Special Legislalitve Finance and Administration Committee Packet - REV 03-22-22

CITY OF DOVER, DELAWARE SPECIAL LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE MEETING Tuesday, March 22, 2022 at 6:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA THE AGENDA AND PACKET FOR THIS MEETING HAVE BEEN REVISED TO ADD ITEM #2 PROPOSED AMENDMENT TO POLICY FOR COUNCIL COMMUNITY ENHANCEMENT FUND EXPENDITURES Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (302-736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held in City Hall Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-408-418-9388 Link: https://rb.gy/cef1p6 Event number: 2336 683 2226 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. ADOPTION OF THE AGENDA 1. Evaluation of Bids - Switchgear Building for Garrison Oak Technology and Business Park (GOTBP) Substation (Paul Waddell, Electric Director) (Staff recommendation: Changing the award of ITB #22-0008EL from Siemens to Philadelphia Electric.) 2. Proposed amendment to Policy for Council Community Enhancement Fund Expenditures (Councilman Anderson) 3. American Rescue Plan Act (ARPA) Appropriation of Supplemental Funding 1

SPECIAL LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE MEETING - March 22, 2022 PAGE 2 ADJOURNMENT THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 2

Item 1. COMMITTEE ACTION FORM PROCEEDING: Council Committee of the Whole - Legislative, Finance and Administrative Committee DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: March 9, 2022 PREPARED BY: Paul Waddell, Electric Director SUBJECT: Evaluation of Bids – Switchgear Building for Garrison Oak Technology & Business Park (GOTBP) Substation REFERENCE: N/A RELATED PROJECT: EE2215 REVIEWED BY: Dave Hugg, City Manager EXHIBITS: N/A EXPENDITURE REQUIRED: $886,000 AMOUNT BUDGETED: $7,000,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Electric/163 Acct # 411-42-26-99-000-57060 TIMETABLE: Award upon Council Approval RECOMMENDED ACTION: Staff recommends changing the award of ITB #22-0008EL from Siemens to Philadelphia Electric. BACKGROUND AND ANALYSIS As part of the new GOTBP substation a Switchgear Building is to be installed. This piece of equipment will be used to house all the breakers, relays, and batteries. It will also provide circuit protection to the 69 kV and 12.47 kV lines coming into, and out of, the station as well as arc flash protection to internal equipment and personnel. The battery bank provides emergency DC voltage to power the protection relays in the event of AC voltage failure. The Invitation to Bid was solicited and advertised per the City Purchasing Policy by the Procurement Manager on August 19, 2021. It was posted on the city website and sent directly to multiple vendors the city knew could provide the material. Five (5) responses were received. The bid opening occurred on September 21, 2021, was taken to Council Committee of the Whole on November 23, 2021 and was approved by Council on December 13, 2021. The original recommendation was to award the contract to Siemens based upon the additional items received by the bidder and that Philadelphia Electric’s submission was deemed incomplete by the City. However, after a challenge by Philadelphia Electric and subsequent legal review from Schmittinger and Rodriquez, P.A., it was determined that Philadelphia Electric’s bid was the lowest responsive and responsible bidder as required by the purchasing policy. The Electric Department has contacted and confirmed that the price quoted in the original bid document will be honored. Due to the above, staff recommends changing the award of ITB #22-0008EL from Siemens to Philadelphia Electric. (In order to change the award to the low bidder, the City will be required to pay approximately fifteen percent of Siemens’ contract amount as they were previously given a notice to proceed.) Vendor All in Price Philadelphia Electric $886,000 ETI $1,051,375 Anixter – ABB $1,096,438 Siemens $1,187,158 Anixter – AZZ $2,263,945 3

Item 2. ACTION FORM PROCEEDING: Special Legislative, Finance, and Administration Committee MEETING DATE: 03/22/2022 DEPARTMENT OF ORIGIN: City Clerk’s Office on Behalf of Councilman Anderson PREPARED BY: Rachel Engle, Assistant City Clerk DATE SUBMITTED: 03/21/2022 SUBJECT: Proposed Amendment to Policy for Council Community Enhancement Fund Expenditures RELATED PROJECT: None APPROVALS: CCW/LF&A Committee and City Council EXHIBITS: Proposed Amendment to Policy for Council Community Enhancement Fund Expenditures EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget) N/A TIMETABLE: Committee recommendation to City Council on March 28, 2022. RECOMMENDED ACTION: Adoption of Proposed Amendment to Policy for Council Community Enhancement Fund Expenditures BACKGROUND AND ANALYSIS At the request of Councilman Anderson, a draft proposed amendment to the Policy for Council Community Enhancement Fund Expenditures was drafted for the Committee’s consideration. The amendment enables the use of Community Enhancement Funds to aid nonprofit assistance for those who suffered from natural or manmade disasters that effect multiple household members within the city limits. S:\CAFS\03-22-2022 - LF&A - Proposed Ammendment - Comm Enh Fund Policy.wpd 4

