager.
1.2.3. This task includes one progress meeting per week will be held, one -hour in duration,
with all design team members through the duration of the design phase.
1.2.4. Consultant will prepare agendas and minutes for each meeting referenced above.
1.2.5. Pre-design meeting agenda items shal l follow AC 150/5370 -12B and the AIP Sponsor
Guide Section 900.
1.2.6. Subconsultant will be used for portions of the electrical components within the vault.
1.3. Topographical Surveying (Not required for this project)
1.4. Aeronautical Survey (Not required for this project)
1.5. Geotechnical Investigation (Not required for this project)
1.6. Project Layout Sheet
Consultant shall complete a project layout sheet that will depict the proposed improvements.
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1.7. FAA Pavement Design Report and Form 5100 (Not required for this project)
1.8. Construction Safety and Phasing Plan (CSPP)
Consultant will complete the Construction Safety and Phasing Plan (CSPP), and FAA will
upload CSPP information through FAA’s Obstruction Evaluation / Airport Airspace Analysis
(OE/AAA) website portal. The CSPP will be prepared according to current FAA Guidelines.
1.9. Modification of Airport Design Standards
As needed, the Consultant will prepare a Request for Modification of Federal Construction
Standards if found to be necessary for the project. The Mod to Standard s will discuss
modifications required under the Bid Packages. The Mod to Standards will be submitted to the
Sponsor for acceptance. This document will be forwarded to the FAA for approval along with
final plans, contract documents and specifications.
1.10. Prepare 30% and 90% Plans, Specifications and Cost Estimate
Plans at 30% and at 90% stage will be prepared for the Project. The plan sheets will be limited
to those sheets necessary to carry -out the construction of the proposed project: “Taxiway A
Reconstruction”. The following list of drawings will be used as a guideline. Additional
drawings may be added during the design phase, if required.
General:
G-001 Cover Sheet, Sheet Index & Symbols
G-003 General Notes
G-021 Project Layout Plan
G-061 Project Quantity Tables
G-081 Construction Operations & Phasing Plan
Geotechnical:
N/A
Civil:
General
C-021 Erosion Control Plans
C-031 Erosion Control Details
C-081 Geometrics
C-091 Existing Contours
Site
C-101 Grading & Drainage Plans
C-301 Typical Sections
C-311 Paving Details
C-321 Jointing Plans
Utility
N/A
Storm Sewer
N/A
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Marking
N/A
X-Sections
N/A
Electrical:
E-101 Electrical Removals Plan
E-201 Electrical Layout Plan
E-401 Electrical Vault Layout
E-501 Wiring Diagrams
E-601 Electrical Details
1.10.1. Prepare 30% and 90% Specifications
This work includes preparation of standard and supplemental specifications, necessary
to establish the construction requirements of the project. Standard FAA specifications
will be assembled and reviewed for relevancy to the project. Additional specifications
will be prepared to address work items or materials not covered by FAA specifications.
In addition, supplemental specifications will be included, where deemed necessary. If
included, supplemental specifications shall not revise nor override FAA standard
specifications, unless approved as a Modification to Standards (MOS).
1.10.2. Prepare 30% and 90% Contract Documents
The Consultant will prepare the preliminary contract documents including invitation
for bids, instruction to bidders, proposal, equal employment opportunity clauses,
construction contract agreement, performance bond, payment bond, Federal
Requirements, Preliminary Bid Schedule, Wage Rates, and general provisions.
Preparation will include establishing the location for the bid opening, dates for
advertisement, and description of the work schedule. Preliminary contract documents
will be prepared as early as possible during the design phase and submitted to the
Owner for review by the Owner. Also review and incorporate the Sponsor’s general
provisions and contract clauses, as required.
1.10.3. Prepare 30% and 90% Special Provisions
The Consultant will prepare Spec ial Provisions to address, or expand on, conditions
that require additional clarification.
1.10.4. Conduct 30% and 90% Quality Control Reviews
a. The 30% plan submittal will undergo a QC review prior to submittal to the Sponsor
and FAA.
b. Following the completion of the preliminary plans and specifications, the Engineer
will complete a QC review of the 90% submittal and address all
comments/updates. When the QC review is complete, the Consultant will submit
a 90% set of drawings and specifications to the Sponsor for their review/comment
and the FAA for their review and concurrence with the preliminary design.
1.10.5. Prepare 30% and 90% Engineer’s Design Report
Prepare the 30% and 90% Engineer’s Design Report in accordance with Section 900
of the AIP handbook and the FAA Central Region’s AIP Sponsor Guide and submit to
the FAA for their concurrence.
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1.10.6. Prepare 30% and 90% Cost Estimate and Budget
Calculate estimated preliminary quantities for the various work items. Quantities will
be consistent with the specifications and acceptable quantity calculation practices.
Consultant will then use recent bid prices and industry standards to prepare a 30% and
90% cost estimates. Prepare total project budget using the FAA form “Final Project
Cost Summary” format to determine FAA and Sponsor funds needed.
1.11. Prepare Final Plans and Specifications and Cost Estimate
1.11.1. A final set of plans, specifications and contract documents will be prepared which
incorporates revisions, modifications and corrections determined during the Sponsor’s
review of the 90% submittal.
1.11.2. Prepare Final Cost Estimate and Final Estimated Budget
Using the final quantities calculated following the completion of the plans and
specifications, the Consultant will prepare the construction cost estimate. The estimate
will be based on information obtained from previous projects, contractors, material
suppliers, and other databases available. Prepare final estimated total project budget
using the FAA form “Final Project Cost Summary” format to determine FAA and
Sponsor funds needed.
1.12. Prepare Construction Management Plan (Not required for this project)
1.13. Prepare Disadvantaged Business Plan (DBE ) (Not required for this project)
1.14. Prepare Advertisement for Bids and Bid Documents
Consultant shall prepare, reproduce and distribute a total of 10 sets of bidding documents for
the project. Consultant will submit a copy to the Sponsor for distribution to the local and
selected publications of the pending project. Th e Sponsor shall pay for the associated cost of
advertising. In addition, electronic copies of the bid documents will be made available for
download through the Quest Construction Document Network website (QuestCDN). The
consultant will also keep a current list of plan holders and distribute this to interested parties
upon request. This task includes coordination required to facilitate these requests.
1.15. Respond to Bidders Questions
During the bidding process, the Consultant will be available to clarify bidd ing issues with
contractors and suppliers, and for consultation with the various entities associated with the
project. This item also includes contacting bidders to generate interest in the project.
1.16. Prepare and Distribute Addendums
Consultant shall issue addenda as appropriate to interpret, clarify, or change the bidding
documents as required by the Sponsor or the FAA. Addenda will be made available to the plan
holders either through mail, electronic mail, hand delivering or via facsimile transmission. Any
addenda that are generated as a sole result of the Sponsors error or omission will be considered
as extra services and the Consultant shall be reimbursed for this effort as an amendment to this
contract.
1.17. Bid Opening
The Consultant will attend the bid opening.
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1.18. Bid Review and Bid Tabulation
Consultant shall advise Board as to the acceptability of any subcontractors, suppliers, and other
persons and organizations proposed by the bidders and as to the acceptability of substitute
materials and equipment proposed by bidders. The Consultant shall prepare a spreadsheet that
includes all bid items for the purpose evaluating the lowest bidder. The Consultant shall input
the as-bid unit prices into the spreadsheet and to verify mathematical computations of the bids.
The Consultant will then provide recommendations to the Sponsor as to the name of the
Apparent Low Bidder.
1.19. Prepare Recommendation for Award
The Consultant will prepare a recommendation of award for the Sponsor to accept or reject the
bids as submitted. If rejection is recommended, the Consultant will supply an explanation for
their recommendation and possible alternative actions the Sponsor can pursue to complete the
project. Once the Contract Award is made the Consultant will distribute the bid tabulations on
request of the Sponsor.
1.20. Prepare Grant Application
The Application may be prepared after the project design has been completed and the bids
accepted or the FAA may require the Application to be completed early during the design
phase. Preparation of the Application will include the following:
• Prepare Federal Grant Preapplication Checklist
• SF-424
• Prepare FAA Form 5100 -100 including Program Narrative, discussing the Purpose and
Need of the Work and the Method of Accomplishment
• Sponsor Certification (total of six)
The Consultant will submit the Application to the Sponsor for approval and signatures. After
obtaining the necessary signatures, the Sponsor will forward the signed Application to the FAA
for further processing.
1.21. Environmental Review, CATEX (Not required for this project)
An environmental review is required and was conducted for this project. From the FAA’s Go
Letter dated September 10, 2020 “The FAA determined the proposed project is
environmentally Categorically Excluded (CATEX) per paragraph(s) 5 -6.3b, 5-6g of FAA
Order 1050.1F as it relates to the National Environmental Policy Act (NEPA). No further
environmental documentation for this project is needed.”
1.22. Submittal Schedule
Submittals will include:
• Grant Application
• Meeting Agendas and Minutes
• 30% Plans, Specifications and Cost Estimate
• 90% Plans, Specifications and Cost Estimate
• Final Plans, Specifications and Cost Estimate
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• DBE Plan
• Bid Tabulation and Recommendation of Award
2. CONSTRUCTION ADMINISTRATION
2.1. Pre-Construction Meeting
Consultant will arrange for and conduct the pre -construction meeting. The Project Manager
and the Resident Engineer will establish this meeting to review Local, , Federal Aviation
Administration (FAA) and project specific requirements prior to commencing construction.
The meeting will be conducted at the Airport and wi ll include the Sponsor/Owner, IDOT (if
available), Subconsultants, FAA (if available), Contractor, Subcontractors and utility
companies. This task will include:
• Scheduling the meeting, sending invitations, providing meeting materials and pre -
meeting exhib it and material preparation. Prepare and distribute agenda in advance of
the meeting. Pre-construction meeting agenda items shall follow AC 150/5370 -12B
and the AIP Sponsor Guide Section 1000.
• Obtain and review the project construction schedules from the contractor or contractors
prior to presentation at the preconstruction meeting. The Owner should be provided
copies of all construction schedules.
• Prior to preconstruction meeting, furnish the name of the Project Engineer with
qualifications for approval by the Owner. Project Engineer means Engineer as defined
in Section 10 (Section 10-18) of the General Provisions of the construction documents.
• Preside at the preconstruction meeting, prepare a detailed record of the meeting and
submit to the Owner and all participants.
• Provide Contractor with a list of required submittals to be provided by Contractor and
discussed at the meeting.
Provide Contractor with additional copies of Construction Documents and digital data
(Project Drawings) as requested.
2.2. Initial Construction Layout
(This task will be completed by the Contractor and is not included in this scope of work)
2.3. Prepare Construction Management Plan (QAMP)
(This is not required for this project, and is not included in this scope of work)
2.4. Prepare Contract Manuals
The Consultant is required to check that the construction contracts are in order, verify
Contractor has met DBE goals (or made valid good faith effort), Contractor has provided proof
of insurance, the bonds have been completed, and the Owner, Contrac tor and applicable
Agencies has been provided with adequate copies of the executed Contract Manual to include
the Agreement and all addenda.
The Contract Documents will be updated to include all addenda items issued during bidding as
necessary and adequate copies provided to the Contractor. Clerical will prepare the quantity
sheets, field book, testing sheets, construction report format, etc. for use by the RPR.
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2.5. Construction Management Services
The Consultant will provide Construction Administration Services the scope of which is based
on the following:
• The Consultant and Client agree that construction engineering services furnished shall
be to the extent necessary to determine compliance with plans and specifications,
including necessary general supervision of Resident Project Representative Services
authorized by the Client.
• The Consultant and Client agree that the Construction Engineering Services provided
by the Consultant may actually be required to continue and exceed beyond the
construction time element stated in the Client’s agreement with the construction
Contractor. When the extent of these construction services beyond the control of the
Consultant occurs, the Client agrees that Consultant will be reimbursed for additional
Construction Engineering Services in excess of the specified construction time period
at a mutually acceptable fee negotiated at the time all the pertinent circumstances are
known.
• Nothing herein shall be construed as imposing upon the Consultant’s responsibility for
the construction means, methods, techniques, sequences, safety programs, and
procedures used by contractors.
• The Consultant agrees that Resident Project Representative services furnished under
this Contract shall be to observe the work and to determine compliance with the plans
and specifications, including representing the Client in coo rdination of construction
activities among contractors and between contractors and utilities, and to accommodate
the reasonable requirements of the Client on and around areas of construction.
• When the Consultant is on the site, documentation will be mainta ined regarding
construction progress and delays, quantities and percentages of work, tests performed,
observations made and work accepted, problems encountered and instructions given to
contractors, field changes and adjustments approved, and other records required or
otherwise necessary to maintain a record of the work.
The Consultant agrees to provide Construction Administration Services that include the
following:
2.5.1. Check and monitor construction activities and certify that all project work
completed under observation of the Resident Project Representative is in substantial
compliance with the plans, specifications and contract documents including any
modifications by Change Order or otherwise, that all required tests were performed,
and that such work is recommended for acceptance.
2.5.2. Provide interpretation of plans and specifications as requested.
2.5.3. Supervise and coordinate Subconsultant contracts for field observation and testing.
2.5.4. Review shop drawings and certificates submitted by contractors fo r compliance with
design concepts and Buy American compliance as required by the applicable sections
of the technical specifications.
2.5.5. Review all periodic and final pay requests and explanation of variation between
Contract and final quantities prepared by Resident Project Representative.
Coordinate Contractor approval and signature and submit to Client for approval.
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2.5.6. Review weekly Construction Progress and Inspection Reports (FAA Form 5370 -1) as
prepared by Resident Project Representative and submit to Owner and applicable
Agencies.
2.5.7. Prepare, review and process Field Orders, Change Orders to include a cost estimate,
cost/price analysis, record of negotiations, review and evaluation of “Contractor’s
Request for Extension of Contract Time” and make recommendations regarding
approval to the Client. Notify the Contractor that no work can start until approved by
the Client.
2.5.8. Coordinate and meet with the Client for consultation and advice during construction to
include conducting construction progress meetings. Coordinate with Owner’s
Representative including:
• Review and evaluate “Contractor’s Request for Extension of Contract Time” and
submit recommendations to the Client.
• Meet with the Client for consultation and advice during construction.
2.5.9. Coordinate on-site inspections of construction as requested. Make recommendations
for acceptance or modification of work.
2.5.10. Monitor that all testing required by the specifications is performed. Review and
approve all materials reports prepared by the Resident Project Representative and/or
Subconsultants.
2.5.11. Maintain record drawings from redline or working drawings prepared by Resident
Project Representative as accumulated during the course of construction to show
“Record Drawing” conditions.
2.5.12. Retain and review payroll reports of each contractor and subcontractor and monitor
Contractor’s compliance with paying employees as per established Federal Davis
Bacon requirements.
2.5.13. Monitor Contractor’s compliance with Disadvantaged Business Enterprise (DBE)
program (i.e. determine that the firms on the job are as stated in the plan.
Determine that the volume of work and equipment used complies with the plan.)
Report deviations to the Sponsor.
2.6. Resident Project Representative (RPR)
The Client as part of this agreement authorizes Resident Engineering Services and the
Consultant agrees to pro vide a Resident Project Representative, materials acceptance testing,
and staking services in the execution of the Construction Engineering Services for the project
work. The Client and Consultant agree that the Consultant may employ the Resident Project
Representative on other work during periods of temporary job shutdown when such services
are not required by this project. Normally, the Resident Project Representative will give
intermittent part-time service on this project when construction is in progress to include
temporary interruptions due to weather or mechanical failure.
For this Project Full-Time Resident Project Representative services will be provided. It is
anticipated the Project will be completed within 45 (Forty-Five) Working Days. This will
include 3 (Three) field visits by the Project Manager and a maximum of 360 hours of
construction observation hours by the RPR.
Resident Project Representative Services shall be completed in accordance with the attached
Exhibit I-1, and shall include, but are not limited to, the following:
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2.6.1. Coordinate with the Testing Subconsultant to perform acceptance tests required to be
provided by the Client in the construction Contract Documents.
2.6.2. Coordinate with Contractor regarding schedule, work progress, quality of work, and
notify contractor of equipment and methods which do not comply with the Contract
requirements. The Resident Project Representative shall notify the Client in the vent
that the Contractor elects to continue the use of questioned equipment and methods.
Conduct wage rate interviews and provide to Project Engineer.
2.6.3. Maintain daily records of the Contractor’s progress and activities during the course of
construction, to include progress of all work. These records document work in
progress, quality and quantity of materials delivered, test locations and results,
instructions provided the Contractor, weather, equipment use, labor requirements,
safety problems, and changes required.
2.6.4. Evaluate and discuss potential Field Orders and Change Orders with the Contractor as
necessary.
2.6.5. Evaluate possible material substitutions as requested by the Contractor.
2.6.6. Prepare, process and distribute to Project Engineer weekly Construction Progress and
Inspection Reports (FAA Form 5370-1).
2.6.7. Measure and compute as-built quantities of all materials incorporated in the work and
items of work completed and maintain an item record account.
2.6.8. Prepare periodic Pay Requests for review by the Project Engineer and Contractor.
2.6.9. Monitor the contractor’s compliance with airport operations to include coordination
with airport manager, hangar owners and airport users and with the Construction Safety
Phasing Plan (CSPP).
2.6.10. Attend and participate in construction progress meetings.
2.6.11. Coordinate the necessary construction staking/layout schedule as needed by the
Contractor.
2.6.12. Perform other services as reasonably required by the Client and as outlined in the
Contract Documents.
2.7. Final Inspection and Documentation
2.7.1. Final Inspection
The Consultant will schedule and conduct a final inspection with the Sponsor,
Contractor, and FAA representatives to determine whether the project has reached
substantial completion and the work is in accordance with the plans and specifications.
The Consultant will document items found to be deficient.
2.7.2. Final Punch List
The Consultant will pre pare a punch list correspondence including the deficient items
and will forward this correspondence to the Contractor requiring correction of the items
and request a schedule for completion. The Consultant will send a copy to the Sponsor
and include a copy in the Grant Closeout Report.
2.7.3. Final Construction Certifications (Included as Item 2.11 for this project)
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2.8. As-Built Plans
2.8.1. The project team will collaboratively assemble a set of as-built plans for the project.
The as-built plans will include field constructed conditions included as part of this
Project including any field surveying required to compute final quantities and the
drawings will become record information. The Consultant shall provide Owner with
two (2) sets of reproducible “Record Drawings” in both digital and hardcopy format.
2.9. Prepare Construction Management Report (Not required for this project)
2.10. Update Airport Layout Plan (Not required for this project)
2.11. Project Closeout
Prepare the closeout documentation in accordance with the AIP Sponsor Guide Section 1600.
The CONSULTANT will assist the Sponsor who will endeavor to submit the closeout
document to the FAA within 90 days of final payment to the contractor. Closeout
documentation shall include, but may not be limited to, the following:
a. Sponsor Cover Letter
b. Final Project Cost Summary
c. Final SF-271 Form, Outlay Report and Request for Reimbursement for Construction
Projects
d. Final SF-425 Form, Federal Financial Report
e. Final Construction Report
f. Record Drawings
Assemble documentation for the project closeout report once the project is complete. This will
include gathering all construction documentation, supplemental agreements (if applicabl e),
weekly reports, pay requests, testing result summaries, final certification documentation, and
change orders in preparation for grant closeout. The closeout report elements include a project
summary, final certifications, summary of grant payments, and outlay report. This work
includes preparation of the report, coordination with the Airport, and FAA for review, and
preparation of final documents for Airport approval. The CLIENT will furnish copies of all
administrative costs, as well as paperwork related to previous grant reimbursement (drawdown)
requests.
