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HomeMy WebLinkAbout2012-08-21 ResolutionKu� �cL�) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 12-,166 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license /permit, to wit: Iowa City Fall Fun Festival - 2140 Rochester Avenue Passed and approved this 21st day of August , 20 12 ATTEST: r% d CIT CLERK Approved by City Attorney's Office It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens -X— Dobyns x Hayek —X— Mims x Payne Throgmorton M4-� Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5041 RESOLUTION NO. 2 -367 RESOLUTION ABOLISHING THE YOUTH ADVISORY COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND REPEALING RESOLUTION NO. 05 -371. 08-2r.T — 3d(1) WHEREAS, the City Council of Iowa City established a Youth Advisory Commission in November 2005; and WHEREAS, Iowa City Council has decided to evaluate the need for various boards and commissions that citizens serve on, especially those that have struggled to fill vacancies; and WHEREAS, after discussion at the July 31 work session the Council has decided to dissolve the Youth Advisory Commission as a formal commission, and to call an ad hoc committee made of young Iowa Citians when issues relevant to their age group comes up.; and WHEREAS, Council encourages Iowa City youth to meet as needed and communicate concerns to the City Council relevant to Iowa City youth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Youth Advisory Commission is hereby abolished for the City of Iowa City. 2. Resolution No. 05 -371 is hereby repealed. Passed and approved this 21stday of August , 2012. ATTEST: M,W NAM, i � 0 a = - tro7 "by- City Attorney's Office F - )y /a Resolution No. 12 -367 Page 2 It was moved by C;hamnion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x —X_ X x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Chris O'Brien, Director of Transportation Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5156 RESOLUTION NO. 19-,16g RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A LEASE AGREEMENT WITH BURLINGTON TRAILWAYS FOR LEASE OF COURT STREET TRANSPORTATION CENTER SPACE. WHEREAS, Greyhound Lines Inc. has terminated bus service to Iowa City as well as the lease of approximately 1,963 square feet of ground floor commercial space within the Court Street Transportation Center; and WHEREAS, Burlington Trailways, wishes to continue to operate bus service from the Court Street Transportation Center; and WHEREAS, Burlington Trailways has negotiated with City staff for lease terms to facilitate the continuation of bus service to and from Iowa City; and WHEREAS, staff feels the terms of the Lease are fair and appropriate; and WHEREAS, approval of the Lease is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached Lease is approved. 2. The Mayor and the City Clerk are authorized and directed to respectively execute and attest the Lease attached hereto. 3. The City Manager is hereby authorized to execute any renewal options, as provided in the attached Lease. Passed and approved this gist day of August , 20___L2_ MAYOR ATTEST: Zf�- 2ea� CITY ERK Approved by City Attorney's Office Resolution No. 12_369 Page 2 It was moved by Champion. and seconded by _ payne the Resolution be adopted, and upon roll call there were: AYES: x _x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton LEASE BETWEEN THE CITY OF IOWA CITY AND BURLINGTON TRAI LWAYS This Lease Agreement ( "Lease ") is made by and between the City of Iowa City ( "City" or "Landlord ") and Burlington Stagelines, Ltd., d /b /a Burlington Trailways ( "Tenant ") in Iowa City, Iowa. RECITALS A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain premises situated in the City of Iowa City, State of Iowa, commonly known as the Court Street Transportation Center, and has the authority to lease said premises. B. Burlington Stagelines, Ltd. is an Iowa Corporation, doing business as Burlington Trailways. C. The parties desire to enter into a lease for space in the Court Street Transportation Center. In consideration of the foregoing and the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Landlord and Tenant hereby agree as follows: AGREEMENT DATE. This Lease is made to be effective as of August 16, 2012. 2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases and takes from Landlord for the Term the real property comprising approximately 1,963 square feet of floor space located on the ground floor of the southeast corner of the Court Street Transportation Center more particularly described in the site plan on Exhibit "A" (the "Premises ") attached hereto and incorporated herein, together with the continuous and uninterrupted right of access to and from the Premises. 3. TERM. The term of this Lease ( "Term ") shall be three (3) years, commencing on Aug u s t 16, 2012 ( "Commencement Date ") and extending through August 15, 2015 unless sooner terminated pursuant to any provision hereof. Option to Renew. With the exception of Section 5 entitled "rent," Tenant shall have the option to renew this Lease upon the same terms and conditions contained herein for five (5) successive three (3) year terms following the initial term. Tenant shall be required to give notice to Landlord, in writing, not less than 180 days prior to the expiration of the preceding term of Tenant's intent to exercise an option for a renewal term. Rent shall be renegotiated by the parties prior to the beginning of each of the five (5) renewal terms. 4. FITOUT. Tenant shall be responsible for any and all fit -out required. 5. RENT. Tenant shall pay to Landlord as rent for the use of the Premises the following sums, payable in advance on or before the first day of each calendar month of the Term: Year 1: $1,300.00 per month Year 2: $1,350.00 per month Year 3: $1,400.00 per month Year 1 shall begin on the Commencement Date, and each subsequent year shall begin on the anniversary of the Commencement Date. Rent for any period less than one month shall be a pro rata portion of the monthly installment. Rent shall be payable to Landlord at its address at Accounting Dept., City Hall, 410 E. Washington St., Iowa City, IA 52240 or to such other address as Landlord may designate by written notice as provided herein. 6. UTILITIES AND JANITORIAL. Tenant shall pay for all separately metered regular utility charges related to the use of the Premises, including all water, sewer, gas, electricity, and telephone. Tenant shall pay for all janitorial services and regular cleaning service to the Premises. 7. USE OF PREMISES. Tenant shall use the Premises for the conduct of Tenant's operation of a bus terminal and the handling of passengers, baggage and package express and any other activities reasonably related thereto. 8. QUIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant observes and performs all of the agreements and covenants required of it hereunder, Tenant shall peaceable and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by Landlord. If Tenant's use of the Premises is limited or denied through rezoning, environmental impact edict, or other action of any public or quasi - public agency or governmental authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action and the rent applying to the unexpired portion of the Term will abate. 9. REPRESENTATIONS WARRANTIES AND COVENANTS OF TITLE. Landlord hereby represents, warrants and covenants to Tenant that as of the Commencement Date: (a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant the estate demised herein and to execute and perform all of the terms, provisions, covenants and agreements provided in this Lease; (b) to the best of its knowledge, the Premises complies with all applicable zoning requirements, ordinances, regulations, and all applicable laws, affecting the Premises or required in Tenant's use of the Premises or common areas appurtenant to the Premises, including the Americans with Disabilities Act (or other laws affecting handicapped access) and any environmental impact or traffic studies or requirements; and (c) the Premises does not contain any asbestos or Hazardous Materials (as defined in Section 28 herein) and Landlord is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on under or about the Premises including, but not limited to, soil and ground water condition, and that no previous occupant of the Premises has used, generated, manufactured, stored or disposed of on, under or about the Premises any Hazardous Materials, as determined by a Court of competent jurisdiction. 10. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or sublease all or a part of the Premises for any purpose, without the prior written consent of Landlord. If Tenant subleases all or a part of the Premises with Landlord's written consent, Tenant agrees to remain primarily liable for the payment of rent for the remaining term of this Lease. 11. ALTERATIONS, IMPROVEMENTS AND ADDITIONS. Tenant, without Landlord's consent, may make any alterations, improvements, or additions in, on or about the Premises, which Tenant may deem necessary or desirable, except for structural repairs and maintenance, which are the sole obligation of Landlord, provided such alteration, improvement, or addition costs not more than one thousand dollars ($1,000.00). In seeking Landlord's approval, Tenant shall submit a written description of the proposed work along with plans and drawings respecting the same to Landlord for Landlord's approval, which approval shall not be unreasonably delayed or withhold. Tenant, at its option, may remove such alterations, improvements, or additions made by it in, on or about the Premises if the removal may be done without structural damage to the Premises. Tenant's personal property and its trade fixtures, including all machinery, equipment and furnishings, shall remain the property of Tenant and may be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or additions not removed by Tenant by the end of the Term shall automatically become the property of Landlord. Landlord shall, at its sole expense, make any alterations, improvements or additions to the Promises (structural or non - structural) that may be required on account of any existing or future laws of any governmental authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the nature of Tenant's business. In no event shall Tenant make any changes, modifications, alternations, or additional to the exterior of the Premises without Landlords' specific written approval, notwithstanding any provision contained herein to the contrary. 12. REPAIRS AND MAINTENANCE. Tenant shall make ordinary interior repairs in the Premises, including for plumbing and electrical fixtures, and be responsible for maintenance of all floor coverings, HVAC (including all fixtures and facilities related to the HVAC system), water pipes inside the Premises, doors (excluding the fire door), fixtures, wall coverings, and flooring, as well as be responsible for protecting against insect and pest infestation. Landlord shall maintain and promptly make all exterior repairs and common area maintenance, and will repair and maintain the sprinkler system (unless damage is caused by Tenant or Tenant's customers, employees, agents, or subcontractors), subfloors (excluding floor coverings), roof (including water tightness), foundation, footings, Building Systems (as herein defined) and structural repairs, support systems, strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, or damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. Tenant shall promptly notify Landlord of any known defect, damage, decay or dangerous condition associated with the Building System. As used herein, 'Building Systems' means the building utility elements essential for Tenant's use and occupancy of the Premises including, but not limited to, such systems as are not readily accessible to Tenant, such as underground water, sewer, electric and other utility lines and all elevator services and maintenance services related to the 3 Premises. Tenant shall surrender the Premises in as good order, repair and condition, or better, as the same were in the commencement of the Term, damage by fire and items covered by extended coverage insurance, unavoidable casualty, reasonable wear and tear, alterations, improvements and additions made by Tenant and Landlord's failure to repair excepted. Tenant shall also purchase a maintenance contract for the HVAC system, providing for the quarterly inspection and maintenance of the system. 13. SIGNAGE. Tenant may install up to three (3) signs complying with Iowa City's sign ordinance. All such signs must be approved in advance by Landlord. 14. TAXES. Tenant, during all terms, shall be responsible for all general ad valorem real estate taxes and assessments which may be imposed upon the Premises. Tenant shall further pay all taxes assessed against and levied upon Tenant's trade fixtures, and all other personal property of Tenant contained in the Premises. As used herein, the term 'real estate tax "' includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy, penalty, or tax imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof or any public or quasi - public agency or governmental authority, upon any legal or equitable interest of Landlord in the Premises, upon Landlord's right to rent or business of leasing the Premises, or upon Tenant's use or occupancy of the Premises. Tenant shall pay, as additional rent, on the 1St day of each month during the term of this lease an amount calculated by Landlord to provide for payment installments of real estate taxes and special assessments, as those payments accrue. The monthly payment shall be adjusted from time to time as the costs of real estate taxes are known so that the amount held by landlord will be sufficient to pay those obligations in full and in a timely manner. Any deficiency in the amount necessary to timely pay the obligations provided for shall be promptly reimbursed by Tenant upon notice. At the end of the lease period a reconciliation will take place to refund any excess funds collected by Landlord to Tenant, or for Tenant to pay Landlord whatever additional sums are needed to account for all taxes accrued during Tenant's tenancy. Tenant and Landlord agree to promptly provide the other with copies of statements for taxes so that payment can be made in a timely manner and each can document the amount of the payments due and made. 15. INSURANCE. Tenant covenants and agrees that it will at its own expense procure and maintain general liability and auto liability insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coverage a. Comprehensive General Liability (1) Bodily Injury & Property Damage Each Occurrence Aggregate $1,000,000 $2,000,000 b. Automobile Liability Combined Single Limit 4 (1) Bodily Injury & Property Damage $1,000,000 C. Excess Liability $1,000,000 $1,000,000 d. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance. Notwithstanding any provision herein to the contrary, Tenant may satisfy its insurance obligations hereunder by self- insuring any or all of its insurance liabilities and Tenant shall, upon Landlord's request, furnish certificates evidencing such coverage. 16. INDEMNITY. Landlord hereby disclaims, and Tenant hereby releases the Landlord from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the property of Tenant that may be located or stored in the Premises, unless such loss, damage or injury is caused by the Landlord's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Premises under this Lease. 17. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part by fire or other casualty, Landlord shall repair and restore the Premises to a good tenantable condition. All rent shall wholly abate in case the entire Premises is untenantable, or shall abate pro rata for the portion rendered untenantable in case a part only is untenantable, until the Premises is restored to a tenantable condition. Landlord shall commence and complete all work required to be done under this Section with reasonable promptness and diligence. In the event Landlord repairs or restores the Premises, the rent due under this Lease shall be abated or reduced proportionately during any period which, by reason of such damage or destruction, there is any interference with the operation of the business of Tenant. If Landlord does not commence the repair or restoration within fifteen (15) days after the damage or destruction occurs, or if repair or restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this Lease by giving Landlord notice of Tenant's election to do so at any time prior to the commencement of the repair or restoration. In that event, this Lease shall terminate as of the date of such damage or destruction. 18. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation or under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation "), this Lease, at Tenant's sole discretion, shall automatically terminate as of the date the condemning authority takes title or possession, whichever occurs first. If any other taking (of the Premises or otherwise) adversely and substantially affects Tenant's use, access, or rights of ingress or egress of or to the Premises, then Tenant may elect to terminate this Lease as of the date the condemning authority takes possession. Tenant's election to terminate shall be made in writing within thirty (30) days after Landlord has given Tenant written notice of the taking (or in the absence of such notice, within fifteen (15) 5 days after the condemning authority has taken possession). If Tenant does not terminate this Lease in accordance with this Section. This Lease shall remain in full force and effect as to the portion of the Premises remaining, except that rent shall be reduced in the proportion that the area taken diminishes the value and use of the Premises to Tenant. In addition, Landlord, at its expense, shall promptly repair any damage to the Premises caused by condemnation and restore the remainder of the Premises to the reasonable satisfaction of Tenant. Any award or payment made upon condemnation of all or any part of the Premises shall be the property of Landlord, whether such award or payment is made as compensation for the taking of the fee or as severance damages; provided Tenant shall be entitled to the portion of any such award or payment for loss of or damage to Tenant's trade fixtures, removable personal property, and additions, alterations and improvements made to the Premises by Tenant, and for its loss of business or the leasehold herein created or any other consequential or special damages, such as Tenant's relocation and moving expenses. 19. DEFAULTS. The following shall constitute "Events of Default ": (a) Monetary. Tenant shall fail to pay Rent at the time required or any other monetary obligation or payment required under this Lease when due, and such failure shall continue for a period often (10) days following written notice from Landlord to Tenant; or- (b) Non - performance. Tenant shall fail to observe or perform any of the other covenants, terms or conditions contained in the Lease, or a warranty made by Tenant shall fail to be accurate and complete, and such failure shall continue and not be cured for a period of thirty (30) days after written notice by Landlord to Tenant, provided that if the default is not reasonably susceptible of being cured within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such cure or fails thereafter to diligently pursue such efforts to completion; or (c) Bankruptcy: Receivership. If (i) Tenant files a petition in bankruptcy or for reorganization or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or if a petition or answer proposing the adjudication of Tenant as a bankrupt or a reorganization of Tenant under any present or future federal or state bankruptcy law or any similar federal or state law is filed in any court and such petition or answer is not discharged or denied within thirty (30) days after the filing thereof; or (ii) A receiver, trustee or liquidator of Tenant of all or substantially all of the assets of Tenant or of the Leased Premises or any portion thereof is appointed in any proceeding brought by or against Tenant and is not discharged within thirty (30) days after such appointment or if Tenant consents to or acquiesces in such appointment. 20. REMEDIES. Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during the continuance of such Event of Default, Landlord may take any of the following actions and shall have the following rights against Tenant: (a) Termination. Landlord may elect to terminate the Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time 11 specified in such notice, this Lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in Section (c) below. (b) Eviction. Landlord shall have the immediate right upon termination of this Lease to bring an action for forcible entry and detainer. (c) Tenant to Remain Liable. No termination of this Lease pursuant to the provisions of this Lease, by operation of law or otherwise, and no repossession of the Premises or any part thereof pursuant to this Lease or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession or reletting. (d) Damages. In the event of any termination of this Lease or eviction from or repossession of the Premises or any part thereof by reason of the occurrence of an Event of Default: (i) Rent and Charges. Tenant shall pay to Landlord the Rent and other sums and charges required to be paid by Tenant for the period to and including the end of the Term or expiration of an option period as provided for by Section 3 above, whichever is later. (ii) Leased Premises. Landlord shall be entitled to offset any amount owing by Tenant under the preceding section, (d)(i), against any "value added damages" Landlord may be liable for pursuant to this Lease. (e) Rights Cumulative, Non - Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at.law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy allowed to Landlord at law or in equity. (f) Landlord's Right to Cure. If after written notice, Tenant fails to pay any utilities charges described in Section 5, insurance premiums described in Section 15, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid under the Lease, Landlord shall have the right, but not the obligation, to make all such payments, and in addition to its other remedies under this Lease, Landlord shall have the option of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the "Default Rate "). (g) Late Charge, Default Rate. If Landlord does not receive payment of any installment of Rent or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after the same falls due (regardless of whether Tenant has received notice of the- delinquency), Landlord may impose a late charge equal to five percent (5 %) of the amount of such delinquent sum and if such 7 sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from the due date until the date paid. (h) Landlord's Lien. Landlord shall have a lien against Tenant's leasehold estate, Tenant's Improvements and all property of Tenant located at the Premises, (excluding coaches) to secure any obligations of Tenant to Landlord arising pursuant to the provisions of this Lease. (i) Non - Waiver. The failure of Landlord to insist upon strict performance of any of the covenants or conditions of the Lease, or to exercise any options herein conferred in any one or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. The receipt by Landlord of any Rent or any other sum payable hereunder with knowledge of the breach of any covenants or agreements contained herein shall not be deemed a waiver of such breach. 21. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration or termination of this Lease, and without the execution of a new Lease, Tenant shall be deemed to be occupying the Premises as a tenant from month -to- month, subject to all of the conditions, provisions and obligations of this Lease insofar as they are applicable to a month -to -month tenancy. 22. ACCESS BY LANDLORD. (a) Landlord or Landlord's agents, representatives or employees shall have the right at any time upon at least twenty -four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Premises for the purposes of inspecting the same, determining whether this Lease is being complied with, and curing (as permitted herein) any default by Tenant. (b) Landlord or Landlord's agents, representatives, or employees shall have the right whenever necessary and without notice to enter upon the Premises for the purpose of repairing or maintaining any of Landlord's property adjacent to or abutting the Premises. 23. NON - DISCRIMINATION. Tenant covenants, in consideration of the right to lease the Premises that Tenant, its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. Tenant shall remain in compliance with all requirements of 49 C.F.R. Part 21, Non - Discrimination in Federally Assisted Programs of the Department of Transportation. The prohibition of discrimination based upon sexual orientation does not require the Tenant to provide equitable benefits to domestic partners. 24. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and enforcement of this Lease 25. NOTICES. Notices, statements and other communications to be given under the H. terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to Landlord: Director of Transportation Services 1200 S. Riverside Dr Iowa City, IA 52240 With copies to: City Attorney 410 E. Washington St. Iowa City, IA 52240 If to Tenant: Burlington Trailways P.O. Box 531 West Burlington, IA 52655 The address and person for written communication may be changed upon ten (10) days' written notice to the other party. 26. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or through them hereby mutually release and discharge each other, any other tenants or occupants of the building in which the Premises is located, and the officers, employees, agents, representatives, customers and business visitors of Landlord or Tenant or such other tenants or occupants, from all claims, losses and liabilities arising from or caused by any hazard covered by insurance on or in connection with the Premises or said building, even if caused by the fault or negligence of a released party. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 27. ENVIRONMENTAL MATTERS. Tenant will comply with all environmental laws during the term of the Lease, but shall bear no liability whatsoever and shall not assume any conditions for any existing environmental materials or Hazardous Materials on the Premises. Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all loss, damage, liability and expense (including reasonable attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to environmental conditions, Hazardous Materials or any other environmental laws and regulations not directly resulting from Tenant's activities on the Premises. 28. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to which is prohibited or regulated by any governmental authority having jurisdiction over the Premises, any substances defined as 'hazardous substances," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, by Superfund Amendments and Reauthorization Act 42 U.S.C. §6901, et seq.; the Hazardous Materials Transportation Ad, 42 U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. §7901, et seq.; Toxic Substances Control Act, 15 U.S.C. §2601, et seq.; Clean Water Act, 33 U.S.C. §1251, et seq.; the laws, regulations or rulings of the state in which the Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 29. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease, 0 as determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this Lease or any other provision hereof. 30. ENTIRE AGREEMENT. This Lease and any addenda and exhibits attached hereto or to be attached hereto, set forth all of the covenants, promises, agreements, and conditions between Landlord and Tenant concerning the Premises and this Lease and there are no covenants, promises, agreements or conditions, either oral or written, between them. This Lease may not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. 31. BINDING EFFECT. The covenants, conditions and agreements contained in the Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 32. ATTORNEY FEES. If either party named herein brings an action to enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to its reasonable attorney's fees to be paid by losing party as fixed by the court. In the event in -house counsel is used, the rate charged shall be $200 per hour. 33. HEADING. Headings as to the contents of particular sections herein are inserted only for convenience, and are in no way to be construed as a part of the Lease or as a limitation on the scope of the particular section to which they refer. 34. COUNTERPARTS. This Lease may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together, constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. Landlord: Tenant: CITY OF IOWA CITY B RLI ON ST GELI ES, LTD. Mayor Name, litle Attest: City 64erk Qi7 CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 5T On this al day of A Ltc, Lkv— , 2012, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. r SONDRAE FORT Commission Number 159791 Sa,,4, — VJ� uw M3C Commission 1i 0 Expires Notary Public in and for the State of Iowa BURLINGTON STAGELINES, LTD. ACKNOWLEDGMENT STATE OF Iowa ) ) SS: 1)tis Mn',nsr COUNTY ) On this 2o}i, day of - , 2012, before me, the undersigned, a Notary Public in and for the -State of Iowa, personally appeared P r4,A or q, , py-e�, "%Ch'i-v)k- of Burlington Stagelines, Ltd. to me personally known, who being by me duly sworn, did identify himself as RInfVAck M6ry� Py-F cickfr4 of Burlington Stagelines, Ltd. and acknowledge the execution of the instrument to be his own voluntary act and deed, and that of Burlington Stagelines, Ltd. Approved: City Attorney Notary) Public(N and for the State of Iowa 11 RAELYNN ANN DEAN Notarial seal - Iowa Commission # 773552 My commission Expires 617-& t5 m 0 N [D i 0 W� O 3 cl_ 8i EXHIBIT 1 ®IIII j ,0-,II O w LL- OLL- v lid l)n V9019 m — Q LO m m LO I / \ — lz co vbolg m Q � m S ln� .o- ..3C \(�,) LEASE BETWEEN THE CITY OF IOWA CITY AND BURLINGTON TRAILWAYS This Lease Agreement ( "Lease ") is made by and between the C' y of Iowa City ( "City" or "Landlord ") and Burlington Stagelines, Ltd., d /b /a Burlington Trailw ys ( "Tenant ") in Iowa City, Iowa. RECITALS A. The City of Iowa City, a unicipal corporation, is a owner of fee title to certain premises situated in the City of Iowa City, State of I wa, commonly known as the Court Street Transportation Center, a d has the authority to, ease said premises. B. Burlington Stagelines, Ltd. is an \aas(e orporation�.�doing business as Burlington Trailways. C. The parties desire to enter into for spice in the Court Street Transportation Center. / In consideration of the foregoing and the m Xeant I covenants hereinafter contained, and for other good and valuable consideration, the eipt and sufficiency of which are hereby acknowledged by the parties, Landlord and hereby agree as follows: RE 1. DATE. This Lease is maAe to be 2. PREMISES. LandlordItlereby leases to takes from Landlord for the Term to real property com of floor space located on the ound floor of the s Transportation Center more p rticularly described in "Premises ") attached hereto ghd incorporated herein, uninterrupted right of access and from the Premises. as of August 16, 2012. enant and Tenant hereby leases and ising approximately 1,963 square feet o theast corner of the Court Street le site plan on Exhibit "A" (the to_ ether with the continuous and 3. TERM. The rm of this Lease ( "Term ") shall be ree (3) years, commencing on Aug u s t 16, 2012 Commencement Date ") and extending t ough August 15, 2015 unless sooner terminated pursybnt to any provision hereof. Option to F3edew. With the exception of Section 5 entitled " nt," Tenant shall have the option to renew this Lease upon the same terms and condition contained herein for five (5) successive three (3) year terms following the initial term. Tena shall be required to give notice to Landlord, in writing, not less than 180 days prior to the expiration of the preceding term of Tenant's intent to exercise an option for a renewal term. Rent shall be renegotiated by the parties prior to the beginning of each of the five (5) renewal terms. 4. FITOUT. Tenant shall be responsible for any and all fit -out required. 5. RENT. Tenant shall pay to Landlord as rent for the use of the Premises the following sums, payable in advance on or before the first day of each calendar month of the Term: Year 1: $1,300.00 per month Year 2: $1,350.00 per month Year 3: $1,400.00 per month Year 1 shall begin on the Commencement Date, and each subs quent year shall begin on the anniversary of the Commencement Date. Rent for any period If than one month shall be a pro rata portion of the mont ly installment. Rent shall be pay Able to Landlord at its address at Accounting Dept., City Hal 410 E. Washington St., Iowa City, IA 52240 or to such other address as Landlord may desig to by written notice as provi ed herein. 6. UTILITIES AND JANJTORIAL. Tenant sh I pay for all separately metered regular utility charges related to th use of the Premi s, including all water, sewer, gas, electricity, and telephone. Tenant sha pay for all ja ' orial services and regular cleaning service to the Premises. 7. USE OF PREMISES. Tenants II use a Premises for the conduct of Tenant's operation of a bus terminal and the handlin of p sengers, baggage and package express and any other activities reasonably related there 8. QUIET ENJOYMENT. Landlord Tenant observes and performs all of the hereunder, Tenant shall peaceable and quiet nants and agrees that so long as cements and covenants required of it hold and enjoy the Premises for the Term without any encumbrance, interference br hind r nce by Landlord. If Tenant's use of the Premises is limited or denied through rezoni g, enviro mental impact edict, or other action of any public or quasi - public agency or gover mental auth rity, this Lease, at the sole option of Tenant, shall terminate as of the effectiv date of such action and the rent applying to the unexpired portion of the Term will abate. 9. REPRESENTATIONS WA RANTIES AND C VENANTS OF TITLE. Landlord hereby represents, warrants and coven is to Tenant that as o `the Commencement Date: (a) Landlord is the sole ner in fee simple of tha, Premises and has full right, power and authority to grant the a tate demised herein and t execute and perform all of the terms, provisions, covenants an agreements provided in this L ase; (b) to the best of its t owledge, the Premises complies ith all applicable zoning requirements, ordinances, regula tions, and all applicable laws, affqcting the Premises or required in Tenant's use of to Premises or common areas appurtenant to the Premises, including the Americans with Disabilities Act (or other laws affecting handicapped access) and any environmental impact or traffic studies or requirements; and (c) the Premises does not contain any asbestos or Hazardous Materials (as defined in Section 28 herein) and Landlord is not in violation of any federal, state or local law, 2 ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Premises including, but not limited to, soil and ground water condition, and that no previous occupant of the Premises has used, generated, manufactured, stored or disposed of on, under or about the Premises any Hazardous Materials, as determined by a Court of competent jurisdiction. 10. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or sublease all or a part of the Premises for any purpose, without the prior written consent of Landlord. If Tenant subleases all or a part of the Premises with Landlord's written consent, Tenant agrees to remain primarily liable for the payment of rent for e remaining term of this Lease. / 11. ALTERATIONS, IMPROVEMENTS AND ADDITIONS./Tenant, without Landlord's consent, may make any alterations, improvements, or addi ions in, on or about the Premises, which Tenant may deem necessary or desirable, ex ept for structural repairs and maintenance, which ar the sole obligation of Landlor provided such alteration, improvement, or addition osts not more than one thousand dollars ($1,000.00). In seeking Landlord's approval, Tenan shall submit a written descriptio of the proposed work along with plans and drawings respectiN the same to Landlord for L dlord's approval, which approval shall not be unreasonably d ayed or withhold. Tenant at its option, may remove such alterations, improvements, or ad tions made by it in, on about the Premises if the removal may be done without structural d age to the Premise . Tenant's personal property and its trade fixtures, including all machine , equipment and f rnishings, shall remain the property of Tenant and may be remove by Tenant. y personal property, trade fixtures, alterations, improvements, or additions of removed y Tenant by the end of the Term shall automatically become the property of La lord. Lan ord shall, at its sole expense, make any alterations, improvements or additions to t Promi s (structural or non - structural) that may be required on account of any existing or ture I ws of any governmental authority, except alterations, improvements or additions to the re ises as may be required solely by reason of the nature of Tenant's business. In n vent shall Tenant make any changes, modifications, alternations, or additional to the xterior of the Premises without Landlords' specific written approval, notwithstanding any o 'sion contained herein to the contrary. 12. REPAIRS AND MAINTENANCE. enant hall make ordinary interior repairs in the Premises, including for plumbing and electric I fixtures, and be responsible for maintenance of all floor coverings, HVAC (including all fixtur s and facili s related to the HVAC system), water pipes inside the Premises, doors (excludin the fire door), fixtures, wall coverings, and flooring, as well as be responsible for protecting against insect nd pest infestation. Landlord shall maintain and promptly make all exterior r pairs and commo area maintenance, and will repair and maintain the sprinkler system (unles damage is caused y Tenant or Tenant's customers, employees, agents, or subcontractors) subfloors (excluding loor coverings), roof (including water tightness), foundation, footings, Building Systems (as erein defined) and structural repairs, support systems, strengthenin s, alterations, reconstructs ns, or additions necessitated by reason of lapse of time, weakness r decay, or damage to or truction of the Premises, or to any part thereof, or which may, t any time, be required by y governmental or public authority, except for any damage c sed solely by Tenant's neglige ce. Tenant shall promptly notify Landlord of any known defect damage, decay or dangerous con ition associated with the Building System. As used herei , 'Building Systems' means the ilding utility elements essential for Tenant's use and o cupancy of the Premises including, but not limited to, such systems as are not readily acce sible to Tenant, such as underground water, sewer, electric and other utility lines and all elevator services and maintenance services related to the 3 Premises. Tenant shall surrender the Premises in as good order, repair and condition, or better, as the same were in the commencement of the Term, damage by fire and items covered by extended coverage insurance, unavoidable casualty, reasonable wear and tear, alterations, improvements and additions made by Tenant and Landlord's failure to repair excepted. Tenant shall also purchase a maintenance contract for the HVAC system, providing for the quarterly inspection and maintenance of the system. 13. SIGNAGE. Tenant may install up to three (3) signs cgMplying with Iowa City's sign ordinance. All such signs must be approved in advance by Landl d. 14. TAXES. Tenant, during all terms, shall be respo ible for all general ad valorem real estate taxes and assessments which may be imposed pon the Premises. Tenant shall further pay all [axe assessed against and levied upon Ter/ant's trade fixtures, and all other personal property o Tenant contained in the Premises. A used herein, the term 'real estate tax "' includes any f m of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy, pe Ity, or tax imposed by any author' y having the direct or indirect power to tax, including any ci , county, state or federal F,erest ernment, or any school, agricultural, lighting, drainage or other ' provement district therer any public or quasi - public agency or governmental authority, upo any legal or equitable i of Landlord in the Premises, upon Landlord's right to rent or busi ess of leasing the Preises, or upon Tenant's use or occupancy of the Premises. Tenant shall pay, as addition I rent, on the st day of each month during the term of this lease an amount calculated by Landl d to provi for payment installments of real estate taxes and special assessments, as those pay from time to time as the costs of real est< landlord will be sufficient to pay those ob rue. The monthly payment shall be adjusted �s are known so that the amount held by s in full and in a timely manner. Any deficiency in the amount necessary to ly pay the obligations provided for shall be promptly reimbursed by Tenant upon notic . A he end of the lease period a reconciliation will take place to refund any excess funds col cted Landlord to Tenant, or for Tenant to pay Landlord whatever additional sums are eded to ccount for all taxes accrued during Tenant's tenancy. Tenant and Landlord agree to promply provide the oth r with copies of statements for taxes so that payment can be made in /tdauto manner and each an document the amount of the payments due and made. 15. INSURANCE. Teenants and agrees that it will at its own expense procure and maintain general liability liability insurance in a c pany or companies authorized to do business in the State of the following amounts: Type of Coverage a. Comprehensive G eral Liability (1) Bodily Injury,& Property Damage b. Automobile Liability Each Occurrence $1,000,000 Combined Single Limit 4 Aggregate $2,000,000 (1) Bodily Injury & Property Damage C. Excess Liability $1,000,000 $1,000,000 $1,000,000 d. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance. Notwithstanding any prove ion herein to the contrary, Tenant may satisfy its insurance obligations hereunder by -insuring any or all of its insurance liabilities a d Tenant shall, upon Landlord's request, furnish certificates evidencing such coverage. 16. INDEMNITY. Landlord hereby disclaim/nb re nt hereby releases the Landlord from any and all liability, whether in contract or clu ing strict liability and negligence) for any loss, damage or i 'ury of any nature wha ustained by Tenant, its employees, agents or invitees during th term of this Lease, i ,but not limited to, loss, damage or injury to the property of Ten t that may be locastored in the Premises, unless such loss, damage or injury is ca ed by the Landgross negligence or intentional willful misconduct. The parties hereby gree that under mstances shall the Landlord be liable for indirect, consequential, special r exemplary da, whether in contract or tort (including strict liability and negligence), such but not lim, loss of revenue or anticipated profits or other damage related to the leasin of the Premder this Lease. 17. DAMAGE OR DESTIR TI U If or in part by fire or other casualty, La loi good tenantable condition. All rent sha untenantable, or shall abate pro rata for the is untenantable, until the Premises is re tc commence and complete all work requir d / Premises is damaged or destroyed in whole shall repair and restore the Premises to a lolly abate in case the entire Premises is rtion rendered untenantable in case a part only ,d to a tenantable condition. Landlord shall be done under this Section with reasonable promptness and diligence. In the even Landl d repairs or restores the Premises, the rent due under this Lease shall be abated reduced roportionately during any period which, by reason of such damage or destructio , there is y interference with the operation of the business of Tenant. If Landlord does of commence he repair or restoration within fifteen (15) days after the damage or destructio occurs, or if re it or restoration will require more than ninety (90) days to complete, Ten t may, at Tenant's ption, terminate this Lease by giving Landlord notice of Tenant's electi to do so at any tim prior to the commencement of the repair or restoration. In that even , this Lease shall termina as of the date of such damage or destruction. 18. CONDEMNATIO If all the Premises or a sub antial portion thereof is taken by condemnation or under a power of eminent domain, or sold under the threat of the exercise of said power (all f which are herein called "condemna on "), this Lease, at Tenant's sole discretion, shall auto atically terminate as of the date the ndemning authority takes title or possession, which er occurs first. If any other taking (of the Premises or otherwise) adversely and substantially affects Tenant's use, a cess, or rights of ingress or egress of or to the Premises, then Tenant may elect to terminate/this Lease as of the date the condemning authority takes possession. Tenant's election tot rminate shall be made in writing within thirty (30) days after Landlord has given Tenant written notice of the taking (or in the absence of such notice, within fifteen (15) 5 days after the condemning authority has taken possession). If Tenant does not terminate this Lease in accordance with this Section. This Lease shall remain in full force and effect as to the portion of the Premises remaining, except that rent shall be reduced in the proportion that the area taken diminishes the value and use of the Premises to Tenant. In addition, Landlord, at its expense, shall promptly repair any damage to the Premises caused by condemnation and restore the remainder of the Premises to the reasonable satisfaction of Tenant. Any award or payment made upon condemnation f all or any part of the Premises shall be the property of Landlord, whether such aw rd or payment is made as compensation for the taking of the fee or as severance dama es; provided Tenant shall be entitled to the portion, of any such award or payment for loss f or damage to Tenant's trade fixtures, removable ersonal property, and additions, alteraf ns and improvements made to the Premises by Te nt, and for its loss of business or th leasehold herein created or any other consequential o special damages, such as Tenant's r location and moving expenses. 19. DEFAULTS. \The following shall constitute "Eybnts of Default ": (a) Monetary. enant shall fail to pay Rent at the time required or any other monetary obligation or yment required under this Lease when due, and such failure shall continue for a period often 10) days following w itten notice from Landlord to Tenant; or- (b) Non - performance. Tenant shall f it to observe or perform any of the other covenants, terms or conditions contai Vednhe ase, or a warranty made by Tenant shal l fail to be accurate and complete, and suc all continue and not be cured for a period of thirty (30) days after written notice by o Tenant, provided that if the default is not reasonably susceptible of being cureirty (30) days, an Event of Default shall occur only if the Tenant fails to promnce such cure or fails thereafter to diligently pursue such efforts to completion; or (c) Bankruptcy: Receivershi �rslu f (i) Tenant files a petition in bankruptcy or for reorganization or for an arra/ee ent ant any present or future federal or state bankruptcy law or under any r f deral or s to law, or is adjudicated a bankrupt or insolvent, or makes an assigf the benefit f its creditors, or admits in writing its inability to pay its debts genes hey become du or if a petition or answer proposing the adjudication of Tenant as a bor a reorganizat n of Tenant under any present or future federal or state bankrupor any similar fede I or state law is filed in any court and s uch petition or answer f discharged or denie within thirty (30) days after the filing thereof; or (ii) A receivetee or liquidator of Tena t of all or substantially all of the assets of Tenant or of the Premises or any porti thereof is appointed in any proceeding brought by or agaenant and is not discharg within thirty (30) days after such appointment or if Tenant nts to or acquiesces in such pointment. 20. REMEDIES. Upon the occu ence of an Event of Default by Tenant, or\at any time thereafter during the continuance qf such Event of Default, Landlord may take any of the following actions and shall have t e following rights against Tenant: (a) Terrafnation. Landlord may elect to terminate the Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time C: specified in such notice, this Lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in Section (c) below. (b) Eviction. Landlord shall have the immediate right upon termination of this Lease to bring an action for forcible entry and detainer. Tenant to Remain Liable. No termination of this Lease pursuant to the provisions f this Lease, by operation of law or otherwi and no repossession of the Premises o any part thereof pursuant to this Lease or of erwise shall relieve Tenant of its liabilities an obligations hereunder, all of which shall survive such termination, repossession reletting. (d) D a es. In the event of any rmination of this Lease or eviction from or repossessio of the Premises or any p thereof by reason of the occurrence of an Event of Defau%Rent (i) nd Charges. Tena shall pay to Landlord the Rent and other sums and charges required be paid by Ten nt for the period to and including the end of the Term or expiration of an o ion period as rovided for by Section 3 above, whichever is later. (ii) Leased Pre es. L ndlord shall be entitled to offset any amount owing by Tenant under the precedin se ion, (d)(i), against any "value added damages" Landlord may be liable for pursuant to i Lease. (e) Rights Cumulative NQ aiver. No right or remedy herein conferred upon or reserved to Landlord is intend A' to a exclusive of any other right or remedy, and each and every right and remedy sh be cu ulative and in addition to any other right or remedy given hereunder or now or reafter a 'sting at.law or in equity or by statute. In addition to the other remedies provided in this ease, Landlord shall be entitled, to the extent permitted by applicable la , to injunctive relief in case of the violation, or attempted or threatened violatio of any of th covenants, agreements, conditions or provisions of this Lease, or to a decree corn elling performance of this Lease, or to any other remedy allowed to ndlord at law or in eq ty. (f) Landlord's Right to Cure. If after written otice, Tenant fails to pay any utilities charges described in ection 5, insurance premium described in Section 15, the cost of any of the repairs maintenance required to be ade by Tenant pursuant to the Lease or any other cha ges, costs or expenses required be paid under the Lease, Landlord shall have the r ht, but not the obligation, to make II such payments, and in addition to its other rem ies under this Lease, Landlord s II have the option of requiring Tenant to rep y to Landlord the amount of such pa ments (which shall be deemed additional rent reunder) on demand with interest after d and at 10% rate per annum. (the "Default Ra a "). (g) Late har a Default Rate. If Landlord does not receive payment of any installment of Went or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after the same falls due (regardless of whether Tenant has received notice of the- delinquency), Landlord may impose a late charge equal to five percent (5 %) of the amount of such delinquent sum and if such 7 sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from the due date until the date paid. (h) Landlord's Lien. Landlord shall have a lien against Tenant's leasehold estate, Tenant's Improvements and all property of Tenant located at the Premises, (excluding coaches) to secure any obligations of Tenant to Landlord arising pursuant to the provisions of this Lease. (i) on- Waiver. The failure of Landlord any of the covenan s or conditions of the Lease, or to ex any one or more in tances shall not be construed as a of any such covena ,condition, or option, but the sar and effect. The recei by Landlord of any Rent or ar knowledge of the bre h of any covenants or agrel deemed a waiver of suc breach. to nsist upon strict performance of �r se any options herein conferred in ver or relinquishment for the future shall be and remain in full force i other sum payable hereunder with cents contained herein shall not be 21. HOLDING O R. If Tenant remains n possession of the Premises after the expiration or termination of th Lease, and with a execution of a new Lease, Tenant shall be deemed to be occupying t Premises as a t ant from month -to- month, subject to all of the conditions, provisions and ligations of the Lease insofar as they are applicable to a month -to -month tenancy. 22. ACC (a) Landlord or Landlord's ge ts, representatives or employees shall have the right at any time upon at least twenty -fo 24) hours oral notice (except in emergencies, in which case only such notice, if any, as y be feasible under the circumstances shall be required) to enter upon the Premises for h purposes of inspecting the same, determining whether this Lease is being complied th, d curing (as permitted herein) any default by Tenant. (b) Landlord or Landlord' agents, re resentatives, or employees shall have the right whenever necessary and witho notice to en r upon the Premises for the purpose of repairing or maintaining any of Landl rd's property adj cent to or abutting the Premises. 23. NON- DISCRIMINATI N. Tenant covena s, in consideration of the right to lease the Premises that Tenant, its employees, and a ents shall not discriminate against any person in employment or public accommodation ecause of race, religion, color, creed, gender identity, sex, nat' nal origin, sexual orientate n, mental or physical disability, marital status or age. "Em oyment" shall include but no be limited to hiring, accepting, registering, classifying, upgra ing, or referring to employmen . "Public accommodation" shall include but not be limited to roviding goods, services, facilities, rivileges and advantages to the public. Tenant shall re ain in compliance with all requiremen of 49 C.F.R. Part 21, Non - Discrimination in Federal Assisted Programs of the Departm nt of Transportation. The prohibition of discriminati n based upon sexual orientation does not require the Tenant to provide equitable benefi to domestic partners. 24. APPLICA E LAW. The laws of the State of Iowa shall govern the validity, performance and enf cement of this Lease 25. NOTICES. Notices, statements and other communications to be given under the M terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to I nnrllnrrI- Director of Transportation Services 1200 S. Riverside Dr Iowa City, IA 52240 With copies to: City Attorney 410 E. Washington St Iowa City, IA 52240 If to Tenant: Burlington Trailways P.O. Box 531 West Burlington, IA 5 655 The address and perso for written communication may be ch nged upon ten (10) days' written notice to the other arty. 26. WAIVER OF BROGATION. Lan/liabil*es d enant and all parties claiming under or through them hereby utually release and e each other, any other tenants or occupants of the building in ich the Premises t d, and the officers, employees, agents, representatives, custome and business viLandlord or Tenant or such other tenants or occupants, from all cla' s, losses and s arising from or caused by any hazard covered by insur ance on or connection Premises or said building, even if caused by the fault or negligence of released is release shall apply only to the extent that such claim, loss or liability is vered by i e. 27. ENVIRONMENTAL MATTER T nant will comply with all environmental laws during the term of the Lease, but shall bear liability whatsoever and shall not assume any conditions for any existing environmental ma ials or Hazardous Materials on the Premises. Landlord agrees to indemnify, defend an h Id Tenant harmless from and against any and all loss, damage, liability and expen (inc ding reasonable attorneys' fees) that Tenant may incur as a result of any claim, emand action related to environmental conditions, Hazardous Materials or any other envir nmental la and regulations not directly resulting from Tenant's activities on the Premises. 28. HAZARDOUS MATE IALS. The term azardous Materials' as used herein shall include but not be limited/to to asbestos, The, explosives, dangerous substances, pollutants, contaminants, haz ordous wastes, toxic sub \tances, and any other chemical, material or related substan a exposure to which ibited or regulated by any governmental authority hav' g jurisdiction over the Pr any substances defined as 'hazardous substances," " azardous materials" or "toxic nces" in the Comprehensive Environmental Response ompensation and Liability Act 0, as amended, by Superfund Amendments and Rea , orization Act 42 U.S.C. §6901, et; the Hazardous Materials Transportatio Ad, 42 U.S.C. §6901, et seq.; Clean Air A 2 U.S.C. §7901, et seq.; Toxic Substanc Control Act, 15 U.S.C. §2601, et seq.; ears Water Act, 33 U.S.C. §1251, et seq.; the laws, regulations or rulings of the state in wh' h the Premises is located or any local ordinance affecting the Premises; or the regulatio adopted in publication promulgated pursuant to any of such laws and ordinances. 29. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease, 0 as determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this Lease or any other provision hereof. 30. ENTIRE AGREEMENT. This Lease and any addenda /and exhibits attached hereto or to be attached hereto, set forth all of the covenants, pr ises, agreements, and conditions between Landlord and Tenant concerning the Premises and this Lease and there are no covenants, promises, agreements or conditions, either oral or written, between them. This Lease may not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. 31. BINDING EFFECT. The covenants, conditi s and agreements contained in the Lease shall bind, apply t and inure to the be/eh parties hereto and their respective successors. 32. ATTORNEY FEES. If either parerein brings an action to enforce the terms of this Lease or to de lare rights he prevailing party in any such action, on trial or appeal, shall be ntitled to le attorney's fees to be paid by losing party as fixed by the court. In t event insel is used, the rate charged shall be $200 per hour. 33. HEADING. Headings as to tl only for convenience, and are in no way limitation on the scope of the particular sect ants of particular sections herein are inserted construed as a part of the Lease or as a hich they refer. 34. COUNTERPARTS. This/ Lease mk be executed in counterparts, each of which shall be deemed to be an origiX and all of wh' h shall, when taken together, constitute but one and the same instrument. IN WITNESS WHEREOF, a parties hereto hav executed this Instrument to be effective as of the day and year f st above written. Landlord: Tenant: CITY OF IOWA CITY BURLINGTON 7ELINES, LTD. Mayor Name, Title Attest: City Clerk 10 CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 2012, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, 'of said municipal corporation executin the within and foregoing instrument; that the seal ffixed thereto is the seal of said m nicipal corporation; that said instrument was signed and aled on behalf of said municipal c poration by authority of its City Council; and that the said Ma r and City Clerk as such officers cknowledged that the execution of said instrument to be the luntary act and deed of sai corporation, by it and by them voluntarily executed. BURLINGTON STAGELINES, LTD. STATE OF Iowa ) ) SS: COUNTY ) On this Notary Public in duly sworn, day of and for the State of Burlington did identify of Bu the instrument to be his own vo N MENT Public in and for the State of Iowa 12, before me, the undersigned, a of owa, personally pi S gelines, Ltd. to me p r; himself as ington Stagelines, Ltd. an act and deed, and that of E nally known, who being by me acknowledge the execution of ' ngton Stagelines, Ltd. Notary Public in and for the State �f Iowa Approved: "'O'r �� i1"-611z'11' City Attorney 11 �*I -r.=,I CITY OF IOWA CITY "� MEMORANDUM Date: August 16, 2012 To: Tom Markus, City Manager From: Chris O'Brien, Director of Transportation Services Re: Burlington Trailways Lease — August 21, 2012 City Council Meeting Introduction: At the August 21, 2012 City Council meeting, consideration will be given to a resolution approving a proposed lease agreement between the City of Iowa City and Burlington Trailways for assignment of space at the Court Street Transportation Center. History /background: On July 13, the City of Iowa City received a memo from Greyhound, dated July 9, 2012, stating that effective August 15, 2012, Greyhound Lines Inc. will discontinue service to Iowa City. Prior to receipt of the notice, Greyhound shared a stop location with Burlington Trailways at the Court Street Transportation Center. Each entity provided independent service to various destinations and utilized the leased space for ticket sales and a customer waiting area. The termination of service by Greyhound Lines Inc. also resulted in the termination of their lease for space at the Court Street Transportation Center. Discussion of Solution: The Transportation Services department, with guidance from the Legal department, has negotiated a three year lease with Burlington Trailways for the space at the Court Street Transportation Center previously leased by Greyhound Lines Inc. Financial Impact: Monthly rent for the assigned space will begin at $1300.00 per month for the first year of the lease with a $50.00 escalation in year two and again in year three. Additional multi -year extensions are written into the lease with rent to be negotiated at the time of the extensions. Recommendation: It is the recommendation of Transportation Services staff that City Council approve the resolution for assignment of lease space to Burlington Trailways at the Court Street Transportation Center. N4J Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. 2 -369 RESOLUTION ACCEPTING THE WORK FOR THE FY2011 ELEVATOR MODERNIZATION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the FY2011 Elevator Modernization Project, as included in a contract between the City of Iowa City and McComas - Lacina Construction of Iowa City dated March 1, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Transportation Services Department and Parks and Recreation Department account numbers 3011 and 4323, respectively. Four -fifths (4/5) of the project cost are charged to Transportation Services and one -fifth (1/5) to Parks and Recreation. WHEREAS, the final contract price is $805,266.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of August 120 .12 MAYOR Approved by ATTEST: 9L . 12A� 11A 6k- U& CITY ERK City Attorney's Office g-1 T I Z It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: X x x x.- X x x NAYS: Pweng /masters /acptwork- FY2011 Elevator Modemization Project.doc 8/12 ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 33 0) 0— 3d(3) CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org August 8, 2012 Honorable Mayor and City Council Iowa City, Iowa Re: FY2011 Elevator Modernization Project Dear Honorable Mayor and Councilpersons: I hereby certify that McComas - Lacina Construction, LC of Iowa City, Iowa has completed the construction of the FY2011 Elevator Modernization Project in substantial accordance with the plans and specifications prepared by Neumann Monson PC of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $805,266.00 1 recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, K Ronald Knoche, P.E. City Engineer SAENG ~ResolutionsTroject ResolutionsWccept ProjechEngRpt FY2011 Elevator Modernization Report.doc n 3 J(q) Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 12 -370 RESOLUTION ACCEPTING THE NORTH MARKET SQUARE PARK PAVILION PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the North Market Square Park Pavilion Project, as included in a contract between the City of Iowa City and Apex Construction Company, Inc. of Iowa City, Iowa, dated February 21, 2012 be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the North Market Square Park Redevelopment account #4320; and WHEREAS, the final contract price is $88,762.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of August 2012. r i -`I ATTEST: City bLerk Approved by: , u tw ,l "+"111 City Attorney's Office 0, 1 q 1 tZ Resolution No. Page 2 12 -370 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton ®� 3d(4) CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org August 8, 2012 City Clerk City of Iowa City, Iowa Re: North Market Square Park Pavilion Project Dear City Clerk: I hereby certify that the construction of the North Market Square Park Pavilion Project has been completed by Apex Construction Company, Inc. of Iowa City in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price of the project is $88,762.00. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, 1R "9 -R. Ronald R. Knoche, P.E. City Engineer q�� Prepared by: Josh Slattery, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5149 RESOLUTION NO. _12 -371 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR MACKINAW VILLAGE - PART FOUR, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Mackinaw Village - Part Four, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Mackinaw Village - Part Four, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements. WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 21st day of August 120 12 ATTEST: s CIT ERK pweng\masterstacpt- improvements. doc Approved by �)a,u.Aul,� k4y"" City Attorney's Office p b y h, Resolution No. 12 -171 Page 2— It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x x _x - x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton L � .a CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org August 9, 2012 Honorable Mayor and City Council Iowa City, Iowa Re: Mackinaw Village - Part Four Dear Honorable Mayor and Councilpersons: hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Mackinaw Village - Part Four have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The-required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer s. r Prepared by: Brian Boelk, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5437 RESOLUTION NO. 12 -372 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE MARCH 20, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND VJ ENGINEERING TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE FIRST AVE. GRADE SEPARATION PROJECT. WHEREAS, the City of Iowa City entered into a contract on March 20, 2007 for consulting services with VJ Engineering of Iowa City, Iowa, to provide design services for the First Ave. Grade Separation Project; and WHEREAS, the City of Iowa City desires to broaden the scope of services to be performed by the Consultant to provide additional design development and plan revisions and to prepare and update final design for construction of the First Ave. Grade Separation Project; and WHEREAS, it is in the public interest to amend said Consultant Agreement with VJ Engineering; and WHEREAS, funds for this project are available in the 13t Ave. /IAIS Railroad Crossing Improvements account #3871;and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant Agreement, First Ave. Grade Separation, Amendment No.1 attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Amendment No. 1 to the Consultant's Agreement. Passed and approved this 21st day of August 20 12 A� MAYOR Approved by ATTEST: , - �%%Lt� �J Ai1l� lUQ tcv / / r y CITY CL-€RK City Attorney's Office f/ /N'jZ Resolution No. 12 -372 Page 2 It was moved by Cbamni on and seconded by Resolution be adopted, and upon roll call there were: AYES: x _x- -x— x x x x NAYS: ABSENT: the Champion Dickens Dobyns Hayek Mims Payne Throgmorton CONSULTANT AGREEMENT FIRST AVE. GRADE SEPARATION AMENDMENT NO, 1 THIS AMENDMENT to the March 20, 2007, CONSULTANT AGREEMENT for the First Avenue Grade Separation Project, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and VJ Engineering of Iowa City, hereinafter referred to as the Consultant, is made and entered into this 16 L4 of N��c',' +,iti rz„ 2012. WHEREAS, the City desires to broaden the scope of services to be performed by the Consultant to provide additional design development and plan revisions, as detailed below, in order to rebid the project; and WHEREAS, Consultant is willing to perform these additional services for an increase in their fee and extension of the schedule for completion. NOW THEREFORE, it is agreed by and between the parties hereto that the parties do now agree to the following amendments to the March 20, 2007 Consultant Agreement, as amended: SCOPE OF SERVICES: 1.0 — Additional Design Development The Consultant shall perform additional project coordination and development associated with the extended project schedule and revisions to the construction documents. Specific items to be completed shall include: 1.1 Plan and Specification Revisions - This task includes the additional design needed to complete the plans and specifications according to the current project needs. 1.2 Final Updates and Biddinq Process - This task includes updating and completing the construction plans and specifications per Iowa DOT revised specifications at the time of the revised bid letting. Task also includes bid information such as contract documents and updated construction cost estimate. 2.0 — J Street & Sycamore View Water Main — SEJH Sanitary Sewer The Consultant shall perform additional project coordination and development associated with this project. Specific items to be completed shall include: 1.1 Plan and Specification Revisions - This task includes separating out the work associated with the water main and sanitary sewer under First Avenue between J Street and the IAIS railroad. This task includes development of documentation with regard to the revised bid information, including project schedule dates, plan schedules, plan notes and updated construction cost estimate. TIME OF COMPLETION: The Project Schedule for the First Ave. Grade Separation Project has been amended as follows: Finalize ROW Needs August 31, 2012 Final Plans (DOT Submittal) September 3, 2013 Project Letting (DOT) November 19, 2013 III. Section IV. COMPENSATION FOR SERVICES In consideration for the above - described change in the Scope of Services, Consultant's total hourly not -to- exceed fee for performance of the Scope of Services, as amended, is $414,191.80, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in the March 20, 2007 Agreement. This additional $116,391.80 in fees is summarized below: Task 1.0 -Additional Design Development 1.1 Plan and Specification Revisions: a) Storm Water Lift Station /Force Main $16,300.00 b) Additional Plats $2,520.00 c) Storm Sewer Design $10,150.00 d) Railroad Drainage $7,525.00 e) Bridge Design $11,100.00 f) Retaining Wall Design $10,400.00 g) Railroad Track Design $12,350.00 h) Staging/Traffic Control Plans $5,625.00 i) Utility Coordination $2,840.00 1.2 Final Updates and Bidding Process: a) Refresh to current IDOT specs $16,500.00 b) Complete Contract Documents $5,250.00 c) Meetings $1260.00 Task 2.0 — J Street & Sycamore View Water'Main — SEJH Sanitary 2.1 Plan and Specification Revisions: a) Preparing and completing plans as separate project $14,571.80 IV. All other provisions of the March 20, 2007 consultant agreement, not specifically amended herein shall remain in full force and effect. FOR THE CITY By: _ Pfatthew J. Hayek Title: Mayor_ Date: August 21 9012 /� / J ATTEST: //�/C� rtG/�,�J tt . 9�ll,,) Ci Clerk FOR THE CONSULTANT By. ��2f� y2_ Title: peoc� r= NGiNnJ 2_ Date: (4-1 L_--1,Z_ Approved by: City Attorney's Office 2- Date r os �M. r® CITY OF IOWA CITY 3d(6) MEMORANDUM Date: August 14, 2012 To: Tom Markus, City Manager From: Ron Knoche, City Engineer 4 Re: First Ave. Grade Separation — Consultant Agreement Introduction: The First Avenue Grade Separation Project involves lowering First Avenue, raising the Iowa Interstate Railroad tracks, and constructing a railroad bridge over First Avenue. Over the years, railroad, vehicular and pedestrian traffic have increased on both First Avenue and the Iowa Interstate Railroad, causing conflicts and traffic delays for vehicles and pedestrians, therefore the need for a grade separation. Drainage improvements both at the bridge site and across First Avenue south of the bridge are also included in the project. History/Background: The original consultant agreement and preliminary design of this project was initiated back in 2007; however, due to the flood of 2008 and securement of Federal funding, this project has been pushed back and delayed. The initial contract was with NNW Engineering, but they were later purchased by VJ Engineering and the existing consultant agreement was tied with that purchase. Discussion of Solutions: Additional consulting fees are needed in order to finalize the construction plans and specifications for this project. These additional fees are due to the extension of time this project has been active, the change in scope, and increase in design needs. This amendment includes additional fees to update and revise plans and specifications per anticipated revised IDOT specifications for a bid letting of late next year. Financial Impact: The original consultant agreement was approved for $297,800.00, with an estimated construction cost at that time of $5.8 million. The proposed Amendment No.1 will add $116,391.80 in fees, with a current construction cost estimate for this project of $6.9 million. The project will be funded with General Obligation bond proceeds and STP funds. Recommendation: Staff recommends approval of these amendments in order to complete the design of this project and be prepared for construction in 2014. Mt Prepared by: Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5413 RESOLUTION NO. 12 -373 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND AECOM OF WATERLOO, IA TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DUBUQUE STREET /1 -80 PEDESTRIAN BRIDGE PROJECT. WHEREAS, the City of Iowa City desires to provide connectivity of the Iowa River Trail along Dubuque Street from Foster Road north to the Butler Bridge over the Iowa River; and WHEREAS, the City of Iowa City desires construct approximately 5,800 feet of recreational trail and a 270 -foot long pedestrian bridge over 1 -80; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design for construction of the Dubuque Street / 1 -80 Pedestrian Bridge Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with AECOM, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with AECOM; and WHEREAS, funds for this project are available in the Dubuque Street / 1 -80 Pedestrian Bridge account # 3930. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in triplicate. Passed and approved this 21st day of August 120 12 ATTEST: C ITY RK W MAYOR " \ Ap roved by l ity Attorney's Office elpl,� Resolution No. 12 -373 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: .x. 7_ x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton AECOM 319-232-6531 q M 501 Sycamore Street 319 - 232 -0271 fatel x Suite 222 Waterioo, Iowa 50703 wvnv.aeoom.com CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 21 si day of { 041A eS " 2017 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, of Waterloo, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City desires to construct a new recreational trail along Dubuque Street from Foster Road to the Butler Bridge over the Iowa River to include a 270 -foot long PPCB pedestrian bridge over 1 -80, modifications to the planned signals of the Dubuque Street/1 -80 interchange to accommodate pedestrian crossings and associated grading, slope stabilization and drainage coordination as needed within the project limits; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design documents for the construction of the Dubuque Street/1 -80 Pedestrian Bridge and Trail Extension project; and WHEREAS, preliminary design documents are necessary by October 2012 to enable earthwork to be done in conjunction with the Iowa DOT's Dubuque Street/1 -80 Interchange Improvements project. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A detailed Scope of Services is provided as Exhibit A, incorporated herein by this reference. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown below: Trail Alignment Alternatives Analysis and Decision .............................. October 12, 2012 Preliminary TSK and Earthwork Estimate ............ ............................... November 9, 2012 Design Survey and Base Mapping ......................... ............................... April 2013 Preliminary Plans and Cost Estimate ..................... ............................... April 2013 Right -of -Way Plats and Descriptions ..................... ............................... August 2013 Final Design Plans .................................................. ............................... October 2014 Project Administration and Coordination ................ ............................... Ongoing Throughout III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. Page 2 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. ASCO T1 Page 3 M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is an estimated fee not to exceed Two Hundred Thirty -Five Thousand Dollars ($235,000.00). Consultant may bill the City monthly for services completed at the time of billing. City agrees to pay Consultant the full amount of such invoice within thirty (30) days after receipt thereof. In the event City disputes any invoice item, City shall give Consultant written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to Consultant the undisputed portion of the invoice according to the provisions hereof. City agrees to abide by any applicable statutory prompt pay provisions currently in effect. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY OF IOWA CITY. IOWA By: �Cca Title: OIP Date: R -a 7- l a- ATTEST:�,u�r�,.� �-d. `y\p FOR THE CONSULTANT, AECOO,MM TECHNICAL SERVIC S, INC. By: Title: Sub - District Manager Date: August 21, 2012 Approved by: City Attorneys Office <i ?