Item 2. City of Dover POLICY FOR COUNCIL COMMUNITY ENHANCEMENT FUND EXPENDITURES Preface In order to better serve the needs of their constituents, the Dover City Council established a line-item in the annual budget entitled "Discretionary Funding." These funds are to be used by each councilperson to enhance and provide support to community needs within each council district. As with all taxpayer funds, the public expects and deserves to know that discretionary funding is being used prudently to support organizations with the capacity and integrity to provide quality services free from conflict of interest for the citizens of Dover. Section 1- Expenditures for community project purposes authorized; limitation on amount; defined 1A. Provided members of council approve the Discretionary line-item in the annual budget, the City Council is authorized to expend city funds for community purposes. a. Each council member will be allotted funds for their districts. b. Council members should make a good faith effort to use their allotted funding to enhance their respective council districts. 1B. Community project purposes, as used in this section, shall be construed to mean and include the promoting of Dover or any advantage, facility, product, resource or attraction thereof or therein or the contributing to any State, County, municipal, civic or community project or the support and maintenance of any institution or organization having for its or their intent and purpose the creation or enhancement of good will for or toward the City of Dover and the citizens thereof, and all moneys expended or contributed, as aforesaid, are hereby declared to be expended or contributed for community project purposes and for a proper City purpose. 1C. Community enhancement funds may be used to aide nonprofit assistance for those who suffered from natural or manmade disasters that effect multiple household members within the city limits. Section 2-Process for Distribution of Funds; and Transparency 2A. The Councilperson making the request, will provide documentation (i.e. vendor invoice) to reimburse the individual/organization making the purchase for which they are providing assistance; or the City purchaser will purchase the item(s) on the City's credit card if the organization is a City sponsored organization. i. In the event that the individual/organization requesting funding from a councilperson lacks the funding to make the initial purchase in order to seek reimbursement under this process, the requesting organization/individual shall submit a formal letter to the 5

Policy for Council Community Enhancement Fund Expenditures Page 2 Item 2. councilperson outlining the specific uses of the funding being requested. This documentation shall be forwarded to the City Clerk's Office for review of any potential conflicts with current policy. Section 2-Process for Distribution of Funds; and Transparency (Continued) 2B. The City Clerk's Office will track account activity. It will be Council Members responsibility to adhere to their allotment or work among themselves for the distribution of funds. i. A monthly City Council's Community Enhancement Fund Report shall be included in the council packet to maintain transparency in the use of taxpayer funds. Section 3-Restrictions on the Use of Discretionary Funding 3A. All public funds, however awarded, must be used for a city purpose. In general, a City purpose is defined as an activity or service that is open to all members of the public regardless of race, creed, gender, religious affiliation, etc. without restriction, and which does not promote a particular religion. 3B. Programs and services provided by religious or religiously affiliated organizations must be able to demonstrate that the program is open to non-members, is not a religious program, and it does not promote religion. 3C. Closed membership groups-those to which membership is restricted or subject to membership based on prohibited factors may generally not receive funding. i. Groups that serve a particular population; for example, youth aged 12 to 16 in a particular community are not considered a closed membership group, as long as the program is open and accessible to all youth in the community. 3D. For profit entities may not receive discretionary funds except when the primary non-profit contractor subcontracts with a for profit entity as part of the delivery of services. Such subcontracts; however, must only be an ancillary part of the program to be funded, not the primary basis for the discretionary award, and must be approved by the contracting agency. 3E. Funds may only be allocated to a public purpose and may not support political activities and private interests. Section 4-Conflicts of Interest 4A. To prevent the abuse or misuse of the Council's discretionary funding authority, the following guidelines shall govern conflicts of interest between councilpersons, family, associates, and organizations receiving discretionary funding: i. Council members are prohibited from sponsoring discretionary funding for an organization at which the Member serves as an employee, officer, or board member. 6

Policy for Council Community Enhancement Fund Expenditures Page 3 Item 2. ii. Councilpersons may sponsor funding for an organization where an "associated" person, (a family member or other person with whom the councilperson has a financial or business relationship) is an officer or employee so long as the associated person will not benefit, or appear to benefit, from the funding. iii. Councilpersons are required to disclose on the record any potential or perceived conflicts of interests in regard to awarding discretionary funds. The City Solicitor shall review to determine if such a conflict exists prior to funds being expended. iv. Failure to report conflicts of interest or any misuse of a councilpersons discretionary funding are subject to the provisions of the City's Code of Ethics established by Council. S:\CLERK'S OFFICE MANUAL\ORIGINALS\COMMUNITY ENHANCEMENT FUND POLICY ADOPTED 01-22-2018 REV PROP.wpd Actions History 01/22/2018 - Adopted - City Council 7