2.12. Submittal Schedule
Submittals will include:
• Preconstruction Meeting Agenda and Minutes
• Contract Manuals
• Weekly Construction Reports
• Wage Rate Review
• DBE Utilization Review
• Change Orders (as needed)
• As-Built Plans
• Grant Closeout
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I.B. ADDITIONAL SERVICES
Consulting services performed other than those authorized under Section I.A. shall not be considered part
of the Basic Services and may be authorized by the Sponsor as Additional Services. Additional Services
consist of those services, which are not generally considered to be Basic Services; or exceed the
requirements of the Basic Services; or are not definable prior to the commencement of the project; or vary
depending on the technique, procedures or schedule of the project contractor. Additional services may
consist of the following:
1. Additions to the project outside of this scope.
2. Any construction surveying required for the Project.
3. Geotechnical investigation required for the Project.
4. Additional Field Investigation required beyond those specified.
5. Completion of additional special studies not identified in Section I.A..
6. Periodic completion of grant reimbursement requests (i.e. Credit Applications).
7. Attendance of additional meetings beyond those identified in the above scope.
8. All other services not specifically identified in Section I.A.
I.C. CONSIDERATION
The services described above in Section I.A. BASIC SERVICES shall be provided as follows:
TASK 1 – DESIGN AND BIDDING SERVICES $ 55,400.00 (Lump Sum)
TASK 2 – CONSTRUCTION ENGINEERING $ 44,500.00 (Hourly, Not-to-Exceed)
TOTAL AUTHORIZED FEE $ 99,900.00
Funding Layout:
Estimated Federal Share (90%) $ 89,910.00
Estimated Local Share (10%) $ 9,990.00
Progress payments shall be made in accordance with the fee schedule attached and Section III of the Master
Agreement.
I.D. SCHEDULE
The consulting services authorized under Section I.A. will be performed under the following schedule or
as authorized by the CLIENT as the BASIC SERVICES proceed.
TASK SERVICE DESCRIPTION DATE
1 DESIGN AND BIDDING October 2020 – May 2021
2 CONSTRUCTION July – November 2021
Ames Municipal Airport Work Order # 2
BMI Project No. 0T5.122765
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Rwy 1019 Lighting w FAA comments 2a.docx Page 13
I.E. AUTHORIZATION
City of Ames, Iowa Bolton & Menk, Inc.
By: By:
John A. Haila Date
Mayor
Ronald A. Roetzel, P.E. Date
Aviation Services Manager
Attachments:
Exhibit I – Project Fee Breakdown
Exhibit II – Federal Contract Provisions for A/E Agreements
10/16/2020
10/14/2020
RR/CB
Sr. Eng.Sr. Eng.Design Eng.Eng. Tech.Surveyor Planner Admin.
1
1.1 4 8 0 0 0 4 0 16
1.2 12 24 0 0 0 0 0 36
1.3 0 0 0 0 0 0 0 0
1.4 0 0 0 0 0 0 0 0
1.5 0 0 0 0 0 0 0 0
1.6 0 4 8 0 0 8 0 20
1.7 0 0 0 0 0 0 0 0
1.8 0 4 8 0 0 8 0 20
1.9 0 8 16 0 0 0 0 24
1.10 4 40 80 0 0 0 16 140
1.11 4 20 40 0 0 0 8 72
1.12 0 0 0 0 0 0 0 0
1.13 0 0 0 0 0 0 0 0
1.14 0 4 0 0 0 0 4 8
1.15 0 8 0 0 0 0 0 8
1.16 0 4 4 0 0 0 0 8
1.17 0 4 0 0 0 0 0 4
1.18 0 2 4 0 0 0 4 10
1.19 0 2 0 0 0 0 2 4
1.20 0 4 4 0 0 0 16 24
1.21 0 0 0 0 0 0 0 0
24 136 164 0 0 20 50 394
$1,440.00 $6,800.00 $5,740.00 $0.00 $0.00 $800.00 $1,250.00 $16,030.00
$2,891.23 $13,653.04 $11,524.77 $0.00 $0.00 $1,606.24 $2,509.75 $32,185.03
$48,215.03
$7,232.26
$55,447.29
$0.00
$55,447.29
$55,400.00
Sr. Eng.Sr. Eng.Design Eng.Eng. Tech.Surveyor Planner Admin.
2
2.1 4 4 4 0 0 0 0 12
2.2 0 0 0 0 0 0 0 0
2.3 0 0 0 0 0 0 0 0
2.4 0 0 4 0 0 0 8 12
2.5 0 42 0 0 0 0 4 46
2.6
0 3 24 0 1 0 0
4 4 8 4 8 4 4
0 12 192 0 8 0 0 212
2.7 0 8 8 0 0 0 0 16
2.8 0 4 4 0 4 0 0 12
2.9 0 0 0 0 0 0 0 0
2.10 0 0 0 0 0 0 0 0
2.11 0 8 10 0 0 0 8 26
4 78 222 0 12 0 20 336
$240.00 $3,900.00 $7,770.00 $0.00 $456.00 $0.00 $500.00 $12,866.00
$481.87 $7,830.42 $15,600.61 $0.00 $915.56 $0.00 $1,003.90 $25,832.35
$38,698.35
$5,804.75
$44,503.11
$0.00
$44,503.11
$44,500.00
$99,900.00
Subtotal Task 2
Subtotal Task 1
ROUNDED TASK 1:
ROUNDED TASK 2:
Construction Administration
Pre-Construction Meeting
Initial Construction Layout
Prepare Construction Management Plan (QAMP)
Direct Expenses
Overhead
Subtotal Labor Cost
Total Direct Labor Cost
Total Person Hours
Prepare Contract Manuals
Resident Project Representative Services
Project Closeout
Update Airport Layout Plan
Number of Days
Hours Per Day
Total Hours
Final Inspection and Documentation
As-Built Plans
Prepare Construction Management Report
Construction Management Services
Estimated Person Hours Required
Task
Total Direct Labor Cost
Overhead
Subtotal Labor Cost
Prepare Advertisement for Bids and Bid Docs
Bid Review and Bid Tabulation
Prepare Recommendation for Award
Prepare 90% Plans, Specs., and Cost Est.
Prepare Final Plans, Specs., and Cost Est.
Prepare Construction Management Plan
Prepare Disadvantaged Business Plan (DBE)
Construction Safety and Phasing Plan Update (CSPP)
Modification of Airport Design Standards
Aeronautical Survey
Design & Bid Administration
Project Scoping
Topographical Survey
Geotechnical Investigation
DATE:
PROJECT:
CLIENT:
Task Description Totals
PROJECT FEE ESTIMATE
WORK ORDER NO. 2
Task Task Description
Estimated Person Hours Required
Totals
Environmental Review, CATEX
Ames Municipal Airport
Runway 1/19 Airfield Lighting
Total Expenses Task 1
Respond to Bidders Questions
Prepare and Distribute Addendums
Bid Opening
PREPARED BY:
Project Meetings and Coordination
Project Layout Sheet
Prepare Grant Application
Total Person Hours
FAA Design Report and Form 5100
TOTAL PROJECT FEE
Total Expenses Task 2
Fixed Fee x Subtotal Labor Cost
Total Task 2 (Cost Plus a Fixed Fee, NTE)
Direct Expenses
Total Task 1 (Fixed Lump Sum)
Fixed Fee x Subtotal Labor Cost
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Page 1 of 11 Updated November 12, 2019
F EDERAL C ONT R ACT P ROVISIONS FOR A/E A GREEMENTS
A LL RE FERE NCE S M ADE HE REI N TO “C ONTR ACTOR ”, “P RI ME C O NTR ACTOR ”, “B ID DER ”,
“O FFER OR ”, AND “A PPLI C ANT ” SH ALL PERT AI N TO TH E A R CHIT ECT /E NGI NE ER (A/E).
A LL RE FERE NCE S M ADE H E REI N TO “S U BCO NTRACT OR ”, “S UB -TIER C ONTR ACTOR ” OR
“LOWE R T IER C O NTR ACTOR ” SH ALL PERT AI N TO ANY SU BCO N SULT ANT UND ER
C O NTR ACT WIT H TH E A/E .
A LL RE FERE NCE S M ADE H E REI N TO “S PO NSOR ” AND “O W NER ” SH ALL PERT AI N TO THE
ST ATE , C ITY , AIR PORT AU THOR ITY O R OT HER PUBL IC E NTIT Y EXE C UTI NG C O NTR ACT S
W ITH T HE A/E.
ACCESS TO RECORDS AND REPORTS
Reference: 2 CFR § 200.333, 2 CFR § 200.336, and FAA Order 5100.38
The contractor must maintain an acceptable cost accounting system. The contractor agrees to provide the
Sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of
their duly authorized representatives access to any books, documents, papers, and records of the
contractor which are directly pertinent to the specific contract for the purpose of making audit,
examination, excerpts and transcriptions. The contractor agrees to maintain all books, records and reports
required under this contract for a period of not less than three years after final payment is made and all
pending matters are closed.
CIVIL RIGHTS – GENERAL
Reference: 49 USC § 47123
The contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are
promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age,
or disability be excluded from participating in any activity conducted with or benefiting from Federal
assistance.
This provision binds the contractor and sub-tier contractors from the bid solicitation period through the
completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of
1964.
CIVIL RIGHTS – TITLE VI ASSURANCE
Reference: 49 USC § 47123 and FAA Order 1400.11
A) Title VI Solicitation Notice
The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively
ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises
will be afforded full and fair opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in consideration for an award.
EXHIBIT II
Page 2 of 11 Updated November 12, 2019
B) Title VI Clauses for Compliance with Nondiscrimination Requirements
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the “contractor”) agrees as follows:
1) Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the
Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to
time, which are herein incorporated by reference and made a part of this contract.
2) Non-discrimination: The contractor, with regard to the work performed by it during the contract, will
not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and
Authorities, including employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR part 21.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor
or supplier will be notified by the contractor of the contractor’s obligations under this contract and the
Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4) Information and Reports: The contractor will provide all information and reports required by the
Nondiscrimination Acts and Authorities, and directives issued pursuant thereto and will permit access
to its books, records, accounts, other sources of information, and its facilities as may be determined by
the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such
Nondiscrimination Acts and Authorities and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish the information, the
contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will
set forth what efforts it has made to obtain the information.
5) Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non-
discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the
Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the contractor under the contract until the contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6) Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Nondiscrimination Acts and Authorities, and directives issued pursuant thereto. The contractor will
take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by
a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter
into any litigation to protect the interests of the sponsor. In addition, the contractor may request the
United States to enter into the litigation to protect the interests of the United States.
Page 3 of 11 Updated November 12, 2019
C) Title VI List of Pertinent Nondiscrimination Authorities
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the “contractor”) agrees to comply with the following non- discrimination
statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination
on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally-Assisted Programs of The Department of
Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on
the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability
of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include
all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether
such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by
Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health
or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure
that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Page 4 of 11 Updated November 12, 2019
DISADVANTAGED BUSINESS ENTERPRISE
Reference: 49 CFR part 26
Contract Assurance (§ 26.13) - The contractor or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the
contractor to carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy, as the recipient deems appropriate.
Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime
contract for satisfactory performance of its contract no later than thirty (30) calendar days from the receipt
of each payment the prime contractor receives from the Sponsor. The prime contractor agrees further to
return retainage payments to each subcontractor within thirty (30) calendar days after the subcontractor's
work is satisfactorily completed. Any delay or postponement of payment from the above referenced time
frame may occur only for good cause following written approval of the Sponsor. This clause applies to both
DBE and non-DBE subcontractors.
ENERGY CONSERVATION REQUIREMENTS
Reference: 2 CFR § 200, Appendix II (H)
Contractor and each subcontractor agree to comply with mandatory standards and policies relating to
energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (42 U.S.C. 6201 et seq).
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
Reference: 29 USC § 201, et seq.
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of
29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in
full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and
part time workers.
The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The
Consultant must address any claims or disputes that pertain to a referenced requirement directly with the
U.S. Department of Labor – Wage and Hour Division.
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
Reference: 20 CFR part 1910
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements
of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work
environment that is free from recognized hazards that may cause death or serious physical harm to the
employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor’s
compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR
Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement
directly with the U.S. Department of Labor – Occupational Safety and Health Administration.
Page 5 of 11 Updated November 12, 2019
RIGHT TO INVENTIONS
Reference: 2 CFR § 200 Appendix II (F) and 37 CFR §401
Contracts or agreements that include the performance of experimental, developmental, or research work
must provide for the rights of the Federal Government and the Owner in any resulting invention as
established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business
Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by
reference the patent and inventions rights as specified within in the 37 CFR §401.14. Contractor must
include this requirement in all sub-tier contracts involving experimental, developmental or research work.
SEISMIC SAFETY
Reference: 49 CFR part 41
In the performance of design services, the Consultant agrees to furnish a building design and associated
construction specification that conform to a building code standard which provides a level of seismic safety
substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program
(NEHRP). Local building codes that model their building code after the current version of the International
Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design
services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests
conformance of the building design and the construction specifications with the seismic standards of
NEHRP or an equivalent building code.
TAX DELINQUENCY AND FELONCY CONVICTION
Reference: Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L.
113-76) and DOT Order 4200.6
Certification - The applicant represents that it is not a corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative remedies have been exhausted or have
lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability. A tax delinquency is any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting
the tax liability.
Certification - The applicant represents that it is not a corporation that was convicted of a criminal violation
under any Federal law within the preceding 24 months. A felony conviction means a conviction within the
preceding twenty four (24) months of a felony criminal violation under any Federal law and includes
conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a
felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559.
Page 6 of 11 Updated November 12, 2019
TRADE RESTRICTION CERTIFICATION
Reference: 49 USC § 50104 and 49 CFR part 30
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant
contract, the Offeror:
a) is not owned or controlled by one or more citizens of a foreign country included in the list of
countries that discriminate against U.S. firms as published by the Office of the United States Trade
Representative (U.S.T.R.);
b) has not knowingly entered into any contract or subcontract for this project with a person that is a
citizen or national of a foreign country included on the list of countries that discriminate against
U.S. firms as published by the U.S.T.R; and
c) has not entered into any subcontract for any product to be used on the Federal on the project that
is produced in a foreign country included on the list of countries that discriminate against U.S.
firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and
the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution
under Title 18, United States Code, Section 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor
learns that its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The Contractor must require subcontractors provide
immediate written notice to the Contractor if at any time it learns that its certification was erroneous by
reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49
CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
a) who is owned or controlled by one or more citizens or nationals of a foreign country included on
the list of countries that discriminate against U.S. firms published by the U.S.T.R. or
b) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign
country on such U.S.T.R. list or
c) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list;
Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the certification required by this provision. The knowledge and information
of a contractor is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this
provision for certification without modification in in all lower tier subcontracts. The contractor may rely on
the certification of a prospective subcontractor that it is not a firm from a foreign country included on the
list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Offeror has
knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an
award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous
certification, the Federal Aviation Administration may direct through the Owner cancellation of the contract
or subcontract for default at no cost to the Owner or the FAA.
Page 7 of 11 Updated November 12, 2019
VETERAN’S PREFERENCE
Reference: 49 USC § 47112(c)
In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor
and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United
States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans,
Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632)
owned and controlled by disabled veterans. This preference only applies when there are covered veterans
readily available and qualified to perform the work to which the employment relates.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $3,500
DISTRACTED DRIVING
Reference: Executive Order 13513 and DOT Order 3902.10
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving"
(10/1/2009) and DOT Order 3902.10 “Text Messaging While Driving” (12/30/2009), the FAA encourages
recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted
drivers, including policies to ban text messaging while driving when performing work related to a grant or
sub-grant.
In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its
employees and other work personnel that decrease crashes by distracted drivers, including policies that ban
text messaging while driving motor vehicles while performing work activities associated with the project. The
Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 and involve
driving a motor vehicle in performance of work activities associated with the project.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000
TERMINATION OF CONTRACT
Reference: 2 CFR § 200 Appendix II (B)
Termination for Convenience
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and
without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as
explicitly directed by the Owner, the Contractor must immediately discontinue all services affected.
Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models,
drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and
materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed
up through the date the Consultant receives the termination notice. Compensation will not include
anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
Termination by Default
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are
essential to the completion of the work per the terms and conditions of the Agreement. The party initiating
Page 8 of 11 Updated November 12, 2019
the termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written notice of its intent to
terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions
necessary to cure the breach, and the effective date of the termination action. The rights and remedies in
this clause are in addition to any other rights and remedies provided by law or under this agreement.
a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure
of the Consultant to:
1) Perform the services within the time specified in this contract or by Owner approved extension;
2) Make adequate progress so as to endanger satisfactory performance of the Project;
3) Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services
affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must
deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs,
estimates, summaries, and other documents and materials prepared by the Engineer under this contract,
whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed
up through the date the Consultant receives the termination notice. Compensation will not include
anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in default of
the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the
termination for the convenience of the Owner.
b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the
Owner:
1) Defaults on its obligations under this Agreement;
2) Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3) Suspends the Project for more than [180] days due to reasons beyond the control of the
Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant
for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and
Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without
prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement
based upon the Owner’s breach of the contract.
In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive
full payment for all services performed or furnished in accordance with this Agreement and all justified
reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner
agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of
the termination action under this clause.
Page 9 of 11 Updated November 12, 2019
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000
DEBARMENT AND SUSPENSION
Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, and DOT Order 4200.5
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at the time the
bidder or offeror submits its proposal that neither it nor its principals are presently debarred or suspended
by any Federal department or agency from participation in this transaction.
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered
transaction”, must verify each lower tier participant of a “covered transaction” under the project is not
presently debarred or otherwise disqualified from participation in this federally assisted project. The
successful bidder will accomplish this by:
1) Checking the System for Award Management at website: https://www.sam.gov.
2) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension
(Bidder or Offeror), above.
3) Inserting a clause or condition in the covered transaction with the lower tier contract
If the FAA later determines that a lower tier participant failed to tell a higher tier that it was excluded or
disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy,
including suspension and debarment.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
Reference: 2 CFR § 200 Appendix II (E)
1) Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve
the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including
watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than
one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2) Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set forth in
paragraph 1 above.
3) Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from any monies
payable on account of work performed by the contractor or subcontractor under any such contract or any
Page 10 of 11 Updated November 12, 2019
other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to
the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums
as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above.
4) Subcontractors.
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1
through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs 1 through 4 of this section.
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
Reference: 31 U.S.C. § 1352 – Byrd Anti-Lobbying Amendment; 2 CFR part 200, Appendix II (J); and 49 CFR
part 20, Appendix A
The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or
Offeror, to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under
grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
P
Page 11 of 11 Updated November 12, 2019
ROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000
BREACH OF CONTRACT TERMS
Reference: 2 CFR § 200 Appendix II (A)
Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may
result in the suspension or termination of this contract or such other action that may be necessary to
enforce the rights of the parties of this agreement.
The duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise
imposed or available by law.
CLEAN AIR AND WATER POLLUTION CONTROL
Reference: 2 CFR § 200 Appendix II (G)
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the
Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §
1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The
Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal
Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
1
ITEM#: 13
DATE: 11-10-20
COUNCIL ACTION FORM
SUBJECT: AWARD OF CONTRACT FOR CYRIDE MINIBUS PURCHASE
BACKGROUND:
CyRide was awarded discretionary funding for six new minibuses through the State of
Iowa’s FY 2019 Bus and Bus Facilities grant submission. The discretionary award was at
an 85% federal share and the budget for this purchase is as follows:
Funding Source Amount
Total Funds Available $658,200
Local funding for this grant was included in the FY 2021 Capital Improvement Plan,
approved by both the Transit Board of Trustees and the City Council.
The Iowa Department of Transportation (IDOT) completed a statewide invitation for bid
(IFB #OPT2018LDB) for light duty 176” wheelbase buses in spring 2018. Transit agencies
in the State of Iowa can use the resulting contracts to purchase buses, saving
administrative time and money.
The six buses to be replaced are now 10 years old, past the Transit Asset Management
(TAM) plan useful life benchmark of eight years. Replacement of these buses would result
in lowering CyRide’s operating costs, provide a more comfortable ride for our customers,
and move us closer to our TAM performance targets. This purchase will allow CyRide to
replace six of nine buses, or 66% of the minibus fleet, in FY 2020/21
The last minibuses CyRide purchased were built by Glaval. The experience with these
buses has been positive and CyRide believes they are the best value offered on the IDOT
procurement. As a result, CyRide has worked with the Glaval supplier, Hoglund Bus
Company, to determine pricing. The manufacturer has completed preliminary pricing and
the estimated price per bus has been quoted at $100,975 each, for a total cost of
approximately $605,850. This cost does not include additional make-ready items, such
as fareboxes, bike racks, and annunciators, which will be maintained within the project
budget.
CyRide will continue to refine bus specifications until approximately three months before
the vehicles are built; the manufacturer will provide updated pricing once specifications
are finalized. Since vehicle pricing is not finalized until late in the process, CyRide is
requesting approval of award to Hoglund Bus Company of Marshalltown, Iowa at the not-
2
to-exceed grant amount of $658,200. The delivery date of the buses will be approximately
six months from the date the purchase order is issued.