--3J(-2- Date Page 4 DUBUQUE STREET RECREATIONAL TRAIL AND PEDESTRIAN BRIDGE CITY OF IOWA CITY EXHIBIT A A. Project Description This project includes the construction of a recreational trail and pedestrian bridge along Dubuque Street from Foster Road to the Butler Bridge over the Iowa River. The project includes the construction of 5,800 feet of recreational trail and the construction of an approximately 270 -foot long PPCB bridge. It is anticipated that the project will include modifications to the future signals of the Dubuque Street/1 -80 interchange. The City will need to have preliminary plans this fall to coordinate earthwork with the Iowa DOT's Dubuque Street/1 -80 Interchange Improvements project. B. Scope of Services The design services to be provided for the project under this agreement will include the preliminary and final design of the elements as noted in the project description above. The services also include survey, wetland delineation, concept statement, right -of -way documents, geotechnical engineering, bridge design, special provisions, meetings and project coordination. The project includes federal -aid so the Iowa DOT project development process will be followed. The design will be completed in the fall of 2014 with construction in 2015. The scope of services is described in more detail as follows: Data Gathering, Design Survey and Base Mapping The tasks included under this category include data gathering, design surveys and existing right - of way research. Task 1 — Data Gathering. This task includes the gathering of project data to be utilized during design. The data will be input into CADD and used as the framework of the existing feature file. The data that will be gathered includes, but is not limited to: • Utility Information • NRCS Wetland Maps • Existing Aerial Mapping • Existing Right -of -Way Shape Files • Electronic files from previous projects, such as the Iowa DOT 1 -80 /Dubuque Street Interchange project and the Iowa City Gateway project. Task 2 — Design Survey. This task consists of surveying the west or east side of Dubuque Street from the north side of Foster Road to Linder Road and along the west side of Dubuque Street from Linder Road to the south end of the Iowa River Bridge. Survey will not be completed until the final decision on what side the trail will be on is made. It is understood that coordination is needed with the Iowa City Gateway project and that the southern tie -in will be based on the final cross section of this project. The survey will be limited to the existing right -of -way except north of the interchange area where the trail may be located along the backslope of the existing ditch. Additional surrey of approximately 25 feet will be gathered in this area. The west right -of -way corners of Dubuque Street and the appropriate corner of 1 -80 will be located in the field. Included in this task is the location of the soil borings after they have been completed. Task 3 — Base Mapping. This task includes the reducing of survey notes, creating the electronic file structure and inputting utility information. Other electronic information will be merged with the existing feature file and the design file. Task 4 — Existing Right -of -Way. A starting point for the right -of -way will be referencing the shape files that can be obtained from Johnson County. The right -of -way lines will be adjusted to match the located right -of -way corners obtained during survey. Preliminary Design The tasks included under this category include the preparation of the preliminary plans, right -of- way documents and the environmental coordination for the project. The following tasks are included. Task 5 - Trail Alignment Alternatives Analysis. This task includes the comparison of two alternatives on each side of Dubuque Street from Foster Road to Linder Road. Plan and profiles will be developed based on the 3D data provided by the City. A report that describes the advantages and disadvantages of each alternative will be developed. A meeting will be scheduled to present the alternatives to the City and possibly the Iowa DOT. Task 6 — Wetland Delineation and Threatened and Endangered Species Habitat Survey. This task includes the delineation of any wetlands that may be identified in the corridor. Also included in this task is an evaluation of the threatened and endangered species habitat along the right -of -way and proposed project disturbance limits. This task will be completed by Stantec Consulting Services, Inc. Task 7 — Cultural Resources Clearance. For the purposes of this scope, we have included the review of archaeology along the west side of Dubuque Street from north of the interchange approximately 1,900 feet. The proposed trail may be located along the top of the back slope with the additional right -of -way needed to construct trail. The cultural resources survey will be completed by Tallgrass Historians. Task 8 — Concept Statement. This task includes the preparation of an Iowa DOT Concept Statement including a map of the project limits. Task 9 — Preliminary Plans. This task includes preparation of the preliminary construction plans to a level of detail generally meeting the Iowa DOT requirements for preliminary plans. The plans will include the following sheets: • Title and Legend Sheets (A- Series Sheets) • Typical Sections and Details (B- Series Sheets) • Plan and Profile Sheets (D- Series Sheets) • Geometric Layout Sheets (G- Series Sheets) • Type, Size and Location Drawings for Bridge (V- series Sheets). The bridge over 1 -80 is anticipated to be a two -span PPCB bridge, 275 feet west of Dubuque Street and perpendicular to 1 -80. • Cross Sections (W- Series Sheets) Task 10 — Soil Borings and Geotechnical Recommendations. The geotechnical engineering will include the necessary soil borings, laboratory testing, classifications and geotechnical engineering analysis required to develop the geotechnical engineering recommendations for the trail and structures. The soil borings and geotechnical engineering report will be prepared by Terracon Consultants. AECOM will be responsible for exchange of information and preparation of the final plan sheets. Task 11 — Preliminary Construction Cost. This task includes the.development of a preliminary cost estimate based on the TS &L, soils report and preliminary plans. It is acknowledged and understood that any estimates, projections or opinions of probable project costs prepared by Consultant are estimates only, made on the basis of Consultant's experience as a qualified professional. Consultant does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by Consultant, and the City waives any and all claims that it may have against Consultant as a result of any such variance. Task 12 — Right -of -Way Plats and Descriptions. This task includes preparation of the final right -of -way acquisition plats and descriptions, including temporary easement exhibits for the project. It is anticipated that up to two parcels may be affected by this project. It is estimated that plats and descriptions will be completed by the end of August 2013. Final Design The tasks included under this category include preparation of the final construction plans, project manual and construction permit applications for the project. Task 13 — Final Construction Plans. This task includes preparation of the final construction plans for a single construction contract to include the trail and bridge. The plans will be prepared in a format suitable for an Iowa DOT letting. The following sheets are included: • Title and Legend Sheets (A- Series Sheets) • Typical Sections and Details (B- Series Sheets) • Estimated Quantities, General Notes and Tabulations (C- Series Sheet) • Plan and Profile Sheets (D- Series Sheets) • Geometric Layout Sheets (G- Series Sheets) • Construction Staging and Traffic Control Sheets (J- Series Sheets). This task includes the traffic control of 1 -80 during the construction of the median pier and barrier. Also included in this task is the traffic control needed for trail construction along Dubuque Street. The staging will be developed to keep traffic open to traffic along Dubuque Street during construction. • Storm Sewer and Drainage Design (M- Series Sheets). This task includes the design of the storm sewer details needed to fill in the existing ditch along the west side of Dubuque Street from the end of the curb and gutter section west approximately 500 feet. The details will include design of the storm sewer system, plan and profile of the proposed storm sewer, and tabulations of the storm sewer and intakes. • Traffic Signal Modifications (N- Series Sheets). This task includes adding pedestrian signals to the improvements project. Traffic signal modifications will include pedestrian signal heads, push button activators and other details necessary for pedestrian signalization at both interchange intersections. • Pavement Markings and Signing (N- Series Sheets). This task includes moving any roadway signs which may be in conflict with the new construction and providing painted crosswalks at the interchange intersections. • Pedestrian Curb Ramp Details (S- Series Sheets). This task includes the preparation of the S- Series sheets as required by the Iowa DOT. This includes the preparation of the plan view and Tabulation 113 -10. • Earthwork Estimates and Tabulations (T- Series Sheets) • Cross Section Sheets (W- Series Sheets). Cross sections are anticipated to be produced at 25 -foot intervals. Task 14 - Final Bridge Plans. This task includes the final design of a two -span, pretensioned, prestressed concrete beam bridge over 1 -80. The structural plans will include architectural details, such as column and railing design similar to the Dodge Street Pedestrian Bridge over 1 -80. • Quantities, General Notes, Specifications • Situation Plan • Soil Profile & Borings (Terracon) • Subdrain Details • Slope Protection Details Substructure Layout • Abutment (Piling, Design, Details) • Wing Wall Plan • Segmental Wall Details (Two Sheets) • Pier Details (Plan, Elevation, Sections) • Pier Details (Notes /Barlist/Quantities) • Deck Cross Section • Longitudinal Section & Plan • Top of Slab Elevations • Haunch Elevations • Beam Camber & Deck Thickness • Deck Rebar Layout • Superstructure Barlist/Quantities /Notes • P.S. Beam Details (Two Sheets) • Pier Bearing Details • Intermediate Diaphragm Details • Steel Railing Details • Lighting /Conduit Details • Water Main Hanger and Abutment Details Task 15 — Construction Cost Estimate. This task includes preparation of the final construction cost estimate based on the final bid quantities and approximate average unit cost for Iowa construction projects. It is acknowledged and understood that any estimates, projections or opinions of probable project costs prepared by Consultant are estimates only, made on the basis of Consultant's experience as a qualified professional. Consultant does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by Consultant, and the City waives any and all claims that it may have against Consultant as a result of any such variance. Task 16 — Iowa DOT Permit Application and Coordination. This task includes coordination with Iowa DOT to obtain the Iowa DOT permit for construction on state property and the Iowa DOT permit for modification of traffic control devices. Task 17 — NPDES Permit Application. This task includes coordinating with the City to complete the NPDES permit application and public notice. Project Administration and Coordination Task 18 — Project Meetings. This task includes preparation for and attendance at project - related meetings to be held at Iowa City city offices or at the project site. The Consultant will prepare a memo of each meeting. A total of four (4) meetings are included in this task. Task 19 — Monthly Progress Reports. Written monthly progress reports will be submitted to the City throughout the preliminary and final design stage. The progress reports will include a summary of work completed during the month, a projection of work activities for the following month, and an update on the project budget and schedule status. Task 20 — Proiect Administration. This task includes in- house, project - related administrative activities throughout the duration of this project. L: \work\ADMIMAGREE \PROF\IC- Dubuque St Rec Trail -Ped Bridge Agrmnt.doc l d(7 ffir CITY OF IOWA CITY 3) :.z��A"�Amm � MEMORANDUM DATE: August 13, 2012 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: Dubuque Street 11 -80 Pedestrian Bridge Introduction: This project will construct a new recreational trail along Dubuque Street from Foster Road to the Butler Bridge, including an approximately 270 -foot long pedestrian bridge over 1 -80. This project is included in the capital program. History/Background: The Iowa River Trail is an existing trail that requires connectivity along Dubuque Street from Foster Road to the new pedestrian bridge over the Iowa River at Butler Bridge. This multi -use trail provides non - motorized access from the communities north of 1 -80 to downtown Iowa City and the University of Iowa. The existing trail along Dubuque Street, south of Foster Road is the most heavily used trail in the metro area, serving over 450 users per day. This missing link in the region's trail system will provide convenience for the 15% of Johnson County's population that commute to work on bicycles and for the recreational users throughout the community. Discussion of Solution: With the upcoming re- construction of the 1 -80 / Dubuque Street Interchange by the Department of Transportation and the future Iowa City Gateway Project, it was determined that this project should be carried forward to appropriately coordinate with both projects. Work will include planning and design development, final design, specifications and construction documents, permitting, and bidding and construction related services. The new pedestrian bridge shall be similar to the newly constructed pedestrian bridge at Dodge Street over 1 -80 and coordinate with the "Detailed Concept Plan for Beautification of the 1 -80 Corridor ", by H.R. Green Company, March 3, 2009. Construction will be completed at the same time as, if not before, the completion of the Iowa City Gateway project. In April, a Request for Proposals was distributed to six (6) consulting firms for design and construction services for the trail extension and pedestrian bridge. Three (3) Proposals were received and reviewed by staff members from the Engineering Division and MPOJC Transportation Planning. A selection matrix was used to determine that AECOM would be the preferred consultant for the project based on project understanding, trail and bridge experience, design team, availability, references and fee. Financial Impact: The hourly, not -to- exceed contract amount is $235,000 for design and construction services and will be funded with General Obligation Bonds. Federal funding will provide $1,269,000 toward the construction of the project with Surface Transportation Program (STP), Transportation Enhancement (TE) and Congressionally Designated funds. The total estimated cost for the project is $2,100,000. The City's local share of the construction costs will be funded with General Obligation Bonds. Recommendation: Staff is recommending that the City enter into an agreement for design and construction services with AECOM Technical Services, Inc. of Waterloo, IA. Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5144 RESOLUTION NO. 12 -374 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND H.R. GREEN, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LANDFILL FY09 CELL RECONSTRUCTION PROJECT. WHEREAS, the City of Iowa City desires to reconstruct the landfill FY09 landfill cell; and WHEREAS, the existing landfill FY09 cell was severely damaged by a fire and needs to be repaired in order to provide solid waste disposal services; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the Landfill FY09 Cell Reconstruction Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with H.R. Green, Inc., to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with H. R. Green, Inc.; and WHEREAS, funds for this project are available in the Landfill FY09 Cell Reconstruction Project account #3321 - 550900; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 21st day of August 120 12 6M 4— T Approved by ATTEST: .,&,L *ti- � CITY ISLERK City Attorney's Office tltgmZ Pweng/mastersldesignagt. doo 3 Resolution No. 12 -374 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims _x Payne x Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 21st day of August , 2012, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY and HR Green, Inc., of 8710 Earhart Lane SW, Cedar Rapids, IA 52404, hereinafter referred to as the CONSULTANT. WHEREAS, the CITY desires to secure the services of a consulting engineering firm to provide final design and preparation of construction /bidding documents for reconstruction of the portion of cell FY09 at the Iowa City Landfill and Recycling Center that was damaged by fire in the spring of 2012. WHEREAS, the CITY desires the CONSULTANT to provide an on -site field representative during reconstruction of the damaged portions of the FY09 cell and implement a Quality Control and Assurance (QC&A) program in conformance with 567 IAC 113.7(6). NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services as set forth herein. I. SCOPE OF SERVICES CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and satisfactory manner: A. FINAL DESIGN, BIDDING DOCUMENTS, AND BIDDING ASSISTANCE This task is to design and prepare bidding documents for reconstruction of the fire damaged portions of cell FY09. While the final objective is to return the entire cell back to its original functionality, additional design measures will be included with the intent of reducing the risk of potential fire propagation if such a fire occurs in the future. The design measures will include installation of sand partitions within the cell and immediate covering of tire derived aggregate (TDA) on the cell floor, to the extent possible, as part of the construction contract. Construction drawings will be prepared to a detail level appropriate for bidding and construction. These will be based on existing electronic design files and surveys. The construction drawings will include: • Title and Index Sheet • Existing Site Conditions • Cell Design Plan (including liner, borrow areas, and stockpile areas) • Leachate Collection System (piping plan) • Storm Water Management Plan • Detail Sheets (3 sheets) Drawings will be prepared in electronic format and plotted on a sheet size of 11" x 17 ". The project manual will be prepared to accompany the Construction Drawings and will include bidding and contract requirements (front ends) and technical \ 1HRGCRNASIDATA120100D62 .041DESIGMCONTRACTWGT. 080112 -IC FY09 RECOMST_DESIGN QC&FLREVOI.DOC Page 1 of 10 specifications. Technical specifications will be prepared following standard Construction Specifications Institute (CSI) format. The bidding requirements (front - ends) will outline CITY requirements and follow the format used for previous landfill projects. In general, technical specifications will include: • General requirements such as site health and safety, contractor coordination and meetings, submittal requirements, quality control, environmental protection, etc. • Earthwork • Clay liner requirements • Geomembrane and geocomposite requirements • Testing and quality control requirements • Aggregate drainage for leachate collection • Piping (for leachate) • Aggregate surface paving (if desired) • Seeding and mulching (if desired) • Liner protection CONSULTANT will submit review drawings to the CITY at the 50% level of completion. Both the drawings and the project manual will be submitted to the CITY for review at the 90% level of completion. CONSULTANT will attend two meetings with the CITY at the landfill office or by conference call to discuss the submittals. CITY will provide comments and issuance to proceed after each submittal. Concurrently with the 100% completion of the bidding documents, CONSULTANT will prepare and submit an Engineer's Opinion of Probable Construction Cost. CONSULTANT will assist the CITY with the public bidding process and will produce the required number of final bidding documents for distribution to prospective bidders and plan rooms. It is anticipated that 30 sets of documents will be required. CONSULTANT will be the "issuing office" for the bidding documents and will maintain a planholders list through the bidding period. CONSULTANT will prepare for and attend a pre -bid conference at the landfill office. If warranted, pertinent items discussed in the meetings that warrant a change in the bidding documents will be addressed in an addendum to be sent to all plan holders. During the bidding period, CONSULTANT will address contractor's questions and will prepare addenda as needed. B. ON -SITE FIELD REPRESENTATIVE AND QUALITY CONTROL AND ASSURANCE (QC&A) IMPLEMENTATION CONSULTANT will provide an on -site field representative during the cell reconstruction activities. A project manager will provide support to the field representative as required for certain technical and administrative tasks. A general description of these services is as follows: \WRGCRNAS\ DATA \20100082.04\DESIGN\COMRACTWGT. 080112- IC_FY09 RECONST DESIGN_OC& REVOI.DOC Page 2 of 10 CONSULTANT's project manager and the on -site field representative will attend a preconstruction meeting held at the landfill with the contractor and Iowa City staff to address items associated with construction start-up. CONSULTANT's purpose at the meeting will be to discuss anticipated construction challenges, establish the communication and authority chain, discuss QC&A requirements and expectations, site safety, and to verify the construction schedule and sequence. The meeting will be summarized in a memorandum provided to all attendees. The contractor will be required to hold, at minimum, weekly progress meetings to be attended by representatives of the CITY, HR Green, and the contractor. HR Green's field representative will attend and facilitate each of the weekly meetings. The project manager is budgeted to attend up to four meetings over the construction period. When not at the site, the project manager may participate in the weekly meetings by telephone, as needed. Meeting minutes will be prepared after each meeting and distributed to all attendees. The agenda for these meetings include, but are not limited to, the following: • Review and approval of the previous week's meeting minutes. • Work progress since last meeting. • Planned work activities. • Field observations /problems /conflicts. • Schedule. • Safety. • Special coordination with landfill activities. • QC, compliance with specifications. • Submittals /requests for information. • Changes or modifications in plans and specifications. • Billings. • Next meeting (schedule and preliminary agenda). CONSULTANT's project manager will also fulfill the role of QC&A officer. The QC&A officer is a professional engineer registered in the State of Iowa and will implement the QC&A program in accordance with the Iowa Administrative Code and the IDNR approved QC&A Program Manual for the cell construction. CONSULTANT's on -site field engineer will be delegated by the QC&A officer to provide on -site construction quality assurance services for documentation of the liner and leachate collection systems. The on -site field representative will be under the direction of the QC &A officer. QC&A services include the following: • Observe and document remaining cleanup of fire debris and damaged liner materials. • Collect and catalogue source testing results of materials as may be required by the contractor in the contract documents. • Observe and document contractor's placement of clay liner. • Coordinate CITY's testing laboratory to conduct field moisture /density testing of the clay barrier layer. • Assist in coordinating required surveying for QC&A documentation. All surveying will be conducted by the Contractor, as will be required in the contract documents. • Observe and document the installation of the geomembrane liner. \WRGCRNASI DATA1 20100062.04\DESIGNICONTRACTWGT- 080112- IC_ FY09 _RECONST_DESIGN_OCBA_REVOI.DOC Page 3 of 10 • Record lot/batch numbers of all geosynthetic rolls delivered on -site. • Document geosynthetic non - destructive testing performed by installer. • Coordinate collection of destructive test samples for laboratory analysis as needed. Coordinate destructive testing with CITY's contracted testing laboratory. Observe and document the installation of the geocomposite drainage layer. • Observe and document the installation of the aggregate drainage layer (TDA and sand), trench rock, and leachate collection piping. • Compile QC&A data in tabular form as it is submitted. • Take construction photographs. • Prepare daily field progress reports detailing major work and quality assurance activities, problems encountered, and compliance with specifications. • Attend weekly construction progress meetings and participate in issues pertaining to QC&A. Other administrative tasks to be provided during the construction period include: • Log in, review, and approve contractor submittals and shop drawings. • Review and provide recommendation of contractor's pay requests. • Initiate correspondence with contractor regarding coordination of field orders and change orders. • Respond to requests for information. • Review, interpret and clarify drawings and specifications, as needed. • General correspondence with CITY, HR Green employees, and contractor. • Participate with the CITY in the punch list and project closeout process. During and upon completion of the cell reconstruction, the on -site field engineer will forward copies of construction testing, surveying, and other QC&A documentation to the Project Manager (QC&A officer) for review. Based on this documentation, the QC&A officer will prepare and submit a final report to the Iowa DNR that verifies compliance with the requirements of rule 113.7(455B), and the approved plans and specifications. The final report will contain the items required under the Iowa Administrative Code, including the following: • A title page and index. • The name and permit number of the facility. • Contact information for the QC&A officer and persons delegated by the QC&A officer to supervise or implement an aspect of the QC&A program. • Contact information for all construction contractors. • Copies of daily construction /QC&A reports. • Results and locations of materials testing. • Record drawings. • A signed and sealed statement by the QC&A officer that the MSWLF unit was constructed in accordance with the requirements of rule 113.7(455B), and the approved plans and specifications. ASSUMPTIONS • The cell design will include measures that would reduce the risk of a potential fire source from spreading to the entire open cell. These measures are not designed to reduce the risk of fire itself, which can only be addressed through the landfill's daily operational practices. \W RGCRNAS\DATA120100082 .041DESIGN\CONTRAC1'WGT- 080112 -IC FY09_RECONST DESIGN_OC&A� REVOI.DOC Page 4 of 10 CONSULTANT will provide on -site field services, including QC&A program implementation over the construction period. The proposed budget is based on the current schedule that identifies the award of the construction contract in January 2013 and completion in August 2013. Since the construction contract will be awarded during winter months, initial activities will be limited and would likely include site preparation, delivery of flexible liner membrane and leachate aggregate, and associated QC&A activities. The construction activities and need for more QC&A involvement will increase starting in April and last through the end of the construction period. The budgeted hours of the on -site field representative are estimated to average 8 hours per week from the time of contract award through the end of March (10 weeks) and then average 45 hours per week from the beginning of April until substantial completion (20 weeks). CONSULTANT will not provide "means or methods" to the contractor during construction. Surveying needed during the design phase will be provided by the City. Surveying during the construction phase will be provided by the Contractor under the construction contract with the City. CONSULTANT will coordinate moisture /density testing, in -situ liner sampling, and geotechnical laboratory testing with the CITY contracted testing firm. Contracting and payment for these testing services will be made directly by the CITY. SITE SAFETY CONSULTANT will be responsible for initiating and maintaining safety precautions and programs for CONSULTANT's employees. CONSULTANT will prepare site - specific health and safety plan (HASP) following the requirements of 29 -CFR 1910.120, and 29 -CFR 1910.146. When CONSULTANT is present on Project site to perform engineering services, CONSULTANT will comply with CITY's and CITY's contractor's safety plans, programs, and procedures. If CONSULTANT determines that CITY's and CITY's contractor's safety plans, programs, and procedures do not provide adequate protection for CONSULTANT, CONSULTANT may direct its employees to leave Project site or implement additional safeguards for CONSULTANT's employees. If taken, these actions will be in furtherance of CONSULTANT's responsibility to its own employees only, and CONSULTANT will not assume responsibility for protection of any other persons affected by Work. If CONSULTANT observes situations which appear to have potential for immediate and serious injury to persons, CONSULTANT may warn persons who appear to be affected by such situations. Such warnings, if issued, shall be given based on general humanitarian concerns, and CONSULTANT will not, by issuance of any such warning, assume responsibility to issue future warnings or any general responsibility for protection of persons affected by Work. \WRGCRNAS\ DATA\ 20100082.04\DESIGN \CONTRACT\AGT- 080112- IC_FY09_RECONST DESIGN_OCBA_REWI.DOC Page 5 of 10 II. TIME OF COMPLETION CONSULTANT will provide services for this project as estimated in the following schedule: Assuming authorization of agreement by August 21, 2012. Design Phase • 50% Draft Construction Documents by September 28, 2012 • 90% Draft Construction Documents by October 19, 2012 • Review documents submitted to the Iowa DNR by October 31, 2012. • 100% Bidding Documents to City by October 31, 2012 • Iowa DNR approval of construction documents - Est. November 30, 2012. Bidding /Award • City Council to Set Public Hearing - Est. December 4, 2012 • City Council Approval of Bidding Documents — Est. December 18, 2012 • Bids Due — Est. January 15, 2013 • City Council Award of Project — Est. January 22, 2013 Construction Phase: January 22, 2013 — August 16, 2013 • Construction Contract Awarded — Est. January 22, 2013 • Cell complete for certification and IDNR approval: Est. July 19, 2013 • IDNR approval for waste disposal: Est. July 26, 2013 • Start placement of select waste and soil cover July 26 — August 16, 2013 • Substantial Completion: August 16, 2013. III. GENERAL TERMS A. The CONSULTANT shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. B. Should the CITY terminate this Agreement, the CONSULTANT shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The CITY may terminate this Agreement upon seven (7) calendar days written notice to the CONSULTANT. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be made without the written consent of all Parties to said Agreement. \ WRGCRNASID ATA =100002.040ESIGN%CONTRACTWGT- 080112 -IC FY09_RECONST DESIGN_OCBA_REVOI.DOC Page 6 of 10 D. It is understood and agreed that the retention of the CONSULTANT by the CITY for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the CONSULTANT shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the CITY that all records and files pertaining to information needed by the CONSULTANT for the project shall be available by said CITY upon reasonable request to the CONSULTANT. The CITY agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the CITY, the CONSULTANT shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the CITY shall be given with reasonable notice to the CONSULTANT to assure attendance. H. The CONSULTANT agrees to furnish, upon termination of this Agreement and upon demand by the CITY, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the CONSULTANT pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the CONSULTANT shall not be liable for the CITY'S use of such documents on other projects. I. The CONSULTANT agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The CITY agrees to tender the CONSULTANT all fees in a timely manner, excepting, however, that failure of the CONSULTANT to satisfactorily perform in accordance with this Agreement shall constitute grounds for the CITY to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the CITY. The CONSULTANT shall be allowed to keep mylar reproducible copies for the CONSULTANT'S own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the CITY. N. Upon signing this agreement, CONSULTANT acknowledges that Section 362.5 of the Iowa Code prohibits a CITY officer or employee from having an interest in a contract with the CITY, and certifies that no employee or officer of the CITY, which includes members of the City Council and CITY boards and commissions, has an \W RGCRNAS\DATA\ 20100082.041DESIGNICONTRACTWGT- 080112- IC_ FY09 _RECONST_DESIGN_OCB4_REVOI.DOC Page 7 of 10 interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. IV. COMPENSATION FOR SERVICES Fees for professional services outlined in this agreement are on a time and materials, not to exceed basis, per the attached 2012 Billing Rate Schedule. A. Final Design, Bidding Documents, and Bidding Assistance $69,800 B. On -Site Field Representative and Implementation of QC&A Program 199,600 $269,400 Payment Schedule: CONSULTANT shall bill CITY monthly for services and reimbursable expenses. Payment shall be due and payable within thirty (30) days of CITY'S receipt of invoice. The monthly payments shall not total an amount in excess of the total contract. CONSULTANT services rates and reimbursable expenses rates are included as Attachment A to this document. V. MISCELLANEOUS A. Insurance Requirements 1. Certificate of Insurance, Cancellation or Modification a. Before commencing work, the Consultant shall submit to the City, for approval, a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. b. The Consultant shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. C. Cancellation or modification of said policy or policies shall be considered just cause of the City of Iowa City to immediately cancel the Agreement and /or to halt work on the Project, and to withhold payment for any work performed on the contract. 2. Minimum Coverage a. Any policies of insurance purchased by the Consultant to satisfy its responsibilities under this Agreement shall include contractual liability coverage, and shall be in the following type and minimum amounts: Comprehensive General Liability Each Occurrence Aggregate (1) Bodily Injury (2) Property Damage $250,000.00 $500,000.00 $100,000.00 M RGCRNASXDATA120100082 .041DESIGMCONTRACTNGT- 080112 -IC FY08 RECONST DESIGN_QCBA_REVOI.DOC Page 8 of 10 Motor Vehicle Liability and Property Damage Insurance Per Person Per Accident (1) Bodily Injury (2) Property Damage $250,000.00 $500,000.00 $100,000.00 Workers' Compensation insurance as required by Chapter 85, Code of Iowa. Professional liability coverage minimum: $1,000,000.00. 3. Professional Coverage The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. 4. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 5. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY By: Matthew J. Hayek Title: Mayor Date: August 21, 2012 ATTEST: /1---) , 7eeiza i Cit Clerk ^MNi W By City Attorney's offics, FOR THE CONSULTANT By:� Title: ��- Date: y- \ WRGCRNAS0ATAV 0100082.04DESIGNXCONTRACTVAGT- 080112- IC_FY09_RECONST DESIGN_OCBA_REVOI.DOC Page 9 of 10 ATTACHMENT A H RG reen HR GREEN, INC. Billing Rate Schedule Effective January 1, 2012 Professional Services Billing Rate Range Principal $185-$230 Senior Professional $150-$200 Professional $110-$160 Junior Professional $80-$115 Senior Technician $80-$110 Technician $50-$85 Senior Field Personnel $100-$150 Field Personnel $70-$105 Junior Field Personnel $50-$80 1 Person w/ GPS or Robotic Equipment $105 2 Person Crew w/ GPS or Robotic Equipment $155 Administrative Coordinator $35-$100 Administrative $40-$80 Corporate Admin $55-$90 Reimbursable Expenses 1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10 %. 2. Auto mileage will be reimbursed per the standard mileage reimbursement rate established by the Internal Revenue Service. Survey and construction vehicle mileage will be reimbursed on the basis of $0.85 per mile. 3. Charges for sub - consultants will be billed at their invoice cost plus 15 %. 4. A rate of $6.00 will be charged per HR Green labor hour for a technology and communication fee. 5. All other direct expenses will be invoiced at cost plus 10 %. % NRGCRNASTATA120100062 .041DESIGNXOONTRACrAGT- 080112- IC_FY09_RECONST DESIGN_OCBA_REVOI.DOC Page 10 of 10 A CITY OF IOWA CITY 3d(sSRI is MEMORANDUM DATE: August 3, 2012 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer re: Iowa City Landfill FY09 Cell Reconstruction Design Services August 21 Introduction: Engineering services are necessary to reconstruct the fire damage to the FY09 Landfill Cell. History /Background: On May 26, 2012 a fire severely damage the recently opened FY09 Landfill Cell. Approximately 2/3 of the new cell was destroyed along with various parts of the groundwater, leachate and gas collection systems and liner. Discussion of Solution: An agreement has been negotiated with HR Green Inc. to provide engineering design, inspection and quality control services for the reconstruction of the FY09 Landfill Cell. This agreement was not competitively procured because HR Green provided the design and quality control services for the original project and provided engineering support during the fire and remedial clean up. This background and familiarity is critical for the redesign /reconstruction and the regulatory process that will be required. Financial Impact: The total cost of engineering services is $269,400. Funding will be provided by landfill revenues. Recommendation: Staff recommends approval of the engineering services contract with HR Green Inc at the August 21st City Council Meeting. cc: Rick Fosse, Public Works Director Daniel Scott, Project Engineer 1-12 3d(9) Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5041 RESOLUTION NO. 12 -375 RESOLUTION REPEALING RES. 12 -156 AND AMENDING THE POLICY FOR DISTRIBUTION OF ELECTRONIC PACKETS; COUNCIL MEMBER USE OF CITY IPAD, AND REIMBURSEMENT FOR THE EXPENSE OF PURCHASING PERSONAL EQUIPMENT TO ACCESS ELECTRONIC PACKET; PROCEDURES FOR E -MAIL CORRESPONDENCE AND DISTRIBUTION OF WEEKLY ELECTRONIC COUNCIL PACKETS; AND REMOVING THE STIPEND FOR SUPPLIES AND ESTABLISHING A POLICY FOR ELIGIBILITY FOR REIMBURSEMENT ONCE EVERY FOUR YEARS. WHEREAS, the City Council of Iowa City established a policy discontinuing hard copy weekly packets effective June 1, 2012 and thereafter providing for the distribution of electronic weekly Council packets only; and WHEREAS, the City Council of Iowa City provided for the use by individual Council Members of a City owned iPad or the reimbursement of the expense of purchasing equipment to provide access to weekly electronic council packets; and WHEREAS, reimbursement to Council members for the expense of purchasing equipment to provide access to weekly electronic packets allows the Council members to more efficiently and effectively fulfill their duties as elected officials and is thereby in the public interest; and WHEREAS, Council members serve four year terms, and therefore, shall be eligible for such reimbursement once every four years; and WHEREAS, the City Council of Iowa City removed the stipend for supplies and dedicated phone costs associated with accessing electronic packets and /or e-mail via the City address. NOW, THEREFORE, the attached policy is established for electronic delivery of weekly packets and E -Mail policy. Passed and approved this 21st day of August , 20 12 ATTEST: CIV t clerk /res /counci I- epolicyl doc MW MAYOR Ap b y Att r s O ce Resolution No. 12 -375 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims - Payne x Throgmorton COUNCIL POLICY REGARDING ELECTRONIC ACCESS TO CITY INFORMATION INCLUDING WEEKLY PACKETS AND E -MAIL August 2012 Effective June 1, 2012 Council Members shall receive the weekly Council packet electronically. 2. Council Members may request a City -owned iPad for accessing the weekly packet or for use for other City business. The iPad will be returned at the end of individual Council Member terms. 3. Council Members may also choose to use personal equipment for accessing their weekly packet electronically, and may request a reimbursement of not to exceed $600 for purchase of the equipment, and provide receipts for that reimbursement. Council Members are eligible for reimbursement once every four years. 4. City IT staff will not service personal home computers or printers. Internet service (whether on dedicated phone line, Cable Modem, or DSQ is an agreement between the Council Member and service provider. Contracting for installation and monthly recurring charges is the responsibility of the Council Member. 5. The City will provide individual City Council Member e-mail addresses to the public. 6. Council Members should advise constituents communicating via e-mail that the correspondence could be public information. 7. The City will distribute e-mail correspondence addressed to "Council" in the next Council packet, or provide as late handout if the item(s) is scheduled for Council discussion. Staff will not receive any copies of a -mails sent to individual Council Members unless "Council" was indicated by the sender or provided by a Council Member. 8. Council Members are advised to confine their City related business to the City e-mail address and not a personal e-mail address. If a personal e-mail address is used for City business a -mails regarding City matters may be subject to open records requests. For those e -mails a Council Member chooses to retain, it is recommended that a separate file (either electronic or hard copy) be kept for City business. clerk /res /council- epolicyl doc M� 3d(10) Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5139 RESOLUTION NO. »_316 CONSIDER A RESOLUTION APPROVING EXECUTION OF CHANGE ORDERS BETWEEN THE CITY OF IOWA CITY AND BRACKE, HAYES, MILLER, MAHON ARCHITECTS LLP TO PROVIDE CONSULTANT SERVICES EXTENDING AN ORIGINAL CONTRACT TO PROVIDE SERVICES FOR THE ABATEMENT OF ASBESTOS & HAZARDOUS MATERIALS AT FLOOD BUYOUT PROPERTIES. WHEREAS, an Agreement for consultant services has been negotiated with and executed by Bracke, Hayes, Miller, Mahon Architects LLP of Moline, Illinois; and WHEREAS, an extension of the agreement dated April 9, 2010, signed by the City Manager has been negotiated by change orders to add an additional 7 properties; and WHEREAS, said change orders total is $7,875 and will increase the contract total to $57,375; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa to execute said change orders with Bracke, Hayes, Miller, Mahon Architects LLP; and NOW, THEREFORE, BE' IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The change orders with Bracke, Hayes, Miller, Mahon Architects LLP are in the public interest. 2. The Mayor and City Clerk are hereby authorized and directed to execute said change orders to the Agreement dated April 9, 2010. Passed and approved this 71st- day of , August , 201 . CITY N-ERK pne,g'mutersYieaCw avN gtCac MAYOR —� Approved by L� City Attorney's Office Resolution No. Page 2 12 -376 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x X x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 12 -377 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEST LIBERTY TELEPHONE COMPANY TO USE CERTAIN PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, West Liberty Telephone Company desires to install a buried conduit system containing fiber optic telecommunications cable within certain City of Iowa City public rights -of- way; and WHEREAS, the City of Iowa City desires to give West Liberty Telephone Company a license to use those rights -of -way for such purposes ; and WHEREAS, it is in the public interest to enter into a license agreement with West Liberty Telephone Company concerning the location of and responsibility for the installation and maintenance of the fiber optic cable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached license agreement between the City of Iowa City and West Liberty Telephone Company to use certain public rights -of -way as set out in said agreement for the placement of fiber optic cable is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at West Liberty Telephone Company's expense. Passed and approved this 21st day of August , 2012. MAYOR J/ A proved by ATTEST: " �f - CITYttEERK City Attorney's Office 8 Resolution No. 12 -377 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: F41 %14 013 x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND WEST LIBERTY TELEPHONE COMPANY FOR USE OF PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly -owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public Property" shall mean publicly -owned or controlled public land and rights -of -way, easements, bridges, parks squares and commons. d. "Network" shall mean cables, underground conduits, handholes, vaults, fiber optic cables, overhead transmission lines and other overhead cable and lines necessary for the provision of fiber optic service, including the equipment owned, operated, leased, or subleased by Licensee for the provision of said service. e. "Licensee" shall mean West Liberty Telephone Company, an Iowa corporation located at 413 North Calhoun Street, West Liberty, Iowa 52776. SECTION 2. BASIC GRANT Licensee is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain the Network in, under, upon, along and across the Public Property shown and generally identified in Exhibits A, B and C attached hereto and incorporated herein by this reference and specifically identified in the network map approved according to Section 3 below ("License Area'), according to the terms of this Agreement and subject to the regulatory powers of the City. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work or the installation of any new Network component within the License Area, the Licensee shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which Licensee proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. No Network component shall interfere. with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City -owned public utility system component, or other structure upon or under Public Property. In the event that the proposed Network plan shows such interference, the Director of Public Works shall, within reasonable time after the filing of such plan, map or specifications, note the changes necessary 1 to eliminate the interference and refer the same back to Licensee for modification of the plans. Any such review, approval or amendment shall remain subject to the provisions in Section 8 herein. Once the map, plan, or specifications are approved by the Public Works Director, they shall be filed in the Public Works Department and an excavation permit may be issued authorizing Licensee to proceed in accordance with the approved maps, plans, and /or specifications. Licensee shall not perform any work on the Network within the License Area prior to the issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work performed shall be in accordance with the approved maps, plans or specifications and the terms of this License. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK To protect the public and assure the safe and efficient movement of traffic, Licensee shall properly barricade any Public Property used by Licensee in compliance with, at a minimum, the requirements set forth in the Manua/ on Uniform Traffic Control Devices. Licensee shall properly and speedily replace any and all pavement removed or damaged by Licensee in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of the License Area, Licensee shall, at its own expense, repair or cause repair to any private property public utility system component, public improvement or Public Property damaged by Licensee. If Licensee fails to repair or arrange with the City for the proper repair of any Public Property after excavations have been made, and after thirty days notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of Licensee. SECTION 5. EXCAVATIONS The City hereby grants Licensee a license to make excavations within the License Area for the purpose of routine repair, replacement, and maintenance of wires, lines or other Network system components according to the following conditions: a. Licensee shall first obtain an excavation permit as required by to City Ordinances and Regulations; b. Licensee shall not unnecessarily obstruct the use of streets, avenues, alleys or public places; c. Licensee shall provide the Public Works Director with twenty -four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. d. Licensee shall provide, three (3) day notice to the Public Works Director for any work requiring a street closure or detour prior to such closure or detour. In emergencies which require immediate excavation, Licensee may proceed with the minimum work necessary to remedy the emergency without first applying for or obtaining an excavation permit, provided, however, that Licensee shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section, the City may repair or restore the Public Property, at Licensee's expense, to the condition of the property prior to the disturbance by Licensee. Licensee shall pay the costs of such repair or restoration within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvements that may be deemed necessary or proper by the City in, across, along, over or under any portion of the License Area occupied by the Network, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to Licensee for any Network damage arising out of the performance of such work by other parties. Nothing in this Agreement shall be construed to relieve other persons or corporations from liability for damage to the Network. SECTION 7. LICENSEE CONTRACTORS The requirements of this License Agreement shall apply to all employees, agents, persons, firms or corporations performing work for Licensee under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY Licensee's use of any Public Property for the purposes set forth in this. Agreement shall be in conformance with the established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin Public Property. Licensee shall exercise its rights granted herein in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. Licensee shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under the License Area in such manner as the City may, at any time, require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such Public Property, for the purposes of facilitating the vacation and /or redevelopment of Public Property or public right -of -way by the City. In the event Licensee fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be to the Licensee and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of Network's failure to act within a reasonable time shall be the responsibility of the Licensee. In the case of Public Works projects, reasonable time shall be defined six weeks after the public hearing approving the plans and specifications for said project. Licensee shall not place any Network component in the License Area where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Licensee shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. Licensee shall not place identification signs within the public right -of -way. 3 Upon. request, Licensee agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement Licensee shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll -free "One -Call" number. Licensee shall restore and replace any surface vegetation removed or damaged during Licensee's exercise of its rights granted herein with sod or other such vegetation approved by the Director of Public Works and in conformance with City ordinances and the standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES Thirty days prior to abandonment of any Network component, Licensee shall notify the City of its intentions. Licensee shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the License Area as required in conjunction with other right -of- way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY OF IOWA CITY Nothing in this Agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and Public Property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of Public Property. Any such further regulations shall apply to Licensee and to this Agreement. SECTION 11. PLANS AND COORDINATION Upon completion of any work performed in accordance with this Agreement, including the initial installation and subsequent modifications or relocations of Network components, Licensee shall promptly furnish to the City copies of "as- built" plans related to any Network component located on Public Property. Licensee shall keep complete and accurate maps and records of the locations and operations of its Network, including buried abandoned facilities. SECTION 12. VIOLATIONS OF AGREEMENT In the event that Licensee is in breach of this Agreement, or has violated or breached any local, state or federal law or regulation related to the rights granted herein (hereinafter referred to as "default', the City shall give written notice to Licensee of the default. Licensee shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, the time for curing such default shall reasonably be extended for such period of time as may be necessary to promptly complete such cure with due diligence. If the City determines that Licensee's default is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said 12 determination to Licensee and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to Licensee. If Licensee fails to cure a default within the time allowed, the City shall have the right to: seek specific performance; or ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE Licensee covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. Licensee agrees to require contractors and subcontractors engaged in work for Licensee on Public Property to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by Licensee in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this Agreement or their validity or legality and this Agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this Agreement to be terminated. SECTION 15. ASSIGNMENT Neither party shall assign or otherwise transfer this Agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days notice provided to Licensee, if the City determines that the License Area is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purposes, needs or uses, as long as Licensee exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or Public Property in which Licensee has installed its facilities without reserving such rights as necessary to allow continued use of such property for the Network in accordance with the terms of this Agreement, provided that nothing herein shall limit the City's right to require Licensee to relocate its Network as provided in Section 8 hereof. 5 SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 319 - 356 -5140 If to Licensee: Outside Plant Manager West Liberty Telephone Company 413 North Calhoun Street West Liberty, IA 52776 319 - 627 -0227 Provided, however, that in case of an emergency, notices may be given verbally to the above - named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Licensee's expense. �r Dated this al day of A A c Qs-r— , 2012. CITY OF IOWA CITY 6 Matthew J. Hayek, Mayor Attest: Vj? City C erk Approved by: City Attorney's Office 0124 rZ C:1 WEST LIBERTY TELEPHONE COMPANY CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY On this a ► day of AtAGuus-r-- , 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in Resolution No. /&- 377 and passed by the City Council, on the aj —day of A-,&C&/— . 2012; and that Matthew J. Hayek and Marian K. Karr acknowledged the execution said instrument to be the voluntary act and deed and the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAEFORT S6'`a� 'ro'b ` Commission Number 159791 Notary Public in and for the State of Iowa My Commission Dgme o :3 lj- My commission expires: 3 ? J ap)5 LICENSEE ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of c 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, Th and for said county, personally appeared Jerry Melick, to me personally known, wh being by me duly sworn did say that that person is the _ = Hof said corporation and that said instrument was signed on behalf of tide said corporation by authority of its board of directors or trustees and the said acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. Notary Publ—Icitrid for the St of Iowa My commission expires: Li 4-0 _ U: \PW\STAFF\Kim J \ROW Agreements \Temporary - Fixed \Fiber Optic \Liberty Communications.doc w 00 CO < LU U) 000000 < Z Cl) )7VA430 IS U) 0 z 0— a. 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History /Background: Liberty Communications, a division of West Liberty Telephone Company, has an agreement with Leepfrog Technologies at 2105 ACT Circle to provide internet connectivity. The proposed cable will be located beginning at the intersection of Scott Boulevard and N. Dodge Street easterly to 2105 ACT Circle. This fiber optic will be owned and maintained by West Liberty Telephone Company. Financial Impact: There will be no financial impact to the City. Discussion of Solution: To enable West Liberty Telephone Company to install said fiber optic cable, staff has drafted a License Agreement between the City of Iowa City and West Liberty Telephone Company. This Agreement will allow West Liberty Telephone Company to install, operate, and maintain a buried conduit containing fiber optic cable within City of Iowa City public right -of way. Recommendation: Staff recommends the authorization of the License Agreement with West Liberty Telephone Company at the August 21, 2012 council meeting. 141-D Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410 RESOLUTION NO. 12 -37s RESOLUTION ACCEPTING THE WORK FOR THE 2012 WATER MAIN DIRECTIONAL BORING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2012 Water Main Directional Boring Project, as included in a contract between the City of Iowa City and Volkens Excavating, Inc. of Dyersville, Iowa, dated April 16, 2012, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Annual Water Main Projects account #3204; and WHEREAS, the final contract price is $56,400.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of August '20 12 MAYOR Approved by ATTEST: SIG CITYt,l,ERK City Attorney's Office it /M �Z It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton S: \ENG \PW\Resolutions \Project ResolutionsWccept Project\2012 Water Main Boring\2012 Boring - Accept Project.doc 8/12 L r 3d(12) 1 i �.. ®4 ft moms l - •a.as._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org ENGINEER'S REPORT August 10, 2012 City Clerk City of Iowa City, Iowa Re: 2012 Water Main Directional Boring Project Dear City Clerk: I hereby certify that the 2012 Water Main Directional Boring Project has been completed by Volkens Excavating, Inc. of Dyersville, Iowa, in substantial accordance with the plans and specifications prepared by the City of Iowa City staff. The final contract price is $56,400.00 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer ' - =� E Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 12-379 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM TOBACCO OUTLET PLUS #537 WHEREAS, on May 29, 2012, an employee of Tobacco Outlet Plus #537, 923 S. Riverside Drive, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and WHEREAS, at the time of the violation, Tobacco Outlet Plus #537 was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, Tobacco Outlet Plus #537 has waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation within a two -year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Tobacco Outlet Plus #537. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: 8/21/2012 "7 44 A Mayor, City of Iowa City - - - - ATTEST:- City Ci�i , City of Iowa City Resolution No. 12 -379 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x 10 3140 FA-00 Mel V Champion Dickens Dobyns Hayek Mims Payne Throgmorton M(q 3d(14) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -380 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 18 IDYLLWILD COURT, IOWA CITY, IOWA. WHEREAS, on January 15, 2009, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the balance of the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 18 Idyllwild Court, Iowa City, Iowa from a Mortgage recorded February 9, 2009, Book 4391, Page 7 through 12, of the Johnson County Recorder's Office. Passed and approved this 21st day of august , 20_j.2_. Approved by ATTEST: CI ERK City Attorney's Office It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion X Dickens X Dobyns _ X Hayek X Mims x— Payne x Throgmorton Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Philip M. Reisetter and Karen H. Reisetter Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located in Johnson County, Iowa City, Iowa, and legally described as follows: 18 Idyllwild court, Building 5, Idyllwild condominiums, Iowa City, Iowa according to the Declaration of Submission of Property to Horizontal Property Regime Pursuant to Chapter 499B of the Code of Iowa, as recorded in Book 1516, page 68, and amendments thereto, records of the Recorder of Johnson County, Iowa. from an obligation of the owners, Philip M. Reisetter and Karen H. Reisetter, to the City of Iowa City represented by a Mortgage recorded February 9, 2009, Book 4391, Page 7 through 12, of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CITY RK STATE OF IOWA ) 1 SS: JOHNSON COUNTY 1 l ?SS : l a MAYOR Approved by City Attorney's Office 51- On this day of tAc- A.D. 20 ia- , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. -3S , adopted by the City Council on the 2/ day A"G us= , 20 /,Z and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. X 0 SONDRAE FORT Commission Number 159791 ?- My Commission 0 3 2o /S Notary Public in and for Johnson County, Iowa uts-21 -12 3d(15) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -381 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 1830 HIGH STREET, IOWA CITY, IOWA. WHEREAS, on September 14, 1998, the owner executed an Agreement with the City of Iowa City to secure a loan; and WHEREAS, the terms of the Agreement have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 1830 High Street, Iowa City, Iowa from an Agreement recorded October 11 2000, Book 3010, Page 473 through Page 490 of the Johnson County Recorder's Office. Passed and approved this 21st day of August , 20_L2_. affl� �i _ -.� . Approved by ATTEST:Ga2 J � CITY 6LERK -� - City Attorney's Office It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Greater Iowa City Housing Fellowship Mortgagee: City of Iowa City RELEASE OF UEN The City of Iowa City does hereby release the following property located at 1830 High Street, Iowa City, Iowa, and legally described as follows: Lots 5 and 6, Block 4, Morningside Addition to Iowa City, Iowa, according to the plat recorded in Book 1795, page 156, Plat records of Johnson County, Iowa. from an obligation of the owner, Greater Iowa City Housing Fellowship, to the City of Iowa City represented by an Agreement recorded October 11, 2000, Book 3010, Page 473 through 490, of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: �I�2'LJ CITY -ERK STATE OF IOWA ) ) SS: JOHNSON COUNTY ► Approved by City Attorney's Office s% On this al day of Qu C.uS i , A.D. 20 /a , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. 19-38, adopted by the City Council on the 3/ cTday AU G U 1--r- 20 /a- and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. a SONDRAE FORT mission Number 159791 y Commission Fires 3 av S Notary Public in and for Johnson County, Iowa J - 3d(16) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12_3gg RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTIES LOCATED AT 3317 JAMIE LANE, 1740 DOVER, 109 SHRADER ROAD, AND 1424 PRAIRIE DU CHIEN ROAD, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of four Mortgages, executed by the owner, ISIS Investments, L.L.C., of the properties dated July 1, 2008, recorded July 9, 2008, in Book 4322, Page 477 through Page 482, and dated July 18, 2008, recorded July 29, 2008, in Book 4331, Page 305 through Page 310, and dated July 30, 2009, recorded August 6, 2009, in Book 4490, Page 482 through Page 487, and dated July 30, 2009, recorded August 10, 2009, in Book 4491, Page 696 through Page 701 in the Johnson County Recorder's Office covering the following described real estate: Lot 64, Village Green South, Part 413, Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 41, Plat Records of Johnson County, Iowa. With a street address of 3317 S. Jamie Lane, Iowa City, Iowa Lot 114, Village Green South, Part Two (2), and addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 18, Page 67, Plat Records of Johnson County, Iowa. With a street address of 1740 Dover, Iowa City, Iowa Lot 59 in Linden Park Addition to Iowa City, Iowa, according to the recorded plat thereof. With a street address of 109 Shrader Road, Iowa City, Iowa The South 60 feet of Lot 6, Giblin's Third Addition to Iowa City, Iowa, a part of the SW % NW %, Section 2, Township 79N, Range 6 West of the 51h P.M. With a street address of 1424 Prairie Du Chien Road, Iowa City, Iowa. WHEREAS, Hills Bank and Trust is refinancing a mortgage to the owner of the properties located at 3317 S. Jamie Lane, 1740 Dover, 109 Shrader Road, and 1424 Prairie Du Chien Road and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, the purpose of the refinancing is solely to consolidate the financing of all the properties with one loan and one lender, and Hills Bank and Trust will be providing no additional funds to the owner; and WHEREAS, Hills Bank and Trust has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust; and WHEREAS, the subordination will not change the City's current position, that is, it will remain as second position and inferior to the owner's primary lender. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust, Coralville, Iowa. Passed and approved this 21st day of August , 20 12 •; ATTEST: CfTY UERK Approved by City Attorney's Office It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x X x x x _x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust Company of Coralville, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgages which at this time is in the amount of $188,180, and where executed by ISIS Investments, L.L.C. (herein the Owner), dated July 1, 2008, recorded July 9, 2008, in Book 4322, Page 477 through Page 482, and dated July 18, 2008, recorded July 29, 2008, in Book 4331, Page 305 through Page 310, and dated July 30, 2009, recorded August 6, 2009, in Book 4490, Page 482 through Page 487, and dated July 30, 2009, recorded Auqust 10, 2009, in Book 4491, Page 696 through Page 701, Johnson County Recorder's Office, covering the following described real property: Lot 64, Village Green South, Part 4B, Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 41, Plat Records of Johnson County, Iowa. With a street address of 3317 S. Jamie Lane, Iowa City, Iowa Lot 114, Village Green South, Part Two (2), and addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 18, Page 67, Plat Records of Johnson County, Iowa. With a street address of 1740 Dover, Iowa City, Iowa Lot 59 in Linden Park Addition to Iowa City, Iowa, according to the recorded plat thereof. With a street address of 109 Shrader Road, Iowa City, Iowa The South 60 feet of Lot 6, Giblin's Third Addition to Iowa City, Iowa, a pant of the SW 1/4 NW 1/4, Section 2, Township 79N, Range 6 West of the 5th P.M. With a street address of 1424 Prairie Du Chien Road, Iowa City, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $326.000 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mort-gages held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgages held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgages of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Sf- Dated this '�! day of AuC�uSr- , 20 12-. CITY OF IOWA CITY FINANCIAL INSTITUTION By A99-54 . Mayor Attest: KIM / CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Byy� --- L) On this as S� day of Au6.6(r- , 20 la--, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared MaJtA'-w Z ' and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordif�) (Resolution) No. ia- 382 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the a) sT day of Acw sz- , 20 is , and that C. L " !-'- and Marian K. Karr acknowledged the execution of the instrument to be their volunta y act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SO FORT reommis Number 15 yul My commission ? Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 3 day of J , 20_La= , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared KQ.x. +1. J oNeS to me personally known, who being by me duly sworn, did say that he /she is the -Se.�;'5 j"C-- at-S'- aQ�% of',�15,a1� —iRv C�w,INU that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said AcS acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. Notary Public in and for the State of Iowa My Commission expires: (P _G -14-- E ERIN C. STEPHENS Commission Number 753132 my Com fission Expires (o o -(Q- r4l 3d 17 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -383 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT AMONG THE CITY OF IOWA CITY, THE HOUSING FELLOWSHIP, AND CORRIDOR WOODS LIMITED PARTNERSHIP, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 720, 724, 728 & 732 FOSTER ROAD AND 701, 705, 709 & 713 ARCH ROCK ROAD, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owner, The Housing Fellowship, of the property on April 19, 2011, recorded on April 20, 2011, in Book 4742, Page 278 through Page 282, in the Johnson County Recorder's Office covering the following described real estate: Units 720, 724, 728, 732 to be constructed on Lot 3 and Units 701, 705, 709, 713 to be constructed on Lot 6, all of Mackinaw Village Townhomes Part 1B, created by amendment to declaration recorded in Book 4558, Page 191, Records of Johnson County Recorder, which amendment modifies the original Declaration which was recorded in Book 3978, Page 753. Lots 3 and 6 referred to above are in Mackinaw Village, Part One, Iowa City, Iowa, according to the plat thereof recorded in Book 48, page 106, Plat Records of Johnson County, Iowa. WHEREAS, Corridor Woods Limited Partnership has a ground lease with the owner of the properties located at 720, 724, 728 & 732 Foster Road and 701, 705, 709 & 713 Arch Rock Road; WHEREAS, the purpose of the subordination is solely to obtain a lien position ahead of the City of Iowa City's Mortgage covering the real estate described above; and WHEREAS, Corridor Woods Limited Partnership has requested that the City execute a subordination agreement thereby making the City's lien subordinate to the lien of said ground lease with Corridor Woods Limited Partnership; and WHEREAS, there is sufficient equity to security the City's position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest a subordination agreement among the City of Iowa City, The Housing Fellowship, and Corridor Woods Limited Partnership, Iowa City, Iowa. Passed and approved this 21st day of August , 2012. Resolution No. 12 -383 Page 2 !!V � 4 MAYOR Approved by ATTEST: l CITY RK City Attorney's Office It was moved by Champion and seconded by Pawn,. the Resolution be adopted, and upon roll call there were: AYES: x_ X X x_ NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 3d(18) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12_384 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA FINANCE AUTHORITY, DES MOINES, IOWA FOR PROPERTIES LOCATED AT 230 -232 ELIZABETH STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owner, The Housing Fellowship, of the property dated January 27, 2012, recorded January 30, 2012, in Book 4863, Page 205 through Page 209, in the Johnson County Recorder's Office covering the following described real estate: Commencing at the northwest corner of Lot 1 in Block 2 in Rose Hill Addition to Iowa City, Iowa, according to the recorded plat thereof; thence east 70 feet; thence south 84 feet; thence west 70 feet; then north 84 feet to the place of beginning. WHEREAS, Iowa Finance Authority is financing a mortgage to the owner of the property located at 230 -232 Elizabeth Street and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Iowa Finance Authority has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Iowa Finance Authority; and WHEREAS, there is sufficient equity to secure the City's interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the subordination agreement between the City of Iowa City and Iowa Finance Authority, Des Moines, Iowa. Passed and approved this 21st day of August , 20 12 A�kt/.N, MAYOR Approved by ATTEST: AkL le. 2:- CITY-CLERK City Attorney's Office Resolution No. 12 -384 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Y Champion _ x Dickens x Dobyns Hayek Mims x Payne Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Iowa Finance Authority, Des Moines, Iowa, herein the Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $61,267.50, and was executed by The Housing Fellowship (herein the Owner), dated January 27, 2012, recorded January 30, 2012, in Book 4863, Page 205 through Page 209, Johnson County Recorder's Office, covering the following described real property: Commencing at the northwest corner of Lot 1 in Block 2 in Rose Hill Addition to Iowa City, Iowa, according to the recorded plat thereof; thence east 70 feet; thence south 84 feet; thence west 70 feet; then north 84 feet to the place of beginning. WHEREAS, the Financial Institution has loaned the sum of $101,327 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 14 _ day of 1jaq cj 5- , 20 /.7-7 CITY OF IOWA CITY INSTITUTION By_ /`�� A By Mayor Carolann Jensen as ief Administration Officer of the Iow Finance Authority Attest: A It MUMS CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this .4/ day of AU&tk.sr-- , 20 /at , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared mcz4jAry V. 44 K and Marian K. Karr, to me personally known, and, who, being by me duly swom, did s y that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (srdinaP*&) (Resolution) No. �a - 38:� passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the a> f day of A u (, usT— ) 20 /= , and that _ > and Marian K. Karr acknowledged the execution of the instrument to be their volun ary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. V SONDRAE FORT _ Commission Number 159791rc • My commission Expires Notary Public in and for the State of Iowa 7 INSTITUTION'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: POLK COUNTY ) 1 On this day of August , 2012 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Carolann Jensen, to me personally known, who being by me duly sworn, did say that she is the Chief Administration Officer for the Iowa Finance Authority, the public agency of the State of Iowa executing the within and foregoing instrument; and that said Carolann Jensen, as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said agency, by it and by her voluntarily executed. ffl5KATK:EKUII�(Y ION . 772810 NISSEXPIRES y 2 15, Nota Public in and for the State of Iowa My Commission expiresG� �.S M� 3d Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030 RESOLUTION NO. 12 -185 RESOLUTION ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO STORM SEWER AND DRAINAGE EASEMENT AGREEMENTS FOR LOT 91, MACKINAW VILLAGE, PART FOUR AND OUTLOT B, MACKINAW VILLAGE, PART TWO, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, Owners, Prime Ventures Construction, Inc. and Mackinaw Village Homeowners Association, Inc., desire to adjust storm sewer and drainage easement locations to conform to their location as built on Lot 91, Mackinaw Village, Part Four and Outlot B, Mackinaw Village, Part Two; and WHEREAS, Staff finds it in the public interest to accept the dedication of said easements and enter in to easement agreements with the Owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Acceptance of the above - referenced easements is hereby approved and authorized. 2. The Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedications, including storm sewer and drainage easement agreements, and to record the same at Prime Ventures Construction Inc.'s expense. Passed and approved this 21st day of . August '2012. _..r Approved by ATTEST: , PfQiL2/ CITY RK City Attorney's Office Resolution No. Page 2 12 -385 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Melissa Clow, Special Projects Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5413 RESOLUTION NO. 12 -386 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COOPERATIVE AGREEMENT BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF IOWA CITY FOR THE 1 -80 1 DUBUQUE STREET INTERCHANGE IMPROVEMENTS [IM -80- 6(276)244-- 13 -52, IM- 80- 6(278)244-- 13 -52, IM -80- 6(306)244-- 13 -52, IM -80- 6(319)244-- 13 -521. WHEREAS, the City of Iowa City, Iowa has negotiated a cooperative agreement with the Iowa Department of Transportation for grading, traffic signals, lighting and storm sewer construction at the 1 -80 interchange with Dubuque Street; and Whereas, the Cooperative Agreement is designated as agreement number 2012 -4 -197; and Whereas, the City Council deems it is in the public interest to enter into said agreement with the Iowa Department of Transportation to work in cooperation during inspection of construction, for the DOT to bear all costs and construct the project, and for the City to assume future maintenance operations associated with Dubuque Street, mounted signs, storm sewer, traffic signals and lighting. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: It is in the public interest to enter into the above - mentioned agreement, attached hereto, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. Passed and approved this 21st day of August , 2012. ATTEST: City erk Mayor Approved by: la ��- City Attorney Office <C /IC')►2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: 3d ca0) Resolution No. Page 2 12 -386 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wright October 2009 IOWA DEPARTMENT OF TRANSPORTATION Preconstruction Agreement For Primary Road Project County Johnson City Iowa City Project No. IM- 080 - 6(276)244- -13 -52 IM-080-6(278)244--13-52 IM-080-6(306)244--13-52 IM-080-6(319)244--13-52 Iowa DOT Agreement No. 2012 -4 -197 Staff Action No. N/A This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT ", and the city of Iowa City, Iowa, a Local Public Agency, hereafter designated the "LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable; The DOT proposes to establish or make improvements to 1 -80 within Johnson County, Iowa; and The DOT and the LPA are willing to jointly participate in said project, in the manner hereinafter provided; and This Agreement reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Therefore, it is agreed as follows: 1. Project Information a. The DOT will design, let and inspect construction of the following described project in accordance with the project plans and DOT standard specifications: Portland Cement Concrete (PCC) grade and replace; traffic signals; lighting, storm sewer and intakes, and traffic signs at the 1 -80 interchange with Dubuque Street. b. All storm sewers constructed by the DOT as part of the project will become the property of the LPA, which will be responsible for their maintenance and operations. The LPA.will not make any connections to said storm sewers without the prior written approval of the DOT. The LPA will prevent use of such storm sewers as a sanitary sewer. 2. Project Costs a. The DOT will bear all costs except those allocated to the LPA under other terms of this Agreement. 3. Traffic Control a. 1 -80 and Dubuque Street through- traffic will be maintained during the construction. b. The following detours will by formal action be in accord with Iowa Code section 306.41. The DOT will temporarily close the westbound 1 -80 ramp to Dubuque Street (Exit 244) within the highway project area. Westbound ramp traffic will be detoured off of the project. A detour will be 2012- 4- 197_IowaCity October 2009 established to use the 1St Avenue interchange with 1 -80 in Coralville. Westbound 1 -80 traffic destined to Dubuque Street will be routed west to exit 242 (1St Avenue in Coralville); thence south on 1St Avenue to the eastbound 1 -80 ramp; thence east on 1 -80 to exit 244 (Dubuque Street). The DOT will temporarily close the southbound Dubuque Street to eastbound 1 -80 entrance ramp movement within the highway project area. Eastbound ramp traffic will be detoured off of the project. A detour will be established to use the 1 st Avenue interchange with 1 -80 in Coralville. Destined eastbound 1 -80 traffic will be routed west to exit 242 (1St Avenue in Coralville); thence south on 1St Avenue to the eastbound 1 -80 ramp; thence east on 1 -80. iii. The DOT will temporarily close the 1 -80 eastbound exit ramp to northbound Dubuque Street movement within the highway project area. Northbound Dubuque Street traffic will be detoured off of the project. A detour will be established to the use Iowa 1 interchange with 1 -80 in Iowa City. Destined northbound Dubuque Street traffic will be routed east to exit 246 (Iowa 1 /Dodge Street in Iowa City); thence north on Iowa 1 /Dodge Street to the westbound 1 -80 ramp; thence west on I- 80 to Exit 244 Dubuque Street; thence north on Dubuque Street. c. The LPA will authorize the DOT to erect and maintain signs within its jurisdiction, consistent with Part 6 of the "Manual on Uniform Traffic Control Devices ", as necessary to direct traffic to and along said detour route during the construction period. The DOT will also remove said signs when the detour is discontinued. Details will be shown on the traffic control sheet(s) within the project plans. A separate detour agreement will be negotiated and the LPA will be eligible for compensation for the detour in accordance with the DOT Detour Policy. 4. Right of Way and Permits a. Subject to the provisions hereof, the LPA in accordance with 761 Iowa Administrative Code Chapter 150.3(1)c and 150.4(2) will remove or cause to be removed (within the corporate limits) all encroachments or obstructions in the existing primary highway right of way. The LPA will also prevent the erection and /or placement of any structure or obstruction on said right of way or any additional right of way which is acquired for this project including but not limited to private signs, buildings, pumps, and parking areas. b. The DOT will be responsible for the coordination of utility facility adjustments for the primary road project. c. The LPA agrees to relocate all utilities necessary for construction which are located within the existing street or alley right of way, subject to the approval of and without expense to the DOT and in accordance with 761 Iowa Administrative Code Chapter 150.4(5) and the DOT Utility Accommodation Policy. d. With the exception of service connections no new or future utility occupancy of project right of way, nor any future relocations of or alterations to existing utilities within said right of way will be permitted or undertaken by the LPA without the prior written approval of the DOT. All work will be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the DOT. 5. Construction & Maintenance a. The LPA shall provide assistance to the DOT with inspection of traffic signal systems and when provided, the LPA shall comply with the procedures and responsibilities for materials testing and construction inspection according to DOT Materials Instructional Memorandums (IM) and the Construction Manual. 2012- 4- 197_IowaCity 2 October 2009 b. The LPA, in cooperation with the DOT, will take whatever steps may be required with respect to alteration of the grade lines of the new highway facilities constructed under the project in accordance with Iowa Code section 364.15. The DOT and LPA will work together to minimize potential impacts to properties that may occur as a result of the project. c. Upon completion of the project, no changes in the physical features thereof will be undertaken or permitted without the prior written approval of the DOT. d. Future maintenance of the primary highway within the project area will be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150. e. Upon completion of construction the LPA shall assume responsibility for all future maintenance operations associated with Dubuque Street and all mast arm mounted signs, all at no additional expense or obligation to the DOT. f. New lighting and/or traffic signal construction for this project shall be provided under guidelines established in 761 Iowa Administrative Code Chapter 150. The DOT shall construct traffic signal installations all at no cost to the LPA. Lighting installations will not be constructed as part of the project unless specifically requested by the LPA. Lighting which is requested by the LPA will also be paid for entirely by the LPA at no cost to the DOT or project. As constructed on this project, the LPA shall accept ownership of and responsibility for future energy and maintenance costs of traffic signal units which lie within and outside the corporate boundaries. Any necessary agreements between the LPA and other jurisdictions are the responsibility of the LPA. g. Structures built by the DOT over or under a primary road will be maintained structurally sound by the DOT, including repairs to floors and railing and painting. For structures serving roadways which are not on the primary road system, the cleaning and removal of snow, debris and foreign objects from local road traffic lanes, sidewalks or walkways within the project limits (if any) including pedestrian overpasses or underpasses will be the responsibility of the LPA. 6. General Provisions a. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the FIS is modified, amended or revised in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the FIS to the DOT. b. The LPA will comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Iowa Code Chapter 216. No person will, on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which State funds are used. c. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement. d. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such finding shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional, except to the extent that the original intent of the Agreement cannot be fulfilled. 2012- 4- 19T_IowaCity 3 October 2009 e. This Agreement may be executed in (two) counterparts, each of which so executed will be deemed to be an original. f. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and /or amendment(s); represents the entire Agreement between the LPA and DOT regarding this project. All previously executed agreements will remain in effect except as amended herein. Any subsequent change or modification to the terms of this Agreement will be in the form of a duly executed amendment to this document. 2012- 4- 197_IowaCity 4 October 2009 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2012 -4 -197 as of the date shown opposite Its signature below. CITY OF IOWA CITY: By: AWZA Date August 21 20-x. Title: Mayor I, Marian K. Karr certify that I am the Clerk of the City, and that Matthew J. Hayek , who signed said Agreement for and on behalf of the City was duly authorized to execute the same on the 2 i a day of Augua t —,2012-. Signed: 4/ 7ue''W-" %C • /A LLY City Clerk of Iowa City, Iowa IOWA DEPARTMENT OF TRANSPORTATION: By: 1�1 (31 a w ITh oe Date �'L i 20 t , Ames R. Schnoebelen District Engineer District 6 2012.4- 197JowaCity CITY O F IOWA CITY 3d(20) MEMORANDUM DATE: August 14, 2012 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer / RE: Cooperative Agreement with the Iowa DOT Dubuque Street / 1 -80 Pedestrian Bridge Introduction: This item includes approval of Iowa DOT Cooperative Agreement No. 2012 -4 -197 for DOT construction and Iowa City post- construction maintenance of the 1 -80 / Dubuque Street Interchange Improvement Project. History /Background: The Iowa DOT let plans on July 17, 2012 to improve the 1 -80 / Dubuque Street interchange. The Iowa DOT will design, let and inspect construction of the project in accordance with DOT standard specifications. The project includes new PCC concrete grade and replace, traffic signals, lighting and storm sewer and intakes. 1 -80 and Dubuque Street through traffic will be maintained during construction with detours established for any temporary ramp closures. Discussion of Solution: As a result of the project, all storm sewers constructed will become the property of and be maintained by the City and the City will assume responsibility for maintenance operations associated with Dubuque Street and all mast arm mounted signs. The City will provide assistance to the DOT with inspection of traffic signal systems and will accept ownership and maintenance responsibility of the traffic signal systems which lie within and outside of the City boundary, including energy and maintenance costs. In order to create continuity with the City's traffic cameras, the City will provide tilt and zoom cameras to be installed by the DOT as part of the project. Financial Impact: The Iowa DOT will fund the construction costs for the project. The City of Iowa City will be responsible of the future maintenance and energy costs for the traffic signal system. Recommendation: Staff is recommending approval of the Iowa DOT Cooperative Agreement 2012 -4 -197. 08 -21 -12 ✓ 3d(22) Prepared by: Tom Hansen, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52240 (319) 356 -5197 RESOLUTION NO. 12 -387 RESOLUTION AUTHORIZING THE PROCUREMENT OF A 2012 VERMEER HG6000 HORIZONTAL GRINDER FOR USE AT THE LANDFILL. WHEREAS, A landfill horizontal grinder is in need of replacement; and WHEREAS, a Request for Proposal (RFP) was put out to solicit proposals for the replacement of said horizontal grinder; and WHEREAS, five proposals were received in response to our RFP; and WHEREAS, the proposals were scored by staff members with expertise, resulting in an award to Vermeer for their 2012 Vermeer HG6000 horizontal grinder, which met City needs and had the lowest initial cost; and WHEREAS, the purchase price of the grinder is $399,000, which exceeds the City Manager's spending authority of $150,000, thus requiring City Council approval; and WHEREAS, funds for this purchase are available in account # 8100 - 462200- 474270; and WHEREAS, approval of this procurement is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposed procurement as described is approved. 2. The City Manager is authorized to take whatever steps are necessary to effectuate the purchase. Passed and approved this 21st day of August , 20_12_. kv MAYOR r Ap ved Y. ATTEST: CIT RK City Atto� yibti s Resolution No. 12 -387 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Mkt Prepared by: Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5413 RESOLUTION NO. i 2 -38A RESOLUTION SETTING A PUBLIC HEARING ON SEPTEMBER 4, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY PUBLIC WORKS FUEL FACILITY PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Public Works Facility Site Work account # 3956 and the Public Works Fuel Facility account # 3958. . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 4`" day of September, 2012, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 21st day of August '2012 MAYOR Approved bby�J I p A ATTEST: CITY °tERK City Attorney's Office f'J, 3t-(I) Resolution No. 12 -388 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: KA - x x -x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton r �4 CITY OF IOWA CITY 3e(1) on MEMORANDUM DATE: August 14, 2012 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer Z'.0, 'P61, RE: Public Works Complex — Fuel Facility August 21St, September 4th and October 2 "d Introduction: This project will construct a new fleet fuel facility at the Public Works Complex on South Gilbert Street. This project is included in the capital program. History /Background: The Public Works Facilities are currently located on two separate sites — the Riverside Drive Facility and the South Gilbert Facility. Besides its own fleet, the City currently provides fuel services to the Iowa City Community School District, Johnson County, Johnson County Sherriff and University Heights. The existing fuel facility, located at Riverside Drive, is undersized and has reached the end of its service life. There is currently one diesel storage tank and one gasohol tank that are filled every 4 days with no storage capacity for reserves or alternative fuels. Iowa City school buses refuel daily, can impact emergency and public works fueling abilities and back up site traffic for up to 2 hours. In 2008, flood waters almost reached the fuel island and access to the Riverside site was impacted. Discussion of Solution: Based on the condition and capacity of our current facilities and practices, it has been determined that this improvement is a priority in the overall plan to migrate all operations from the Riverside Drive site to the South Gilbert site. The project will be designed to meet current and future fuel demands. Infrastructure improvements to utilities and services, entrances, access roads, etc. will be sized and located to accommodate and provide for the long term Public Works Facility Master Plan. Financial Impact: The estimated construction cost of the base bid is $778,650 for the building, equipment and related site work. Funding for this project is available from General Obligations Bonds and Road Use taxes. The project will be competitively bid with design alternates for a bulk water station and additional underground utilities. Recommendation: Staff recommends proceeding with the project at the next City Council meetings. August 21St - Set Public Hearing September 4th - Hold Public Hearing October 2 "d - Award Project Ab �3 CA) Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5144 RESOLUTION NO. 12 -389 RESOLUTION SETTING A PUBLIC HEARING ON SEPTEMBER 4, 2012; ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL GROUNDWATER UNDERDRAIN LIFT STATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Landfill FY09 Cell Reconstruction account # 3321. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 4th day of September, 2012, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 21st day of August 120 12 AA MAYOR Approved by ATTEST:4 r CITY-CLERK City Attorney's Office pweng\masters\setph.doc 1/11 Resolution No. 12 -389 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 3eW P �`,._ CITY OF IOWA CITY MEMORANDUM DATE: August 3, 2012 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer re: Iowa City Landfill Groundwater Lift Station Project August 21, September 4 and October 2. Introduction: The City of Iowa City owns and operates the Iowa City Landfill and Recycling Center. The facility has systems for water and air monitoring to ensure regulatory compliance. These systems are monitored and analyzed for quality control and the results are submitted to the Iowa DNR for review. History /Background: The facility has a groundwater under drain system that was damaged during the fire response. The groundwater under drain system needs to be repaired to operate again. A new groundwater lift station is necessary to pump the groundwater under the landfill cells to the leachate lagoon where it will then be treated at the wastewater treatment plant. Discussion of Solution: A new groundwater lift station project has been designed and is ready to be constructed. Financial Impact: The total estimated cost of construction is $120,000. Funding will be provided by landfill revenues. Recommendation: Staff recommends proceeding with the project at the next city council meetings. August 21 - Set Public Hearing September 4 - Hold Public Hearing October 2 - Award Project cc: Rick Fosse, Public Works Director Daniel Scott, Project Engineer UU21 -12� 3e(2) CITY OF IOWA CITY MEMORANDUM DATE: � August 3, 2012 TO: Tom Markus, City Manager FROM: R Knoche, City Engineer ) re: Iowa ity Landfill Groundwater Lift Station Project August September 4 and October 2. Introduction: The City of Iowa City owns and opera s the Iowa rin City ndfill and Recycling Center. The facility has systems for water and ai onitog ensure regulatory compliance. These systems are monitored and analyze r qua y control and the results are submitted to the Iowa DNR for review. History/Background: The facility has a groundwater under drai ystem that was amaged during the fire response. The groundwater under drain ystem needs to be r aired to operate again A new groundwater lift station is nece ary to pump the groundw er under the landfill cells to the leachate lagoon where it ill then be treated at the avast ater treatment plant. Discussion of Solution: / \ A new groundwater lift st ion project has been designed and is ready to be Financial Impact: The total estimatedk-ost of construction is $82,000, Funding will be provided by landfill revenues. / Recommendation: Staff recom nds proceeding with the project at the next city council meetings. Au st 21 - Set Public Hearing S tember 4 - Hold Public Hearing tober 2 - Award Project cc: Rick Fosse, Public Works Director Daniel Scott, Project Engineer M4 : 1 Prepared by: Michael Moran, Parks and Recreation, 220 S. Gilbert St., Iowa City, IA 52240, (319)356 -5104 RESOLUTION NO. 12 -390 RESOLUTION SETTING A PUBLIC HEARING FOR SEPTEMBER 4, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORMANDY DRIVE RESTORATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the CIP account #4178. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 4th day of September, 2012, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 21st day of August _,2012 r ATTEST: CITY ERK � Ct r s fe r pwenglmasterslsetph.doc 1/11 Resolution No. 12 -390 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton =� r CITY O F IOWA CITY 3e(3) MEMORANDUM Date: August 15, 2012 To: Tom Markus, City Manager From: Michael Moran, Director of Parks and Recreation Re: Normandy Drive Restoration Project Introduction: This project will start the renovation and re- building of the area of Iowa City that was impacted by the flood of 2008. Plantings, trails and landscaping will be done to bring the area back into a green space as an extension of City Park and for use by the neighborhood and the public. History /Background: In 2008 after the flood, approximately 90 homes have been purchased and razed through CBDG and FEMA monies for use as park land. Neighborhood meetings were held over the past year to determine the extent of renovations and repairs to the area for use by the public. Discussion of Solution: FEMA mandates the amount and type of work that can be done in this area. No structures can be built and concentration will be on landscaping and repair of the grounds as well as permeable trails for use by the public as extensions of City Park and the Rocky Shore Drive trail systems. Recommendation: Approve the public hearing and begin the process of renovating this area of the community Fiscal Impact: The additional costs for this area will be on -going maintenance expense for the cities Park and Recreation Department. This project is budgeted as a CIP project #4178 for $409,000 and will be funded by GO Bonds. Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5149 RESOLUTION NO. 12 -391 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE DEWEY STREET BRICK RECONSTRUCTION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in the Brick Street Reconstruction account # 3849. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 12th day of September, 2012. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 18th day of September, 2012, or at a special meeting called for that purpose. Passed and approved this 21st day of August 120 12 n �- . MAYOR Approved by ATTEST: l.�iLc 1r(�tu ✓+ �� CITY CLERK City Attorney's Office pwengtrnasters\res appp &s.doc 8/12 Resolution No. 12 -391 Page 2 It was moved by Dickens and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x- x x X x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton M_� 7 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -392 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 618 NORTH GILBERT STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -six single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 618 North Gilbert Street, Iowa City; and WHEREAS, the City has received an offer to purchase 618 North Gilbert Street for the principal sum of $219,395, plus any "carrying costs" accrued after July 17, 2012. Carrying costs are costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on July 31, 2012, the City Council adopted a Resolution proposing to convey its interest in 618 North Gilbert Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 618 North Gilbert Street, legally described as part of Lot 4, Block 51, Iowa City, Iowa. Resolution No. 12 -392 Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS x X x x Y X x ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Passed and approved this 21st day of August , 2012. M. ATTEST: _2J CITY'CLERK Approved by City Attorney's Office Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -393 RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AUTOHAUS LTD FOR LOTS 14 AND 15 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION WITH AN OPTION TO PURCHASE LOT 13 AND AUTHORIZING CONVEYANCE. WHEREAS, The North Airport Development Subdivision includes commercial lots which have been marketed for sale to the general public; WHEREAS, the City has negotiated a purchase agreement with Autohaus LTD that requires City Council approval; WHEREAS, said purchase agreement provides that buyer will purchase Lots 14 and 15 for $336,936 with an option to purchase Lot 13 by January 31, 2013 for $166,617; and WHEREAS, following public hearing, the City finds that said purchase agreement should be approved and that the property should be conveyed in accordance therewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The purchase agreement with Autohaus LTD is approved. 2. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute all documents necessary to dispose of said property in accordance with said purchase agreement. Passed and approved this 21st day of _ August 2012. MAYOR ATTEST: rJ L CITY ERK Apprbc(C City Attorney's Office Resolution No. 12 -393 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: — x x x x X x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 12 -394 RESOLUTION ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST ZOMBIES TOBACCO WHEREAS, on May 29, 2012, an employee of Zombies Tobacco, 316 E. Burlington Street, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation, Zombies Tobacco was operating under a retail cigarette. permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and is subject to a $1500.00 civil penalty or thirty day retail cigarette permit suspension, at the retailer's option, for the second such violation within a two -year period; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Zombies Tobacco and at said hearing the City Council heard the facts of the violation and the arguments of the permittee, if any; and WHEREAS, this violation is the second such violation of an employee of Zombies Tobacco within a two -year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing and pursuant to Iowa Code § 453A.22(2), hereby imposes either a $1500.00 civil penalty or thirty day retail cigarette permit suspension, against Zombies Tobacco, at its option. BE IT FURTHER RESOLVED, that said retail cigarette permittee has three months from the date of this Resolution, up until and including November 21, 2012, to choose its civil penalty by either paying the $1500.00 civil penalty in full to the City Clerk or by delivering to the City Clerk its retail cigarette permit for service of a thirty day suspension. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: „2usi- 21. -2012 Mayor, City of Iowa Ci ATTEST: If City rk, City of Iowa City Resolution No. 12- Page 2 It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: Y_ x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton G T -CIW ❑ RES EYNON-RFS JXl ❑ OC [�GxC &R IOWA UNIFORM CITATION AND COMPLAINT ❑ HIS 4ON-HIS IOWA CITY POLICED r ARTMENT ARMED ❑ YES ❑ NO INC# PLAINTIFF: 4state of Iowa L IC 0— 226016 ❑ County of: JOHNSON No.: , ❑ City of: IOWA CITY J/�'� Q �% In the Court at 417 S. CLINTON STREET, JOHNSON COUNTY COUf�THOUS7 / N WC Y' NAME: -; Middle _ Defendant, Last htrst Address�� — City r �' Stated Zip" SS 2 � j � 2 State 4 Co. # — DL Class DL End ' DL Rest. DL /State ID Viewed? Yeo No ❑ DOB T l ,l %J} Race ti,G_Ethn._" Sex IIt._Wt. W /l3 /I /A /U Il /N /ti The undersigned states that on or about `�� ( I at ❑ AM �PM defendant did unlawftilly: Mo. Day Yr. t _ r ` Olter�Te Motor Vehicle /Boat (describe) —f-- _ 4 5 =—.k� � me,)- )L.4 -- z - CDL Req? Yes❑ No❑ Pass End. eq? Yes❑ No❑ llazMat End Req. Yes❑ No❑ Reg. # State car Upon a public highway at Located in the county and state aforesaid and did then and the recommitthe following offense: ❑Traffic ❑ Navigation ❑ Snowmobile /ATV c,P;Hsh -Gia} ❑Parks ❑Tobacco &cheduled Vio /Fi :e $ { l{�yRoad 0aastructibT16,tic rF�LV 11 So� uIed Vtnl Ytion Surcharge $ ,;ouatA eatanr-e °F °equiz d(805.40 c`) eason,:i._. Do Court Cost s F�— CarvI ' t `al [l � � A 1 r d. e (n$t L;;X.gc A1t 0 r s0sh e0s) sO Am cecnidt CosNot Total Fin $ Violation ent Write Speed Ll Zone -Sec. # - r j IA Cod,; DATA CODE Fcd /Adtn. Code Local Ord. CERTIFICATE I , Lode ma Verkley , Clerk. of the District Court of the State of Iowa, in and forJohnson County, do hereby certify that this is a true and complete copy of the Original Instrument(s) filed.in this office consisting of i pages, IN TESTIMONY WHEREOF, f have hereunto set my hand and affixed the Seal of id Court at my offiq 'n lob a City, Iowa this day In I certify under penally of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. This Dated ID o. Mo. ay Yr. Officer's ignature Sparc Court Date: if you must appear in court or if you choose to appear to answer a charge which does not rc ( . e an appearance, report to the ab vc named court on: at J `� oAM ❑ PM Mo. Day Yr. NOTICE: Providing false'information is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdemeanor. My signature below is not a plea of guilty, but acknowledges all of the following: 1. I hereby sweat and affirm (fiat the information provided by me on this citation is true under penalty of providinTfalsc information. 2; 1 promise to aVpcar in said court at said time and place, or I will comply with the provision on the top.of the rc)brsc side of the citation. The following applies to simplclnisdemcanors,only: ) 7`� 3. 1 hereby give my unsecured appearance bo id in the amount of 1 b_JL oars and enter my written appearance. I agree that iFtfail to appcar in person or by counsel to defend against the offense charged in this citation, the court i,& authorized 100nter a conviction and render judgment against me for the amount of my appearance bond in satisfaction of the penalty and surcharge plus court costs. !���alurc of Defendant C(Alt F RECORD .... .... ... ... ... ......... .... ........ .... ........ ... . _0V ............ ............ ...... OND [.T Y 1 Y No I (JUf NO I (A- N. I11 SN I I :zS,.� I, 7WC i Io. :nowl-N lj� i l z t 1,111" ST 'I"A IAR('lF,.,, --tot .......... t.,c,) . . .......... ............................... ... .. . .. ........... ....... J] --_------------- Ci `4 PtU . ..... . ... ' AU8GEMENT-0 F— 0 4,0, -APPEAR F�1j� A31 Is ]�DEFEN . OLIN.T�.�n��;:nf::::;T:=�::�.:. BOLA- EDJ' CPMND. TAR ViIA]' CI I !(.)N IS I;:.: `Ii CORPI-C, JIVI ................ ............................. ............... . . .... . ....... ;Yoi. to voscout� . . ...... . . .. . ............. . ... . ... . ............... . . . . .. .... . .. . .................. . . . . . ............... . ..... . . ............. . _ ...... . .... .... . ...... . . . . ...... . . . ... .... ....... . .............. . ... ..... . .... . ... .... . . ..... Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. RESOLUTION ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RET CIGARETTE PERMIT SUSPENSION AGAINST ZOMBIES TOBACCO , WHE"S, on May 29, 2012, an employee of Zombies Tobacco, 316 E. Burlington violated Io a Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at a time of this violation, Zombies Tobacco was operating and a retail cigarette permit issued by t e City of Iowa City; and WHEREAS, pursuant o Iowa Code § 453A.22(2), an establishment w 'ch holds a retail cigarette permit is subject to a ci penalty of $300.00 as a result of its emplo ee violating Iowa Code § 453A.2(1), after a hearing d proper notice; and is subject to a $ 00.00 civil penalty or thirty day retail cigarette permit su ension, at the retailer's option, fo the second such violation within a two -year period; and WHEREAS, a hearing was held on his date by the City ouncil to determine whether to assess the civil penalty against Zombies To cco and at said earing the City Council heard the facts of the violation and the arguments of the ermitee, if a ; and WHEREAS, this violation is the seconds h v' within a two -year period to be considered b e NOW, THEREFORE, BE IT RESOLV BY that the City Council, after notice and earing ai imposes either a $1500.00 civil pen or thirty Zombies Tobacco, at its option. BE IT FURTHER RESOL date of this Resolution to c full to the City Clerk or b thirty day suspension. lation of an employee of Zombies Tobacco City Council under Iowa Code § 453A.22(2). CITY OF IOWA CITY CITY COUNCIL irsuant to Iowa Code § 453A.22(2), hereby Ketail cigarette permit suspension, against that said retail cigarette p its civil penalty by either ;ring to the City Clerk its ;e has twenty (20) days from the g the $1500.00 civil penalty in cigarette permit for service of a BE IT FURTH that the City Clerk will forward a c y of this Resolution to the Johnson Couney's Office, which will then provide a copy of e same to the retail cigarette permr via regular mail sent to the permit holder's place f business as it appears on the applicata retail cigarette permit. PASSED AND APPROVED: , City of Iowa City ATTEST: City Clerk, City of Iowa City de-�,re-4 L 08-2.1-12 i 13 Prepared by Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA (319)356 -5030 RESOLUTION NO. RESOLUTION ADOPTING A POLICY FOR USE OF PUBLIC RIGHT - OF -WAY FOR SIDEWALK CAFES AND RESCINDING RESOLUTION NO. 07 -227. WHEREAS, sidewalk cafes are a use of the public right of way in the CB2, CBS, and CB10 zones; WHEREAS, the City recently amended Section 10 -3 -3 of the City Code to regulate sidewalk cafes primarily by means of Council adopted policy; WHEREAS, in Resolution No. 07 -227, City Council adopted a fee schedule and deposit requirements for sidewalk cafes; and WHEREAS, the City should adopt one policy for sidewalk cafes that includes the regulations and fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The attached "Sidewalk Cafe Policy" is adopted. 2. Resolution No. 07 -227 is rescinded in its entirety. Passed and approved this day of '2012. ATTEST: CITY CLERK MAYOR Approved by: City Attorney's Office SIDEWALK CAFE POLICY (adopted Res. No. 12 -_) 8/21/12 In addition to the policy set forth below, sidewalk cafes are governed by Section 10 -3 -3 of the City Code, which is set forth below at the end of the policy. Location 1. Sidewalk cafes may be located in the public right of way only in the CB -2, CB -5 and CB- 10 zones (the downtown and the commercial areas directly north and south of the downtown). 2. In City Plaza (a /k/a, the ped mall), cafes may be located in either zone 1 or zone 2 if in conjunction with zone 1. Zone 1 is the area within ten feet (10') of the buildings. Zone 3 is the emergency /service lane through the middle of City Plaza. Zone 2 is the remaining area. For the specific definitions of the zones in City Plaza, see Section 10 -5 -1 of the City Code. Usable Sidewalk Cafe Area 1. In the CB -10 zone with the exception of City Plaza, a sidewalk cafe area may not extend onto the sidewalk in a manner that will not allow a minimum of eight feet (8') of unobstructed walkway on the side of the cafe that is parallel to the building. The eight -foot (8') unobstructed walkway does not apply to cafes located on the street. 2. In City Plaza, there must be a minimum of eight feet (8') of unobstructed walkway between the side of the cafe that is parallel to the building and any public elevated planter. If a sidewalk cafe extends into zone 2, there must be a straight, unobstructed walkway, which is at least five feet (6) wide, through the cafe in zone 1. Said walkway shall be included within the sidewalk cafe area and as such, shall be under the control of the establishment and subject to the annual fee. The walkway must be delineated in such a manner that the entire cafe abuts the building. In the event that an adjacent establishment seeks to locate an abutting sidewalk cafe entirely in zone 1 such that said walkway would end at the abutting cafe, the cafe owner must relocate the cafe to zone 1 within thirty (30) days of written notice from the City. 3. In the CB -2 and CB -5 zones, the minimum of eight feet (8') of unobstructed sidewalk is not required if the existing sidewalk is less than eight feet (8') in width. If the sidewalk is less than eight feet (8') in width, a sidewalk cafe may not extend into or encompass in any manner the existing sidewalk and may not impede pedestrian traffic. 4. A sidewalk cafe area may not be located in street corner areas defined by building lines extended to the street and no closer than ten feet (10') from an alley. However, a cafe may be located between two feet (2') and ten feet (10') from an alley if the fencing located within ten feet (10') is a type that is less than twenty percent (20 %) solid. 5. A sidewalk cafe may not extend beyond the building line extended, except for those on the street or in a planter. 6. A sidewalk cafe serving alcohol shall be contiguous with a side of the building wherein the establishment is located. For cafes in the street and in planters, the contiguous requirement may be satisfied by an overhead canopy at least five feet (5) wide connecting the building to the 1 cafe. The design of the canopy shall be approved by the City. The area underneath the canopy shall be under the control of the establishment and is subject to the annual fee. Operation of Sidewalk Cafes 1. Advertising shall not be permitted in the sidewalk cafe area except for the name of the establishment on chairs, tables, umbrellas or other amenities, as approved by the City. 2. No blockage of building entrances or exits is permitted in a sidewalk cafe area. 3. Additional restroom capacity may be required to comply with local building and housing codes. 4. Occupancy limits are determined as set forth in the City building code. 5. No additional parking is required for the operation of a sidewalk cafe. 6. Sidewalk cafes are subject to annual inspections and may be inspected at any other time at the City's discretion. 7. The sidewalk cafe owner is responsible for trash removal and shall maintain the area and surrounding five feet (6) in a clean and litter free manner during all hours of operation. 8. All sidewalk cafes must meet the accessibility standards of City, State, and federal law. Easement Agreement 1. The agreement shall be between the City and the cafe owner with the approval of the building owner, if different than the cafe owner. 2. The agreement shall provide that no property right is conferred and that it may be terminated if the City determines that the right of way is needed. 3. The agreement shall include provisions for insurance, indemnification, fencing, maintenance, including vegetation and the subsurface if applicable, and any other reasonable provision as determined by the City Manager, or designee. 4. The agreement shall include a schematic diagram that shows that the cafe and platform, if applicable, comply with this policy and the City Code. Except for cafes on City Plaza, the design shall include all existing streetscape amenities and utility features (such as valves and manholes) within eight feet (8') of the proposed cafe. 5. Except for cafes located on the street, the agreement shall be issued from February 1 through January 31. The initial agreement may be less than the one year, but shall expire on January 31. 6. The agreement shall be recorded at the cafe owner's expense. 2 Fencina (For Cafes Not on the Street 1. Except during the term of the initial easement agreement and from December 1 to February 28 thereafter, and with the exception of the entrances to the walkway required when a cafe extends into zone 2, the area for a sidewalk cafe shall be delineated by anchored fencing. During the initial easement agreement and from December 1 to February 28, said area may be delineated by ropes or some other suitable method which shall be detectable by pedestrians who are visually impaired. 2. Fencing shall be constructed of a durable material, such as steel, aluminum, or wrought iron. Wood fencing shall not be allowed. The City shall approve the design. 3. If stored outdoors, tables, chairs, and other items shall be secured within the anchored fencing at the end of each day's operation so that they are unusable and shall not block or obstruct emergency exits. If anchored fencing is not used, tables, chairs and other items shall be removed at the end of the day's operation, and the sidewalk cafe area shall be restored to its normal condition as a pedestrianway. 4. The cafe owner shall be responsible for any damages to the public right of way caused by the placement of any anchored fencing. 5. Planters with flowers and /or other vegetation are allowed as an alternative to temporary and anchored fencing to delineate the sidewalk cafe. The design of the planters shall be approved by the City Manager, or designee, subject to the following limitations: a. The planters shall, at the cafe owner's option, be either fastened to each other or removed from the sidewalk or City Plaza at the end of the day's operation along with the tables, chairs, and other items. b. The planters shall not be less than twenty seven inches (27 ") or more than thirty six inches (36 ") in height excluding plantings. c. The planters shall be either metal or have a metal frame. 6. Anchored fencing on a concrete platform may remain year round. Public Amenities and Utilities 1. Except as provided herein, a sidewalk cafe shall not utilize or encompass any public amenities, including, but not limited to, benches, seats, tables, trash receptacles, public art, bike racks, water spigots, kiosks, posting pillars, and pergolas. The City Manager or designee may approve the utilization, encompassing, or relocation of a public amenity on the condition that the cafe owner pay all associated costs. 2. A sidewalk cafe may encompass trees, tree rings, light poles, water valves, manholes, and stormwater intakes but shall not interfere with their care, maintenance or operation. Access shall be available to the City for their care and maintenance. 3. Amenities, including trees, tree rings and light poles, shall be considered obstructions for purposes of the requirements of the eight foot (8) unobstructed walkway. 4. The amenities used in the sidewalk cafe area shall be maintained in good condition. 3 5. Upon payment of the electricity fee, the cafe owner may use the City's electrical outlet but only for lights. Planters 1. A sidewalk cafe may encompass or utilize an elevated planter if the proposed cafe meets the following criteria, as determined solely by the City: a. It does not interfere with pedestrian movement. b. It does not adversely affect drainage. c. It does not adversely affect public or city utilities. d. It does not adversely affect trees, shrubs or other plantings. e. It enhances the appearance of the surrounding area, and if in City Plaza, it enhances the use of City Plaza. f. It does not interfere with the functionality of any other existing sidewalk cafe. g. It is not otherwise contrary to public interest. 2. If utilizing two planters, the area between the planters shall be included in the sidewalk cafe area but need not be delineated as such unless tables and chairs are present. 3. The cafe may extend beyond the building line extended, but the distance between the planter and the building line extended shall not be greater than eight feet (8'). 4. The cafe owner shall pay all costs associated with the cafe including, but not limited to, the cost to move water mains and water service lines, to remove and plant vegetation, to move electrical outlets, and to cut and restore the limestone. 5. The City may require the cafe owner to add plantings within the cafe area at the cafe owner's cost. 6. This provision is to address the following two competing concerns: There are a limited number of planters and cafes in planters will entail a substantial financial investment. If a cafe owner enters into an easement agreement with the City, said cafe owner will have priority over subsequent applicants for a cafe in the planter for the following two cafe seasons assuming that the City continues to authorize cafes in planters. The priority is to the individual business owner of said cafe owner and cannot be assigned or sold to another cafe owner. After three (3) seasons, there will be a lottery for the cafe spaces in the planter. In order to be eligible for the lottery, a cafe owner will need to submit a written application by February 1 following the third cafe season. If no applications are received by February 1, the City will consider applications filed after February 1 on a first come, first serve basis. The City will provide information on the lottery on its website. Platforms (For Cafes Not on the Street) 1. Sidewalk cafes may be located on a platform on top of a public sidewalk if the City Manager or designee determines there is excessive slope in the sidewalk and approves the design and if suitable access is provided for persons with disabilities. 4 2. Sidewalk cafes may be located on a concrete platform in the right of way that is not a public sidewalk if the City Manager or designee approves the concrete design and if suitable access is provided for persons with disabilities. Fencing shall not be more than three feet (3') in height, measured from the plane on which the chair sits to the top of the railing, excluding finials. Cafes on the Street 1. An establishment cannot operate a cafe in the street if there is sufficient room on the sidewalk for a cafe with an area of at least one - hundred twenty square feet (120 sq. ft.). 2. There shall be a minimum four foot (4) buffer on either end of the cafe for safety reasons. These buffers shall be established and maintained by the City and may be used for moped parking and /or bicycle parking. The buffer is subject to the annual fee. As used in this policy, the term sidewalk cafe area does not include the 4 -foot buffer. 3. The sidewalk cafe area may include the portion of the parking space beyond the building line extended if the cafe owner has obtained the consent of the adjacent property owner and first -floor tenant, if any. The 4 -foot buffer may be located beyond the building line extended without consent. If a portion of the parking space is not within the building line extended, the sidewalk cafe area cannot utilize that parking space even with consent. Parking spaces will not be restriped to align with building lines. 4. Cafes, including the 4 -foot buffer, in each block face cannot utilize more than thirty percent (30 %) of the total parking spaces in that block face. 5. Cafes cannot be located in loading zones. 6. Cafes cannot be set up before April 1 and shall be removed no later than the Tuesday following the last University of Iowa home football game. Cafes may have to be removed temporarily at the cafe owner's sole expense to accommodate an event on the street permitted by the City (e.g., criterium). 7. The portion of the cafe located on the street shall be on a platform. The design features of the platform shall be submitted with the application. The platform shall not impede drainage in the street gutter. 8. The area for a sidewalk cafe shall be delineated by anchored fencing. Fencing shall be constructed of a durable material, such as steel, aluminum, or wrought iron. Wood fencing shall not be allowed. The City shall approve the design. 9. If stored outdoors, tables, chairs, and other items shall be secured within the anchored fencing at the end of each day's operation so that they are unusable. 10. Planters with flowers and /or other vegetation are allowed as an alternative to anchored fencing to delineate the sidewalk cafe. The design of the planters shall be approved by the City Manager, or designee, subject to the following limitations: a. The planters shall be fastened to the platform. b. The planters shall not be less than twenty seven inches (27 ") or more than thirty - six inches (36 ") in height excluding plantings. C. The planters shall be either metal or have a metal frame. 