Item 3. ACTION FORM PROCEEDING: Council Committee of The Whole (Legislative, Finance and Administration) DEPARTMENT OF ORIGIN: Planning & Community Development DATE SUBMITTED: 3/17/22 PREPARED BY: Tracey Harvey SUBJECT: American Rescue Plan Act (ARPA) proposed grant recommendations for Housing & Community Service Projects REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: Joint ARPA Subcommittee EXHIBITS: Proposed budget for ARPA recommendations EXPENDITURE REQUIRED: $1,378,978.00 AMOUNT BUDGETED: $1,378,978.00 FUNDING SOURCE (Dept./Page in CIP & Budget): ARPA funds TIME TIMETABLE: Pending Council approval, ARPA agreements will be prepared for execution and initiation of projects. RECOMMENDED ACTION: Award $1,378, 978.00 in ARPA funds to sub-grantees to carry out projects in response to Covid-19. BACKGROUND AND ANALYSIS The Joint ARPA Subcommittee has provided the proposed ARPA Grant allocation recommendations for Housing and Community Service Projects. The proposed grant funding recommendations will be allocated to the sub-grantees that submitted eligible projects that addressed the connection between the negative economic harm of Covid-19, and how the use of the funding would address the harm. The Treasury has interpreted that cost be incurred by December 31, 2024, and that recipients have obligated the funds by that date. The period of performance will run until December 31, 2026, which will provide recipients a reasonable amount of time to complete projects funded with Fiscal Recovery Funds. 8

Item 3. COMMUNITY DEVELOPMENT DEPARTMENT Department of Planning & Inspections P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7175 Fax (302) 736-4217 TO: Council Committee of the Whole (Legislative, Finance, and Administration) FROM: Tracey N. Harvey, CDBG Program Manager DATE: March 22, 2022 RE: American Rescue Plan Act (ARPA) proposed grant recommendations for Housing & Community Service Porjects ________________________________________________________________________________________ The following activities are projects to be funded with proposed recommended funding allocations by the Joint ARPA Subcommittee: Dover Interfaith Mission for Housing The proposed program will increase the provision of health services to include collaboration with a nurse practitioner to provide on-site services. Additional health education sessions will be provided to all residents and case management clients including information and encouragement regarding Covid-19 vaccines and routine testing. The budget includes 4.5 years of staffing and one time purchase of equipment and supplies Grant Request: $210,000 Recommended funded amount: $210,000 Central Delaware Habitat for Humanity ARPA funds will be used to cover the hard construction cost that includes materials and subcontractors for the development of 13 affordable housing units in the Downtown Development area. Grant Request: 260,000 Recommended funded amount: $260,000 Leon Weiner and Associates/ Dover Housing Authority ARPA funds will be used for the renovation of Owens Manor and Queens Manor that will total 110 senior subsidized housing units. Grant Request: $600,000 Recommended funded amount: $400,000 Central Delaware Housing Collaborative ARPA funds will be used to renovate an existing building acquired by the Collaborative that will be converted to Transitional Housing for women and children. Funds will also be used to supplement the payroll of staff due to circumstance from the impact of Covid-19. Grant Request: $250,000 Recommended funded amount: $250,000 9

Item 3. ARPA Grant Recommendations 2 Elizabeth Murphey School ARPA funds will be used to renovate areas of a property that will be acquired to serve at risk young adults to prevent the spread of Covid-19 by providing separate sleeping quarters and divided living areas for participants. Funds will also be used for duct replacement or professional cleaning and disinfecting of the HVAC system and MERV 13 filters on all ducts. Non-contact temperature scanning and covid test kits will also be purchased to prevent the spread of Covid-19. The recommend funding amount for this grant was increased to cover any potential work orders for renovations. Grant Request: $24,316 Recommended funded amount: $30,000 Peoples Church of Delaware ARPA funds will be used to rehabilitate the basement of a church that is used to shelter homeless men and prevent the spread of Covid -19. Grant Request: $153,978 Recommended funded amount: $153,978 Reading Assist ARPA funds will be used to tutor low-income students in kindergarten through 3rd grade in Dover’s highest needs elementary schools. Due to Covid -19, the amount of learning loss due to school absences and teacher shortages, the students have experienced an even greater loss in learning called the Covid slide. Reading assist will support struggling readers during the 2022- 2023 school year with daily individualized high dosage tutoring during the school day as well with individualized daily tutoring in afterschool programs. Grant Request: $100,000 Recommended funded amount: $75,000 Total recommendations for funding request: $1,378,978.00 10