The Transit Board of Trustees approved award to Hoglund Bus Company of
Marshalltown, Iowa during the most recent Transit Board meeting on October 28, 2020.
ALTERNATIVES:
1. Approve award to Hoglund Bus Company of Marshalltown, Iowa, in the not to
exceed amount of $658,200 for the purchase of six new 176” wheelbase
minibuses.
2. Do not approve the contract award for the purchase of new minibuses and direct
staff to proceed according to City Council priorities.
CITY MANAGER’S RECOMMENDED ACTION:
Approval of this contract will allow CyRide to replace six existing buses within its minibus
fleet and help CyRide maintain a state of good repair as required by FTA.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as noted above.
1
ITEM # __14___
DATE: 11-10-20
COUNCIL ACTION FORM
SUBJECT: STREET SWEEPER – FLEET REPLACEMENT PROGRAM
BACKGROUND:
The City has a street sweeper operated by the Public Works Operations Division to
clean streets throughout the City. Street cleaning removes trash and debris and
prevents them from entering the stormwater system, thereby meeting the requirements
of the City’s stormwater permit. The current street sweeper is due for replacement with
a new unit. Bids for a complete street sweeper were received as follows:
Evaluation of the bids has determined the net low bid is from Elliott Equipment Co. of
Grimes, IA. Elliott’s bid for the Peterbilt/Schwarze street sweeper is acceptable and
meets the bid specifications. Accepting the trade-in allowance of $85,000 brings the net
cost for the street sweeper to $202,750.00.
Funding is available for this purchase as follows:
Existing Unit Escrow $219,164.00 (as of 9/30/20)
Escrow to be collected until new unit delivery $ 13,257.00 (by 12/31/20)
Available funding $232,421.00
ALTERNATIVES:
1. Award a contract to Elliott Equipment Co. of Grimes, IA as the net low bidder for
the purchase of one Peterbilt chassis with Schwarze street sweeper and accept
the $85,000 trade-in allowance for a total of $202,750.00.
2. Award a contract to the other bidder.
3. Reject the bids.
Bid
# Vendor Chassis and Sweeper
Make/Model
Model
Year Bid Less Trade-in
Allowance Net Bid
1
Elliott
Equipment Co.
Grimes, Iowa
Peterbilt 220 Chassis 2020
$287,750.00 -$85,000.00 $202,750.00 Schwarze Hypervac
Sweeper 2020
2 Peterbilt of Des
Moines
Peterbilt 220 Chassis 2021
$283,206.00 -$50,000.00 $233,206.00 Johnson VT652 2021
2
CITY MANAGER’S RECOMMENDED ACTION:
Staff from Fleet Services and Public Works have thoroughly evaluated these bids and
agree that purchasing the Peterbilt chassis and Schwarze street sweeper will meet the
established service requirements at a reasonable cost.
Therefore, it is the recommendation of the City Manager that the City Council approve
Alternative #1, as described above.
1
ITEM # ___15__
DATE 11-10-20
COUNCIL ACTION FORM
SUBJECT: DEACCESSION OF “RESONANCE” FROM PUBLIC ART INVENTORY
BACKGROUND:
The City Council has adopted an artwork deaccession policy to provide guidance
regarding when pieces of artwork are no longer suitable for public display.
On October 7, 2020, the Public Art Commission approved a recommendation to
deaccession “Resonance,” by Tim Adams. This work was installed in Tom Evans Plaza
in 2016. In spring 2020, the work was removed to place another sculpture in that
location. While being removed, Resonance broke apart beyond repair. The remnants of
the work have been disposed of.
ALTERNATIVES:
1. Approve deaccession of “Resonance” as recommended by the Public Art
Commission.
2. Do not approve the deaccession of “Resonance.”
CITY MANAGER’S RECOMMENDED ACTION:
This work was susceptible to wear and tear from interaction with the public. While being
moved, the sculpture broke apart beyond repair.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as described above.
2
Ames Public Arts Commission
Request for Deaccession
Item Identification Number: 131-1516
Name: Resonance
Location: Tom Evans Plaza
Year acquired: 2016
Material: Cedar, Steel, Titanium
Justification: This work is interactive and has had damage to the chimes and harp strings over
the years. In spring 2020, the sculpture broke apart while being moved. The damage was
extensive and the sculpture could not be repaired.
Recommendation:
The Public Arts Commission recommends removal of “Resonance” from the Public Art Inventory
APPROVED for deaccession: October 7, 2020 by the Public Arts Commission
Smart Choice
Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811
Engineering 515.239.5404 fa Ames, IA 50010
www.CityofAmes.org
Public Works Department
515 Clark Avenue, Ames, Iowa 50010
Phone 515‐239‐5160 Fax 515‐239‐5404
November 4, 2020
Honorable Mayor and Council Members
City of Ames
Ames, Iowa 50010
RE: Kingsbury 4th Addition Financial Security Reduction #1
Mayor and Council Members:
I hereby certify that the water main and sanitary sewer main required as a condition for approval
of the final plat of Kingsbury 4th Addition have been completed in an acceptable manner by
Ames Trenching. The above‐mentioned improvements have been inspected by the Engineering
Division of the Public Works Department of the City of Ames, Iowa, and found to meet City
specifications and standards.
As a result of this certification, it is recommended that the financial security for public
improvements on file with the City for this subdivision be partially released to an amount of
$26,515 ($17,315 for Lot 1 and $9,200 for Lot 2). The remaining work covered by this financial
security includes sidewalks, pedestrian ramps including detectable warning panels, COSESCO
(erosion control), and street lights.
Sincerely,
John C. Joiner, P.E.
Director
JJ/tp
cc: Finance, Planning & Housing, Subdivision file
Item No. 16
Kingsbury 4th Addition
November 4, 2020
Page 2
Item Quantity Unit
Sanitary Sewer Connection 1 EA
Sanitary Sewer Manhole, SW‐301, 48" 1 EA
Sanitary Sewer Gravity Main, Trenched, 8" 152 LF
Water Main, Trenched, 8" 154 LF
Water Valve, 8" 1 EA
Water Main Connection 1 EA
Fire Hydrant Assembly 1 EA
Smart Choice
Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811
Engineering 515.239.5404 fa Ames, IA 50010
www.CityofAmes.org
Public Works Department
515 Clark Avenue, Ames, Iowa 50010
Phone 515‐239‐5160 Fax 515‐239‐5404
November 4, 2020
Honorable Mayor and Council Members
City of Ames
Ames, Iowa 50010
RE: Wheelock Corner Subdivision Financial Security Reduction #1
Mayor and Council Members:
I hereby certify that the water main, sanitary sewer main, storm sewer, and pavement required
as a condition for approval of the final plat of Wheelock Corner Subdivision have been
completed in an acceptable manner by various contractors. The above‐mentioned
improvements have been inspected by the Engineering Division of the Public Works Department
of the City of Ames, Iowa, and found to meet City specifications and standards.
As a result of this certification, it is recommended that the financial security for public
improvements on file with the City for this subdivision be set at $96,163.50. The remaining work
covered by this financial security includes pedestrian ramps, fixing some curb & gutter, COSESCO
(erosion control), and street lights.
Sincerely,
John C. Joiner, P.E.
Director
JJ/tp
cc: Finance, Planning & Housing, Subdivision file
Item No. 17
Wheelock Corner Subdivision
November 4, 2020
Page 2
Item Quantity Unit
Subgrade Preparation, 12" 3,510 SY
Pavement, HMA Base, 7" 2,395 SY
Pavement, HMA Surface, 2" 2,395 SY
Pavement, PCC, 8" 256 SY
Saw Cut PCC Pavement, Full Depth 171 LF
Pavement Removal 199 SY
Storm Sewer, Trenched, RCP Class III, 15" 62 LF
Storm Sewer, Trenched, RCP Class III, 18" 31 LF
Storm Sewer, Trenched, RCP Class III, 24" 722 LF
Storm Manhole, SW‐401, 48" 1 EA
Single Grate Intake, SW‐501 5 EA
Single Grate Intake with Manhole, SW‐503 4 EA
Double Open Throat Curb Intake, Small Box, SW‐509 1 EA
Water Main, Trenchless, PVC, 8" 50 LF
Water Main, Trenched, 8" 1,001 LF
Water Connection to Existing Main 1 EA
Fitting, MJ Bend, 8" 19 EA
Fitting, MJ Tee, 8" 3 EA
Sleeve, MJ, 8" 1 EA
Cap, MJ, 8" 3 EA
Valve, MJ Gate, 8" 10 EA
Fire Hydrant Assembly 5 EA
Sanitary Sewer Gravity Main, Trenched, 8" 526 LF
Sanitary Manhole, SW‐301, 48" 3 EA
Smart Choice
515.239.5101 main
5.239.5142 fax
15 Clark Ave.
w.CityofAmes.org
MEMO
To: Mayor and Ames City Council
From: Steven L. Schainker, City Manager
Date: November 6, 2020
Subject: Policing in Ames – A Path Forward
As you recall, I presented my report entitled “Policing In Ames, A Path
Forward” to the City Council on September 29, 2020. The report contains
twenty-one recommendations to address the concerns reflected in the
emails that you received regarding the issue of improving our policing
efforts. Rather than make any final decisions regarding these
recommendations at that meeting, you decided to provide our citizens with
sufficient time to review the proposals and offer additional feedback, if
desired. I believe you have received a few written comments during this
interim period regarding this report in addition to the public comments
presented on September 29th. Now that more than a month has passed
since the report was made public, I am placing this matter on the
November 10, 2020 Council meeting agenda so that you can provide
direction regarding the my recommendations.
I believe one suggestion that I received during my conversation with
Ahmed Ismail who represents the local chapter of Black Lives Matter is
worthy of your consideration. He suggested that a committee representing
the “marginalize” groups in Ames be established for a short period of time
to help identify techniques for us to use to assure better communication
with these groups regarding City issues, not just policing issues. We could
add this to the Communication category of the report to create a focus
group to accomplish this task. It would be compatible with our work with
the Community and Regional Planning students.
Item No. 18
Once Council direction is given, I will develop an implementation plan with
execution dates. It is more important to take our time and get them right
than rush to implement all of the changes at one time.
Equally important is the need to publicize the status of the implementation
plan periodically in order for our citizens to have confidence that we are
following through with our promised improvements. I intend to take
advantage of an offer from the local chapter of the NAACP to help with the
public outreach needed to accomplish this task.
1
POLICING IN AMES - A PATH FORWARD
September 29, 2020
BACKGROUND:
As in other cities throughout the country, after the death of George Floyd while in police
custody, the City Council began receiving an extraordinary amount of feedback regarding
the manner in which our law enforcement and criminal justice systems are being
operated. This input has included questions about policing philosophy and operations as
well as suggestions/recommendations/demands to modify how the Ames Police
Department functions in those areas.
Rather than respond individually to this input over time, the City Council requested that
the City Manager compile all the correspondence received, consolidate this information
into common themes, and provide recommendations regarding how to address each
theme. The following is a list of the common themes:
THEME PAGES
I. Organizational Culture 2-3
II. Police Officer Recruitment and Selection Process 4-7
III. Police Officer Training/Education 8-10
IV. Departmental Policies 11-23
V. City Ordinances and State Law 24-27
VI. Transparency 28-29
VII. Accountability in Complaint Handling and Discipline 30-37
VIII. Communication 38-39
IX. Funding 40-42
This report is structured to deal with each theme separately, highlighting: 1) What has
been suggested, 2) What the City is currently doing in regard to each theme, and 3) the
City Manager’s recommendations to address each theme.
The recommendations reflected in this report were influenced by the following sources:
• Community member suggestions
• Police Department staff suggestions
• Peer department activities and services
• Guidance from the President’s Task Force on 21st Century Policing
2
THEME I – ORGANIZATIONAL CULTURE
Many individuals who provided input wanted to ensure that there is not a culture of racial
bias embedded in the Ames Police Department.
WHAT ARE WE CURRENTLY DOING?
An organizational culture is defined by the person that leads the organization. Over the
past decades the City Manager has created a values-driven culture for all departments in
the City of Ames which is known as Excellence Through People (ETP).
The two goals of this organizational initiative are to: 1) Provide exceptional service at the
best price to all of our customers (visitors, residents, business owners), and 2) Provide
an enjoyable and stimulating work environment for all those who work for the City of
Ames.
In order to accomplish these two goals, it is expected that every employee must bring
each of the following values to life every day.
• Continuous Improvement
• Creativity and Innovation
• Customer Driven
• Data Driven
• Employee Involvement
• Excellence
• Fiscal Stewardship
• Honesty and Integrity
• Leadership
• Positive Attitude
• Respect For One Another
• Safety and Wellness
• Teamwork
To achieve the over-arching goals of ETP, it is essential to ensure that systems are in
place to reinforce these values. Therefore, the City’s initial hiring/selection process,
promotional decisions, disciplinary determinations, and pay increases for the non-union
employees are tied to whether or not an employee’s behavior reflects these values. Each
department head, including the Chief of Police, must make sure their employees live the
thirteen values each day.
In addition, the City Manager has established two advisory groups: 1) a Community
Advisory Committee composed of residents from groups that are traditionally under-
represented in the community that provides input regarding how the City organization is
3
doing in delivering services to these groups of citizens, and 2) a Diversity and Inclusion
team made up of City of Ames employees that provides input regarding internal policies
and practices that might negatively impact the workforce.
CITY MANAGER’S RECOMMENDATIONS:
The City Manager understands that the City of Ames is not perfect and believes that if
there are isolated experiences of inappropriate behavior, they are not the result of a
culture of bias embedded within the City or Police Department specifically.
While it can be argued that the existing thirteen ETP values are geared to promoting
diversity, equity, and inclusion, these words have not been identified as separate values.
RECOMMENDATION #1:
The values that drive our Excellence Through People initiative will be revised to
include the new values of Diversity, Equity, and Inclusion. As with the other ETP
organizational values, all City staff members will be expected to conduct their work in a
manner that upholds these values. Support of these values will be used to evaluate
candidates for entry-level and promotional positions with the City. In addition, annual
employee performance appraisals will provide an ongoing assessment of how employees
are doing in bringing these values to life in their work.
RECOMMENDATION #2:
The City Manager will be recommending during the next budget cycle (FY 2021/22)
that a new full-time position of Diversity, Equity, and Inclusion Coordinator be
created. This new position will assist with the training of employees, recruitment of
employees, and review of personnel policies to help assure that all departments within
the City organization, including the Police Department, support the values of diversity,
equity, and inclusion. In addition, this person will provide the staff assistance that will
allow the Ames Human Relations Commission to initiate a more pro-active program of
work to fulfill its responsibilities within the community.
4
THEME II – POLICE OFFICER RECRUITMENT AND
SELECTION PROCESS
The major emphasis expressed under this theme is the need to have a process in place
so applicants for an Ames Police Officer position are thoroughly vetted to ensure they do
not have a history of abuse, racism, xenophobia, homophobia, transphobia, or
discrimination. Some have suggested a periodic follow-up throughout the career of an
officer to assure that no discriminatory attitudes have developed.
WHAT ARE WE CURRENTLY DOING?
State Requirements:
Candidates for the position of Police Officer must meet all state requirements for
acceptance into the Iowa Law Enforcement Academy (ILEA) and certification as a Peace
Officer in the state of Iowa. These state requirements include:
• U.S. citizenship and status as a resident of Iowa or intent to become a resident
upon being employed
• 18 years of age at the time of appointment
• Hold a valid Iowa driver's license
• Not be addicted to drugs or alcohol
• Be of good moral character as determined by a thorough background investigation
including a fingerprint search conducted of local, state and national fingerprint files
and have not been convicted of a felony or a crime involving moral turpitude
• Successfully pass physical fitness tests
• Not be opposed to use of force to fulfill duties
• Be a high school graduate or hold a GED certificate
• Have uncorrected vision of not less than 20/100 in both eyes, corrected to 20/20,
and color vision consistent with the occupational demands of law enforcement
• Have normal hearing in each ear (hearing aids are acceptable if a candidate can
demonstrate sufficient hearing proficiency to perform all necessary duties of a law
enforcement officer)
• Be examined by a physician and meet the physical requirements necessary to fulfill
the responsibilities of a law enforcement officer
• Undergo psychological testing
• Undergo cognitive (Basic Skills) testing
In addition to these minimum state requirements, Ames Police Officers are required to
possess a high school diploma (or have completed the HiSET/GED), plus have completed
60 semester-hours or 90 quarter-hours at an accredited college or university in diversified
academic subjects.
5
Recruitment Process:
Police Officers are civil service employees under Iowa law (Iowa Code Chapter 400). Civil
Service is a system of laws and regulations designed to ensure that City jobs are filled
based on merit. Civil Service examinations are administered to determine basic
qualifications of applicants for each Civil Service position, and the examinations are
developed in line with the knowledge, skills, and abilities required for the particular
position.
Recruitment of Police Officers for the City of Ames is a centralized process managed
through the City’s Human Resources Department. At the conclusion of the recruitment
process, candidates who have achieved a score of 70 or higher on the Civil Service test
for that position are placed on a Civil Service list. Up to forty names may be placed on the
list for each recruitment. The list is then certified by the Civil Service Commission and is
used to fill any vacancies that may arise in that job for a period of one year. There are
procedures to extend the duration of the list and/or initiate a new list, if necessary.
Candidates are not required to be offered employment based on their position on the list.
Any candidate achieving minimum score of 70 is considered eligible for selection.
However, the employment offer is made contingent upon successfully completing
additional post-offer testing components (e.g., physical exam, psychological exam,
background investigation, etc.). Candidates are removed from eligibility if they decline an
offer of employment, withdraw voluntarily, or fail to successfully complete post-offer
testing.
Recruiting for Police Officers includes posting announcements on the City’s social media
accounts, GovernmentJobs.com, National Minority Update, National Black Police Officer
Association, National Asian Peace Officer Association, National Organization of Black
Women in Law Enforcement, Iowa Association of Women Police, DiversityJobs, and the
Iowa State Daily.
In addition, Police Officer job announcements are submitted through the career services
offices at the following universities: Iowa State University (CyHire), Simpson College,
University of Northern Iowa, Des Moines Area Community College, Kirkwood Community
College, North Iowa Community College, Iowa Central Community College, Hawkeye
Community College, Creighton University, Drake University, University of Iowa, University
of Wisconsin, Kansas State University, South Dakota State University, University of
Missouri, and University of Illinois.
If the City is not actively accepting job applications for the position, prospective job
candidates may submit a job interest card. This allows the prospective candidates to be
contacted when a recruitment announcement has been posted. At that time, they may
then complete an application and compete for the position.
In order to assist candidates in preparing for the testing, the Ames Police Department has
taken the extra step of offering test preparation assistance. This is intended to expand
6
the pool of applicants and reduce barriers to non-traditional police applicants. The
preparation has ranged from a one-time overview to a more in-depth physical training and
overview program offered with the assistance of the Ames Parks and Recreation
Department.
Screening and Selection:
During a recruitment, candidates are initially screened based on the minimum
requirements for the position (education, citizenship, etc.). Candidates complete a
standardized physical fitness test and are required to obtain a passing score on the state-
required Police Officer Selection Test. Candidates who successfully complete these
screening components are invited to an oral board interview with reviewers from the
Police Department, Human Resources, and other City departments.
During the interview that forms the civil service score (which qualifies candidates to the
civil service list and makes them eligible for hire), questions focus on the candidates’
maturity, service ethic, and integrity.
Finalists from this list are then selected to interview with a panel of police command staff.
Candidates respond to questions about their philosophy of policing, experience with
diverse communities, integrity, and values. Staff’s philosophy is to interview for character
and values knowing that policing skills are easier to teach than core values. Following this
step, a candidate who embraces the ETP values may receive a conditional offer of
employment, which allows for more detailed evaluation and testing to take place.
Candidates who receive a conditional offer of employment complete a background
interview as a basis for a background investigation. The background investigation
typically takes 4-6 weeks as a detective interviews friends, family, and acquaintances.
Interviews are also conducted with teachers, former employers, landlords, neighbors, and
college roommates about attitudes and experiences. Detectives strive to conduct these
interviews in-person whenever possible to better assess credibility of these statements
and understand the candidate.