11. The fee shall be a combination of the following four (4) fees: a) The annual square footage "right of way" fee for the portion of the cafe located on the sidewalk; b) the annual square footage "platform" fee for portion of the cafe located on the street; c) the daily fee for each parking space regardless of the amount of the parking space that the cafe utilizes; and d) bollard fee. If any portion of the cafe located on the sidewalk is on a platform, the fee for that area will be the annual square footage "platform" fee. 12. There is no guarantee that the City will continue to authorize cafes in the street. The cafe agreement will include a paragraph in substantial compliance with the following: Cafe owner further acknowledges and agrees that no property right is conferred by this agreement for the use of portions of the public right -of -way, that the City is not empowered to grant permanent or perpetual use of its right -of -way for private purposes, that the City may order said locations and /or uses within the right -of -way to cease and desist if, for any reason, the City determines that said right -of -way is needed for a public use and should be cleared of any and all obstructions, and that the cafe owner shall not be entitled to any compensation should the City elect to do so. 13. This provision is to address the following two competing concerns: The "30% limitation" limits the number of establishments that will be allowed to operate a cafe in the street and cafes on the street will entail a substantial financial investment. If a cafe owner enters into an easement agreement with the City, said cafe owner will have priority over subsequent applicants for a cafe within the same block face for the following two calendar years assuming that the City continues to authorize cafes in the street (see the immediately preceding paragraph). The priority is to the individual business owner of said cafe and cannot be assigned or sold to another cafe owner. After three (3) years, there will be a lottery for the cafe spaces within the block face. In order to be eligible for the lottery, a cafe owner will need to submit a written application by February 1 following the third calendar year. If no applications are received by February 1, the City will consider applications filed after February 1 on a first come, first serve basis. The City will provide information on the lottery on its website. City Manager 1. The City Manager is authorized to approve any other provision or require any other restriction regarding the use of the public right of way by a sidewalk cafe that is not inconsistent with this policy or the City Code. Fees 1. Annual fee for sidewalk cafes located directly on the public right -of -way: $5.00 per square foot. 2. Annual fee for sidewalk cafes located on a structure /platform (including cement platform) placed on the public right -of -way: $10.00 per square foot. 3. Annual fee for the area of the sidewalk cafe utilizing an elevated planter on the public right -of -way: $10.00 per square foot. The annual fee for the portion of a "planter" sidewalk cafe that is not located on the elevated planter: $5.00 per square foot. 4. Annual fee for a sidewalk cafe located on the street: $5.00 per square foot for the area located on the sidewalk and within the 4 -foot buffer plus $10.00 square foot for the area located on the platform on the street plus daily fee for each parking space as set forth in the City Code (presently, $12.00 per day) for every day the platform is on the street plus bollard fee. 5. Deposit for sidewalk cafes which place anchored fencing in the public right -of -way: $200.00. This deposit shall be refunded if the right -of -way, and planter if applicable, is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. 6. Deposit for sidewalk cafes which place a structure /platform (including cement platform) on the public right -of -way, regardless of whether anchored fencing is used: $500.00. This deposit shall be refunded if the structure /platform is removed, and the right -of way is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. 7. Deposit for sidewalk cafes which utilize an elevated planter in the public right -of -way: $1,000.00. This deposit shall be refunded if the platform is removed, and the right -of -way is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. 8. If the initial easement agreement is for less than one season, the fees listed in Paragraphs 1 -4 above shall be prorated on a quarterly basis. 9. Electricity fee for using electrical outlet for lights for cafes in planters: $45 per year. 10. Bollard Fee: Actual cost of the bollards based on a five (5) year life cycle plus one (1) hour labor at the MWII pay grade to install, maintain, and remove the 4 -foot buffer. If the platform is removed temporarily during the year, the labor fee is assessed again when the platform is reinstalled. A minimum of two (2) bollards will be required, and the City shall determine if additional bollards are needed. 11. Recording fee for the easement agreement: Actual fee charged by County Recorder. 7 Section 10 -3 -3 of the Citv Code A. Sidewalk cafes are permitted in the public right of way only in the CB -2, CB -5 and CB -10 zones (the downtown and the commercial areas directly north and south of the downtown). B. No person shall operate a sidewalk cafe without executing an easement agreement. C. Each sidewalk cafe applicant shall file an application for an easement agreement with the Public Works Department, on forms provided by the City. D. The City Manager, or designee, shall either grant or deny the application within thirty (30) days of the application being filed. If the application is granted, the City Manager, or designee, is authorized to enter into a public right of way easement agreement. If the application is denied, the applicant may appeal to the City Council by filing a written appeal with the City Council, and the appeals process shall be the same as provided for mobile vendors in this chapter. The City retains the right to limit the number of sidewalk cafes. E. After execution of an easement agreement, the City Manager, or designee, shall retain the right to terminate the easement agreement but only after written notice of violation has been given and the time to cure the violation has expired. Grounds for termination of the easement agreement shall include, but not be limited to, repeated violations of the state and liquor control laws, violations of the easement agreement, and creating a safety hazard, health hazard and /or public nuisance under state or local law. Additionally, the City Manager, or designee, retains the right to terminate the easement agreement and direct removal of sidewalk cafe operations if there is a substantial and reasonable need for use of the public right of way for a valid public purpose. The cafe owner has the right to appeal a decision to terminate the agreement to the City Council. The appeals process shall be the same as provided for mobile vendors in this chapter. F. The easement agreement, at a minimum, shall require the cafe operator to provide a certificate of insurance satisfactory to the City, and shall agree to hold the City harmless against any and all liability arising from or relating to the operation of the sidewalk cafe or the location of the cafe on the public right of way including, but not limited to, all claims arising from occurrences or accidents within the sidewalk cafe area, including the walkway through a cafe. G. Sidewalk cafes shall operate only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight. H. Food and beverages must be available for service to patrons in a sidewalk cafe during all hours of operation. Sidewalk cafes shall not operate when the restaurant kitchen is closed. I. A sidewalk cafe serving alcoholic beverages shall have an employee monitoring the area at all times during the hours alcohol is consumed and shall dispense any alcoholic beverage under state and local law. J. Amplified sound equipment shall not be permitted. K. The operation of any sidewalk cafe shall be in conformity with all applicable federal, state, and local laws and regulations. L. All fees for the operation of a sidewalk cafe shall be set by resolution. M. The City Manager is authorized to establish administrative rules not inconsistent with any ordinance or policy adopted by the City Council. A copy of the policy and rules shall be on file with the City Clerk and available of the City website. ILI 1) N !S/ . 1. TIM: i A ewalk Cafe's SIDEWALK CAFE POLICY (adopted Res. No. 12 -_) In addition to the policy set forth below, sidewalk cafes are governed by Section 10 -3- of the City Code, which is set forth below at the end of the policy. Location 1. Sidewalk cafe may and thle comm'erci�al areas directly /nn th of he do ntow )B 10 zones (the downto 2. In City Plaza (a /k/ the ped mall), cafes may be loc zone 1 or zone 2 if in conjunction with zone 1. Z ne 1 is the area within ten feet (ildings. Zone 3 is the emergency /service lane thro h the middle of City Plaza. Zremaining area. For the specific definitions of the nes in City Plaza, see Sectihe City Code. Usable Sidewalk Cafe Area 1. In the CB -10 zone with the a eption of City PI za, a sidewalk cafe area may not extend onto the sidewalk in a manner that wil of allow a mi imum of eight feet (8') of unobstructed walkway on the side of the cafe that is rallel to th building. The eight -foot (8') unobstructed walkway does not apply to cafes located n the st et. 2. In City Plaza, there must be a minimLN between the side of the cafe that is parallel to sidewalk cafe extends into zone 2, there mu least five feet (6) wide, through the cafe in c sidewalk cafe area and as such, shall be d the annual fee. The walkway must be del' ea eight feet (8') of unobstructed walkway building and any public elevated planter. If a a straight, unobstructed walkway, which is at Said walkway shall be included within the i control of the establishment and subject to in ch a manner that the entire cafe abuts the building. In the event that an adjacent a ablishment eks to locate an abutting sidewalk cafe entirely in zone 1 such that said walkw y would end at a abutting cafe, the cafe owner must relocate the cafe to zone 1 within thirt (30) days of writt notice from the City. 3. In the CB -2 and CB -5 zones, the minimum of eight fe t (8') of unobstructed sidewalk is not required if the existing sidewal is less than eight feet (8') width. If the sidewalk is less than eight feet (8') in width, a side alk cafe may not extend int or encompass in any manner the existing sidewalk and may n impede pedestrian traffic. 4. A sidewalk cafe area m y not be located in street corner 'areas defined by building lines extended to the street and no loser than ten feet (10') from an alley. However, a cafe may be located between two feet (2') nd ten feet (10') from an alley if the fencing located within ten feet (10') is a type that is less th twenty percent (20 %) solid. 5. A sidewalk cafe ma not extend beyond the building line extended, except for those on the street or in a planter. 6. A sidewalk cafe serving alcohol shall be contiguous with a side of the building wherein the establishment is located. For cafes in the street and in planters, the contiguous requirement may be satisfied by an overhead canopy at least five feet (5') wide connecting the building to the cafe. The design of the canopy shall be approved by the City. The area underneath the canopy shall be under the control of the �hment and is subject to the annual fee. 1. Advertising shall of be permitted in the si/ak fe area except ro df for me of the establishment on chairs, bles, umbrellas or othes, as app Y City. 2. No blockage of buil g entrances or exits ted in a sidewalk cafe area . 3. Additional restroom ca acity may be requmply with local building and housing codes. 4. occupancy limits are dete mined as 5. No additional parking is req fired for 6. Sidewalk cafes are subject to at the City's discretion. 7. The sidewalk cafe owner is surrounding five feet (6) in a clean 8. All sidewalk cafes must mebt the Easement Agreement in the City building code. operation of a sidewalk cafe. I inspections and may be inspected at any other time risible for trash removal and shall maintain the area and fitter free manner during all hours of operation. ity standards of City, State, and federal law. 1. The agreement shall a between the 'ty and the cafe owner with the approval of the building owner, if different t an the cafe owne 2. The ag/eight t s II provide that no prop rty right is conferred and that it may be terminated if thet rmines that the right of y is needed. 3. The agn shall include provisions for i surance, indemnification, fencing, maintenance, g vegetation and the subsurfa if applicable, and any other reasonable provision as ded by the City Manager, or desi nee. 4. The agnt shall include a schematic diagra that shows that the cafe and platform, if applicable, cwith this policy and the City Code. xcept for cafes on City Plaza, the design shall in ll existing streetscape amenities and tility features (such as valves and manholes) witht feet (8') of the proposed cafe. 5. Excep fes located on the street, the agreement sh II be issued from February 1 through January 31. The initial agreement may be less than the o year, but shall expire on January 31. 6. The agreement shall be recorded at the cafe owner's expense. Fencinq (For Cafes Not on the Street 1. Except during the term of the initial easement ag February 28 thereafter, and with the exception of the en cafe extends into zone ;2, the area for a sidewalk cafe sl During the initial easement agreement and from Decem delineated by rope or some other suitable method whiS who are visually imlkaired. ement and from December 1 to Inces to the walkway required when a I be delineated by anchored fencing. r 1 to February 28, said area may be shall be detectable by pedestrians 2. Fencing shall a constructed of a durable m erial, such as steel, aluminum, or wrought iron. Wood fencing sh II not be allowed. The City all approve the design. 3. If stored outdoor \and/o s, chairs, and oth �tlthey items shall be secured within the anchored fencing at the end of ea's operation sot are unusable and shall not block or obstruct emergency exinchored io n o is not used, tables, chairs and other items shall be removed at the end ay's operation and the sidewalk cafe area shall be restored to its normal condition as a panway. 4. The cafe owner e esponsi a for any damages to the public right of way caused by the placement of anore fenci 5. Planters with flond /o of er vegetation are allowed as an alternative to temporar y and anchored fencing teate t sidewalk cafe. The design of the planters shall be approved by the City Mr, or d 'gnee, subject to the following limitations: a. The planter s shall, at t e cN option, be either fastened to each other or removed from the sidewa or at the end of the day's operation along with the tables, chairs, and other tems b. The planters shall of be lenty seven inches (27 ") or more than thirty six inches (36 ") in height cludinc. The planters sha be eithhave a metal frame. 6. Anchored fencing 4 a concrete platform kiay remain year round. Public Amernues ang uu MUZ, 1. Except as provi ed herein, a sidewalk cafe all not utilize or encompass any public amenities, including, b t not limited to, benches, sea s, tables, trash receptacles, public art, bike racks, water spigots, iosks, posting pillars, and perg las. The City Manager or designee may approve the utilizatio ,encompassing, or relocation o public amenity on the condition that the cafe owner pay all sociated costs. 2. A sidewalk cafe may encompass trees, tree rings, li poles, water valves, manholes, and stormwater in a" es but shall not interfere with their care, ma nce or operation. Access shall be available to the City for their care and maintenance. 3. Amenities, including trees, tree rings and light poles, shall be considered obstructions for purposes of the requirements of the eight foot (8') unobstructed walkway. 4. The amenities used in the sidewalk cafe area shall be maintained in good condition. 5. Upon payment of the elects ee, the cafe owner may use the City's electrical outlet but only for lights. Planters 1. A sidewalk cafe may encompa or utilize an elev/edlan r f the proposed cafe meets the following criteria, as determi d solely by the a. It does not interfere with edestrian move b. It does not adversely affe drainage. c. It does not adversely affec public or city d. It does not adversely affect ees, shrubs ntings. e. It enhances the appearance f the surro , and if in City Plaza, it enhances the use of City Plaza. f. It does not interfere with the fu ctionality existing sidewalk cafe. g. It is not otherwise contrary to p lic intere 2. If utilizing two planters, the area betwAen l nters shall be included in the sidewalk cafe area but need not be delineated as su ables and chairs are present. 3. The cafe may extend beyond the bui xtended, but the distance between the planter and the build ing line extended shall ter than eight feet (8'). 4. The cafe owner shall pay all costs a wi the cafe including, but not limited to, the cost to move water mains and water ses, to emove and plant vegetation, to move electrical outlets, and to cut and restore the. 5. The City may require t/cated er to add planting within the cafe area at the cafe owner's cost. Platforms For Cafes Not on t 1. Sidewalk cafes may b a platform on top of a p lic sidewalk if the C ity Manager or designee determexcessive slope in the si walk and approves the design and if suitable access or persons with disabilities 2. Sidewalk cafes /eplane be located on a concrete platform in the right of way that is not a public sidewalk if the Cinager or designee approves the concrete design and if suitable access is provided for p ns with disabilities. Fencing shall not be more than three feet (3') in height, measured from on which the chair sits to the top of the railing, excluding finials. 4 Cafes on the Street 1. An establishment cannot operate a cafe in the street if there is sufficient room on the sidewalk for a cafe with an area of at least one - hundred twenty square feet (120 sq. ft.). 2. There shall be a minimum four foot (4') buffer on eith end of the cafe for safety reasons. These buffers shall established and maintained b the City and may be used for moped parking and /or bicycle pa king. The buffer is subject t the annual fee. As used in this policy, the term sidewalk cafe are does not include the 4 -fo buffer. 3. The sidewalk cafe area may irNIL line extended if the cafe owner has obt first -floor tenant, if any. The 4 -foot buff( without consent. If a portion of the parki sidewalk cafe area cannot utilize that . be restriped to align with building lines. the porti/twithin a parking space beyond the building nd the conthe adjacent property owner and may be loeyond the building line extended I space is the building line extended, the in space ith consent. Parking spaces will not 4. Cafes, including the 4 -foot buffer, in percent (30 %) of the total parking spaces in th 5. Cafes cannot be located in loading block face cannot utilize more than thirty k face. 6. Cafes cannot be set up before /hme il 1 and shal be removed no later than the Tuesday following the last University of Iowa football ga e. Cafes may have to be removed temporarily at the cafe owner's sole ese to accomm ate an event on the street permitted by the City (e.g., criterium). 7. The portion of the cafe loca d on the street shall be o a platform. The design features of the platform shall be submitted ith the application. The pla orm shall not impede drainage in the street gutter. 8. The area for a sidewalk afe shall be delineated by anchored encing. Fencing shall be constructed of a durable mated I, such as steel, aluminum, or wrough iron. Wood fencing shall not be allowed. The City shal approve the design. 9. If stored outdoors, to les, chairs, and other items shall be secured ithin the anchored fencing at the end of each d y's operation so that they are unusable. 10. Planters with flower and /or other vegetation are allowed as an alternati to anchored fencing to delineate the si ewalk cafe. The design of the planters shall be approv by the City Manager, or designee, subject to the following limitations: a. The planters shall be either fastened to the platform. 9 b. The planters shall not be less than twenty seven inches (27 ") or more than thirty - six inches (36 ") in height excluding plantings. C. The planters shall be either metal or have a metal frame. 11. The fee shall be a \c footage "right of way" fee f square footage "platform' fee each parking space regardles bollard fee. If any portion of 1 area will be the annual square ►mbination of the following four (4) fees: the portion of the cafe located on the for portion of the cafe located on the sti of the amount of the parking space that A A cafe located on the sidewalk is on a 1 fo tage "platform" fee. / a) he annual square ide alk; b) the annual D e ; c) the daily fee for t e cafe utilizes; and d) atform, the fee for that 12. There is no guarantee that t e City will continue to authorize/afes in the street. The cafe agreement will include a parag ph in substantial compliance ith the following: Cafe owner further acknowled es and agrees that no pr perty right is conferred by this agreement for the use of portion of the public right -of -w that the City is not empowered to grant permanent or perpetual se of its right -of Xnd or private purposes, that the City may order said locations and /or u s within the right- ay to cease and desist if, for any reason, the City determines that sai right -of -way ied for a public use and should be cleared of any and all obstructions, nd that the wner shall not be entitled to any compensation should the City elect to o so. 13. This provision is to address the followi g two c peting concerns: The "30% limitation" limits the number of establishments that will Ilow I: e to operate a cafe in the street and cafes on the street will entail a substantial financial inv stm nt. If a cafe owner enters into an easement agreement with the City, said cafe own r ill have priority over subsequent applicants for a cafe within the same block face for he following two calendar years assuming that the City continues to authorize cafes in the s e (see the immediately preceding paragraph). After three (3) years, there will be lotte for the cafe spaces within the block face. In order to be eligible for the lottery, a ca owne will need to submit a written application by February 1 following the third calendar yea . If no ap lications are received by February 1, the City will consider applications filed after bruary 1 on a first come, first serve basis. The City will provide information on the lottery o its website. City Manage 1. The City Manager is authorized 110 approve any other prov ion or require any other restriction regarding the use of the pu is right of way by a sidewal cafe that is not inconsistent with this policy or the City Code. Fees 1. Annual fee for sidewalk Pafes located directly on the public rig square foot. 2. Annual fee for sidewalk cafes located on a structure /platform (including placed on the public right -of -way: $10.00 per square foot. I. $5.00 per platform) 3. Annual fee for the area of the sidewalk cafe utilizing an elevated planter on the public right -of -way: $10.00 per square foot. The annual fee for the portion of a "planter" sidewalk cafe that is not located on the elevated planter: $5.00 per square foot. 4. Annual fee for a sidewalk cafe located on the street: $5.00 per square foot for the area located on the sidewalk and within the 4 -foot buffer plus $10.00 square foot for the area located on the platform on the s eet plus daily fee for each parking space as set forth in the City Code (presently, $12.00 per day )for every day the platform is on the street plus bollard fee. 5. Deposit for sidewalk cafes which place anchored encing in the public right -of -way: $200.00. This deposit shall bk refunded if the right-of-way/and planter if applicable, is restored to its prior condition by the side alk cafe owner to the sati action of the City. 6. Deposit for sidewalk cafe which place a struct a /platform (including cement platform) on the public right -of -way, regard ss of whether anc ored fencing is used: $500.00. This deposit shall be refunded if the stru ture /platform is re oved, and the right -of way is restored to its prior condition by the sidewalk ca ' owner to the s isfaction of the City. 7. Deposit for sidewalk cafes whi h utilize an elevated planter in the public right -of -way: $1,000.00. This deposit shall be refun ed if the Alatform is removed, and the right -of -way is restored to its prior condition by the side Ik cafe wner to the satisfaction of the City. 8. If the initial easement agreement\ Paragraphs 1 -4 above shall be prorated on a 9. Electricity fee for using electrical o ir less than one season, the fees listed in rterly basis. lights for cafes in planters: $45 per year. 10. Bollard Fee: Actual cost of the bo ards ba d on a five (5) year life cycle plus one (1) hour labor at the MWII pay grade to i tall, main in, and remove the 4 -foot buffer. If the platform is removed temporarily during the year, th labor fee is assessed again when the platform is reinstalled. A minimum two (2) bolla s will be required, and the City shall determine if additional bollards are ne ded. 11. Recording fee for the easement agreement: Actual fel�, charged by County Recorder. Lion 10 -3 -3 of the C A. Sidewalk cafes are permitted in the public right of kay only in the CB -2, CB -5 and CB -10 zones (the dow own and the commercial areas direc north and south of the downtown). B. No person hall operate a sidewalk cafe without a ecuting an easement agreement. C. Each side alk cafe applicant shall file an application for an easement agreement with the Public Works Dep ment, on forms provided by the City. D. The City Manager, or designee, shall either grant or deny the application within thirty (30) days of the application being filed. If the application is granted, the City Manager, or F designee, is authorized to enter into a public right of way easement agreem nt. If the application is denied, the applicant may appeal to the City Council by filing a writte appeal with the City Council, and the appeals process shall be the same as provided for mobile vendors in this chapter. The City retains the right to limit the number of sidewalk cafe . E. After execution of an easement agreement, the City anager, or designee, shall retain the right to terminate the easement agreement but only after ritten notice of violation has been given and the time to cure the violation has expired. G unds for termination of the easement agreement shall include, but not be limited to, repe ed violations of the state and liquor control laws, violations of th easement agreement, an creating a safety hazard, health hazard and /or public nuisance un er state or local law. ditionally, the City Manager, or designee, retains the right to termina a the easement agree ent and direct removal of sidewalk cafe operations if there is a substanti I and reasonable n ed for use of the public right of way for a valid public purpose. The cafe o ner has the righ to appeal a decision to terminate the agreement to the City Council. The ap als process s all be the same as provided for mobile vendors in this chapter. F. The easement agreement at a min' um, shall require the cafe operator to provide a certificate of insurance satisfa tory to a City, and shall agree to hold the City harmless against any and all liability arising rom o relating to the operation of the sidewalk cafe or the location of the cafe on the public ri ht way including, but not limited to, all claims arising from occurrences or accidents withi a sidewalk cafe area. including the walkwav through a cafe. G. Sidewalk cafes shall operate and twelve o'clock (12:00) midnight. H. Food and beverages must during all hours of operation. Sidewalk c closed. between the hours of seven o'clock (7:00) A.M. ilable for service to patrons in a sidewalk cafe OII not operate when the restaurant kitchen is I. A sidewalk cafe serving Icoholic b erages shall have an employee monitoring the area at all times during the hours a ohol is con umed and dispense any alcoholic beverage must do so under state and local law. J. Amplified sound equi ent shall not permitted. K. The operation of an sidewalk cafe shal be in conformity with all applicable federal, state, and local laws and egulations. L. All fees for the Oeration for of a sidewalk�afe shall be set by resolution. M. All fees for the operation of a sidewalk cafe hall be set by resolution. N. The City Mager is authorized to establish administrative rules not inconsistent with any ordinance or polio/ adopted by the City Council. A opy of the policy and rules shall be on file with the City Clerk d available of the City website. !1 August 20, 2012 City Council City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Iowa City Council members, 0.00 IOWA AREA CHAMBER OF COMMERCE /� On behalf of the Iowa City Area Chamber of Commerce, please accept my enthusiastic support for the N ickey's outdoor dining project. Sustaining downtown vibrancy requires creative, entrepreneurial approaches to growth. We believe this project will enhance Dubuque Street and enliven the downtown area. Thank you for your consideration and as always, we appreciate your dedicated service to the community. With warm regards, Nancy Quellhorst President & CEO 325 E. Washington Suite 100 Iowa City, IA 52240 Telephone: (319) 337-9637 Fax: (319) 338-9958 www.iowacityarea.com .v 325 E. Washington Suite 100 Iowa City, IA 52240 Telephone: (319) 337-9637 Fax: (319) 338-9958 www.iowacityarea.com ILI Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 12 -395 CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE DEPARTMENT OF JUSTICE' OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) FOR THE 2012 COPS HIRING GRANT WHEREAS, the Iowa City Police Department has been notified of a grant award to fund 75% of the starting salary and benefits of two new police officer positions for three years from a grant administered by the U.S. Department of Justice, Community Oriented Policing Services (COPS); and WHEREAS, under the grant agreement, funding is limited to a total maximum payment of $125,000 for each of the additional positions over a three -year period; and WHEREAS, the Department is responsible for funding 25% of the starting officers' salary and benefits, any salary increases and any funds in excess of the $125,000 per officer limit; and WHEREAS, the grant agreement requires that the new officers hired under this grant must be military veterans that served at least 180 days of active military service, any part of which occurred on or after September 11, 2001; and WHEREAS, per the terms of the grant agreement, the Department agrees to maintain staffing at its current level of eighty (80) officers plus the two new positions for a total of eighty -two officers, for a period of four (4) years, starting from 06 -01 -2012 until 5 -31 -2016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is hereby authorized to sign and the City Clerk to attest the COPS Hiring Program grant agreement, attached hereto and incorporated by reference herein. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution along with an original grant agreement to the Department of Justice Office of Community Oriented Policing Services. Passed and approved this 21st day of August 2012. Mys's W .I . O. __.� ATTEST: 7e i App oved by:;:F' -� ITY CLERK ttyA!�ey's 0 e . N -12, Resolution No. 12 -395 Page 2 It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton U.S. Department of Justice COPS. Office of Community Oriented Policing Services 145 N Street NE, Washington, D.C. 20530 Grants Administration Division COPS Hiring Program Treasury Account Symbol (117AS)15X0406 ON #: IA05202 Applicant Organization's Legal Name: Iowa City OJP Vendor #: 426004805 DUNS #: 1471588980000 Law Enforcement Executive: Chief of Police Sam E. Hargadine Address: 410 East Washington Street City. State, Zip Code: Iowa City, IA 52240 Telephone: (319) 356 -5275 Fax. (319) 356 -5449 Government Executive: City Manager Tom M. Markus Address: 410 East Washington Street City, SW4 Zip Code: Iowa City, IA 52240 Telephone: (319) 356 -5010 Fax: (319) 356 -5009 Award Start Date: 611 /2012 Full Time Officers Funded: 2 New Hires (Miltary Veterans): 2 Rehires - Previously Laid OfE 0 Rehires - Scheduled for Lay Off 0 Award Amount: $250,000 '/'OL, -*e -4-474v- Bernard K. Melekian Director Award End Date. 5/31/2015 JUL 18 2012 Date By signing this Award Document, the grantee agrees to abide by all 21 Grant Terms and Conditions on the reverse side of this document and the attached pages: Sam E. Hargadine Date Chief of Police Tom M. Markus Date City Manager False statements or claims made in connection with COPS grants may result in fines, imprisonment, debarment from Award ID: participating in federal grants or contracts, and/or any remedy available by law to the Federal Government, 106898 ADVANCING PUBLIC SAFETY `C`ILIROUCM COMMUNITY POLICING U. S. Department of Justice Offl4re of Community Oriented Policing Services 2012 COPS Hiring Program Grant Terms and Conditions By signing the Award Document to accept this COPS Hiring Program (CBP) g=4 the grantee agrees to abide by the following grant terms and conditions: 1. Grant Owner's Manuttl. The grantee agrees to comply with the terms and conditions in the 2012 COPS Hiring Program Grant Owner's Manual; COPS statute (42 U.S.C. §. 3796dd, et sec}), 28 C.F.R. Part 66 or 28 C.F.R. Part 70 as applicable (governing administrative requirements for grants and cooperative agreements); 2 C.F.R. Part 225 (OMB Circular A-87),2 C.F.R. Part 220 (OMB Circular A -211 2 C.F.R. Part 230 (OMB Circular A -122), and 48 C.F.R. Part 31.000 et seq. (FAR 31.2) as applicable (governing cost principles); OMB Circular A -133 (governing audits); representations made in the original grant application and/or the COPS Hiring Program application update; and all other applicable program requirements, laws, orders, regulations, or circulars. 2. The grantee acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its CBP application. 3. Allowable Costs The funding under this project i s for the payment of approved full -time entry-level salaries and fringe benefits over three years (for a lotal of 36 months of fnndingk up to a maximum federal share of 5125,000 per officer position for career law enforcement officer positions hired and/or rehired on or after the official grant award start date. Any salary and fringp benefit costs higher than entry -level that your agency pays a CHP- funded officer must be paid with local funds. Your agency is required to use CHP grant funds for the specific hiring categories awarded. Funding under this program may be used for the following categories a. Hiring new officers, which includes filling existing officer vacancies that are no longer funded in your agency's budget. All officers hired under this category must be military veterans. Under this program, a military veteran is defined as an individual who has served on active duty at any time in the armed forces for aperiod of more than 180 consecutive days, any part of which occurred on or after September 11, 2001, and who has been discharged or released from active duty in the armed fames under ha nomble conditions; b. Rehiring officers laid off by any juri sdiction as a result of state, local, or Bureau of Indian Affairs (BIA) budget cuts; and/or a Rehiring officers who were, at the time of grant application, scheduled to be laid off (by your jurisdiction) on a specific future date as a result of state, local, or BIA budget cuts. If your agency's local fiscal conditions have changed and your agency needs to change one or more of the funded hiring categpries, your agency should request a post-award grant modification and receive prior approval before spending CHP funding under the new category. The Financial Clearance Memorandum (FCM), included in your award package, specifies the amount of COPS Hiring Program funds awarded to your agency for officer salaries and approved fringe benefits. Please note that the salary and fringe benefit costs requested in your original application may have been updated or corrected from the original version submitted to the COPS Office. You should carefitlty review your Final Funding Memorandum (FFM), which is also included in your award package, The FFM contains the final officer salary and fringe benefit categories and amounts for which your agency was approved You will note that some costs may have been adjusted or removed Your agency may only be reimbursed for the approved cost categories that are docuanented within the FFM, up to the amounts specified in the FFM. Your agency may not use CHP funds for any costs that are rat Identified as allowable in the Financial Clearance Memorandum and Final Funding Memorandum. Only actual allowable costs incurred during the grant award period will be eligible for reimbursement and drawdown. If your agency experiences any cost savings over the course of the grant (for examples your grant application overestimated the total entry -level officer salary and fringe benefits package), your agency may net use that excess funding to extend the length of the grant beyond 36 months. Any finds remaining after your agency has drawn down for the costsof approved salaries and fringe benefits incurred for each awarded position during the 36 -month finding period will be deobligated during the closeout process, and should not be spent by your agency. 4. Local Match. Grantees are required to contribute a local match of at least 25 percent towards the total cast of the approved grant project unless waived in writing by the COPS Office. The local match most be a cash match from fronds not previously budgeted for law enforcement purposes and must be paid during the grant award period The local match contribution must be made on an increasing basi s during each year of the three-year grant period, with the federal share decreasing accordingly. 5. Swnkmenliue, Not Supplantins State, local, or BIA funds budgeted to pay for swam officer positions irrespective of the receipt of CHP grant fluids may not be reallocated to other proposes orrefinded as a result of a CHP grant being awarded. Non- fedeal fiords must retain available for and devoted to that purpose with CHP fiords supplementing those non- federal funds. Funding awarded cannot be obligated until after the grant award start date. This meats that CHP finds cannot be applied to any agency cost or obligation incurred prior to the award start date. In addi tion, your agency must take active and timely step s pursuant to its standard procedures to fully fund law enforcement costs already budgeted as well as fill all locally - funded vacancies resulting from attrition during the life of the grant. 6. A&IMAM At the time of grant application, your agency committed to retaining all swam officer positions awarded under the CHP grant with state and/or local funds for a minimum of 12 months following the conclusion of 36 months of federal finding for each position, over and above the number of locally - imded sworn officer positions that would have existed in the absence of the grant. Your agency cannot satisfy the retention requirement byusing CBP- funded positions to fill locally - funded vacancies resulting from attrition. 7. Extensions Your agency may request an extension of the grant award period to reocha additional time to implement your grant program. Such extensions do not provide additional funding. Only those grantees that can provide areasonable justification for delays will be granted no- cost extensions. Reasonable justifications may include difficulties in filling COPS - funded positions, officer turnover, or other circumstances that Page 1 of 5 U. S. Department of Justice Office of Community Oriented Policing Services 2012 COPS Hiring Program Grant Terms and Conditions interrupt the 36 -month grantfimding period An extension allowsyour agency to compensate for such delays by providing additional time to complete the fd 36 months of finding for each position awarded. Extension requests mutt be raeceived prior to the end date of the award. 8. Modifications. During the CHP grant award period, it may become necessary for an agency to modify its CHP grant award due to changes in an agency's fiscal or law enforcement situation. Modification requests should be submitted to the COPS Office when an agency determines that it will wed to shift officer positions awarded in one hiring category into a different hiring category, reduce the total number of positions awarded, shft funds among benefit categories, and/or reduce the entry-level salary and fringe benefit amounts. For example, an agency may have been awarded CHP grant funding for ten new, additional full-cane sworn officer positions, but due to severe fiscal distress/constraints, the agency determines it is unable to sustain all ten positions and must reduce its request to five full -time positions; or an agency may have been awarded CHP grant funding for two new, additional sworn officer positions, but due to fiscal disttrsskwastraints the agency needs to change the hiring category from the new hire category to the rehire category for officers laid off or scheduled for lay off ou a specific future date post applicati on. Grant modifications under CHP are evaluated on a case-by-case basis. The COPS Office will only consider a modification request after an agency makes final, approved buret and/or pommel decisions. An agewy mayimplement the modified grant award following written approval from the COPS Office. Please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds. 9. Evalvadons. The COPS Office may conduct monitoring or sponsor national evaluations of the COPS Hiring Program. The grantee agrees to cooperate with the monitors and evaluators. 