Candidates’ credit reports and online activity in social media accounts and other postings
are examined. Throughout all sources, the investigators look for integrity, fairness,
compassion, and a service ethic suitable to the profession. Investigators also look for
bias, extremism, and other attitudes or history that conflict with the values of the
City. For those who have worked in another police department, investigators
examine that work history very carefully to ensure the candidate has not displayed
problematic behavior somewhere else.
Those candidates who have a satisfactory background complete a polygraph
examination. The polygraph focuses primarily on honesty and integrity, verifying that what
has been learned about the candidate is accurate and that the candidate is not concealing
misconduct or disqualifying behaviors, attitudes, bias, or beliefs.
7
If the candidate advances after the polygraph, the next step is typically psychological
evaluation and an interview with a psychologist. The candidates complete the Minnesota
Multiphasic Personality Inventory (MMPI), which is an evaluation required by the state of
Iowa. The psychologist reviews the responses the candidate provided on the MMPI and
information obtained from the background investigation in preparation for a clinical
interview of the candidate. In the clinical interview, the psychologist evaluates the
candidate for evidence of bias, immaturity, emotional instability, propensity to
violence, and other factors that would exclude the candidate from law enforcement.
This psychological evaluation is also used to determine whether the candidate is well
suited to law enforcement in the Ames community specifically. The psychologist has the
City of Ames Police Officer job description and a statement of the organizational values
to assist in evaluating the suitability of candidates. While this is more subjective on the
part of the psychologist, it is still an important step to ensure that candidates are suited to
the dynamic and diverse community that officers serve.
Passing these steps leads to a medical exam, which utilizes state standards related to
hearing, vision, and overall ability to do the job. Once passed, the candidate then
becomes employed by the City.
CITY MANAGER’S RECOMMENDATION:
RECOMMENDATION #3:
Realizing that all individuals have some form of implicit bias, the Human Resources
staff will explore additional validated evaluation tools to use in the Police Officer
selection process to help predict whether candidates have a propensity to
inappropriately act upon bias.
8
THEME III – OFFICER TRAINING/EDUCATION
It is important to many who provided input that Police Officers who are hired receive
training in the following topics: de-escalation of altercations, medical assistance,
systematic racism, the historic role of police in maintaining oppressive social structures,
implicit bias, and cultural competency.
Over the years, the Police Department has understood the importance of utilizing training
opportunities to make sure officers understand themselves and their own biases and the
diversity and cultures of residents officers serve. Through training, officers are given
specific skills so they can appropriately interact with these residents. Examples of the
training that has been offered over the years include the following:
Training Related to City Values:
The Excellence Through People (ETP) organizational values are outlined on the City’s
website and are incorporated as expectations in the job description of every employee.
Upon hire, new employees receive a copy of the job description listing these expectations
and are also provided with a copy of the Personnel Policies and Procedures manual,
which outlines the requirements to comply with all adopted policies.
All new employees in the City of Ames, including Police Officers, attend a three-day New
Employee Onboarding (NEO) program. Among other information provided to new
employees, this program includes a review of the ETP organizational values and goals,
as well as presentations regarding respect, rights, and responsibility, ethics, open
meetings and open records. These trainings reinforce the expectation of providing
exceptional customer service to the community.
New employees also meet in small groups with the City Manager within the first few
months of starting work. In these discussions, employees review the principles of ETP in
greater depth and consider specific examples of how the values apply to their roles in the
organization.
Police Department-Specific Training:
The Police Department conducts training regarding a variety of topics. Some of these
training topics are addressed annually as required subjects. Others are provided for
officers at the Iowa Law Enforcement Academy (ILEA) as part of the basic certification
course.
Officers who attend ILEA for their basic training receive 10 hours of bias/diversity training
and 8 hours of de-escalation training. In addition, these topics are woven into the other
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training components such as the firearms program, defensive tactics, criminal law, and
investigation of criminal activity.
Separately from academy training, some examples of department-wide training
conducted by the Ames Police Department include:
• Cultural Diversity
o Cultural Competency
o Culture of New Immigrants
• Special Populations
• Fair and Impartial Policing
• Communications/De-Escalation
• De-Escalation/“Verbal Judo”
• Procedural Justice
• Implicit Bias
• Understanding Class in Law Enforcement
• Mental Health First Aid
The Ames Police Department also has certified trainers on staff in the following related
areas:
• Fair and Impartial Policing
• Procedural Justice
• Implicit Bias
• Mental Health First Aid
• De-escalation (beginning November 2020)
Various Police Department supervisors have received advanced training in specialized
topics such as: Cultural Diversity/Racial Profiling; Beyond Cultural Sensitivity; Law
Enforcement and the Transgender Community; FBI Joint Hate Crimes Training; Iowa
Summit for Justice and Disparities; Community Lives Matter: Candid Discussion and
Solutions for Unifying Cops and Communities; our local Symposium on Building Inclusive
Organizations, and various other community conversations and diversity roundtables. As
supervisors complete these trainings, they share this knowledge with others in the
department.
In the past several years, the staff in the Emergency Communications Center (911
Center) has received training regarding “bias by proxy.” This training encourages the
dispatchers to ask more questions of a caller who is reporting activity that is not unlawful,
but appears to have a racial undertone. This assists in determining whether or not a police
response is warranted for the call.
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CITY MANAGER’S RECOMMENDATIONS:
RECOMMENDATION #4:
Work with the Human Resources Department to develop a more formalized training
curriculum for officers regarding diversity and bias topics.
RECOMMENDATION #5:
The City Manager will be recommending in the next budget cycle converting a
vacant, authorized Police Officer position into an administrative sergeant position.
This position will manage departmental training needs, statistical reporting and
transparency, and supervision of new officers during the onboarding and Academy
processes, in addition to other duties.
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THEME IV – DEPARTMENTAL POLICIES
A number of emails received by the City Council have called for the following specific
policies to be adopted by the Ames Police Department:
1. Ban chokeholds/strangleholds/hog-tying methods, and/or neck restraints in all
cases.
2. Require officers to de-escalate situations when possible, eliminating or reducing
the need to use force. Establish a force continuum that restricts the most severe
types of force. Require officers to exhaust all other alternatives, including non-force
and other less-lethal force options prior to resorting to deadly force.
3. Require officers to give a verbal warning before shooting
4. Ban shooting at moving vehicles
5. Require officers to report each time they use force or threaten to use force against
civilians.
6. Ban transporting civilians in an “uncomfortable positions”, such as face down in a
vehicle.
7. Ban the use of tear gas.
8. Require officers to have body cameras on.
9. Require officers to properly subdue a person that is already handcuffed.
10. Require officers after using force to perform the necessary medical care and call
the paramedics for support.
Most of these specific requests align with the “8 Can’t Wait” campaign. In most
instances, policies already exist that address these areas.
The Police Department contracts with Lexipol, a nationally recognized policy advisory
firm, to monitor best practices, legislation, and case law. Lexipol assists in ensuring that
the Department’s policies are comprehensive and up-to-date. In addition to receiving
advice from Lexipol and its staff attorneys, the Department receives advice regarding
policies from the Story County Attorney, the Iowa Attorney General, the Ames City
Attorney, and attorneys and staff associated with the Iowa Community Assurance Pool.
As policies are adopted, they are assembled into the Ames Police Department Law
Enforcement Services Manual, which is distributed to Police Officers and available on the
City’s website. Officers receive copies of revised policies and are required to review them
and acknowledge that they have read and understand them. Daily training bulletins are
provided to assess the officers’ understanding of the policies and how they apply to
example situations.
Police Command Staff is involved in the International Association of Chiefs of Police and
the Police Executive Research Forum (PERF). Both groups are dedicated to the
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improvement of policing. PERF specifically invests in developing and disseminating best
practices with a core emphasis on community policing and problem solving. As new
community problems arise, Police staff use these resources to identify potential solutions
to implement in Ames.
The use of force is a rare occurrence by Ames Police Officers. “Force” includes a variety
of potential actions, ranging from an officer taking hold of an individual, the use of
chemical agents, use of striking instruments, Taser display, Taser deployment, firearm
display, and firearm discharge. In 2019, there were a total of 117 reports of use of force
by Ames officers. There were 31,629 calls for service and 1,872 arrests in 2019.
Force was used in 117 of these 31,629 calls for service (0.37%), including 70 of the 1,872
arrests (3.7%). Eighty-two of the 117 use-of-force reports ranged from grabbing the
individual to taking them to the ground. There were no incidents in 2019 where officers
deployed chemical spray or used a striking instrument such as a baton. A Taser was
deployed nine times; in four other incidents, the Taser was displayed but not deployed.
Officers displayed a firearm in 22 incidents with no shots fired.
REQUESTED POLICY: Ban chokeholds/strangleholds/hog-tying methods, and/or neck
restraints in all cases:
Policy 300.4 speaks directly to use of deadly force and chokeholds. While the
current policy does not absolutely ban the use of chokeholds, it does limit the use
only to situations where deadly force is authorized. In summer 2020, the Iowa
Legislature changed Iowa law to treat chokeholds like other deadly force
situations. Paragraph C of the Ames Police Department’s Deadly Force Policy now
mirrors the recently passed state law, which is found in Iowa Code 804.8.
Prior to these changes, chokeholds were not expressly forbidden by department
policy, and therefore it would not have been prohibited to use a chokehold to
restrain a combative person.
300.4 DEADLY FORCE APPLICATIONS
When reasonable, the officer shall, prior to the use of deadly force, make efforts to
identify him/herself as a peace officer and to warn that deadly force may be used, unless
the officer has objectively reasonable grounds to believe the person is aware of those
facts.
Use of deadly force is justified in the following circumstances involving imminent threat
or imminent risk:
a. An officer may use deadly force to protect him/herself or others from what he/she
reasonably believes is an imminent threat of death or serious bodily injury.
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probable cause to believe that the individual has committed, or intends to commit,
a felony involving the infliction or threatened infliction of serious bodily injury or
death, and the officer reasonably believes that there is an imminent risk of serious
bodily injury or death to any other person if the individual is not immediately
apprehended. Under such circumstances, a verbal warning should precede the
use of deadly force, where feasible.
c. The use of deadly force or chokeholds are only justified when a person cannot
be captured in any other way and either of the following apply:
1. The person has used or threatened to use deadly force in committing a
felony.
2. The police officer reasonably believes the person would use deadly force
against any person unless immediately apprehended.
For purposes of this policy, "chokehold" means the intentional and prolonged application
of force to the throat or windpipe that prevents or hinders breathing or reduces the intake
of air. (Iowa Code § 804.8).
Imminent does not mean immediate or instantaneous. An imminent danger may exist
even if the suspect is not at that very moment pointing a weapon at someone. For
example, an imminent danger may exist if an officer reasonably believes that the
individual has a weapon or is attempting to access one and intends to use it against the
officer or another person. An imminent danger may also exist if the individual is capable
of causing serious bodily injury or death without a weapon, and the officer believes the
individual intends to do so.
REQUESTED POLICY: Require officers to de-escalate situations when possible,
eliminating or reducing the need to use force. Establish a force continuum that restricts
the most severe types of force. Require officers to exhaust all other alternatives, including
non-force and other less-lethal force options prior to resorting to deadly force.
There are several policies that address the above statements. The Ames Police
Department utilizes the concept of “force options” as opposed to a “force
continuum.” A “continuum” implies that an officer must move through a set of
options in a systematic way, whereas “options” require the officer to evaluate the
resistance and use the option that best fits the situation at hand, including using
no force.
For example, if an officer arrives at a call and is immediately met with gunfire
(deadly force), it is not practical to expect the officer to proceed through a series
of escalating force levels prior to returning fire. However, officers are trained to use
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the least amount of force to gain control and compliance. Policies 300.2 and 300.3
address some of these concerns.
300.3.5 ALTERNATIVE TACTICS - DE-ESCALATION
When circumstances reasonably permit, officers should use non-violent strategies and
techniques to decrease the intensity of a situation, improve decision-making, improve
summoning additional resources, formulating a plan, attempting verbal persuasion).
300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE
When determining whether to apply force and evaluating whether an officer has used
reasonable force, a number of factors should be taken into consideration, as time and
circumstances permit. These factors include but are not limited to:
a. Immediacy and severity of the threat to officers or others.
b. The conduct of the individual being confronted, as reasonably perceived by the
officer at the time.
c. Officer/subject factors (e.g., age, size, relative strength, skill level, injuries
sustained, level of exhaustion or fatigue, the number of officers available vs.
subjects).
d. The effects of suspected drug or alcohol use.
e. The individual’s mental state or capacity.
f. The individual’s ability to understand and comply with officer commands.
g. Proximity of weapons or dangerous improvised devices.
h. The degree to which the individual has been effectively restrained and his/her
ability to resist despite being restrained.
i. The availability of other reasonable and feasible options and their possible
effectiveness.
j. Seriousness of the suspected offense or reason for contact with the individual.
k. Training and experience of the officer.
l. Potential for injury to officers, suspects, and others.
m. Whether the individual appears to be resisting, attempting to evade arrest by
flight, or is attacking the officer.
n. The risk and reasonably foreseeable consequences of escape.
o. The apparent need for immediate control of the individual or a prompt
resolution of the situation.
p. Whether the conduct of the individual being confronted no longer reasonably
appears to pose an imminent threat to the officer or others.
q. Prior contacts with the individual or awareness of any propensity for violence.
r. Any other exigent circumstances.
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REQUESTED POLICY: Require officers to give a verbal warning before shooting
Policy 306.7.3 addresses warnings, including both warning shots and verbal
warnings. Warning shots are inherently dangerous due to the risk of accidental
injury or death to bystanders, and therefore are prohibited by policy and state law.
The firing of warning shots is prohibited. Verbal warning should be utilized whenever
possible unless the utterance would compromise the safety of the officers or others.
REQUESTED POLICY: Ban shooting at moving vehicles
Policy 300.4.1 discusses shooting at moving vehicles. This policy recognizes the
general ineffectiveness of shooting at or from a moving vehicle; however, it
provides limited circumstances where the officer has no other alternative to avert
the threat of the vehicle.
300.4.1 MOVING VEHICLES
Shots fired at or from a moving vehicle involve additional considerations and risks, and
are rarely effective.
approaching vehicle instead of discharging their firearm at the vehicle or
occupants.
An officer should only discharge a firearm at a moving vehicle or its occupants when
the officer reasonably believes there are no other reasonable means available to avert
the imminent threat of the vehicle, or if deadly force other than the vehicle is directed
at the officer or others.
Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle.
16
REQUESTED POLICY: Require officers to intervene and stop the use of excessive
force by other officers.
Policy 300.2.1 outlines the duty to intercede and report by Ames Police Officers.
300.2.1 DUTY TO INTERCEDE AND REPORT
Any officer present and observing another law enforcement officer or a member using
force that is clearly beyond that
unreasonable force.
Any officer who observes another law enforcement officer or a member use force that
is potentially beyond that
should report these observations to a supervisor as soon as feasible.
REQUESTED POLICY: Require officers to report each time they use force or threaten
to use force against civilians.
Policy 300.5 mandates an officer report and document use of force. The Shift
Commander reviews all reports marked “Use of Force” to ensure that officers are
de-escalating when necessary and to ensure that, when force is used, that it is
necessary, justified and reasonable. The analysis includes the type of force used,
whether the case was a mental health situation, who the officer was, and if there
were any injuries to the officer. The ethnicity, sex, and age of the individual force
was used against is also recorded.
300.5 REPORTING THE USE OF FORCE
incident. The officer should articulate the factors perceived and why he/she believed
the use of force was reasonable under the circumstances.
purposes, the Department may require the completion of a
specified in department policy, procedure, or law. See the Report Preparation Policy
for additional circumstances that may require documentation.
300.5.1 NOTIFICATIONS TO SUPERVISORS
Supervisory notification shall be made as soon as practicable following the application
of force in any of the following circumstances:
17
•
• The application would lead a reasonable officer to conclude that the individual
may have experienced more than momentary discomfort.
• The individual subjected to the force complained of injury or continuing pain.
• The individual indicates intent to pursue litigation.
• Any application of the conducted energy device or control device.
• Any application of a restraint device oth
chains.
• The individual subjected to the force was rendered unconscious.
• An individual was struck or kicked.
• An individual alleges unreasonable force was used or that any of the above has
occurred.
REQUESTED POLICY: Ban transporting civilians in an “uncomfortable positions”, such
as face down in a vehicle.
Ames Police Department Policy 904.4 addresses transporting detainees. Generally,
all persons are properly restrained by a safety belt and placed in a seated position.
It is well known that detainees placed face down while restrained are susceptible
to positional asphyxiation and this technique is not used.
904.4 PROCEDURES
Members transporting a person in custody should ensure:
a. All persons a
restraint system.
b. All persons in custody remain in a seated or otherwise safely restrained position
in the rear of the vehicle.
c. Any person behaving in a manner so violent or uncooperative that he/she cannot
or will not sit upright is:
1.
provider and if a medical condition exists, transported by ambulance for
a medical examination.
a. If no medical condition exists or an ambulance is unavailable or
unwilling to transport the prisoner, alternative transportation should
be arranged (e.g., special transport van).
d. A verbal welfare check is made with a person in custody every 10 minutes.
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condition, the transporting member should advise dispatch and render aid
as soon as practicable (see the Medical Aid and Response Policy).
2. Special conditions (e.g., suicidal persons, persons wearing a spit hood)
may require closer observations or visual monitoring as indicated in other
parts of this policy and in the Handcuffing and Restraints and Temporary
Custody of Adults policies.
e. All areas of the vehicle accessible to a person in custody are searched before
and after each transport.
f. A person in custody is searched immediately after his/her arrest, before transport
assumes custody.
1. Whenever practicable, the search should be conducted by an officer of
the same sex as the person being searched. If an officer of the same sex
is not reasonably available, a witnessing officer should be present during
the search.
g. Transport is accomplished in a direct and timely manner.
h. The same consideration is shown to a person in custody as would be reasonably
excessive heat or cooling).
i.
punishment or retaliation.
j.
compliance with the exposure control plan.
k.
own compartment of a multiple-compartment
approval is received based on unusual circumstances:
1. Juveniles are not to be transported with adults.
2.
transgender or intersex persons should be transported with perso
the gender they identify with.
3.
combatants or rival gang members, are not to be transported together.
l. Dispatch is advised of the following:
1. The time when a transport begins and the vehicle’s mileage.
2. The time, vehicle’s mileage and reason for any stops.
3. The time of arrival at the destination and the vehicle’s mileage.
19
persons being transported (e.g., demeaning o
vehicle.
n. Direct visual observation and audio communication is provided during transport
of:
1. Individuals in auxiliary restraints (see the
Policy.
2. Individuals in leg restraints.
3. Individuals wearing a spit hood.
REQUESTED POLICY: Ban the use of tear gas.
The Ames Police Department policies do not currently prohibit the use of tear gas
or other chemical munitions. The use of chemical munitions is limited to riot
situations where life and/or property is endangered (this would not include
peaceful protests). Deployment of chemical munitions, including tear gas, would
have to be justified under Policy 300.3.2 (Factors Used To Determine The
Reasonableness Of Force, described on page 14 of this report).
Tear gas, although deployed extremely infrequently, can be an effective dispersal
tool when circumstances warrant. Without this option, officers with a need to
disperse a violent crowd would need to resort to alternative force techniques (e.g.,
batons or hands-on techniques). These alternatives can present a greater risk of
injury or death to individuals and to officers.
The use of tear gas is subject to several policies. Policy 303.6 describes who is
authorized to deploy tear gas and in what circumstances.
Commander or Emergency Response Team Commander may authorize the delivery
determining that such force reasonably appears justified and necessary.
When practicable, fire and emergency medical services personnel should be alerted or
summoned to the scene prior to the deployment of tear gas to control any fires and to
assist in providing medical aid or gas evacuation, if needed.
20
Policy 430 discusses First Amendment Assemblies, and distinguishes between lawful,
peaceful assemblies and assemblies that meet criteria to be unlawful due to the
destruction of property or harm to others. In an unlawful assembly, the use of force may
be justified if there is a potential for harm to officers or other, or substantial property loss
or damage. Use of force in an assembly is a specific situation discussed in Policy 430.7.
430.7 USE OF FORCE
Use of force is governed by current department policy and applicable law (see the Use
of Force, Handcuffing and Restraints, Control Devices and Conducted Energy Device
policies).
Individuals refusing to comply with lawful orders (e.g., nonviolent refusal to disperse)
should be given a clear verbal warning and a reasonable opportunity to comply. If an
individual refuses to comply with lawful orders, the Incident Commander shall evaluate
the type of resistance and adopt a reasonable response in order to accomplish the law
enforcement mission (such as dispersal or arrest of those acting in violation of the law).
Control devices and conducted energy devices should be considered only when the
Control Devices and the Conducted Energy Device policies).
Force or control devices, including oleoresin capsaicin (OC), should be directed toward
reasonably be targeted due to extreme circumstances, such as a riotous crowd.
depend on the nature of the incident.
REQUESTED POLICY: Require officers to have body cameras on.
Policy 424.5 addresses the circumstances that require activation of cameras, both
body-worn and in-car cameras. Generally, officers are expected to activate
cameras during law enforcement interactions.
424.5 ACTIVATION OF THE AUDIO/VIDEO RECORDER
This policy is not intended to describe every possible situation in which the recorder
Members should activate the recorder any time the
appropriate or valuable to record an incident.
21
The recorder should be activated in any of the following situations.
a.
situations
b. Traffic stops
assistance and all crime interdiction stops
c. Self-initiated activity in which an officer would normally notify the Communication
Center
d. Any other contact that becomes adversarial after the initial contact in a situation
that would not otherwise require recording
Members should remain sensitive to the dignity of all individuals being recorded and
reasonably appears to the member that such privacy may outweigh any legitimate law
enforcement interest in recording. Requests by members of the public to stop recording
should be considered using this same criterion. Recording should resume when privacy
is no longer at issue unless the circumstances no longer fit the criteria for recording.
activated in situations described above as soon as reasonably practicable.
REQUESTED POLICY: Require officers to properly subdue a person that is already
handcuffed
Policy 302 addresses handcuffing and restraints including the proper application.
Specifically, Policy 302.4 addresses the application of handcuffs or plastic cuffs.
302.4 APPLICATION OF HANDCUFFS OR PLASTIC CUFFS
Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a
person’s hands to ensure officer safety.
Although recommended for most arrest situations, handcuffing is discretionary and not
an absolute requirement of the Department. Officers should consider handcuffing any
person they r
regardless of the circumstances.
In most situations, handcuffs should be applied with the hands behind
back. When feasible, handcuffs should be double-locked to prevent tightening, which
may cause undue discomfort or injury to the hands or wrists.
22
person or may cause unreasonable discomfort due to the person’s size, officers should
consider alternatives, such as using an additional set of handcuffs or multiple plastic
cuffs.
Handcuffs should be removed as soon as it is reasonable or after the person has been
searched and is safely confined within a detention facility.
REQUESTED POLICY: Require officers after using force to perform the necessary
medical care and call the paramedics for support.
The Use of Force policy also addresses some medical considerations.
Once it is reasonably safe to do so, medical assistance shall be obtained for any person
complaint of injury or continuing pain, or was rendered unconscious. Any individual
exhibiting signs of physical distress after an encounter should be continuously
placed on their stomachs for an extended period, as this could impair their ability
to breathe.
Based upon the officer’s initial assessment of the nature and extent of the individual’s
services provider or medical personnel at a hospital or jail. If any such individual refuses
personnel. If a recording is made of the contact or an interview with the individual, any
refusal should be included in the recording, if possible.
The on-scene supervisor or, if the on-
handling officer shall ensure that any person providing
custody of a person following any use of force is informed that the person was subjected
to force. This notification shall include a description of the force used and any other
circumstances the officer reasonably believes would be potential safety or medical risks
to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration).
Individuals who exhibit extreme agitation, violent irrational behavior accompanied by
profuse sweating, extraordinary strength beyond t
imperviousness to pain (sometimes called “drug-induced delirium”), or who require a
protracted physical encounter with multiple officers to be brought under control, may be
at an increased risk of sudden death. Calls invo
23
medical personnel stage away.
See the Medical Aid and Response Policy for additional guidelines.
RECOMMENDATION #6:
As revisions are made to Police Department policies, revised versions will be
updated on the City’s website.
RECOMMENDATION #7:
An independent review of the Police Department policies will be periodically
undertaken by a citizen committee. See Recommendation #16 regarding the
creation of an Ames Citizen Police Advisory Committee (ACPAC).
RECOMMENDATION #8:
As new laws are adopted at the federal and state levels and clarified by the courts,
the City will continue to use Lexipol to review the Ames Police Department’s
existing policies to ensure compliance with the law and commitment to fair and
impartial policing. Lexipol will continue to recommend new policies to address
areas where policies do not yet exist.
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THEME V – CITY ORDINANCES AND STATE LAW
Some people who are aware of the Police Department policies are concerned that they
can be altered by the city administration. Therefore, they would prefer that certain
prohibitions be placed into ordinances where the City Council has control over what
actions are illegal and must be publicly voted on to eliminate or modify. Suggestions for
new local ordinances include ordinances to:
• Ban racial profiling
• Prohibit racial bias in policing
• Prohibit an unjust accusation from one person against another to the Police
because of their race
• Decriminalize the use and possession of marijuana for less than 40 grams.
The following four topics are not directly addressed in current local ordinances.
Several of these topics are addressed either in Police Department policies or in
state law.
Racial profiling and racial bias in policing are prohibited in the Police Department’s
Bias-Based Policing Policy. This policy is Policy 401 in the Police Department
Policy Manual.
Bias-Based Policing
401.1 PURPOSE AND SCOPE
Department's commitment to policing that is fair and objective. Nothing in this policy
prohibits the use of specified characteristics in law enforcement activities designed to
strengthen the department’s relationship with its diverse communities (e.g., cultural and
ethnicity awarene
partnerships).
401.1.1 DEFINITIONS
Definitions related to this policy include: Bias-based policing - An inappropriate reliance
on characteristics such as race, ethnicity, national origin, religion, s
disability or affiliation with any non-
basis for providing differing law enforcement service or enforcement.
25
401.2 POLICY
The Ames Police Department is committed to providing law enforcement services to
served. It is the policy of this department to provide law enforcement services and to
individual or group.
401.3 BIAS-BASED POLICING PROHIBITED
Bias-based policing is strictly prohibited. However, nothing in this policy is intended to
characteristic to a specific unlawful incident, or to specific unlawful incidents, specific
criminal patterns or specific schemes.
401.4 MEMBER RESPONSIBILITIES
Every member of this department shall perform his/her duties in a fair and objective
manner and is responsible for promptly reporting any suspected or known instances of
bias-
intervene to prevent any bias-based actions by another member.
401.4.1 REASON FOR CONTACT
contact, independent of the protected characteristics of the individual.
interview (FI) card), the involved officer should include those facts giving rise to the
contact, as applicable. Except for required data-collection forms or methods, nothing in
require reporting.
401.5 SUPERVISOR RESPONSIBILITIES
Supervisors should monitor those individuals under their command for compliance with
this policy and shall handle any alleged or observed violations in accordance with the
Personnel Complaints Policy.
(a) Supervisors should discuss any issues with the involved officer and his/her
supervisor in a timely manner.
1. Supervisors should document these discussions, in the prescribed manner.
26
ensure compliance with this policy.
1. Supervisors should document these periodic reviews.
2. Recordings or data that capture a potential instance of bias-
should be appropriately retained for administrative investigation purposes.
(c) Supervisors shall initiate investigations of any actual or alleged violations of this
policy.
(d) Supervisors should take prompt and reasonable steps to address any retaliatory
action taken against any member of this department who discloses information
concerning bias-based policing.
401.6 ADMINISTRATION
The Patrol Commander should review the efforts of the Department to provide fair and
objective policin
complaints, to the Chief of Police. The annual report should not contain any identifying
information about any specific complaint, member of the public or officer. It should be
reviewed by the Chief of Police to identify any changes in training or operations that
should be made to improve service. Supervisors should review and the annual report
and discuss the results with those they are assigned to supervise.
401.7 TRAINING
Training on fair and objective policing and review of this policy should be conducted as
Enforcement Academy (ILEA) (Iowa Code § 80B.11).
It should be further noted that actions of the Police are considered a “public
accommodation” under the Iowa Civil Rights Act. Therefore, in addition to violating Police
Department policy, accusations of racial discrimination in policing can be investigated by
the Iowa Civil Rights Commission.
There is no local ordinance regarding making a false, unjust allegation to police because
of a racial characteristic. Iowa Code Chapter 718.6(1) prohibits knowingly reporting false
information to law enforcement agencies. Providing false information to a law
enforcement agency is punishable as a simple misdemeanor, except when the falsely
alleged criminal act is a serious or aggravated misdemeanor or felony, in which case the
false report is punishable as a serious misdemeanor.
The use and possession of marijuana is addressed in state law. Under state law, the
possession of 40 grams of marijuana is a serious misdemeanor. If this quantity of
marijuana is separated into baggies and in proximity to a scale, the circumstances could
justify a charge of possession with intent to deliver, which is a Class D felony. Serious
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misdemeanors are punishable by a minimum fine of $430 and/or up to 30 days in jail.
Class D felonies are punishable by a minimum fine of $930 and/or up to five years in
prison.
The Municipal Code does contain a specific section regarding the possession of dope
paraphernalia, Section 17.23. This section prohibits the sale or display of marijuana pipes,
along with a variety of other paraphernalia used to administer controlled substances. A
violation of this section is a municipal infraction punishable by a $50 fine for a first violation
or $100 for subsequent violations.
CITY MANAGER’S RECOMMENDATIONS:
RECOMMENDATION #9:
Adopt an ordinance prohibiting any member of the City of Ames organization from
racial profiling or taking actions that are indicative of bias in the delivery of City
services.
RECOMMENDATION #10:
Adopt a local ordinance that prohibits filing false reports or providing false
information to police against an individual because of race or another protected
characteristic.
Although it is possible to adopt a local ordinance prohibiting false reports, the City may
only charge someone with up to a simple misdemeanor. Therefore, if an individual who
files a false report does so in a manner which would warrant a serious misdemeanor
violation under state law, the local ordinance would not apply, and the charge would be a
state violation, not the local violation.
The Council should also be aware that proving the intent of a person filing a report or
providing a statement can be difficult. However, a local ordinance can provide some
measure of prosecution in instances where evidence does exist of a person's malintent.
Additionally, a local ordinance regarding this topic makes a strong statement that
maliciously filing reports against an individual because of race or another characteristic is
not tolerated in the Ames community.
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THEME VI – TRANSPARENCY
In order for the citizens to better gauge how successful our Police Officers are doing in
providing unbiased policing, it is important that data be furnished to the public. It has
been suggested that data should be periodically released such as arrest records, stop
records, the number of civilian deaths that occur while in police custody, and the number
of civilian deaths that occur as the result of force. It has been further suggested to break
these reports down according to various demographics.
It is important to note that the Police record management system is designed to take
information from the field and get it to the court system. Demographic data, such as race,
is not typically a dataset important to the courts, so it is not always available in the records
management system. Therefore, the current records management system is not an
efficient tool to conduct statistical analysis of demographic data. Improving the reporting
of demographic data requires increased staff time to analyze.
There are two types of logs that the Ames Police Department publishes online. The first,
the Press Log, describes general information about calls for service, while the second,
the Arrest Report, lists the names and charges for each person arrested.
Annual reports, including the information provided in the City Budget, provide a statistical
and financial summary of department activity. Significant crimes and community events
are announced using press releases and social media. Ames Police also report crimes to
state and federal databases and participate in efforts to improve state and federal crime
reporting.
In 2019, the Ames Police Department and Iowa State University Police Department
voluntarily initiated a stop study to evaluate whether racial disparity exists in the traffic
stops conducted by both departments. The results of this study should be available in Fall
2020.
CITY MANAGER’S RECOMMENDATIONS:
As with other City services, City staff believes information about services provided should
be shared with the public. In the case of the Police Department, crime statistics are a
basic set of data the public should be able to obtain and review.
RECOMMENDATION #11:
Publish quarterly summaries on the Police Department website for citations (e.g.,
traffic tickets, municipal infractions, simple misdemeanors) and arrests, with a
breakdown of race and other demographics, where known*.
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RECOMMENDATION #12:
Publish quarterly reports on the Police Department website with use of force
statistics, with a breakdown of race and other demographics, where known*.
*It should be understood that demographic information is not collected in every police
interaction. Some state reports require collecting demographic information and some do
not. If demographics are not provided on an individual’s documentation (such as an ID
card), officers will not ask or make assumptions to obtain this information.
RECOMMENDATION #13:
Create a new system for citizens to report bias incidents, publish this data on the
Police Department website, and share these reports with the Human Relations
Commission for follow-up (Bias incidents are events where there is a connection
to racial bias, but do not meet the requirements for a hate crime).
RECOMMENDATION #14:
Conduct periodic studies of traffic stop statistics to identify whether racial
disparity exists in the traffic stops conducted by the Police Department.
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THEME VII – ACCOUNTABILITY IN COMPLAINT HANDLING
AND DISCIPLINE
It has been suggested that complaints regarding inappropriate action by Police Officers
cannot be fairly addressed when the discipline process is contained within the
department. Therefore, it has been suggested that an independent body be created to
investigate and determine discipline for officers accused of such actions.
Complaints about officer conduct can be handled through the City’s internal complaint
process or through external processes. Externally, an individual could file an Iowa Civil
Rights Commission (ICRC) complaint, if the person believes they were treated unfairly on
the basis of race, gender, age, or another characteristic protected by the Iowa Civil Rights
Act. Generally with these complaints, the City would receive a questionnaire from ICRC
and be asked to provide information regarding the circumstances of the complaint. ICRC
would review this information during its investigation and determine whether there is
probable cause that discrimination has occurred. If so, a mediation can take place, or the
complainant may receive a “right-to-sue” letter, which could be used to bring a civil lawsuit
against the City.
Additionally, a person could file a complaint with the Iowa Ombudsman’s Office. This
office provides impartial investigation of complaints regarding services provided by state
or local government. If a failure of City or state policy has occurred, the Ombudsman may
provide a formal report with recommendations to take corrective actions.
A complaint filed directly with the Ames Police Department would be handled in
accordance with the Department’s Personnel Complaints/Internal Affairs Policy. The
internal complaint investigation functions are outlined as Policy 1010 in the APD Law
Enforcement Services Manual. This manual is available on the Police Department’s web
page. This policy distinguishes various types of complaints and provides different
methods to resolve them depending on the nature of the allegation.
A complaint about officer conduct or a policy violation may come to the City’s attention
from the public or internally through a co-worker or supervisor. Every complaint is
investigated.
Receipt of Complaints:
Complaints may be filed in writing or orally. They can be accepted from anonymous and
third-party sources. However, complainants are encouraged to file written complaints in
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person, so contact information and other details may be collected to enable future follow-
up to occur.
Personnel complaints are those where an allegation of misconduct or improper job
performance has been made that, if true, is a violation of established policy or law.
Inquiries about conduct that, if true, would not be a violation of law or policy are not
considered a personnel complaint. These inquiries are handled informally by a
supervisor.
Supervisors are responsible to ensure all complaints are documented on a complaint
form. All complaints and inquiries are documented in a log, including the nature of the
complaint and the actions taken to address it.
Investigating Allegations of Misconduct:
Generally, personnel complaints are investigated by the immediate supervisor of the
employee in question. In some situations (such as when the supervisor is involved in the
allegation), another supervisor may investigate the complaint. Serious allegations are
investigated by the Department’s Internal Affairs Coordinator. Complainants are notified
of the investigator’s name. Efforts are made to obtain names and contact information of
witnesses. Evidence is collected, such as photographs of alleged injuries.
If the complaint can be resolved immediately, the supervisor is to notify the complainant
within 24 hours. Complaints that cannot be resolved quickly are referred to the shift
Lieutenant, who will determine whether to contact the complainant or assign the complaint
for investigation.
Body cameras are worn by every uniformed Police Officer and are used to record most
public interactions (see Policy 424.5 – Activation of the Audio/Video Recorder on pages
20-21 of this report). These recordings are reviewed when there are complaints or when
developing performance appraisals. If a complaint involves an interaction that would be
recorded on a body-worn camera, that footage can be retrieved and reviewed, provided
the complaint is regarding a recent interaction.
When circumstances warrant, the accused employee may be placed on paid
administrative leave or temporarily reassigned to a different shift (if appropriate) until the
conclusion of the investigation.
Peace Officer Bill of Rights (Iowa Code Chapter 80F):
Iowa law provides that certain steps must take place when a Police Officer who is the
subject of a complaint is interviewed in an administrative investigation by a supervisor or
a member of the Internal Affairs Unit. These steps include:
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1. The officer must receive a written summary of the complaint prior to being
interviewed
2. The interview must be audio recorded
3. The interview must take place at a facility of the investigating agency
4. The officer has the right to have legal counsel and either a union representative
The Bill of Rights also requires that if an officer is interviewed more than once, the officer
is entitled to a copy of the recording of the prior interview in advance. Additionally, no
more than two interviewers should ask questions of an accused officer.
Garrity Advisement:
City policies provide that an accused officer may be required to answer questions in the
course of the investigation. Employees who refuse to cooperate in answering questions
are subject to discipline. This is a common practice in employment investigations both in
and outside law enforcement. However, when the employer is also a law enforcement
agency, an employee who is compelled to answer questions in a process that may lead
to criminal charges is given a Garrity advisement prior to questioning.
The Garrity advisement stems from U.S. Supreme Court case law. The advisement
provides that the employee may be required to answer questions, but that the statements
gathered from that testimony may not be used in any subsequent criminal investigation.
This balances the employer’s right to demand cooperation in an employment action with
the employee’s right to not self-incriminate if a criminal act has taken place.
In cases where an employee is accused of potentially criminal conduct, the criminal
allegations are investigated by a separate supervisor or investigator from the
administrative investigation. The Chief of Police may request a criminal investigation by
an outside law enforcement agency.
Report Outcomes:
Police personnel complaints are classified with one of the following dispositions:
1. Unfounded – The alleged facts did not occur or did not involve department
members.
2. Exonerated – The alleged act occurred but the act was justified, lawful, and/or
proper
3. Not sustained – There is insufficient evidence to sustain the complaint or fully
exonerate the employee
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4. Sustained – The act occurred, and it constituted misconduct
5. Policy failure – The allegation is true, and the action was not inconsistent with
policy
6. Not involved – The individual subject of the complaint was not involved in the
alleged incident.
Pre-Disciplinary Hearing:
The officer who is the subject of a complaint is notified of the outcome at the conclusion
of the investigation. The disciplinary process is handled in collaboration between the Chief
of Police, Human Resources, and the City Manager’s Office. This involvement of staff
outside the Police Department ensures that two objectives are met: First, it ensures
critical procedural steps are correctly followed. Second, it ensures that any proposed
discipline aligns with similar levels of discipline imposed in similar situations elsewhere in
the City organization.
If disciplinary action against an officer is warranted, the Chief of Police determines the
proposed level of discipline in consultation with the City Manager’s Office and Human
Resources. As with other City employees, discipline can take various forms depending
on the circumstances, such as oral reprimand, written reprimand, suspension, demotion,
or termination.
The Chief of Police will provide the employee with a written notice that discipline is being
considered, along with access to the materials considered by the Chief in reaching that
decision. The employee has five days to respond orally (recorded) or in writing. The
purpose of the response from the employee is to offer reasons why the proposed
discipline should not occur, by offering either further avenues of investigation or mitigating
factors to consider. The employee is not permitted to present testimony or witnesses.
Imposing Discipline:
Following the employee response, the Chief of Police may impose the discipline, if
warranted, by providing the decision in writing along with the grounds and reasons for the
discipline. In compliance with a recent state law change, employees are also notified that
information in their personnel file as a result of disciplinary action may become a public
record.
If an employee resigns or retires while under investigation, prior to the conclusion of the
disciplinary process, the fact that the investigation/discipline was pending is noted in the
employee’s personnel file. Additionally, resigning while under investigation may prevent
the officer from obtaining full retirement benefits from the Municipal Fire and Police
Retirement System of Iowa. An investigation may continue even after an employee
resigns.
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Appeal Process:
If an investigation results in an officer being disciplined, including if the officer is
terminated from employment, state law provides that the disciplinary action must be
delayed by ten days if the accused officer alleges a violation of the procedures and
protections outlined in the Peace Officers Bill of Rights. Therefore, a disciplinary
process disputed by the employee is not likely to be resolved in a matter of days,
as has been seen in some cities in other parts of the country in the aftermath of
alleged policy or law violations.