10. Reports. To assist the COPS Office in the monitoring of your award, your agency will be responsible for submitting quarterly programmatic progress reports and quarterly financial reports 11. Federal Civil Rights Iasva. Asa condition of receipt of federal financial assistance, you acknowledge and agree that you will not (and will require any subgtantees, contractom s, successors, transferees, and assignees not to), on the ground ofraee, color, religion, national origin (which includes providing limited- English proficientpersons meaningful access to your programsk sex, disability or age, unlawfully exclude any person from participation in, deny the benefits of cc employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal fuels. These civil rights requirements are found in the non- discrimination provisions of Tide VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789d); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794X the Age Discrimination Act of 1975 (42 U.S.C. §6101, et seq.); Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 et seq.); and the corresponding DW regulations implementing those statutes at 28 CYA. Part 42 (subparts C. 11; E, G, and I). You also agree to comply with Executive Order 13279 Equal Treatment for Faith -Based Organizations and its implementing regulations at 28 C.F.R Part 38, which requires equal treatment of religions organizations in the finding process and non - discrimination of beneficiaries by Faith -Based Organizations on the basis of belief or non- belief: 12. Eaumd Emdoyment Onoortuafty Plan (EEOP)r All recipients of funding from the COPS Office must complywith the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan (28 CY R Part 42 subpart E). 13. Crshht Meniitorine Aetivflies. Federal lawrequires that law enforcement agencies receiving federal funding from the COPS Office must be monitored to ensure compliance with their grant conditions and outer applicable statutory regulations. The COPS Office is also interested in tracking the progress of ourprograms and the advancement of commumity policing. Both aspects of grant implementation -- compliance and programmatic benefits —aw part of the monitvringproeess coordinated by the U.S. Depaztraent of Justice. Grant monitoring activities conducted by the COPS Office include site visits, office-based grant reviews, alleged noncompliance reviews, financial andprogrammatic reporting, and audit resolution. As a CHP grantee, you agree to cooperate with and respond to any requests for information pertaining to your grant. 14. Employment FAft2ity. The grantee agrees to complete and keep on file, as appropriate, a Bureau of Citizenship and Immigration Services Employment Eligibility Verification Form (I -9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. I5. Comtahmffv Polieithg. Community policing actvites to be initiated or enhanced by your agency were identified and described in your CHI' grant application. Your agency developed a community policing plan for the CHP grant with specific reference to a crime or disorder problem and the following elements of community policing a) problem solving- -your agency's plan to assess and respond to the problem identified; b) community partnerships and support, including related governmental and community initiatives that complement your agency's proposed use of CHP funding; and c) organizational transformation --how your agency will use the funds to reorient its mission to community policing or enhance its involvement in and commitment to community policing. The COPS Office defines communitypolicing as a philosophy that promotes organizational strategies, which support the systematic use of partnerships and problem - solving techniques, to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crate. CHP grants must be used to initiate or enbaoce communitypdining activities. All newly bh4 additional or rehired officers (or an equal number of medeployadveteran officers) funded under CHP must implement your agency's approved community policing plan, which you described in your grant application. 16. Commnnih* Policing Segr Assessment Tool (CP, -SAID, The COPS Office will require your agency to complete the Community Policing Self Assessment Tool (CP- SAT) twice within the grant period, at the beginning and again towards the end of your grant period Page 2 of 5 U. S. Department of Justice Office of Community Oriented Policing Services 2012 COPS Hiring Program Grant Terms and Conditions 17. erdarhdictioas Grantees that provide law enforcement services to anotherjurisdiction through a contract mast ensure that officers funded under this grant do not service the other jurisdiction, but will only be involved in activities or perform services that exclusively benefit the grantee's own jurisdiction. 18. False Statements False statements or claims made in connection with COPS grants may result in fines, imprisonment, or debarment from participating in federal grants or contracts, and/or any other remedy available by law. 19. an'arements. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the awarding agencydetermines that the recipient is a high -risk grantee (28 C.F.R. Parts 66 and 70). 20. Coal Contractor Registration and Universal Identifier Reauiremmts By the end of July 2012, the Central Contractor Registration (CCR) system, along with the Federal Agency Registration, the Online Represutathms and CeriiReations Application (ORCA), and the Esluded Parties List System (EPLS), will be migrated Into the new System for Award Masagement; or SAM. For additional Information about this transition, please visit https:// www. bpa. gov/ ocr /NewsDetdLaspax?M-2012&type -l. The Office of Management and Budget requires Federal agencies to include the following standard award term iii all grants and cooperative agreements made on or after October 1, 2010: A. Requirement for Central Contractor Registration (CCR) Unless you are excarpted from this requirement under 2 C.F.R. 25.110, you as the recipient must maintain the currency ofyour information is the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term B. Requirement for Data Universal Numbering System (DUNS) Numbers If you are authorized to make subawards under this award, you: 1. Must notify po teritial subre cipients that no entity (see definition in paragraph C of this award term) may re ceive a subaward from you unless the entity has provi*d its DUNS number to you 2. May not make a subaward to an entity unless the entity hasprovided its DUNS number to you. C. Definitions For purposes of this award term: 1. Central Contractor Registration (CCR) means the federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site at httpdAvww.cer.gov. 2. Data Universal Numbering System (DUNS) number means the nme- or thirteen -digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866.705.5711) or tls Internet at http: //fedgov dab.com/webform. 3. Entity, as it is used in this a"Wd term& means all ofthefolowing, as &fined at G.F.R. Part 25, subpart C.• a. A Governmental organization, which is a State; local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign non -profit organization; d. A domestic or foreign for -profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to a non - Federal entity. 4. Subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement ofpropetty and services needed to carry out the project or program (for further explanation, see Sec. IL210 of the attachment to OMB Circular A -133, "Audits of States, Local Governments, and Non -Profit Organizations"). c. A subaward may be provided thmugh any legal agreement including an agreement that you consider a contract. 5. Subreiapieut means an entity that a. Receives a subaward from you under this award, and b. Is accountable to you for the use of the federal funds provided by the subaward. 21. Renordag subaward and Ezecrfive Comceam". The Office of Management and Budget requires Federal agencies to include the following standard award term in all grants and cooperative agreements made on or after October 1, 2010: Page 3 of 5 U. S. Department of Justice Office of Community Oriented Policing Services 2012 COPS Hiring Program Grant Terms and Conditions a. Repord>t offriss4krsa kin ards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal finds that does not include Recovery fiords (as defined in section 1512(ax2) of the American Recovery and Reinvestment Act of 2009, Pub. L 111 -5) for a subaward to an entity (see definitions in paragraph a of this award term). 2. Where and when to report L You must report each obligating action described in paragraph a.l . of this award term to www.fsm.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at www.fsrs.gov specify. b. Reporting Total Compensudon of Reorient ExecadM& 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if- i. the total federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received — (A) 80 pement or more ofyour annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25000000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transpareuy Act, as defined at 2 CFR 170.320 (and subawards); and iii The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securi ties Excharige Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at www .seagov /answersfcxecomp.htm.) 2. Where and when to report You mast report executive total compensation described in paragraph b.l of thi s award term: L As part ofyour registration profile atwww .axgov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Cowrpensafan ofSnbraeipiostEvecativr^c 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-der subrecipient under this award, you shall report the names and total compensation of each of the subrecipienfs five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— L in the subrecipienf s preceding fiscal year, the subrecipient received — (A) 80 percent or more of its annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170320 (and subawards); and (B) $25,00,000 or more in annual gross revenues from federal procurement contracts (and subcontracts), and federal financial assistance subject to the Transpar=7 Act (and subawards); and ii. The public doesnot have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation Slings atwww .seagov /answers(execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.l. of thi s award. term: L Totherecipient. H. By the end of the month following the mouth during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300 000, you are exempt from the requirements to report: i Subaatardr, and B. Tire total c+ompensadon of thefrve most highly compensated erecuttws of anysubrucipient e. Defiwidens. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR Part 25: i. A Governmental organization, which is a state, local government, or Indian tribe; ii. A foreign public entity; Hi A domestic or foreign non -profit organization; iv. A domestic or foreign for -profit organization; v. A Federal agency, but only as a subrecipient under an award or subaward to a non - Federal entity. 2. Executive means qfflcers, managingpartners, or any other employees in management positions. Page 4 of 5 U. S. Department of Justice Office of Community Oriented Policing Services 2012 COPS Hiring Program Grant Terms and Conditions 3. Subaward i This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. il. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Seo.IL210 of the attachment to OMB Circular A -133, "Audits of States, Local Governments, and Non -Profit Organizations "). ui A "award maybe provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. ,Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the federal funds provided by the subaward. S. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipicafs preceding fiscal year and includes the following (for more information see 17 CFR 229.402(cx2)): k Sokay and bonus. ii. Avwrds of stock stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123RI Shared Based Payments. iii Earnings for services under non -equity incentim plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not dscriminate in favor of executives, and are available generally to all salaried employees. M Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above -markd earnings on deferral compensation which is not faz- qualified vi. Other compensation, if the aggregate value of all such other compensation (&& severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. Page 5 of 5 CITY OF IOWA CITY 14 MEMORANDUM Date: August 10, 2012 To: City Manager Tom Markus From: Chief Sam Hargadine � c/ Re: U. S. Department of Justice COPS Grant Notice of Grant Opportunity On June 25 the Iowa City Police Department (ICPD) was notified by Congressman Loebsack's office that the City has received partial funding for two officers through the Department of Justice's Office of Community Oriented Policing Services (COPS). COPS is a highly competitive national grant program designed to advance public safety through community policing by addressing the full -time sworn officer needs of state, local, and tribal law enforcement agencies. This year's grants were awarded to 220 cities and counties and help account for 800 positions nationwide. Only five officers were approved for all of the State of Iowa and ICPD received two of those five grant supported positions. To be eligible to even apply for the grant a department must have either laid off a full time officer or lost a position due to attrition. Because the department moved from 81 full time sworn officers to 80 in FY12 we were eligible to apply for the COPS program. A unique change for the 2012 program requires that all new officers hired under the grant must be military veterans that have served at least 180 days of active military service, any part of which occurred on or after September 11, 2001. The Iowa City Police Department in coordination with Human Resources and the Iowa City Civil Service Commission recently published a new hiring eligibility roster. There are 35 eligible candidates on the list and five of those candidates are military veterans eligible for hire under the awarded grant. Financing If accepted by the City, the COPS grant will pay 75% of the starting officer's salary and benefits for the first three years up to $125,000 per officer. The City would agree to pay 25% of the salary and benefits for the first three years and total salary and benefits for a fourth year. The City must further agree that any openings that occur during the grant period and also the fourth year will not be filled with any positions added under this grant. The City is solely responsible for any wage increases earned during the first three years. *Ancillary costs for the first year include the police academy, uniforms, and equipment. Costs Broken Down for Two Officers Year One Year Two Year Three Total Salary & Benefits x 2 $139,162.00 $159,986.00 $178,864.00 75% Grant Payment $104,371.50 $104,371.50 $41,257.00 $250,000.00 City Portion $34,790.50 $55,614.50 $137,607.00 *Ancillary costs $7,646.00 Total for City $42,436.50 $55,614.50 $137,607.00 $235,658.00 *Ancillary costs for the first year include the police academy, uniforms, and equipment. August 10, 2012 Page 2 The COPS grant allows the City to expand the number of sworn personnel while not bearing the entire cost of new positions until the fourth year. ICPD is recommending that the positions be accepted, but not filled until 2013 so that the impact to the current fiscal year's budget is minimized. Furthermore, the City has secured an intent to partner from the Iowa City Downtown District (ICDD), which will lower the City's financial outlay while meeting a community need. This proposed partnership is detailed below. Use of Additional Officer Positions ICPD is proposing to use the new positions for targeted purposes that directly meet community needs and align with the Council's strategic plan initiatives. These positions will not be used for general patrol purposes, but rather will focus on specific community needs. This approach will not only provide more resources to address the specific purposes, but they will also provide relief to existing resources that will benefit the entire community. One of the positions would be focused solely on downtown Iowa City. The position would initiate a walking beat for the district that would be targeted during daytime and evening hours. This officer would help establish relationships and communication channels with local businesses and would be a positive visible presence throughout downtown and the northside marketplace. The ICDD indicated strong support for this effort as they recognize that a stronger relationship with the ICPD will help improve the business climate and provide for a more enjoyable experience for patrons. The ICDD has pledged $30,000 towards this position over three years, which will reduce the City's financial outlay over the grant period from $235,658 to $205,658. A letter from the ICDD board chair is included with this memo. The 2 "d officer would be utilized as a Neighborhood Response Officer that would be shifted depending on where crime hotspots occur or where significant quality of life issues threaten the tranquility in a specific neighborhood. This officer would work close with Neighborhood Services, Housing & Inspection Services, Landlords, Tenants, and Associations. This position's highest priority would be Neighborhood Stabilization as outlined in the City's Strategic Plan. Issues that affect the health and aesthetic quality of a neighborhood often negatively affect the criminal element and safety of its residents. By coordinating and partnering with stakeholders and utilizing the City resources already mentioned this officer will be tasked with problem solving and identifying solutions which normal beat officers typically do not have the time for. The proposed hours for this officer would be from 6:00 PM to 2:00 AM during the fall when the university students return and neighborhood parties increase. During summer or as needed the hours would be flexed to work from 8:00 AM to 5:00 PM when code enforcement officers also work. This officer would work with the existing Crime Prevention Officer providing more presence at the Pepperwood Substation and provide necessary follow -up on cases going through the City's code compliance process. Recommendation The COPS grant provides a unique opportunity for the department to address specific community goals outlined in the Council's strategic plan. The grant will delay a significant portion of the financial costs associated with the new positions. As the community continues to grow, it is likely that the demand for new sworn officers will grow correspondingly. This grant will accommodate the growth needs for the foreseeable future while lessening the burden financially to the City. As a result, I feel it would be in the City's best interest to capitalize on this opportunity and accept the federal grant. If approved these two new officers would move the authorized sworn force to 82 and we would plan on hiring them in January 2013 prior to an anticipated ILEA basic academy. Marian Karr From: Karen Kubby <kubby @pobox.com> Sent: Thursday, August 09, 2012 9:19 AM To: Council Subject: Community Oriented Police Service grant Attachments: City Council - -ICPD grant 8- 12.pdf City Council, Please accept this attached piece of correspondence from the Iowa City Downtown District Board of Directors (ICDD) regarding the Community Oriented Police Service (COPS) grant. Many thanks. Karen Kubby President, ICDD Board of Directors Beadology Iowa Jewelry, Beads, Instruction 220 E. Washington Street Iowa City, IA 52240 (319) 338 -1566 ph (319) 688 -2847 fax www.beadoloeyiowa.com IOWA CITY ROIIfN M 115TRICT City Council 410 E. Washington St. Iowa City, IA 52240 August 7, 2012 Dear City Council, The Iowa City Downtown District (ICDD) has appreciated the conscious and focused partnering with the City of Iowa City in the past year as we revamp our programs and energy for downtown Iowa City. In our strategic planning process, safety was one of the top priorities for downtown. Although supporting the presence of law enforcement is not the only safety strategy we think should be implemented downtown, it is one piece of a larger picture. Our Board voted unanimously to partner with the City of Iowa City if the council decides to accept the Community Oriented Police Service grant. If the city accepts this grant and hires two new officers, the ICDD hopes that you will create a 40 hour a week foot officer position for downtown during the week. The hours would be such that the focus of this officer is on relationship building, crime prevention, and walking patrol. Our support would come in the form of a $10,000 yearly contribution towards this officer for three years. Since our budgeting process is annual, this contribution would be subject to review by our Board annually. We would like to have a memorandum of understanding that would accompany this contribution that says that if this position is shifted to another geographic area, the Iowa City Downtown District's contribution will come to an end. The ICDD looks forward to partnering with you on increasing safety downtown in a variety of ways, including a new foot patrol officer specifically for the area encompassing the district boundaries. Please get in touch with me if you have questions or would like to discuss this further with myself or other members of our Board. In peace, Karen Kubby President, ICDD Iowa City Downtown District 14 %s S. Clinton St. Iowa City, IA 52240 NOTICE TO BIDDERS FY 2013 ASPHALT RESURFACING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 15th day of August 2012. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 21st day of August 2012, or at special meeting called for that purpose. The Project will involve the following: 1,367 tons of asphalt cement concrete, 8,292 sq. yards of pavement milling, 1,182 feet of pcc curb and gutter replacement, 523 sq. yards of pcc sidewalk and curb ramp pavement removal and replacement, 16,200 GAL. of chip sealing binder, 670 tons of chip seal cover aggregate, traffic control, other related work. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City Engineering Division which have hereto- fore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred SC -1 (,Y- percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Completion Deadline: Early Start Date: August 29, 2012 Working Days: 40 Liquidated Damages: $500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the City Engineer of Iowa City, Iowa, by bona fide bidders. A $50 deposit is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to: "Treasurer of the City of Iowa City, Iowa ". The deposit shall be refunded upon return of the contract documents within fourteen days after award of the project. If the contract documents are not returned within fourteen days after award and in a reusable condition, the deposit shall be forfeited Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder' preference law applies to this Project. SC -2 The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. SC -3 41� 08-21 15 Prepared by: Dave Panos, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5145 RESOLUTION NO. 12 -396 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY2013 ASPHALT RESURFACING PROJECT. WHEREAS, L.L. Pelling Company, Inc. of North Liberty, Iowa has submitted the lowest responsible bid of $ 492,564.83 for construction of the above -named project; and WHEREAS, funds for this project are available in the Pavement Rehabilitation account # 3824. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above -named project is hereby awarded to L.L. Pelling Company, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 21st day of August , 20 12 ATTEST: Az,,,��od CITY CLERK Axao, MAYOR Approved b City Attorney's Office It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton pwenglmasters\awrdcon.doc 8/12 CITY OF IOWA CITY MEMORANDUM Date: August 16, 2012 To: Tom Markus, City Manager From: Simon Andrew, Budget Management Analyst Re: Animal Care & Adoption Center Cost - Sharing Agreements Introduction: L08-21-12 16 The project to replace the flooded Iowa City Animal Care & Adoption Center continues to progress. The resolutions on the August 21 Council agenda approve capital and operating agreements with the City of University Heights and the University of Iowa. University Heights approved the agreements at their August 14 Council meeting; it is expected that the University of Iowa will return signed copies prior to August 21. These agreements follow the terms of the animal service contracts with the City of Coralville, which were approved by Council Resolution 12 -340 on July 10. Background: The agreements provide for proportional cost - sharing amongst jurisdictions based on Center use. Use is defined as the percentage of animals brought to the facility that originate in each jurisdiction. Draft agreements were initially forwarded to the largest users of the facility, Johnson County and Coralville, in April for review and comment. Agreements were presented to all participating agencies for review on July 3, with response requested by August 15. This date was selected based on the meeting schedules of other jurisdictions, in order to provide enough time for review, discussion, and formal action. On August 14, Johnson County staff contacted the City and requested a meeting to discuss the agreements further. This meeting is scheduled to occur on August 20. Discussion: Schematic design is expected to be completed this month. It is imperative that the service area and expected capacity of the facility be defined as soon as possible so as not to delay the project. These agreements mark an important step in this process. Recommendation: Staff recommends approving the capital and operating cost - sharing agreements with the City of University Heights and the University of Iowa. Marian Karr From: Tom Markus Sent: Wednesday, August 15, 2012 8:11 AM To: Marian Karr Subject: FW: University Heights animal care response Attachments: University Heights animal center agreement cover letter.pdf From: Louise From [mailto:louisebob @mchsi.com] Sent: Wednesday, August 15, 2012 6:57 AM To: Simon Andrew Cc: Tom Markus; ballard@lefflaw.com Subject: University Heights animal care response Simon, I am replying to your,request for a response by August 15th about participating with Iowa City animal care services. At our city council meeting last night, the council voted to participate with capital and operational cost - sharing agreement for the Iowa City Animal Care and Adoption Center. The signed paperwork is being sent by our city attorney, Steve Ballard. We look forward to working with Iowa City with this project. Best regards, Louise From University Heights July 3, 2012 Louise From, Mayor City of University Heights 1004 Melrose Avenue University Heights, Iowa 52246 Dear Mayor From, � r CITY OF IOWA CITY 410 fast Washington Street Iowa City. Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX wwwJcgov.org Please find enclosed draft agreements for the provision of animal services. The first agreement defines the process for sharing construction costs for the new. animal center facility. Neighboring jurisdictions' proportional shares are calculated after FEMA reimbursements and Friends of the Animal Center Foundation fundraising efforts are deducted from the total cost of the facility. Proportions are based on animal intake averages over three fiscal years. The second agreement provides for ongoing animal sheltering services. This applies to sheltering services only; the cost of field services is not included in the calculation of each. jurisdiction's proportional costs. As the schematic design process is substantially underway, it is imperative that agreements are formalized as soon as possible. Iowa City requests that formal action is taken by all jurisdictions intending to use the new facility by August 15, 2012. Please contact City staff with any questions. Regards, Simon Andrew Budget Management Analyst City of Iowa City Matt Schultz p�(Or /04 H" Secretary of State °f�s'� 1111' State of Iowa r <e. o� Y z FILED 28E Agreement LL M505480 0 9/17/2012 9:27:27 AM I PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: *Enter "Other' it not in Iowa Item 2. The type of Public Service included in this agreement is: 0 Unknown Service Type (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement between the City of Iowa City and the City of University Heights for the provisions of Animal Care Services (Res #12 -397) Item 4. The duration of this agreement is: (check one) El Agreement Expires [mmlddlyyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) NO ❑ YES Filing # of the agreement: 21Indefinite Duration (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: vnwr sos slate is us /28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LASTName FIRST Name Kellie Title Administrative Assistant Department Administrative Assistant Email kellie- tuttlena Iowa- city.oro Phone 319 - 356 -5043 Full Legal Name Organization Type *County Party 1 City of Iowa City City Johnson Party 2 City of University Heights City Johnson Party 3 Party 4 Party 5 *Enter "Other' it not in Iowa Item 2. The type of Public Service included in this agreement is: 0 Unknown Service Type (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement between the City of Iowa City and the City of University Heights for the provisions of Animal Care Services (Res #12 -397) Item 4. The duration of this agreement is: (check one) El Agreement Expires [mmlddlyyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) NO ❑ YES Filing # of the agreement: 21Indefinite Duration (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: vnwr sos slate is us /28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LASTName FIRST Name Kellie Title Administrative Assistant Department Administrative Assistant Email kellie- tuttlena Iowa- city.oro Phone 319 - 356 -5043 Prepared by: Susan Dulek, Asst. City Ally., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 12 -397 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. WHEREAS, Iowa City provides animal care services and operates a facility for the provision of said services; WHEREAS, Iowa Code Chapter 28E (2011) permits state and local governments to make efficient use of their resources and powers in order to provide joint services; WHEREAS, the City of Iowa City and the City of University Heights have negotiated the terms of a 28E Agreement for the Provision of Animal Care Services, a copy of said Agreement is attached; and WHEREAS, it is in the interest of the City of Iowa City to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest two (2) originals of the Chapter 28E Agreement between the City of Iowa City, Iowa and the City of University Heights, Iowa for the Provision of Animal Care Services, a copy of which is attached. 2. The City Clerk is directed to file said Agreement in the office of the Secretary of Sate as provided in Iowa Code section 28E.8 (2011). Passed and approved this 21st day of August 2012. A'�t MAYOR ATTEST: / u-,,,� A-I _J CITY'CLERK Approved by S-'ts - la City Attorney's Office 14 Resolution No. 12 -397 Page 2 It was moved by Dobvns and seconded by Resolution be adopted, and upon roll call there were: AYES: x x x x _ x x_ —x NAYS: ABSENT: the Champion Dickens Dobyns Hayek Mims Payne Throgmorton 28E AGREEMENT BETWEEN THE CITY OF IOWA CI'T'Y, IOWA AND THE CITY OF UNIVERSITY 14EIGHTS FOR TIIE PROVISION OF ANIMAL CARE SERVICES . This Agreement is entered into between the City of Iowa City, Iowa, a municipal corporation, ( "Iowa City ") and the City of University Heights, a municipal corporation ( "Neighboring Jurisdiction "). WHEREAS, Iowa City provides animal care and sheltering services and operates a facility for the provision of said services ( "animal center "); WHEREAS, Iowa City is willing to provide animal care services to Neighboring Jurisdiction; and WHEREAS, Iowa Code Chapter 2813 (2011) permits local governments to enter into agreements for joint services and facilities. THEREFORE, Iowa City and Neighboring Jurisdiction agree as follows: T. Term /Duration. This Agreement shall be effective July 1, 2013, and upon execution, Iowa City will promptly file it with the Iowa Secretary of State as provided in Section 2813.8 of time Iowa Code (2011). The duration of this Agreement shall be perpetual, unless terminated in the manner provided below. 2. Purpose. The purpose of this agreement is for Iowa City to provide animal care services to Neighboring Jurisdiction pursuant to Chapter 28E of the Iowa Code (2011). 3, Sheltering Service Fee. The "sheltering service fee" is the total operational budget for (lie animal center for the following fiscal year multiplied by the average percentage of Neighboring Jurisdiction animals in the shelter in the previous three (3) completed fiscal years, The formula for determining the shelter service fee and the definitions of the variables are as follows: total operational budget for animal center for following FY multiplied by ave. % of Neighboring Jurisdiction animals in previous 3 completed FYs equals Neighboring Jurisdiction current FY sheltering service fee ave. number Neighboring Jurisdiction animals previous 3 completed FYs divided by average number of acdmals in animal center in previous 3 completed FYs equals ave. % of Neighboring Jurisdiction animals in previous 3 completed FYs total number of animals in animal center in previous 3 completed FYs divided by 3 equals average number of animals in animal center in previous 3 completed FYs total number Neighboring Jurisdiction animals in previous 3 completed FYs divided by 3 equals ave. number Neighboring Jurisdiction animals previous 3 completed FYs "Animal sheltering services" means housing and medical care, as determined by Iowa City, including but not limited to spay, neuter, microchip, adoption, reunification and euthanasia as needed, Iowa City will provide . no field services to Neighboring Jurisdiction, except as provided below in the paragraph entitled "Additional Services." "Neighboring Jurisdiction animal" means any animal that is brought to the animal center from within the jurisdiction of the Neighboring Jurisdiction. "Total number of animals" means all animals brought to the animal center from within a jurisdiction with a Chapter 28E agreement with Iowa City. "Total operational budget" means the total cost of operating the animal center, excluding field services, which can be found in the cost center entitled "Shelter Operations and Administration" under the Division entitled "Animal Care and Adoption" in the Iowa City budget. The amount of the sheltering service fee will change automatically each fiscal year beginning July 1, 2014. Beginning January 1, 2014, and from year -to -year thereafter, Iowa City will provide Neighboring Jurisdiction with the amount of the sheltering service fee that will be effective the following July 1. Iowa City will invoice Neighboring Jurisdiction monthly for the animal sheltering service fee, and Neighboring Jurisdiction will pay the fee within thirty (30) days of receipt of the invoice. There is no limit to or cap on the number of days that an animal will remain in the animal center. Neighboring Jurisdiction may inquire at airy time into the status of any animal, including the basis for the duration of the stay. 4. Acceptance of Animals A. In Gener . Iowa City will accept any animal from Neighboring Jurisdiction, except as noted below. B. Sick(Iniured, Iowa City will not accept a severely sick or injured animal after regular business hours, "Severely sick or injured" means in need of immediate medical attention as determined by Iowa City. A severely sick or injured animal subsequently determined to be stable by a veterinarian will be accepted during regular business bouts. C. Prohibited, lowa City may accept animals that are prohibited by Iowa City Ordinance (e.g., monkeys and alligators) on a ease by case basis depending on species and needs. Neighboring Jurisdiction will be charged a specific fee for each animal accepted. Iowa City shall inform Neighboring Jurisdiction of said fee prior to acceptance, except in emergencies where the safety /welfare of the animal($) or public health and safety is at risk or where expense information is not immediately available, Said animal will not be included in the "total number of Neighboring Jurisdiction animals in animal center" in that fiscal year. Neighboring Jurisdiction will pay said fee within thirty (30) days of receipt of an invoice. For public safety and appropriate confinement, these animals may need to be housed off site at an appropriate facility. D. Housing Mile. If an animal needs to be housed offsite due to, for example, the impoundment of a large nrunber of animals, the type of species, or the specific needs Of the animal, acceptance of that animal will be determined by Iowa City at its sole discretion. If the animal is accepted and housed offsite, Iowa City will promptly notify Neighboring Jurisdiction of the offsite housing, and Neighboring Jurisdiction will pay Iowa City administrative expenses and the actual costs of housing within thirty (30) days of being provided written documentation, including but not limited to the veterinarian bill. Neighboring Jurisdiction shall have the option of providing for the housing of the animal, but as provided below in Paragraph 4E, Neighboring Jurisdiction will claim no ownership interest in said animal. Said animal will not be included in the "total number of Neighboring Jurisdiction animals in animal center" in that fiscal year. E. Ownership. Neighboring Jurisdiction will claim no ownership interest in any animal and will not retrieve or pick -up any animal from the animal center without Iowa City's authorization, 5. Quarantine, A. IGrown Owned, In cases of animal bites, where no current rabies vaccination is on file and quarantine is required by law, the parties agree that it is the owner's, if known, responsibility to quarantine the animal at a certified veterinary clinic and pay all costs incurred. If the owner refuses, Neighboring Jurisdiction may quarantine the animal at the animal center. If Neighboring Jurisdiction chooses to have Iowa City quarantine the animal, Iowa City may do so at the animal center or at a veterinary clinic, and said animal will be not be included in die "total number of Neighboring Jurisdiction animals in animal center" in that fiscal year if quarantined offsite. If the animal is accepted and quarantined offsite, Iowa City will promptly notify Neighboring Jurisdiction of the offsite housing, and Neighboring Jurisdiction will pay Iowa City administrative expenses and the actual costs of housing within thirty (30) days of being provided written documentation, including but not limited to the veterinarian bill. Owned anhnals with current rabies vaccination status that do not pose a threat to the general public should be quarantined at the owner's home for a period of 10 days from the start of quarantine. B. Stray Animals, All stray biting animals with unknown rabies status will be quarantined at the animal center or an offsite facility. All stray animals will be included in the "total number of Neighboring Jurisdiction animals in animal center" in that fiscal year if housed at the animal center. If the animal is accepted and quarantined offsite, Iowa City will promptly notify Neighboring Jurisdiction of the offsite housing, and Neighboring Jurisdiction will pay Iowa City administrative expenses and the actual costs of housing within thirty (30) days of being provided written documentation, including but not limited to the veterinarian bill. Fractious or feral animals with no traceable Identification will be evaluated by Iowa City for adoption, rescue transfer, TNR, or euthanasia as allowed under state and local law. 6. Policies. All animals will be subject to the policies of Iowa City, including but not limited to Quarantine Procedure, holding and Impound Procedure, Adoption Procedure, Foster Procedure, Futhanasia Procedure, and Emergency Medical Procedure, which Neighboring Jurisdiction may request to review annually as provided in Paragraph 9 below. 7. Reclaim, If a Neighboring Jurisdiction animal is reclaimed by the owner, said owner will be required to pay the Iowa City "reclaim fee." All animals reclaimed that do not have microchip identification will be implanted by Iowa City with a microchip, at the cost to the owner prior to being released from the animal center. If an owner cannot afford the cost of reclaim, Neighboring Jurisdiction will be notified by the animal center staff and will have the option to pick up the uncovered cost and bill the owner privately. S. Additional Sex-vices. A. At Neighboring Jurisdiction's option, it may request that Iowa City prepare and transport to Oakdale a dead animal that needs be tested for rabies for a flat fee of $75.00 per animal. B. At Neighboring Jurisdiction's option, it may request that Iowa City provide field services for cases of animal hoarding, eonunercial breeding inspections, animal neglect, animal cruelty, injured, sick, and aggressive or biting animals. C. At Neighboring Jurisdiction's option, Iowa City will assist in investigating cases, including writing reports, interviewing witnesses, collecting evidence, and testifying, D. Iowa City reserves the right to decline to perform said services based on staffing, animal center constraints, or the need to perform services within Iowa City. E. Iowa City will invoice Neighboring Jurisdiction on a monthly basis for said services, and Neighboring Jurisdiction shall pay the amount within thirty (30) days of receipt of tine invoice. With the exception of the flat fee in Paragraph 8A, the amount invoiced will be based on the time spent by staff menuber(s) to respond to the call beginning when the staff member leaves the animal center and ending when the staff member returns to the animal center. Costs will be based on the over -time rate of pay for Iowa City personnel under the ASFME contract agreement and under administrative rates of pay for supervisors. In addition, Iowa City will bill Neighboring Jurisdiction for mileage costs at the standard mileage rate used by the IRS to calculate the deductible costs to operate a vehicle for business purposes, which is $.55 per mile in 2012. Administrative costs associated with the incident, including but not limited to tracking and invoice preparation will also be included in said invoice. F, When afield service request is made by Neighboring Jurisdiction, it will have a representative present on site who has the legal authority to enforce relevant local and state laws. 9. Annual Review, At Neighboring Jurisdiction's request, Iowa City staff will meet amorally with staff from Neighboring Jurisdiction, along with staff from any other jurisdiction that has entered into a 28E agreement for animal care services, to review animal center policies, as described in Paragraph 6, and operations. The parties will engage in a good -faith discussion to reach a consensus on the policies and operations, but Iowa City is under no obligation to amend its policies or operations. Iowa City acknowledges that Neighboring Jurisdiction has an interest in how policies and operations impact the animal center's capacity. 