Employees may appeal discipline in accordance with the terms of the collective
bargaining agreement (for Police Officers who have completed their probationary period)
or personnel rules (for all Police Officers of sergeant rank or higher). Probationary
employees do not have rights to appeal disciplinary action either through the collective
bargaining agreement or to the Civil Service Commission.
All non-probationary Police Officers, regardless of rank, are civil service employees under
Iowa law, and therefore have rights to appeal certain actions to the Civil Service
Commission.
Police Officers may appeal oral and written reprimands through the grievance process
outlined in the collective bargaining agreement. This process provides procedures and
time limits for these actions to be appealed to:
Step 1: Within five days of the action, to the immediate supervisor. Response
must be delivered within five working days
Step 2: Within five days of Step 1 response, to the Chief of Police. Response
must be delivered within five working days
Step 3: Within five days of Step 2 response, to the City Manager or designee.
Response must be delivered within ten working days
Step 4: Within five days of Step 3 response, to arbitration
A failure of the employee to meet any grievance appeal time limits is considered a waiver
of the appeal right. A failure of the supervisor/manager to respond within the time limits
is considered a denial at that step.
In cases of suspension, demotion, or discharge, any non-probationary Police Officer,
regardless of rank, may appeal to the Civil Service Commission for a hearing within 14
calendar days of the decision to impose such action. The City must provide to the
Commission the reasons for the discipline. A failure by the City to provide such
information within the time limits obligates the Commission to reinstate the disciplined
officer.
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If properly filed, the Commission will hold a hearing, where it may subpoena witnesses
and documents and hear arguments from the appellant and the City. The Commission
will issue a decision upholding or overturning the disciplinary action, which either party
may appeal to District Court within 30 days of the decision.
CITY MANAGER’S RECOMMENDATIONS:
RECOMMENDATION #15:
Make forms to document complaints more readily available on the Police
Department website to provide ample opportunities for the public to register their
concerns about incidents.
RECOMMENDATION #16:
Create an Ames Citizen Police Advisory Committee (ACPAC) in accordance with
the following model presented below.
City staff has explored a variety of models for this type of advisory committee. Due to the
constraints of state law with regards to civil service, collective bargaining law, and
the Peace Officers’ Bill of Rights, staff has concluded that the best model for such
an advisory committee would be as follows:
The goals of the ACPAC would be to:
1. Incorporate a citizen perspective into the evaluation of citizen complaints against
the Ames Police Department (APD)
2. Provide thoughtful recommendations regarding the policies and practices of the
APD
3. Report concerns regarding complaint investigation outcomes to the City Manager
4. Increase public confidence in the professionalism and accountability of the APD
The membership of the ACPAC would be:
1. Seven individuals
2. Representative of the diversity of the community
3. Appointed by the Mayor with the consent of the Council
4. Trained after appointment in contemporary policing practices and legal standards
based on recommendations from the National Association for Civilian Oversight of
Law Enforcement (NACOLE)
5. Committed to impartiality and to a review of complaints based only upon facts and
evidence. Members must not be prejudiced in favor of complainants or police
officers
6. Subject to confidentiality requirements
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The scope of the ACPAC’s responsibilities would be:
1. Accept complaints from the public regarding the conduct of sworn Police Officers
and forward such complaints to the Ames Chief of Police for appropriate
investigation.
2. Advise the Chief of Police regarding complaints from the public.
a. ACPAC may review complaints from the public related to:
i. Police Department policy violations
ii. Improper or inadequate investigation
iii. Excessive force
iv. Discrimination
v. Harassment
vi. Any other complaint in which the Chief of Police determines ACPAC
review would be desirable
b. When such a complaint is received from the public by the APD either directly
or by ACPAC referral, it would be investigated in accordance with APD
policies and applicable law. At the conclusion of the investigation into a
complaint, the Chief of Police would convene the ACPAC to discuss the
investigation and seek ACPAC’s input, prior to the Chief making a decision
as to personnel action.
c. ACPAC’s review and recommendation would be advisory in nature.
ACAPC’s role is separate from the investigation process and from the
disciplinary process.
3. Review departmental policies and procedures and provide comments and
suggestions for improvement to the Chief of Police and City Manager.
4. Conduct outreach to individuals and groups in the Ames community regarding:
a. Concerns related to public safety and police procedures
b. Rights and responsibilities of citizens in law enforcement interactions
c. Processes and resources for filing complaints
5. Provide feedback to the Chief of Police regarding whether an officer’s conduct
merits commendation, in instances where a commendation is being considered.
6. Issue an annual report to the Mayor and Ames City Council containing the following
information:
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a. The number of complaints reviewed and the nature of such complaints
b. Demographic information of complainants, where disclosed by
complainants
c. A summary of policies reviewed and any changes recommended
d. A summary of Committee training received
e. A summary of outreach activities conducted
f. Concerns regarding complaint investigation outcomes, if any
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THEME VIII – COMMUNICATION
When the Chief of Police responded in writing to inquiries received this summer regarding
the City’s departmental policies, many were pleased to learn that the policies of the Police
Department already addressed these concerns. Therefore, it appears from this feedback
that the Police Department needs to do a more effective job communicating with under-
represented populations.
For several years, the Police Department has been utilizing social media in its strategy to
engage with the public. This social media strategy began with the use of Facebook, which
was utilized to issue press releases to people who may not have otherwise seen them.
The department has expanded its efforts with the use of Twitter; this platform seems to
reach a slightly different segment of the Ames population. On both platforms, timely
information is distributed to alert residents to scams, weather events, crime alerts, press
releases, and community outreach activities.
While events such as National Night Out and the school supply giveaway reach
thousands, the social media posts about these events reach many more. This is also the
case with other Police Department outreach events, including Shop with a Cop, Carving
with Cops, Donuts in the Park, and Coffee with Cops.
The department has partnered with the Ames Branch of the NAACP to host a series of
programs in the past about “Know Your Rights”, where rights during police interactions,
such as traffic stops, were discussed. More recently, representatives of the Ames Police
Department participated in a broadcast series with the NAACP, Taking the Lead 2020,
where contemporary policing issues were discussed.
Since 1999, the Ames Police Department has offered a Citizen Police Academy program
for the public. This program is a hands-on learning experience for individuals in the
community who wish to learn more about the Police Department’s activities and
operations. Each class participates in eight three-hour sessions covering topics such as
use of force, investigations, firearms, and narcotics. Participants also take part in a ride-
along and meet Police Department staff to hear from their experiences. The program is
offered twice per year to groups of 14-16 participants.
CITY MANAGER’S RECOMMENDATIONS:
While the events hosted by the department are important for the public to be aware of,
further efforts could be made to engage the public in areas such as police policies and
procedures, the complaint process, and the Body Worn Camera Program.
39
The City Council is aware of the challenges faced in effectively communicating with those
who reside in the community, not just as it relates to the Police Department, but to all
services provided by the City. Towards this end, the Council has established as one of its
goals to “Use the best communication engagement techniques and modern technologies
to engage the community by reaching people in geographic areas using multiple
channels.”
In order to accomplish this goal, the City Manager recommended that the City Council
engage the services of a class from the Department of Community and Regional Planning
at Iowa State University to identify the various groups of residents that live in the
community, catalog the various communication techniques/strategies that have been
used successfully in cities throughout the country, recommend which strategy will prove
more effective for each of the identified resident groups, with an emphasis on those under-
represented in the community. It is anticipated that this information will be available by
December 2020. Depending on what transpires with COVID-19, a second class in the
Spring will focus on testing some of these strategies in relations to City issues.
RECOMMENDATION #17:
Adopt the City Council-approved recommendations from the ISU Community and
Regional Planning class(es) regarding the best communication techniques to
reach under-represented populations in Ames.
RECOMMENDATION #18:
Provide periodic updates to the public from the Chief of Police regarding activities,
current events, policies, and less understood aspects of the Police Department
through the use of social media, cable television, videos, radio, and other media.
RECOMMENDATION #19:
Refresh the Police Department pages of the City’s website to ensure the
information is clear, concise, and user-friendly for community members.
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THEME IX – FUNDING
Calls are being heard throughout the country to “defund” police departments. This call
includes the suggestion that the savings realized from reducing the department’s budget
be reallocated to various social service agencies, programs related to mental health,
social work, crisis intervention, homelessness, drug prevention/treatment, affordable
housing, public transit, before and after school programs, parks and recreation programs,
community engagement, food security, and holistic collaborative services.
It has also been repeatedly suggested that the City not purchase nor accept surplus
military vehicles for Police Department use.
The adopted FY 2020/21 City budget appropriates $10,596,148 to the Law Enforcement
program, which represents 4% of the total City budget. It should be noted that 88%
($9,298,828) of the expenditures in total Law Enforcement program pay for personal
services, which are the salary and benefits of those who work in the department. The
remaining portion of the budget is allocated 8% ($800,355) for Internal Services, 3%
($346,165) for Contractual expenses, and 1% ($150,800) for Commodities/Other. In
addition, of this $10,596,148 total, $8,171,183 is earmarked for Police Services with the
remaining $2,424,965 directed towards the Administration/Records and Emergency
Communication functions.
Unlike most similar-sized cities throughout the country, Ames has access to Local Option
Sales Tax revenues. This tax, which is 1% on most purchases of goods and services in
Ames, has allowed the Ames City Council to provide substantial funding for local human
services agencies that serve low and moderate income residents in the Ames community.
This funding is provided through a collaboration known as ASSET. In FY 2020/21, City
funding for these agencies will total $1,524,850. In addition to the City’s commitment to
human services agencies, Story County, United Way, and Iowa State University Student
Government are contributing a combined $3,010,453 for a collective total of $4,535,303
in FY 2020/21 to human service agencies.
These funds are used to purchase childcare, rent/utilities assistance, shelter services for
homeless individuals, mental health and substance abuse prevention and treatment
services, food pantry programs, transportation, nutrition, home health assistance, youth
development programs, and domestic violence services.
In addition, the City Council has directed that all Community Development Block Grant
(CDBG) and HOME program funding received this fiscal year from the Department of
Housing and Urban Development be earmarked to develop a new housing subdivision
for multiple family housing units and single family detached homes that meet the needs
41
of low and moderate income residents in Ames. In FY 2020/21 the total for this funding
source is $826,442.
The City also participates in collaborations such as the Mental Health/Criminal Justice
Task Force and the newly developed drug diversion program. The latter is a program
created to divert non-violent offenders with drug addiction from the criminal justice
system. A representative from each law enforcement agency in Story County, including
the Ames Police Department, will be a member of the drug diversion team. Relationships
such as these are a result of police, human service agencies, and community members
working together towards the best outcomes for the citizens they serve.
For several years, the Police Department has been reducing officer involvement in some
nuisance and social problems. There are several nuisance regulations in Ames that do
not rise to the level of crimes but have traditionally been handled by police. For example,
officers are no longer making contact on noise complaints where no violations exist.
Instead, these complaints are being referred to apartment managers or property owners
to address with tenants. In other instances, neighbors are being encouraged to make
contact to discuss and resolve the issues.
The department is currently evaluating the issuance of no-trespass orders and whether
these are better handled civilly as opposed to involving a Police Officer in the
contact. The Police Department has also limited its responses to “smell of marijuana”
calls, instead referring these to apartment managers and owners.
The Police Department has employed a Mental Health Advocate (MHA) for the past seven
years. The MHA is ¾-time employee who evaluates police calls for service and selects
those cases with a mental health component. The MHA then sends this information to
area mental health care providers and practitioners to keep open lines of communication
and ensure those with mental health conditions are receiving proper services. The MHA
works with individuals with mental health issues and their families to navigate both the
criminal justice system and mental health services. The MHA also works closely with
Police Officers and is a member of the both the Wellness and Peer Support Teams.
While the Police Department is frequently called to respond to calls involving a mental
health component, it is not always appropriate. Over the past few years, the Police
Department has begun diverting mental health calls for service to the Mobile Crisis
Response Team (MCRT), managed by Eyerly Ball Community Mental Health Services.
MCRT has been utilized to take these calls that do not require a Police Officer response.
MCRT responders are trained in mental health crisis management techniques and are
on-call to respond to calls from citizens or law enforcement.
The MCRT teams can take up to 45 minutes to arrive once called, which in some cases
results in the incident being resolved by police before the team arrives. However, in
incidents where the MCRT team can arrive quickly, these mental health professionals can
assist in stabilizing the situation and providing resources for the individual in crisis to
receive follow-up support. The department’s MHA works closely with MCRT to share
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information about crisis incidents and residents with mental health issues who have
encountered law enforcement.
The Ames Police Department does not currently possess any surplus military vehicles.
Until approximately 2003, the Department owned a surplus military ambulance that was
converted to transport officers to incidents. That vehicle was replaced with more effective
civilian vehicle for that purpose.
A review of the Police Department budget reveals that the vast majority of the funding is
directed towards pay and benefits. In fact, of the $10,596,148 for the Law Enforcement
budget, only $1,297,320 is earmarked for expenses other than personal services. Any
substantial redirection of funding out of this budget would have to come from personal
services which would reduce the number of officers and thereby severely impact the City’s
ability to provide adequate service to the community.
Fortunately, a substantial amount of funding is currently being allocated through the
ASSET process to support various human services for low and moderate income
residents.
RECOMMENDATION #20:
Adopt a City Council policy that no surplus armored military vehicles may be
purchased or accepted for City use.
RECOMMENDATION #21:
If the City Council wishes to do so, the allocation of ASSET funds could be
reprioritized in the next budget cycle and concentrated in human services that
better meet the City Council’s social justice goals.
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SUMMARY OF CITY MANAGER RECOMMENDATIONS
RECOMMENDATION #1: Pg. 3
The values that drive our Excellence Through People initiative will be revised to
include the new values of Diversity, Equity, and Inclusion.
RECOMMENDATION #2: Pg. 3
The City Manager will be recommending during the next budget cycle (FY 2021/22)
that a new full-time position of Diversity, Equity, and Inclusion Coordinator be
created.
RECOMMENDATION #3: Pg. 7
Realizing that all individuals have some form of implicit bias, the Human Resources
staff will explore additional validated evaluation tools to use in the Police Officer
selection process to determine whether candidates have a propensity to
inappropriately act upon bias.
RECOMMENDATION #4: Pg. 10
Work with the Human Resources Department to develop a more formalized training
curriculum for officers regarding diversity and bias topics.
RECOMMENDATION #5: Pg. 10
The City Manager will be recommending in the next budget cycle converting a
vacant, authorized Police Officer position into an administrative sergeant position.
This position will manage departmental training needs, statistical reporting and
transparency, and supervision of new officers during the onboarding and Academy
processes, in addition to other duties.
RECOMMENDATION #6: Pg. 23
As revisions are made to Police Department policies, revised versions will be
updated on the City’s website.
RECOMMENDATION #7: Pg. 23
An independent review of the Police Department policies will be periodically
undertaken by a citizen committee. See Recommendation #16 regarding the
creation of an Ames Citizen Police Advisory Committee (ACPAC).
RECOMMENDATION #8: Pg. 23
As new laws are adopted at the federal and state levels and clarified by the courts,
the City will continue to use Lexipol to review the Ames Police Department’s
existing policies to ensure compliance with the law and commitment to fair and
impartial policing. Lexipol will continue to recommend new policies to address
areas where policies do not yet exist.
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RECOMMENDATION #9: Pg. 27
Adopt an ordinance prohibiting any member of the City of Ames organization from
racial profiling or taking actions that are indicative of bias in the delivery of City
services.
RECOMMENDATION #10: Pg. 27
Adopt a local ordinance that prohibits filing false reports or providing false
information to police against an individual because of race or another protected
characteristic.
RECOMMENDATION #11: Pg. 28
Publish quarterly summaries on the Police Department website for citations (e.g.,
traffic tickets) and arrests, with a breakdown of race and other demographics,
where known.
RECOMMENDATION #12: Pg. 29
Publish quarterly reports on the Police Department website with use of force
statistics, with a breakdown of race and other demographics, where known.
RECOMMENDATION #13: Pg. 29
Create a new system for citizens to report bias incidents, publish this data on the
Police Department website, and share these reports with the Human Relations
Commission for follow-up (Bias incidents are events where there is a connection
to racial bias, but do not meet the requirements for a hate crime).
RECOMMENDATION #14: Pg. 29
Conduct periodic studies of traffic stop statistics to identify whether racial
disparity exists in the traffic stops conducted by the Police Department.
RECOMMENDATION #15: Pg. 35
Make forms to document complaints more readily available on the Police
Department website to provide ample opportunities for the public to register their
concerns about incidents.
RECOMMENDATION #16: Pg. 35
Create an Ames Citizen Police Advisory Committee (ACPAC) according to the
model identified on pages 35-37.
RECOMMENDATION #17: Pg. 39
Adopt the City Council-approved recommendations from the ISU Community and
Regional Planning class(es) regarding the best communication techniques to
reach under-represented populations in Ames.
45
RECOMMENDATION #18: Pg. 39
Provide periodic updates to the public from the Chief of Police regarding activities,
current events, policies, and less understood aspects of the Police Department
through the use of social media, cable television, videos, radio, and other media.
RECOMMENDATION #19: Pg. 39
Refresh the Police Department pages of the City’s website to ensure the
information is clear, concise, and user-friendly for community members.
RECOMMENDATION #20: Pg. 42
The City will adopt a policy that no surplus armored military vehicles may be
purchased or accepted for City use.
RECOMMENDATION #21: Pg. 42
If the City Council wishes to do so, the allocation of ASSET funds could be
reprioritized in the next budget cycle and concentrated in human services that
better meet the City Council’s social justice goals.
Caring People Quality Programs Exceptional Service
515.239.5146 main
fax
Legal Department
To:
From:
Date:
Subject:
On September 1, 2020, the Council adopted Ordinance #4420, which generally
mandated that people in Ames wear face coverings while in public settings.
The Ordinance contains a sunset clause. The Council chose December 31,
2020 as the date the ordinance would come to an end. The ordinance states:
“SUNSET CLAUSE: This ordinance expires and becomes null and void after
December 31, 2020, unless the date in this clause is amended or the ordinance
is sooner repealed.”
After the November 10, 2020 City Council meeting, there will be three
regular meetings of the Ames City Council before the end of the year. It
takes three readings to pass or amend an ordinance, and those readings
typically happen at separate Council meetings. So, we are now at the
point that the Council should decide whether it wants to extend the
ordinance or to let it expire after December 31.
If the Council chooses to extend the ordinance, I would suggest as a starting
point for discussion that extending by six months might be a good course of
action as it means that the Council will not have to keep addressing this issue
frequently. Of course, if Council members’ opinions change or if the
coronavirus pandemic lessens, the Council may repeal the ordinance at any
time. A six-month extension would result in an ordinance ending date of June
30, 2021. Of course, the Council, if it chooses to extend the expiration date,
can choose a shorter or longer time period.
Item No. 19
ALTERNATIVES:
1. The Council can direct the City Attorney to draft an ordinance, for
consideration at the next regular Council meeting, extending the sunset
date on the face-coverings ordinance to some future specified date.
2. The Council can take no action and allow the face-coverings ordinance to
expire after December 31, 2020, as is currently stated in the ordinance.
3. The Council can direct the City Attorney to draft an ordinance, for
consideration at the next regular Council meeting, repealing the sunset-
clause language in the face-coverings ordinance, with the result that the
ordinance will remain in effect until the Council takes action to repeal the
ordinance.
#
1
ITEM # __20_ _
DATE: 11-10-20
COUNCIL ACTION FORM
SUBJECT: AGREEMENTS BETWEEN CITY OF AMES AND MARY GREELEY
MEDICAL CENTER AND CITY OF AMES AND THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS, LOCAL 625, IN REGARDS TO
PROVIDING FOR EMERGENCY MEDICAL TECHNICIAN (EMT),
EMERGENCY MEDICAL DISPATCHING, AND COMPUTER-AIDED
DISPATCHING SERVICES
BACKGROUND:
Mary Greeley Medical Center (MGMC) and the City of Ames have had a long-standing
cooperative partnership that has been forged over many years. Because of the
investments that both organizations have made into growing this unique model of shared
responsibilities, the Ames community and visitors alike have received exceptional
emergency medical response services.
In an effort to better assist MGMC, which has the primary responsibility for emergency
medical responses, it was agreed in 1996 that the Ames Fire Department would upgrade
its emergency medical service (EMS) status to that of First Responder, which is the most
basic level of EMS in the State of Iowa. First Responders can perform basic medical
procedures such as splinting extremities, maintaining airways, and controlling bleeding.
Under this agreement, MGMC reimburses the City for monthly incentive pay provided to
firefighters and lieutenants who maintain their First Responder credential. This incentive
pay is established in the City’s collective bargaining agreement that outlines benefits for
the firefighters. The agreement also provides that MGMC would reimburse the City for
the training costs and provide one defibrillator for each fire station.
In 1998, a service once provided by MGMC to the community was further enhanced when
the Ames Fire Department was contracted to assume the primary responsibility for
extrication of persons from motor vehicle accidents. This change allowed MGMC to focus
attention on providing medical treatment to the patient(s) at the accident site. Within that
contract, it was agreed that MGMC would pay for 50% of the costs for training, equipment,
and apparatus needed to perform this additional service. In 2003, the contract was
modified to further clarify responsibilities under this partnership.
PROPOSED AGREEMENT WITH MGMC (ATTACHMENT A):
In 2016, MGMC requested that the Ames Fire Department upgrade its EMS service level
to Emergency Medical Technician (EMT). The EMT service level is designed to provide
basic emergency care for critical and emergent patients. Procedures include the use of
auto-injector epinephrine, blood glucose monitoring, and administering patient-assisted
2
medications. Discussions occurred between the two parties regarding this requested
change in service level, but no changes were agreed to by the parties.
In 2019, MGMC gave notice that it was cancelling the contract with the Ames Fire
Department for medical services. Additionally, MGMC cancelled two other contracts with
the Ames Police Department, one for Emergency Medical Dispatching (EMD) and the
other for the interface connection between the Police Department’s Computer Aided
Dispatch System to MGMC ambulances. Although cancellation notices were received,
the parties continued to operate under the original terms of the agreements until a new
contract could be negotiated.
Despite the three cancellation notices, MGMC did express a desire to discuss and
potentially enter into a new agreement. Negotiations ensued immediately after the
cancellation notices were received. The three separate contracts were drafted into a
single contract (see Attachment A). Under this new agreement:
• The Ames Fire Department’s EMS service level will increase to EMT within 18
months. The department will transition over to a Conditional EMT service early
next year. At this level of service, EMT-level services may be provided when
staffing allows, while MGMC provides EMT training and certification to the whole
department. The department will transition away from the Conditional EMT service
to an EMT service once the department has more members trained and certified
at the EMT level, which will be towards the end of 2021.
• The Ames Fire Department will be responsible for 100% of the cost for extrication
equipment and training.
• MGMC will be responsible for 100% of the incentive pay paid to Ames Firefighters
and Lieutenants for maintenance of their EMS license (see below regarding
revisions to the agreement with Fire Union).
• MGMC will provide, free to the city, all equipment, initial and ongoing training, and
disposable supplies in order to provide EMT services to the community.
• Both parties have established performance measures that will be reviewed and
agreed upon annually. They currently include EMT certification of the Ames Fire
Department within 18 months, two annual continuing educational trainings per year
with an additional certification training provided by MGMC, and timely response
from the Medical Director in regards to changes in policy, procedures or protocols.
• MGMC is responsible for developing emergency response plans related to medical
911 calls and provide Medical Director Services to create and manage the
protocols for this service.
3
• The City will allow MGMC a Computer Aided Dispatch (CAD) connection and
assist with the on-going access to the City’s Public
Safety network. MGMC is responsible for the costs related to the data link between
the City’s dispatch system and their information management system.
• MGMC will continue to have the primary responsibility for providing emergency
medical services for victims at the scene of an incident and during transportation
of the victim to the medical center.
• The initial term of this agreement shall be for four years with one automatic renewal
term of four years. If a new contract has not been agreed to at the end of the
automatic renewal term, the contract will continue for one additional year if
mutually agreed upon.
• Either party may cancel the contract with a 180-day written notice before the end
of the contract term, but only if agreed upon performance measures are not being
met. Both parties will have six months to remediate any identified issues. Upon
cancellation or withdrawal of either party, the assistance provided by the City of
Ames to MGMC for emergency medical response shall cease, the responsibilities
for EMD shall revert to MGMC, and the assistance provided by the Ames Police
Communication Center shall cease.
PROPOSED CONTRACT REVISION TO AGREEMENT WITH FIRE UNION LOCAL 625
(ATTACHMENT B):
With an upgrade in the EMS service level for fire personnel to EMT, additional
negotiations were needed between the City of Ames and Fire Union Local 625. A Letter
of Agreement was drafted between the City of Ames and IAFF Local 625 to reflect the
following mutually agreed upon changes to the Collective Bargaining Agreement,
addressing Educational Certification Pay, also known as incentive pay:
• EMT certification becomes a required credential for Firefighters and Lieutenants
whose initial hire date as a Firefighter occurs after January 1, 2020. The EMT
certification must be obtained within 18 months of the start of employment, and be
maintained thereafter.
• Emergency Medical Responder (EMR) certification, previously known as First
Responder, remains the minimum required credential for Firefighters and
Lieutenants whose initial hire date as a Firefighter occurred prior to January 1,
2020. These firefighters may elect to upgrade to EMT to receive the higher
incentive pay, but it is not required.
• Current EMR incentive pay is $20 per month for Step A, B, and C Firefighters, and
.7% of the annual salary for Step D Firefighters and Lieutenants.
4
• Proposed EMT incentive pay will be $30 per month for Step A, B, and C
Firefighters, and 1.05% of the annual salary for Step D Firefighters and
Lieutenants.
In FY 2019/20 MGMC was invoiced $24,167 to cover EMR incentive pay for Ames
Firefighters and Lieutenants. For FY 2020/21, it is estimated that MGMC will be invoiced
$30,792 for EMS incentive pay, which will include EMT and EMR certified Firefighters
and Lieutenants. If the contract between the City of Ames and MGMC is not renewed at
the end of the term or is cancelled, the City would be responsible for the incentive pay.
ALTERNATIVES:
1. Approve:
A. The Reciprocal Service Agreement Between Mary Greeley Medical Center and
the City of Ames, and
B. The Letter of Agreement Between City of Ames and IAFF Local 625.
2. Refer one or both agreements back to the City staff for further negotiations.
3. Do not approve the agreements.
This action would end reimbursement for firefighter incentive pay and could require
MGMC to handle dispatching and emergency medical response without City
assistance.
CITY MANAGER’S RECOMMENDATION:
The proposed agreements provide for an increase in the level of emergency medical
response provided to the Ames community. Firefighters, who typically arrive first to
emergency medical incidents, will be able to provide more advanced medical care,
thereby improving the outcomes for patients once transferred to MGMC’s care. In
exchange, MGMC will finance an increase in incentive pay for the firefighters who obtain
the EMT credential. The agreement also provides for equipment and training for the City
while providing MGMC with Emergency Medical Dispatching and Computer Aided
Dispatching services.
The proposed contract continues the partnership between MGMC and the City of Ames
which results in excellent emergency medical response to our residents. Therefore, it is
the recommendation of the City Manager that the City Council adopt alternative No. 1, as
described above.
1
RECIPROCAL SERVICE AGREEMENT BETWEEN MARY GREELEY MEDICAL CENTER
AND THE CITY OF AMES, IOWA
This SERVICE AGREEMENT (the “Agreement”) effective the1st day of July, 2020
(the “Effective Date”) is between Mary Greeley Medical Center (“Mary Greeley”) and the City of Ames
(“City”), (each individually, a “Party”, and both collectively, the “Parties”).
RECITALS
WHEREAS, the Parties desire, for administrative convenience, efficiency and cost effectiveness
purposes, to arrange for Mary Greeley and the City to agree upon responsibilities of each party in their
duties related to Emergency Medical Services and Extrication Services and Emergency Medical Dispatch,
as well as the utilization of shared information technology (IT) tools under the terms and conditions set
forth in this Agreement.
NOW, THEREFORE, for and in consideration of the foregoing, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as
follows:
SCOPE OF SERVICES
A. Emergency Medical Services
Mary Greeley shall have the primary responsibility for providing emergency medical services for victims
at the scene of the incident and during transportation of the victim to the medical center. However, the
City’s fire department will provide reasonable assistance, as requested, to Mary Greeley personnel for
emergency medical services to victims.
Mary Greeley shall also provide, free of charge, the following services and items to the City:
(1) Initial and ongoing training programs pertaining to Emergency Medical Technician (EMT) level
certification for members of the fire department.
(2) Initial and ongoing disposable equipment and supplies necessary to deliver EMT services.
(3) The purchase and maintenance of one defibrillator for each of the City’s fire stations and the
replacement of those defibrillators as needed to meet advances in technology. When the need for
additional defibrillator units beyond the minimum of one defibrillator for each of the City’s fire
stations has been identified and mutually agreed to, Mary Greeley shall provide and maintain these
units to the City’s fire department at no cost. Mary Greeley retains ownership of the defibrillators
provided to the City’s fire department. Upon termination of this Agreement, the defibrillators will be
returned to Mary Greeley unless a separate agreement is reached regarding their disposition.
B. Extrication Services
The City’s fire department shall have the primary responsibility for extrication of victims from wrecked
motor vehicles. However, Mary Greeley personnel shall provide reasonable assistance to the City’s fire
department personnel, as requested, for scene management and victim extrication.
2
C. Emergency Dispatch Services
Communications Center is the local Public Safety Answering Point for phone calls on the 911 system in the
City of Ames. To provide a framework for Emergency Medical Dispatch (EMD), the Communications
Center implements the practices and protocols of a commercially available EMD program known as Medical
ProQA from Priority Dispatch, Inc. (hereinafter called ProQA). This program includes both computerized
and non- computerized elements that provide direction to trained and certified dispatchers for response to
emergency medical calls.
All medical calls that come into the Communications Center are responded to in accordance with the
protocols established by ProQA or a similar EMD protocol service. Mary Greeley assisted in the initial
review and establishment of those protocols to assure they meet with appropriate local practices, and shall
continue to assist the Communications Center when those protocols need to be revised. Mary Greeley will
provide Medical Director Services, if required, for the implementation and ongoing operation of this service.
Nothing in this paragraph shall bind the Communication Center or Mary Greeley to the use of ProQA as the
EMD technology provider. If the parties transition to alternate software, by mutual agreement or by
circumstances beyond the control of either party, they agree to share equally in the costs of a successor
software program.
Mary Greeley will be responsible for developing, implementing and maintaining emergency response plans
for circumstances related to medical 911 calls. The response plans will include a call out procedure that will
allow the Communications Center to contact Mary Greeley emergency response personnel in a manner
compatible with the technologies available to the Communications Center, a method for selecting appropriate
response equipment and personnel, and protocols for communication of relevant information. The plans
should include protocols for acknowledgement of call out and procedures for failing acknowledgement.
The parties understand that the Communications Center is responsible for call-taking, pre- arrival instruction
to the caller, dissemination of information about the call to emergency response personnel and record keeping
of the call. It is the responsibility of Mary Greeley to determine what Mary Greeley equipment and personnel
should respond in any situation and also ensure that they are prepared and available to respond. Each party
is also responsible for its own records related to emergency dispatch services.
Mary Greeley shall have the primary responsibility for providing emergency medical services for victims
at the scene of the incident and during transportation of the victim to the medical center. Mary Greeley shall
be responsible for the system (including protocols and programming) for direct notification of on-call
personnel. Mary Greeley will prepare and ensure that medical equipment, personnel, and ambulances are
available to respond to a call, including the establishment of mutual aid agreements with other agencies for
emergency medical services. Mary Greeley will develop protocols and response plans for those times when
all Mary Greeley emergency medical services resources are committed. When Mary Greeley's emergency
medical services resources are committed and mutual aid agreements must be activated, the dispatchers
will be notified and the protocol for notification of the mutual aid agencies will be initiated through the
aforementioned protocols.
D. CAD TO MICS and Locution
CAD to MICS
The City currently operates a CAD system provided by Central Square. The City holds a contract with Central
Square that provides for licensing, maintenance and support for the CAD system software program. Mary
Greeley/MICS currently operates an information management system from Image Trend, Inc.
3
The City incurred substantial expense to establish CAD and it is the intention of the parties that the
connection between Central Square and Image Trend will continue with no additional expense to the City.
When the CAD TO MICS connection was established in 2013, the City amended its contract with
CentralSquare to cover the additional services needed to establish and maintain the CAD TO MICS link.
Mary Greeley is responsible for the costs of the additional Central Square services related to the CAD TO
MICS link. Mary Greeley is also responsible for any expenses and recurring fees related to CAD TO MICS
and all associated hardware, software, licenses, interfaces, installation, vendor consultations, testing,
training. If the City transitions to alternate dispatch software or an alternate vendor for dispatch software,
Mary Greeley agrees to be responsible for the costs related to the data link between the City’s new dispatch
system and Mary Greeley’s information management system, including but not limited to additional
services from the City’s vendor, any expenses and recurring fees, and all associated hardware, software,
licenses, interfaces, installation, vendor consultations, testing, training.
It is the responsibility of Mary Greeley to select and implement a connection device and service that is
compatible with Central Square, meets the City's requirement for access control and data security and is
capable of sending and receiving the data produced by Central Square CAD. Mary Greeley shall be
responsible for all on-going costs for connectivity in CAD TO MICS. Should a wired connection between
the Public Safety Network (where the Central Square CAD software resides) and a physical location in Mary
Greeley become desirable, Mary Greeley will be responsible for establishing that connection under these
same terms.
The City will allow for the CAD interface/connection and assist with the establishment and on-going access
to Public Safety network and the CAD software in a manner that provides sufficient data for CAD TO MICS.
Mary Greeley will be responsible for all other aspects of the CAD TO MICS project. Administration of the
CAD TO MICS software components will remain the responsibility of Mary Greeley while all software in
the Central Square system will be the responsibility of the City. Administration tasks that require both parties
will be addressed in a regular meeting to be established at a mutually acceptable time.
Locution
The Communications Center will notify Mary Greeley staff of the need for an ambulance callout using the
Locution notifications system. The City has provided and will continue to provide a suitable location and
power for computer hardware to facilitate the implementation of Locution for (EMD).
COSTS AND OWNERSHIP
Equipment acquired by either party in furtherance of this Agreement shall remain under the ownership of the
party that purchased the equipment.
EMERGENCY MEDICAL DISPATCH
The City shall be responsible for the acquisition and maintenance of the communications hardware located
in the Communications Center facility. Mary Greeley will be responsible for the acquisition and
maintenance of communications hardware located outside the Communications Center. Division of
expenses for the acquisition and maintenance of software not otherwise addressed in this Agreement shall
be by agreement of the parties.
4
EMERGENCY MEDICAL SERVICES PERFORMANCE MEASURES
The City is responsible for ensuring that the Ames Fire Department is a licensed EMT service provider as
established by the State of Iowa within eighteen (18) months. Firefighters hired after the effective date of
this agreement should be EMTs within eighteen (18) months of hire. All firefighters shall adhere to the
policies, procedures, and protocols set forth by the Medical Director, who is currently provided by Mary
Greeley.
Mary Greeley is responsible for ensuring that the Medical Director responds in a timely manner to requests
for updates to policy, procedure, or protocol. In general, a response within two weeks on any question or
routine update will be considered timely. In matters involving substantial risk to patients or providers or in
the case of rapidly evolving matters of practice, a response from the Medical Director is expected within a
week.
The City and Mary Greeley shall have two joint continuing education trainings per year. One training will
be protocol related and one training shall pertain to rescue, as required by the State of Iowa to maintain
EMT certification. Additionally, Mary Greeley agrees to provide one EMT certification training per year.
These two joint continuing education trainings and one EMT certification training will be at no additional
cost to the City. Any EMT training attended by City employees outside of these offered trainings, shall be
paid for by the City.
PAYMENT
Costs of services provided under this Agreement will be calculated on a fiscal year schedule running from
July 1, to June 30. The City will bill Mary Greeley on or about June 15 each year for Mary Greeley’s share
of the costs for that fiscal year, to be dispersed across the aforementioned services as the City deems to be
appropriate. The estimated costs to Mary Greeley for fiscal year 2020/21 are $36,986. (See Attachment)
In fiscal year 2020/21, Mary Greeley will pay the City an amount equal to the total incentive pay for
firefighters and lieutenants who held and maintained Emergency Medical Responder (EMR) certification
at a rate of $20 per month for each firefighter in Steps A, B, or C of the City’s pay plan and at a rate of
0.7% of the annual salary for each Step D firefighter and lieutenant. It is understood and agreed that the
Ames Fire Department will take ongoing measures to transition all firefighters and lieutenants to the EMT
(Emergency Medical Technician) level. Once all firefighters and lieutenants have transitioned from EMR
to EMT, Mary Greeley will have no further obligation under this agreement to pay the City for EMR
incentive pay.
In addition, in fiscal year 2020/21, Mary Greeley will pay the City an amount equal to the total incentive
pay for each firefighter and each lieutenant who held and maintained EMT certification at a rate of $30 per
month for each firefighter in Steps A, B, or C of the City’s pay plan and at a rate of 1.05% of the annual
salary for each Step D firefighter and lieutenant.
The yearly increase in costs to be paid by Mary Greeley to the City during the life of the agreement will be
only the changes in the actual costs incurred by the City for the data feed to MGMC, emergency medical
dispatch services and changes in the incentive pay (fire emergency medical services) required in the
collective bargaining agreement between the City and the recognized bargaining unit for the Ames
firefighters, which currently is the International Association of Firefighters Local 625.
In order to help control the costs, the parties agree that Mary Greeley shall not pay to the City more than a
five percent (5%) increase from any fiscal year to the next fiscal year of this agreement in: 1) the monthly
incentive pay rate for each firefighter in Steps A, B, or C, and 2) in the incentive pay percentage of the
5
annual the salary for each firefighter in Step D and each lieutenant.
Invoices will be sent to Mary Greeley at: Dieter Friton
Mary Greeley Medical Center
1111 Duff Avenue
Ames, Iowa 50010
SUPERSEDES
This Agreement supersedes all prior agreements between Mary Greeley and the City regarding Emergency
Medical Services and Extraction Services, Emergency Dispatch Services, and CAD TO MICS and Locution.
ANNUAL REVIEW
Authorized representatives of Mary Greeley and the City shall meet in January of each year regarding
Emergency Medical Services to: (a) evaluate last year’s performance measures, (b) review and establish
performance measures for both parties for the current year, (c) plan changes to the services provided, and
(d) review emergency medical service items related to equipment (including defibrillators), training, and
incentive pay to be budgeted for the next fiscal year. Any changes in performance measure and/or services
provided must be mutually agreed to by both parties.
Authorized representatives of Mary Greeley and the City shall meet in March of each year regarding
Emergency Medical Dispatch to: evaluate the past performance under this Agreement, review the procedural
and medical protocols of the EMD program and the operational policies and procedures regarding CAD to
MICS and Locution services, plan changes to the services provided when appropriate, review and plan for
staff training and to review program costs. Nothing is this paragraph should prevent the parties from meeting
at other times for these same, or other, purposes related to EMD.
MEDICAL DIRECTION
Mary Greeley shall provide medical supervision and direction pertaining to those matters within the scope
of this Agreement consistent with applicable state and federal laws. In order to meet the standards related to
emergency medical dispatch practices, Mary Greeley shall provide the emergency medical dispatch medical
direction. This direction shall include protocol selection, review and approval, case review for quality
improvement and continuing dispatcher education related to those quality improvements. Mary Greeley
agrees to provide Medical Director Services as described in this section without charge to the City.
ACCESS TO RECORDS
The United States Department of Health and Human Services, the Comptroller General of the United States,
or their authorized representatives, as well as both parties of this contract shall have access during normal
business hours to the books and records of the parties to this Agreement that pertain to this Agreement,
including all documents and records necessary to verify the nature and extent of the costs of the services
furnished under this Agreement, for a period of not less than four years after the services are furnished.
INDEMNIFICATION
Neither party hereto, nor the Medical Director, shall be liable for any damages proximately resulting from
the negligent or wrongful actions or omissions of the other party, employees, agents or contractors
performing under this Agreement. Mary Greeley shall provide an insurance certificate for the Medical
6
Director function with the City of Ames as a named insured party.
DURATION AND CANCELLATION
The initial term of this Agreement shall be for four (4) years from the effective date of this Agreement with
one automatic renewal term of four (4) years. If the parties have not implemented a new Agreement by the
end of the automatic renewal term but mutually agree to continue providing reciprocal services, the terms
of this Agreement will continue for one (1) additional year to allow time for a new Agreement to be reached.
The parties agree to meet at the 42 month mark of each term in order to determine if the terms of the
Agreement remain satisfactory. At that time, the parties will determine if performance measures are being
met. If performance measures are not being met, the parties have six (6) months to remediate any identified
issues. At the end of each term and upon a determination that either party is not meeting performance
measures, either party may withdraw from the Agreement only after giving the other party a one-hundred
and eighty (180) day written notice to cancel.
Upon cancellation or withdrawal of either party, the assistance provided by the City of Ames to Mary Greeley
as EMTs shall cease, the responsibility for EMD shall revert to Mary Greeley, and the assistance provided
by the Communications Center shall cease. Costs incurred on behalf of Mary Greeley prior to cancellation
shall be billed to Mary Greeley as part of a final reconciliation at cancellation. At time of cancellation, any
invoices outstanding or anticipated, will be taken into account in order to determine the final financial
reconciliation between the parties. Every effort will be made to minimize or prorate costs if the Agreement
is cancelled.
NOTICE
All notices under this Agreement shall be in writing and shall be deemed to have been given: (i) upon hand
delivery or (ii) if sent by Regular Mail, within seventy-two (72) hours after the notice has been deposited
in the United State Post Office, postage paid. Notices shall be sent to the other party at the addresses set
forth below. Either party may change its address by giving notice in writing thereof to the other party.
For City: For Mary Greeley:
Fire Chief Dieter Friton
1300 Burnett Avenue Mary Greeley Medical Center
PO Box 811 1111 Duff Avenue
Ames, Iowa 50010 Ames, Iowa 50010
GOVERNING LAW/SEVERABILITY
This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. Any
provision of this Agreement which shall be found invalid, void, or illegal shall in no way affect, impair, or
invalidate any other provision hereof; and the remaining provisions hereof shall nevertheless remain in full
force and effect.
AMENDMENTS
This Agreement may be amended at any time by mutual agreement of the parties. Amendments to this
Agreement must be in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
7
authorized representatives.
MARY GREELEY MEDICAL CENTER CITY OF AMES, IOWA
By: By:
Brian Dieter, CEO John A. Haila, Mayor
Date: Date:
Attest by:
Diane Voss, City Clerk
8
Attachment
Projected Costs
MGMC Contracts 2020 Update
Proposed
Fiscal Year
20/21 w/ EMT
Contract Name Proposal Notes
Data Feed to MGMC
$2,878
Emergency Medical Dispatch
$3,316
Fire Emergency Medical Services
EMT Certification
EMR Certification
$30,792
$36,986
1
LETTER OF AGREEMENT BETWEEN
CITY OF AMES AND IAFF LOCAL 625
REGARDING EMERGENCY MEDICAL TECHNICIAN CERTIFICATION
10/30/2020
WHEREAS, the Firefighter and Fire Lieutenant classification specifications presently include a
minimum requirement for certification at the Emergency Medical Responder (EMR) level, and;
WHEREAS, the City pays incentive pay for employees in these positions to maintain this
certification, at the rate of $20 per month for Steps A-C for Firefighters and 0.7% of salary for
Step D Firefighters and Lieutenants, and;
WHEREAS, the parties desire to raise the Ames Fire Department’s level of service to a
minimum of Conditional Emergency Medical Technician (EMT), which is a higher level of
service, and to modify the classification specifications to reflect this change;
THEREFORE, the City and the IAFF Local 625 agree as follows:
1. CLASSIFICATION SPECIFICATIONS:
The classification specifications for Firefighters and Fire Lieutenants shall be revised to
indicate:
a. Emergency Medical Technician certification is a required credential for Firefighters
and Lieutenants whose initial hire date as a Firefighter occurs after January 1, 2020.
The Emergency Medical Technician certification must be obtained within 18 months
of the start of employment, and be maintained thereafter; and,
b. Emergency Medical Responder certification remains the required credential for
Firefighters and Lieutenants whose initial hire date as a Firefighter occurred prior to
January 1, 2020.
2. INCENTIVE PAY:
a. Effective upon certification by the State of Iowa as a Conditional EMT Service,
Firefighters and Lieutenants whose initial hire date as a Firefighter occurred prior to
January 1, 2020 are entitled to medical incentive pay at their highest level of
certification as follows:
Firefighter
Step A, B, or C (Step D)
$20 per month 0.7% of salary 0.7% of salary
$30 per month 1.05% of salary 1.05% of salary
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b. Effective upon certification by the State of Iowa as a Conditional EMT Service,
Firefighters and Lieutenants whose initial hire date as a Firefighter occurs after
January 1, 2020 are entitled to medical incentive pay of:
Firefighter
Step A, B, or C (Step D)
$30 per month 1.05% of salary 1.05% of salary
3. LOSS OF EMERGENCY MEDICAL TECHNICIAN CERTIFICATION:
a. Firefighters and Lieutenants whose initial hire date as a Firefighter occurred prior to
January 1, 2020:
i. An employee who possesses or obtains their EMT certification may voluntarily
choose to downgrade their certification to EMR, provided that employee meets
the standards for EMR certification. In such an instance, the employee will
receive EMR incentive pay as outlined in paragraph 2(a) of this letter of
agreement.
ii. An employee who loses their EMT certification due to negligence is subject to
discipline as prescribed in the Maintenance of Credentials Policy.
b. Firefighters and Lieutenants whose initial hire date as a Firefighter occurs after
January 1, 2020:
i. Voluntary downgrade to EMR certification is not permitted. An employee who
loses their EMT certification is subject to discipline as prescribed in the
Maintenance of Credentials Policy.
4. REVISIONS TO TEXT OF COLLECTIVE BARGAINING AGREEMENT:
a. Section 26.3 of the 2019-2022 Collective Bargaining Agreement shall be revised as
follows (additions in underline, deletions in strikethrough):
“26.325.3 Educational Certification Pay. For employees whose initial hire date as a
Firefighter occurred prior to January 1, 2020:
• Twenty dollars ($20.00) per month for successful completion (and
certification) of an Iowa EMS Certification at the Emergency Medical
Responder level. or higher;
• Thirty dollars ($30.00) per month for successful completion (and certification)
of an Iowa EMS Certification at the Emergency Medical Technician level or
higher.
For employees whose initial hire date as a Firefighter occurs after January 1, 2020,
thirty dollars ($30.00) per month for successful completion (and certification) of an
Iowa EMS Certification at the Emergency Medical Technician level or higher.
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and an Regardless of initial date of hire, an additional $20.00 for successful
completion (and certification) of a Fire Instructor I program.
In order to continue receiving incentive pay following any certification, an employee
must maintain current certification and must complete necessary training updates for
each program.”
b. The Wage Addenda (Addenda B and C) of the 2019-2022 Collective Bargaining
Agreement shall be revised as follows: (additions in underline, deletions in
strikethrough):
In Addendum B:
Step D
Firefighter $74,415 (EMR Certified)
25.5546
$74,668 (EMT Certified)
25.6415
Fire Lieutenant $82,477 (EMR Certified)
28.3233
$82,757 (EMT Certified)
28.4193
In Addendum C:
Step D
Firefighter $76,461 (EMR Certified)
26.2574
$76,720 (EMT Certified)
26.3462
Fire Lieutenant $84,745 (EMR Certified)
29.1020
$85,032 (EMT Certified)
29.2006
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In Addenda B and C:
Effective July 1, 2004, the City will combine incentive pay
(FirstEmergency Medical Responder - .7%, Instructor I - .7%, and
DMACC classes – 1.7% for a total of 3.1%) and add to Firefighter
Step D, Fire Lieutenant, and Fire Inspector pay scale.
Effective upon certification by the State of Iowa as a Conditional EMT
Service, the City will combine incentive pay (Emergency Medical
Technician - 1.05%, Instructor I - .7%, and DMACC classes – 1.7%
for a total of 3.45%) and add to Firefighter Step D and Fire Lieutenant.
5. It is understood and agreed that this letter of agreement is conditioned upon the City entering
into a subsequent agreement with Mary Greeley Medical Center regarding reimbursement of
the costs of EMT certification. Should the City and Mary Greeley Medical Center be unable
to agree to terms for reimbursement of EMT certification costs, (including incentive pay, and
any other compensation provided in this letter of agreement), this letter of agreement
between the City and IAFF Local 625 shall be of no force or effect.
6. The parties understand and agree that the compensation provided by this letter of agreement
reflects a fair exchange for the modifications to the class specifications proposed by the City.
7. The parties acknowledge that during the negotiations that resulted in this letter of agreement,
each had the unlimited right and opportunity to make demands and proposals regarding the
compensation to be provided in exchange for the modification of the Firefighter and Fire
Lieutenant class specifications.
This agreement is entered into this ____ day of __________, 2020, at Ames, Iowa.
CITY OF AMES, IOWA AMES ASSOCIATION OF PROFESSIONAL
FIRE FIGHTERS, LOCAL NO. 625 OF THE
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS
__________________________ __________________________
Bethany Jorgensen, Eric Facio
Director of Human Resources President
__________________________ __________________________
Date Date
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ITEM # ____21__
DATE: 11-10-20
COUNCIL ACTION FORM
SUBJECT: SOLAR FARM ELECTRICAL PERMIT
BACKGROUND:
The company constructing the City’s Community Solar project has been informed by the
Inspection Division that their electric permit fee would be $35,176.40. This amount is in
accordance with Appendix U of the Ames Municipal Code which sets the fee for the base
permit application and specific item fees for fixtures, circuits, etc. Based on the
information submitted in the application, the following fee was determine for this permit:
Electrical Base Fee: $53.55
Meter Fee: $5.95 (this is the amount per meter. One meter was listed)
Other Fee: $35,116.90
Total: $35,176.40
Having built solar farms in other cities, the company pointed out that this fee total is quite
high in relation to other similar projects that have constructed.
The staff admits that the current fee schedule in Appendix U does not specifically address
solar arrays. The “other” fee has historically been used for solar arrays on other solar
projects. On this project, the other fee of $5.95 was assessed to 5,902 modules for a total
of $35,116.90. McFarland Clinic installed solar panels on the structure at 3600 Lincoln
Way in 2016. The “other” fee was charged to 987 modules at their site. Their total permit
fee was calculated in the same manner as the solar farm listed above:
Electrical Base Fee: $53.55
Other Fee: $5,872.65
Total: $5,926.20
Staff has reviewed other Iowa cities to determine how the permit for the solar farm would
be calculated in those jurisdictions. The findings are as follows:
Des Moines: $35,524
Ankeny: $117
Urbandale: $94.50
Cedar Rapids: $16,915
Iowa City: $31,535
In conversation with many of these jurisdictions, it was clear that the current
method for calculating permit fees for a project as large as the solar farm is not
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practical. In Ankeny and Urbandale, the fees would not cover staff’s time for permit
review and inspections. In Des Moines and Iowa City, it more than covers staff time.
Everyone agreed that their existing fees schedules were appropriate for residential and
small commercial projects, but that they did not accommodate the large-scale projects.
None of the jurisdictions stated that they had permitted a project similar to our solar farm
and they should probably look at their fee schedule in anticipation of larger solar projects.
Since none of the fees listed above would appropriately cover the costs of the
inspections for the project (either too high or too low), staff believes a new fee for
large projects (large projects are those over 500 kVA) should be added to Appendix
U. It has been determined that the fee most closely related to a solar module fee
would be a fixture fee of $2.15.
If a new fee was created that assessed a fee equal to that of a fixture fee to solar projects
over 500 kVA the fee would be calculated as follows:
Electrical Base Fee: $53.55
Solar Module Fee: $12,689.30 ($2.15 module fee x 5,902 modules)
Total: $12,742.85
This approach would allow the fee structure for residential and smaller commercial
projects to remain unchanged while accommodating the unforeseen scope of this
project. The language for the amendment to allow this is as follows (a draft ordinance is
attached):
Solar Module for Photovoltaic projects 500 kVA or larger……………….$2.15 ea.
Solar Module for Photovoltaic projects under 500 kVA…………………..$5.95 ea.
ALTERNATIVES:
1. Approve the resolution to amend the fee schedule in Appendix U that would allow
staff to assess a smaller fee per module to projects over 500 kVA. This will reduce
the cost of the permit fee for the solar farm by $22,433.55.
2. Deny on first reading the amendment to revise the fee schedule in Appendix U.
This will require staff to continue to assess the ‘other’ fee of $5.95 to each solar
module.
CITY MANAGER’S RECOMMENDATION:
It is the recommendation of the City Manager that the City Council support Alternative #1
and thereby approve the amendments to Appendix U to apply the same fee applied to
fixtures ($2.15) to each module for projects over 500 kVA and continue utilizing the fee
assessed to ‘other’ fixtures ($5.95) for projects under 500 kVA.
RESOLUTION NO.
A RESOLUTION AMENDING ELECTRICAL PERMIT FEE SCHEDULE OF
APENDIX U FOR THE CITY OF AMES, IOWA
BE IT RESOLVED, by the City Council of the City of Ames, Iowa, that the following amendment to the
Electrical Permit Fee Schedule of Appendix U of the City of Ames Municipal Code is hereby adopted:
Appendix U
Electrical Permit Fee Schedule
Description of Work Fee
Basic Fee - (In addition to below fees)
For multi-family, commercial, industrial, new construction, additions or alterations…………………….$53.55
For existing 1 and 2 family dwelling additions or alterations .................................................................. $53.55
Minimum fee (all new construction and alterations to other than single and two-family dwellings)
New single family dwelling ................................................................................................................... $80.35
Two family dwelling ........................................................................................................................... $123.20
Multiple family, commercial, industrial, follow schedule
*(include additions or alterations to above)
Unit Fee Schedule
Meters, each meter .................................................................................................................... $5.95 ea.
Circuits, each circuit .................................................................................................................. $2.35 ea.
Openings, includes outlets, switches & receptacles..................................................................... $2.15 ea.
Fixed Appliances
Range........................................................................................................................................ $5.95 ea.
Dryer ........................................................................................................................................ $5.95 ea.
Dishwasher ............................................................................................................................... $5.95 ea.
Disposal………………………………………………………………………………………….. $5.95 ea.
Furnace ..................................................................................................................................... $5.95 ea.
Air Conditioner ......................................................................................................................... $5.95 ea.
Unit Heater ............................................................................................................................... $5.95 ea.
Water Heater ............................................................................................................................. $5.95 ea.
Electric Space Heater ................................................................................................................ $5.95 ea.
Other......................................................................................................................................... $5.95 ea.
Fixtures ..................................................................................................................................... $2.15 ea.
Motors (exclusive of circuits) .................................................................................................... $2.15 ea.
Reinspection ................................................................................................................................ $53.55
The minimum electrical permit fee will be ………………………………………………………….$53.55
Solar Module for photovoltaic systems under 500 kVA…………………………………………...$5.95 ea
Solar Module for photovoltaic systems 500 kVA or larger……………………………………….. $2.15 ea
Adopted this day of , 20 .
_______________________
Diane R. Voss, City Clerk John A. Haila, Mayor
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ITEM # 22
DATE: 11-10-20
COUNCIL ACTION FORM
SUBJECT: ACCEPTANCE OF MIRACLE LEAGUE FIELD AND INCLUSIVE
PLAYGROUND FROM THE AMES FOUNDATION
BACKGROUND:
On July 31, 2018, the City Council approved an agreement with The Ames Foundation
(TAF) for construction of a Miracle League Field and Inclusive Playground (MLFIP) at Inis
Grove Park. The agreement (Attachment A) outlined the roles of TAF and the City for
this project.
As a reminder, the main points of the agreement, along with a summary of each activity,
is shown below:
1. The Ames Foundation will collect and hold contributions for the project.
TAF did collect and hold contributions, but more importantly, served as a major
fundraiser for this project. Additionally, a Community Attraction and Tourism
(CAT) grant in the amount of $200,000 was secured. In all, $2,283,562 has been
secured in monetary donations.
2. The plans for the project will be provided by the City and the scope of the
project will be agreed to by the City and The Ames Foundation prior to
commencement of construction.
City Council approved the plans and specifications for the project on June 11,
2019 and gave TAF approval to begin construction.
3. The Ames Foundation will secure a general contractor to construct the
project in Inis Grove Park and will make payments as required for the
project.
TAF contracted with Harold Pike Construction (HPC) to construct the MLFIP and
has made payments as required for the project.
4. No City funds will be used in the construction of the project.
The City did expend $62,500 for the design of the MLFIP; however, no City funds
have been used for the construction of this project.
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5. The Ames Foundation shall provide to the City a copy of the certification
from the general contractor that the project has been constructed lien free
and in accordance with the plans and specifications.
Attachment B is a letter from Snyder & Associates verifying the project has been
constructed in accordance with the design and applicable codes. Attachment C
from HPC verifies the project has been constructed lien-free.
6. The City is entitled to make a final inspection and obtain a final financial
report upon the completion of the project.
City staff has made a final inspection and agrees the project has been completed
according to the design. A current financial report is shown in Attachment D. The
final report will not be available until TAF closes out the CAT grant in 2021. The
City did agree to construct three projects as part of the CAT grant match including
renovating the Duff Avenue restroom (completed); constructing a new restroom
in Inis Grove Park (completed); and installing a shared use path along 24th Street
and Duff Avenue (out for bid). The shared use path is expected to be completed
by June 1, 2021.
7. Any funds raised in excess of the amount necessary to construct the
project will be either kept by the Foundation for future improvements to the
project area or turned over to the City for future maintenance, repairs, or
expansion.
At this time, it appears there will be no excess funds available for future
improvements, maintenance, or repairs.
As noted above, TAF has completed the requirements outlined in the agreement.
In addition, TAF has signed a Bill of Sale, Attachment E, which conveys, transfers,
and assigns to the City the MLFIP property. The next step is for City Council to
receive possession and ownership of the MLFIP from The Ames Foundation.
ALTERNATIVES:
1. Accept the transfer of the Miracle League Field and Inclusive Playground and
receive possession and ownership from the Ames Foundation to the City of
Ames.
2. Refer this item back to staff with further direction.
3. Do not accept the transfer of the Miracle League Field and Inclusive Playground.
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CITY MANAGER’S RECOMMENDED ACTION:
The Miracle League Field and Inclusive Playground project provides a significant
improvement to the Ames parks system. It will provide a recreational amenity for residents
of all ages and abilities to enjoy. The project involved a number of dedicated individuals
and organizations contributing their efforts. Specifically, The Ames Foundation is to be
commended for its efforts in fundraising, construction management, and communication
with the City as related to this project! It is not often that Ames residents are the
beneficiaries of a project of this magnitude that has no City funds included as part
of the construction. The Ames Foundation and everyone else involved cannot be
thanked enough!
Therefore, it is the recommendation of the City Manager that the City Council
approve Alternative #1 as stated above.
v:\projects\2017\117.0343.01b\administration\ltr_hpc_11-6-20.docx
November 6, 2020
John Williams
HPC, L.L.C.
120 N. Sherman
PO Box 429
Ames, IA 50010
RE: MIRACLE PROJECT
INIS GROVE PARK, AMES
Dear John:
This letter is in response to the Miracle Project. Snyder & Associates prepared the site plan
drawings for the project. HPC, L.L.C. lead the construction of the project and Snyder &
Associates reviewed shop drawings and visited the site during construction. The project was
constructed as per the plans and technical specifications for the project. Snyder & Associates
recommends acceptance of this project.
Sincerely,
SNYDER & ASSOCIATES, INC.
Donald P. Marner, PLA
DPM/dmb
Enc.
Snapshot of The Ames Foundation Income and Expense for the Miracle League Field and
Inclusive Playground Project as of October 31, 2020
In accordance with the July 31, 2018 agreement for construction of a Miracle League Field and Inclusive
Playground, The Ames Foundation will provide a financial report at the completion of the project at the
request of the City of Ames. A final report will be provided upon the completion of the projects
associated with the Community Attraction and Tourism grant. A snapshot of income and expenses to
date includes:
Expenses paid to date: $2,195,888
Anticipated Additional Expenses: $164,540
TOTAL Anticipated Expense: $2,360,428
Total Income to Date: $2,283,562
Additional Income Needed: $76,866
TOTAL Anticipated Income: $2,360,428
Income includes donations from the following sources:
8 Major Competitive Grants: over $700,000
More than 70 Businesses/Organizations/Foundations: over $750,000
Nearly 350 Individuals: over $800,000
In-Kind Donations and cost-reductions were received from multiple contractors totaling more than
$100,000.