10. License. Iowa City will provide no licensing services to Neighboring Jurisdiction unless requested, If requested, the 28E agreement will be amended. 11. Animal Center. Neighboring Jurisdiction will have no right to use or occupy the animal center, and operation and management of the anitual center is the sole responsibility of Iowa City. Iowa City will provide Neighboring Jurisdiction with access to the animal center after regular business hours to allow Neighboring Jurisdiction personnel to house an animal that is "acceptable" as provided in Paragraph 4 above. Upon partial or complete termination of this agreement, all the property within the animal center remains the property of Iowa City, 12. Termination, Neither party may terminate this Agreement before June 30, 2019, Beginning Rute 30; 2019, either party may terminate this Agreement effective June 30 by providing written notice to the other party by July i of the previous year. 13, Administrator. The Iowa City Police Chief will administer this Agreement and the services provided tinder this Agreement, 14, Notice. Notice by Iowa City to Neighboring Jurisdiction must be in writing and addressed to: City Clerk, City of University Heights, 1004 Melrose Avenue, Iowa City, IA 52246. Notice by Neighboring Jurisdiction to Iowa City must be in writing and addressed to: City Clerk, City of Iowa City, 410 E. Washington St., Iowa City, TA 52240. Notice is sufficient if delivered by ordinary mail. 15. Reports. At Neighboring Jurisdiction's request, Iowa City will provide at no charge a monthly report listing the "Neighboring Jurisdiction animals" that were impounded for that period and their dispositions. At Neighboring Jurisdiction's 'request, Iowa City will provide an annual report of the animal center operations thirty (30) days prior to the annual review described in Paragraph 9 above. If Neighboring Jurisdiction requests additional reports, Iowa City will provide them at its cost to prepare them. 16. Inden nification/Hold Harmless. &zch party agrees to release, indemnify and hold the other party, its officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, Iosses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the party by reason of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non-performance by the other party or its servants, employees or agents of any covenant or condition of this Agreement or by any act or failure to act of those persons. Iowa City shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Iowa City's control. 17. Waiver, The waiver by either party of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms of this Agreement. 18. Severabililw, If a provision shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Agreement, the entire Agreement shall not be void, but die remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 19. Intentionally Left Blauk: 20. tutire Agreement, This Agreement sets forth all of the covenants, promises, agreements, and conditions between Iowa City and Neighboring Jurisdiction concerning animal care services, and there are no other covenants, promises, agreements or conditions, either oral or written, between them, This Agreement may not be modified or amended in any manner except by an instrument in writing executed by the parties. CITY OF IOWA CI'T'Y Dated this /eq4 -/t dayof 6epAeMher 2012,. 'By: /A A- Xk A Mayor X/ // Attest: /� (zu� t% ° City Clerk -- CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA } ) ss: JOHNSON COUN'T'Y ) On this 17 day of - erK Ile / 2012, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed, A!T 13Y Notary Public in and for the State of Iowa oa° �, KELLIEK.TUTTLE City Morney'a Office My Cotmnission Expires: d eommisslon 9umner22118g18 ww NEIGHBORING JURISDICTION-CITY OF UNIVERSITY REIGI -ITS k� Dated this 1 �"l day of _, 2012. Mayor Attest; City Clerk CITY OF UNIVERSITY HEIGHTS ACKNOWLEDGMENT STATE OF IO \VA ) ) ss: JOHNSON COUNTY ) On this clay of,tn 2012, before me, the undersigned, a notary pit lic in and for the State of Io , personally appeared Louise From and Chris Anderson, to me personally luiown, who being by me. duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the withhi and foregoing histruinent; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. STEVEN E. BALLARD Notary Public in and for the State of Iowa COMMISSION NO. 161385 IOWA My COMMISSION EXPIRES My Commission expires: 28E AGREEMENT THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY GHTS FOR THE PROVISION OF ANIMAL CARE SERVICES This Agreement is ent •ed into between the City of Iowa City, Iowa, a munici at corporation, ( "Iowa City ") and the City of University Heights ( "Neighboring Jcuisdictio ). WHEREAS, Iowa City provi s animal care and sheltering services d operates a facility for the provision of said services (" \torovi'de ceter "); WHEREAS, Iowa City is willin animal care serv' es to Neighboring Jurisdiction; and WHEREAS, Iowa Code Chapter 28E (20y I) permits 1 at governments to enter into agreements fin-joint services and facilities. THEREFORE, Iowa City and Neighboring Jurisdiction agree as follows: 1. Term /Duration. This Agreement sl 411 13X effective July 1, 2013, and upon execution, Iowa City will promptly file it with the 7is a Secr ary of State as provided in Section 2813.8 of the Iowa Code (2011). The duration of Agreen nt shall be perpetual, unless terminated in the manner provided below. 2. Purpose. The purpose of t is agreement is for I wa City to provide animal care services to Neighboring Jurisdiction purse nt to Chapter 28E of tl Iowa Code (2011). 3. Sheltering Service F . The "sheltering service fe " is the total operational budget for the animal center for the follo ing fiscal year multiplied by tIN average percentage of Neighboring Jurisdiction animals in the helter in the previous three (3) com leted fiscal years. The formula for determining the shelter service fee and th efinitions of the variables are as follows: total operational budget for animal center for to lowing FY multiplied y ave. % of Neighboring Jurisdiction animals in p1 vious 3 completed FYs equX�edby Neighboring Jurisdiction current FY sheltering service fee ave. number Neighboring Jurisdiction animals previot 3 completed FYs divi average number of animals in animal center in previous completed FYs equals ave. % of Neighboring Jurisdiction animals in previous 3 completed FYs total number of animals in animal center in previous 3 completed FYs by 3 average number of animals in animal center in previous 3 completed FYs total number Neighboring Jurisdiction animals in divided 3 equals ave. number Neighboring Jurisdiction anneals pr 3 completed FYs 3 completed FYs "Animal sheltering serve es" means housing and medical c (, as determined by Iowa City, including but not limited N spay, neuter, microchip, adopt' n, reunification and euthanasia as needed. Iowa City will prov e no field services to Neigh oring Jurisdiction, except as provided below in the paragraph entitle "Additional Services." "Neighboring Jurisdiction animal\means any within the jurisdiction of the Neigh ring Juri: "Total number of animals" means jurisdiction with a Chapter 28E agre that is brought to the animal center from Ys brought to the animal center from within a Iowa City. "Total operational budget" means the tot st of operating the animal center, excluding field services, which can be found in the cos center entitled "Shelter Operations and Administration" under the Division entitled "Animal C •e and Ac ption" in the Iowa City budget. The amount of the sheltering serv' e fee will than automatically each fiscal year beginning July 1, 2014. Beginning Januar y 1, 2014, and fro n year -to -year thereafter, Iowa City will provide Neighboring Jurisdicti9di with the amount o th e sheltering service fee that will be effective the following July 1. Iowa City will invoice Nei nboring Jurisdiction monthly f r the animal sheltering service fee, and Neighboring Jurisdict' n will pay the fee within thirty 0) days of receipt of the invoice. There is no limit to o• ca on the number of days that an anima will remain in the animal center. Neighboring Jurisdictio may inquire at any time into the stab of any animal, including the basis for the duration o the stay. H A. In Gen ral. Iowa City will accept any animal from Neighboring Jurisdiction, except as no led below. B. Sic In used. Iowa City will not accept a severely sick or i ured animal after re ular business hours. "Severely sick or injured" means in n ed of immediate i edical attention as determined by Iowa City. A severely sick • injured animal 2 subsequently determined to be stable by a veterinarian will be accepted during regular business hours. C. rohibited. Iowa City may accept animals that are prohibit d by Iowa City dinance (e.g., monkeys and alligators) on a case by case asis depending on spe 'es and needs. Neighboring Jurisdiction will be charge a specific fee for each anima ccepted. Iowa City shall inform Neighboring Juris fiction of said fee prior to acceptan e, except in emergencies where the safety/ elfare of the auimal(s) or public hea and safety is at risk or where expense ' formation is not immediately available. S 'd animal will not be included in t} "total number of Neighboring Jurisdiction am rals in animal center" in that fi al year. Neighboring Jurisdiction will pay said fee vithin thirty (30) days of re ipt of an invoice. For public safety and appropriate cos mement, these animals may need to be housed off site at an appropriate facility. D. Housing Offsite. If an ai 'mal needs impoundment of a large nun ber of a of the animal, acceptance of rat it discretion. If the animal is ac ted notify Neighboring Jurisdictioi o the will pay Iowa City administ - tive x thirty (30) days of being pr vided wi to the veterinarian bill. T ighboring for the housing of the a anal, but as Jurisdiction will claim ro ownership i included in the "tota number of Neig in that fiscal year. E. Ownership. and will not City's author 5. Quarantine. 6 be housed offsite due to, for example, the pals, the type of species, or the specific needs A will be determined by Iowa City at its sole and housed offsite, Iowa City will promptly offsite housing, and Neighboring Jurisdiction senses and the actual costs of housing within tten documentation, including but not limited u •isdiction shall have the option of providing ro 'ded below in Paragraph 4E, Neighboring utere in said animal. Said animal will not be iborin N Jurisdiction animals in animal center" ing Jurisdiction will claim nNownership interest in any animal or pick -up any animal from Ne animal center without Iowa A. Knows Owner. In cases of animal bites, where no current \ abies vaccination is on file and arantine is required by law, the parties agree that it is re owner's, if known, /anital i ility to quarantine the animal at a certified veterinary cl sic and pay all costs If the owner refuses, Neighboring Jurisdiction may quay rtine the animal at mal center. If Neighboring Jurisdiction chooses to have Ion City quarantine al, Iowa City may do so at the anhnal center or at a veterinar clinic, and said will be not be included in the "total number of Neighbor ii Jurisdiction in animal center" in that fiscal year if quarantined offsite. If re animal is d and quarantined offsite, Iowa City will promptly notify eighboring ,tion of the offsite housing, and Neighboring Jurisdiction will pay owa City strative expenses and the actual costs of housing within thirty (30) days of being provided written documentation, including but not limited to the vetei' arias 7 bill. Owned animals with current rabies vaccination status that do not pose a threat to the general public should be quarantined at the owner's home for a period of 10 days from the start of quarantine. I B. •a Animals. All stray biting animals with unknown rabies status ill be quarantined at th all center or an offsite facility. All stray animals xv be included in the "total n tuber of Neighboring Jurisdiction animals in animal c iter" in that fiscal year if housed t the auimal center. If the animal is accepted an quarantined offsite, Iowa City will p raptly notify Neighboring Jurisdiction the offsite housing, and Neighboring Jr isdiction will pay Iowa City admini ative expenses and the actual costs of housing within thirty (30) days of being rovided written documentation, including but not h sited to the veterinarian bill/Fractious or feral animals with no traceable identificatio will be evaluated by I a City for adoption, rescue transfer, TNR, or euthanasia as a wed under state an ocal law. 6. Policies. All animals will be object tote policies of Iowa City, including but not limited to Quarantine Procedure, Holdin and In ound Procedure, Adoption Procedure, Foster Procedure, Euthanasia Procedure, and Nerxency Medical Procedure, which Neighboring Jurisdiction may request to review annually a rovided in Paragraph 9 below. 7. Reclaim. If a Neighboring Juris ction uimal is reclaimed by the owner, said owner will be required to pay the Iowa City 'reclaim e." All animals reclaimed that do not have microchip identification will be impl ted by Iowa City with a microchip, at the cost to the owner prior to being released from ie animal center. If an owner cannot afford the cost of reclaim, Neighboring Jurisdiction ill be notified by th animal center staff and will have the option to pick up the uncovered c t and bill the owner pri tely. 8. Additional Services. A. At Neighboring J risdiction's option, it may request iat Iowa City prepare and transport to Oak ale a dead animal that needs be tested or rabies for a flat fee of $75.00 per anit al. B. At Neighboring Jurisdiction's option, it may request that log a City provide field services to cases of animal hoarding, commercial breeding it pections, animal neglect, a imal cruelty, injured, sick, and aggressive or biting a imals. C. At Neighboring Jurisdiction's option, Iowa City will assist in inve tigating cases, includ /ng writing reports, interviewing witnesses, collecting eviden e, and testifying. D. lox V/ City reserves the right to decline to perform said services based obi staffing, an Vual center constraints, or the need to perform services within Iowa ty. E. I wa City will invoice Neighboring Jurisdiction on a monthly basis for sai servic and Neighboring Jurisdiction shall pay the amount within thirty (30) days oecei of the invoice. With the exception of the flat fee in Paragraph 8A, the amount invoiced will be based on the time spent by staff member(s) to respond to the C\11 beginning when the staff member leaves the animal center and ending when the staff member returns to the animal center. Costs will be based on the over -time rate of pay for Iowa City personnel under the ASFME contract agreement and under ad rinistrative rates of pay for supervisors. In addition, Iowa City will bill Neig boring Jurisdiction for mileage costs at the standard mileage rate a 2d by the IRS to lculate the deductible costs to operate a vehicle for business rposes, which is $.55 pe - mile in 2012. Administrative costs associated with the it) rdeut, including but not limi d to tracking and invoice preparation will also be ig6luded in said invoice. F. When a field servi request is made by Neighboring Ju diction, it will have a representative preser on site who has the legal ant ho y to enforce relevant local and state laws. 9. Annual Review. At Neighb •ing Juri annually with staff from Neighboring Jr isdictie that has entered into a 28E agreement for imal as described in Paragraph 6, and operations. TI to reach a consensus on the policies and op ai amend its policies or operations. Iowa City ck interest in how policies and operations imp ct the licti 's request, Iowa City staff will meet ong with staff from any other jurisdiction re services, to review animal center policies, parties will engage in a good -faith discussion )us, but Iowa City is under no obligation to Wedges that Neighboring Jurisdiction has an yiimal center's capacity. 10. License. Iowa City will provid no licensing ervices to Neighboring Jurisdiction unless requested. If requested, the 28E agre tent will be a ie ded. 11. Animal Center. Neighbo mg Jurisdiction will ha no right to use or occupy the animal center, and operation and man ement of the animal cent is the sole responsibility of Iowa City. Iowa City will provide eig(rboring Jurisdiction with access to the animal center after regular business howl to all w Neighboring Jurisdiction pens mel to house an animal that is "acceptable" as provided i Paragraph 4 above. Upon partial • complete termination of this agreement, all the propert within the animal center remains the pro erty. of Iowa City. 12. Termination. Neither party may terminate this Agreeme before June 30, 2019. Beginning June 30, 019, either party may terminate this Agreemer t effective June 30 by providing written n ice to the other party by July I of the previous year. 13. Adminis •ator. The Iowa City Police Chief will administer this greement and the services provid d under this Agreement. 14. Nr addressed 52246. Notice Notice by Iowa City to Neighboring Jurisdiction must be r writing and City Clerk, City of University Heights, 1004 Melrose Avenue, I wa City, IA Neighboring Jurisdiction to Iowa City must be in writing and Iowa City, IA to: 5 Notice is sufficient if delivered by ordinary mail. 15. Re orts. At Neighboring Jurisdiction's request, Iowa City will provide at no charge a monthly re rt listing the "Neighboring Jurisdiction animals" that were impounded for that period and th 'r dispositions. At Neighboring Jurisdiction's request, Iowa ity will provide an annual report the animal center operations thirty (30) days prix • to the annual review described in Para aph 9 above. If Neighboring Jurisdiction reque additional reports, Iowa City will provide th 1 at its cost to prepare them. 16. Indemnification) old Harmless. Each party agree o release, indemnify and hold the other party, its officers an employees harmless from and ainst any and all liabilities, damages, business interruptions, delay , losses, claims, judgmen , of any kind whatsoever, including all costs, attorneys' fees, and exp uses incidental thereto which may be suffered by, or charged to, the party by reason of any loss r damage to any p p , ty or injury to or death of any the person arising out of or by reason of an bn servants, employees or agents of a failure to act of those persons. 10 Agreement or for any loss, injury, da caused by any act of God, fire, flood, other cause beyond Iowa City's contrc h, violati n or non - performance by the other party or its avenan or condition of this Agreement or by any act or City call not be liable for its failure to perform this ge r delay of any nature whatsoever resulting therefrom ' ent, strike, labor dispute, riot, insurrection, war or any 17. Waiver. The waiver by eith r party o any covenant or condition of this Agreement shall not thereafter preclude such party rom den in performance in accordance with the terms of this Agreement. 18. Severability. If a p • vision shall be final declared void or illegal by any court or administrative agency hav' rg jurisdiction over th parties to this Agreement, the entire Agreement shall not be v d, but the remaining provisr ns shall continue in effect as nearly as possible in accordance w' h the original intent of the parti 19. 20. Entire A Bement. This Agreement sets forth al of the covenants, promises, agreements, and editions between Iowa City and Neighboring u - isdiction concerning animal care services, a there are no other covenants, promises, agreem its or conditions, either oral or written, bet een them. This Agreement may not be modified r amended in any manner except by an ' rstrument in writing executed by the parties. CITY OF/IOWA CITY Dated tlfis 21st By: Ak Mayor day of P ro Attest - tty C er i CITY OF IOWA CITY ACKNOWLEDGMENT/� STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this d I �' day notary public in and for t Karr, to me personally know w] City Clerk, respectively, of Ni, instrument; that the seal affixe instrument was signed and sealed Council; and that the said Mayor of said instrument to be the vo voluntarily executed. "roved By Lwl City Attorney's ufnco NEIGHBORING Dated this By: Mayor Attest: Cit,/Clerk (u6u--�J- , 2012, before me, the undersigned, a of Iowa, personally appeared Matthew J. Hayek and Marian K. io being by me duly sworn, did say that they are the Mayor and I municipal corporation executing the within and foregoing thereto is the seal of said municipal corporation; that said behalf of laid municipal corporation by authority of its City an City C� %k as such officers acknowledged that the execution Irma ac/t and deed of said corporation, by it and by them day of Notary Public in and for the State of Iowa My Commission Expires: 3/7/.21)/S OF UNIVIRRSITY HEIGHTS 2012. LE-OR Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 19_9gq RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ANIMAL SHELTER FACILITY CAPITAL CONTRIBUTION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA. WHEREAS, as set forth in Resolution No. 12 -155, the City has agreed to build a new animal shelter facility that exceeds the needs of its citizens and addresses the needs of a neighboring jurisdiction on the condition that the jurisdiction contribute its proportional share of the construction costs; WHEREAS, the City of University Heights has agreed to pay its proportional share of the construction costs of the new shelter and has signed the attached shelter facility capital contribution agreement; and WHEREAS, it is in the interest of the City of Iowa City to enter into said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest to two (2) originals of the attached shelter facility capital contribution agreement with the City of University Heights. Passed and approved this 21st day of August , 2012. ATTEST: lilC!!?x >1/tJ CIT LERK Approved by _ S� S-- - I�- Id, City Attorney's Office Resolution No. Page 2 12 -398 It was moved by Dobyns and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: x x x —x — x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton ANIMAI, SHELTER FACILITY CAPI'T'AL CONTRIBUTION AGREEM);NT This Agreement is entered into between the City of Iowa City, Iowa, a municipal corporation, ( "Iowa City ") and the City of University Heights, Iowa, a municipal corporation, ( "Neighboring Jurisdiction "), WHEREAS, Iowa City is planting to construct a new facility for the provision of animal care and sheltering services; WHERAS, because the previous facility was destroyed in the June 2008 flood, FEMA and the State of Iowa have approved funding for the replacement of the flooded facility; WHEREAS, the Friends of the Animal Center Foundation is undertaking a campaign to raise finds for construction of the facility; WHEREAS, Iowa City is willing to construct a facility that exceeds the needs of its citizens if Neighboring Jurisdiction is willing to contribute to the costs of the facility; and WHEREAS, Neighboring Jurisdiction is willing to contribute to the costs of the facility. T14FREFORE, Iowa City and Neighboring Jurisdiction agree as follows: 1. Neighboring Jurisdiction agrees to pay Iowa City a Capital Contribution. 2. Capital Contribution is defined as "Net Project Cost" multiplied by "Neighboring Jurisdiction Animals Percentage." a. Net Project Cost., When determining Capital Contribution, Net Project Cost is defined as "Total Project Cost" Iess "FEMA Funds" less "State Funds" less "Foundation Funds" b. Nei hg borin Jurisdiction Animals Percentage. When determining Capital Contribution, Neighboring Jurisdiction Animals Percentage is defined as "Neighboring Jurisdiction Animals in FY09 -FYI 1" divided by "Total Number of Animals in Shelter from Contributing Jurisdictions FY09 -FYI I" and rounded to two (2) decimal points. c. Total Project Cost. When determining Capital Contribution, Total Project Cost is defined as all construction costs of the facility incurred by Iowa City after January 25, 2012 including, but not limited to, parking, lighting, change orders, architectural design services, soft costs, furniture, fixtures, and equipment. Iowa City estimates tine Total Project Cost at $3 million. The parties acknowledge that said figure is a good - faith, non- binding estimate based on estimates provided by Jackson & Ryan Arelutects and that the Total Project Cost will not be determined until on or about July 2015 (see Paragraph 3 below). Supporting documentation for said costs is available on request d, FEMA Funds. The parties acknowledge that FEMA has `obligated" $1,416,152.64 for the replacement of the flooded facility, of which the federal share is ninety percent (90 %) or $1,274,537.38. The parties further acknowledge that said amount is based on an application submitted to FEMA and that the actual FEMA assistance provided may be greater or less than this amount. The parties further acknowledge that the FEMA assistance is provided to Iowa City after an expense is incurred and a claim submitted for reimbursement, The parties further acknowledge that Iowa City has requested reimbursement of expenses incurred prior to January 25, 2012 for architectural fees and demolition of the flooded facility, FEMA Funds is defined as the FEMA assistance provided to Iowa City for reimbursable expenses incurred after January 25, 2012, e. State Funds. The parties acknowledge that (lie State of Iowa has agreed to provide the ten percent (10 %) local share of the FEMA obligated amount, which is $141,615,26. The parties further acknowledge that the State of Iowa assistance is provided to Iowa City after an expense is incurred and a claim submitted for reimbursement. The parties further acknowledge that Iowa City has requested reimbursement of expenses incurred prior to January 25, 2012 for architectural fees and demolition of the flooded facility. State Funds is defined as the State of Iowa assistance provided to Iowa City for reimbursable expenses incurred after January 25, 2012. f. Foundation Funds_ Foundation Funds is defined as the amount of capital Ruids raised by the Friends of the Animal Center Foundation and provided to Iowa City, Iowa City estimates the Foundation Funds to be $1 million. Iowa City reserves the right to decrease the size of the facility and /or eliminate components of the facility if $1 million is not raised, The parties acknowledge that the Friends of the Animal Center Foundation intend to provide the Foundation Funds to Iowa City in annual payments over a five (5) year period with the first payment being made on or about June 1, 2013. g, Formula. The formula for determining the Capital Contribution is as follows; Net Project Cost Multiplied by Neighboring Jurisdiction Animals Percents e Capital Contribution Total Project Cost Less FEMA Funds Less State Funds Less Foundation Funds Net Project Cost Neighboring Jurisdiction Animals in FY09 -FYI 1 (30) Divided by Total No. Animals in Shelter fiom Contributing Jurisdictions FY09 -FYI I Neighboring Jurisdiction Animals Percentage (rounded to 2 decimal pts.) 3. A preliminary Capital Contribution is due and payable within thirty (30) days of receipt of an invoice. Iowa City shall determine the Neighboring Jurisdiction's preliminary Capital Contribution and will invoice the Neighboring Jurisdiction after the Iowa City City Council accepts the project, which Iowa City anticipates to be July 2015, Because the Friends of the Animal Center Foundation intend to provide the Foundation Funds to Iowa City in amoral payments over a five (5) year period, the parties acknowledge that Iowa City will not have received all the Foundation Funds by the time the Iowa City City Council accepts the project and therefore cannot determine the final Capital Contribution at such time. In calculating the amount of the preliminary Capital Contribution, the amount of Foundation Funds available to Iowa City when Iowa City City Council accepts the project shall be the number used in said calculation. Iowa City shall make a reconciliation between the Capital Contribution and the preliminary Capital Contribution annually based upon the amount of Foundation Funds available to the City, with the final reconciliation to be made upon receipt of the last payment from the Friends of the Animal Center Foundation's fundraising efforts in 2017, Iowa City shall determine the Capital Contribution, and if any amount of the preliminary Capital Contribution is due back to Neighboring Jurisdiction, Iowa City shall provide such refund in a timely manner after receipt of additional Foundation Funds. .4. Neighboring Jurisdiction will execute a separate 28B Agreement with Iowa City in which it will share proportionally with all contributing jurisdictions in the operating expenses of the facility, Except as provided in the separate 28E Agreement, Neighboring Jurisdiction will have no right to use or occupy tire facility, and operation and management of the facility will be the sole responsibility of Iowa City. 5. The panties acknowledge that Iowa City, although not required by either FEMA or the State of Iowa, is applying the FEMA Funds and State Funds toward the Total Project Cost, rather than its proportional contribution, resulting in a lower Capital Contribution for Neighboring Jurisdiction. The parties further acknowledge that the Total Project Cost does not include the value of the land because Iowa City is providing the land for the facility at no cost to Neighboring Jurisdiction, 6. The Capital Contribution is non - refundable, CITY OF IOWA CITY Dated this %+H day of 6 zLjit [ r ; 2012, By: Mayor Attest: 24�� City Lterk CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA JOIINSON COUNTY On this / -�7 clay of 11JgC 1— 2012, before me, the undersigned, a notary public in and for the State f owa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing fire within and foregoing instrument, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed, Notary Publio in and for the State of Iowa proved BY —� My Commission expires: u LIEK. -Ft FEE 6 Commission NUmbef 221819 { My Co miss n E spires City Attorr L!R1 NrIGIIIIORING JURISDICTXON -CITY OR UNIVERSITY HEIGIITS Dated this �1-� N day of 5 l 2012, Mayor Attest: 0 City Clerk . CITY OF UNIVERSITY HEIGHTS ACKNOWLEDGMENT STATE OF IOWA JOHNSON COUNTY ) On this I_�__ day of 5-� , 2012, before me, the undersigned, a notary public in and for the State of Wva, personally appeared Louise From and Chris Anderson, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrwnent; that the seat affixed thereto Is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporatio , by it and by them voluntarily executed. t�_ Notary Public in and for (lie State of Iowa STEVEN E. BALLARD My Commission expires: 17 - I L - 16 C ' „ COMMISSION NO. 161385 p MY COMMISSION EXPIRES ANIMAL SHELTER FACILITY CAPITAL CONTRIBUTION AGREEMENT This Agreement is entered into between the City of Iowa City, Iowa, a nrw i2ipal corporation, ( "Iowa Ci _ ") and the City of University Heights, Iowa, a municipal coy oration, ( "Neighboring Jurisdiction ! WHEREAS, Ion a City is planning to construct a neZithe the provision of animal care and sheltering ser \appr WHERAS, becau revious facility was destroyne 2008 flood, FEMA and the State of Iowa haved funding for the replacer flooded facility; WHEREAS, the Friends o ie Animal CenZta r5ndation is undertaking a campaign to raise funds for construction of the cility; WHEREAS, Iowa City is willin o constcility that exceeds the needs of its citizens if Neighboring Jurisdiction is willing o col) ;ibute to the costs of the facility; and WHEREAS, Neighboring willing to contribute to the costs of the facility. THEREFORE, Iowa City an/age." born \"Nett tion agree as follows: 1. Neighboring Jurisdices t City a Capital Contribution. 2, Capital Contribution d as ect Cost" multiplied by "Neighboring Jurisdiction Animals Percerl a. Net Project Cost. When determining Capital "Total Project Cost' less "FEMA Funds" less "S It. Nei hborin urisdiction Animals Percentage. WhenVdi Neighboring Ju isdiction Animals Percentage is defined a� Animals in FY09 -FYI 1" divided by "Total Number of An' Jurisdictions Y09 -FYI 1" and rounded to two (2) decimal n, Net Project Cost is defined as less "Foundation Funds." ;termining Capital Contribution, "Neighboring Jurisdiction 0s in Shelter from Contributing c. Total Ifroject Cost. When determining Capital Contribution,' tal Project Cost is defined as all c rstrucfon costs of the facility incurred by Iowa City after January 25, 2012 includin , but not limited to, parking, lighting, change orders, archit ctural design services, soft co ts, inniture, fixtures, and equipment. Iowa City estimates the otal Project Cost at $3 million. The parties acknowledge that said figure is a good - faith, non bQuding estimate based on estimates provided by Jackson & Ryan Architects and that the Total Project Cost will not be determined until on or about July 2015 (see Paragraph 3 below). Supporting documentgtion for said costs is available on request. d. FEMA Fur s. The parties acknowledge that FEMA has "obligated" 1,416,152.64 for the replacement f the flooded facility, of which the federal share Yninety percent (90 %) or $1,274,537.38. TI parties further acknowledge that said anro t is based on an application submitted to FEMA , id that the actual FEMA assistance pr ided may be greater or less than this amount. The I rties further acknowledge that t FEMA assistance is provided to Iowa City after an expens is incurred and a claim sab itted for reimbursement. The parties further acknowledge rat Iowa City has regr sted reimbursement of expenses incurred prior to January 25, 2 12 for architectur fees and demolition of the flooded facility. FEMA Funds is define as the FEM ssista Ice provided to Iowa City for reimbursable expenses incurred aft Jaun, 25, 2012. e. State Funds. The parties acknowledV that the State of Iowa has agreed to provide the ten percent (10 %) local share of the 4.1t. obligated amount, which is $141,615.26. The parties further acknowledge that the o owa assistance is provided to Iowa City after an expense is incurred and a claim ubmitted r reimbursement. The parties further acknowledge that Iowa City has quested rein vsement of expenses incurred prior to January 25, 2012 for architectu al fees and demob 'on of the flooded facility. State Funds is defined as the State of Iowa a sistauce provided to I wa City for reimbursable expenses incurred after January 25, 2 12. f. Foundation Funds. Fo ndation Funds is defined as the nount of capital funds raised by the Friends of the Anin 1 Center Foundation and provided t Iowa City. Iowa City estimates the Foundat' n Funds to be $I million. Iowa City r ewes the right to decrease the size of the facilit and /or eliminate components of the facili if $1 million is not raised. The parties aeknow edge that the Friends of the Animal Center F ndation intend to provide the Foundation Fr ids to Iowa City in annual payments over a five ) year period with the first payment be' ig made on or about June 1, 2013. g. Formula. -Vhe formula for determining the Capital Contribution is as Net Project Cost by Neighboring Jurisdiction Animals Percentage Capital Contribution Total Project Cost Less FEMA Funds Less State Funds Less Foundation Funds Net Project Cost Divided by Jurisdiction Animals in FY09 -FY I 1 Jurisdiction Animals Percentage /rounded to 2 decimal pts.) 3. A preliminary Capital Conti' ution is due and payo le within thirty (30) days of receipt of an invoice. Iowa City shall deternu e the Neighborir Jurisdiction's preliminary Capital Contribution and will invoice the Neigh ring Jurisdi tion after the Iowa City City Council accepts the project, which Iowa City antics ates to e July 2015. Because the Friends of the Animal Center Foundation intend to provide he oundation Funds to Iowa City in annual payments over a five (5) year period, the parti acknowledge that Iowa City will not have received all the Foundation Funds by the tin th Iowa City City Council accepts the project and therefore cannot determine the final Canit, Contrr ution at such time. In calculating the amount of the prelim iary Capital ' ontribution, the amount of Foundation Funds available to Iowa City when I a City City Cou cil accepts the project shall be the number used in said calculation. I a City shall make a econciliation between the Capital Contribution and the preliminary apital Contribution anm Ily based upon the amount of Foundation Funds available to e City, with the final reconc ration to be made upon receipt of the last payment from the Fri ids of the Animal Center Found tion's fundraising efforts in 2017. Iowa City shall determine tl Capital Contribution, and if any ai ount of the preliminary Capital Contribution is due back t Neighboring Jurisdiction, Iowa City sl all provide such refund in a timely manner after rece' t of additional Foundation Funds. 4. Neighboring J •isdiction will execute a separate 28E Agreemen with Iowa City in which it will share proport'onally with all contributing jurisdictions in the op ating expenses of the facility. Except as rovided in the separate 28E Agreement, Neighboring Nrisdiction will have no right to use or occupy the facility, and operation and management of the acility will be the sole responsibili of Iowa City. I. Thep sties acknowledge that Iowa City, although not required by either F A or the State of Iow , is applying the FEMA Fluids and State Funds toward the Total Project C t, rather than its pr portional contribution, resulting in a lower Capital Contribution for Neigh oring Jurisdicti i. The parties further acknowledge that the Total Project Cost does not include ie value of the land because Iowa City is providing the land for the facility at no cost t Neighb ring Jurisdiction. 6. The Capital Contribution is non - refundable. CITY OF IOWA'11,ITY Dated this 21. By: Mayor Attest: City Clerk STATE OF IOWA JOHNSON COUNTY CITY OF IOW day of ACKNOWLEDGMENT 2012. On this al i day of �1G�usr , 2012, before me, the undersigned, a notary public in and for the State of Iowa, personally appe ed Matthew J. Hayek and Marian K. Karr, to me personally known, ho being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of aid municipal corporation ex cuting the within and foregoing instrument; that the seal of ixed thereto is the seal of said nmicipal corporation; that said instrument was signed and ealed on behalf of said municipal cor oration by authority of its City Council; and that the said ayor and City Clerk as such officers ac iowledged that the execution of said instrument to b the voluntary act and deed of said coip ration, by it and by them voluntarily executed. C'lly proved BY ON f,,. z Q SONDRE PORT Commisslon Number 159 79 1 My Commissfon o aoi les Sand,, &. -6 Notary Public is and for the 1S 11� My Commission expires: 3 of Iowa CITY OF UNIVERSITY HEIGHTS ACKNOWLEDGMENT STATE IOWA ) ) ss: JOHNSON C NTY ) On this day of 12, before me, the undersigned, a notary public in and fo the State of Iowa, personally appe ed Louise From and Chris Anderson, to me personally brown, who being by me duly sworn, id say that they are the Mayor and City Clerk, respectively, of sai nunicipal corporation ex uting the within and foregoing instrument; that the seal affixed thereto ' the seal of said m ricipal corporation; that said instrument was signed and sealed on behalf of id municipal cor ration by authority of its City Council; and that the said Mayor and City Clerk as uch officers knowledged that the execution of said instrument to be the voluntary act and deed of s id corpor tion, by it aiid by them voluntarily executed. Notary Public in and for the State of Iowa My Commission expires: 8 Matt Schultz ytptG Of Oy,9 Secretary of State s 5° State of Iowa '<AY Or z FILED 28 Agreement LL M506333 7125/2013 10:51:48 AM LL PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: 'Enter 'Other' if not in Iowa Item 2. The type of Public Service included in this agreement is: 0 Unknown Service Type (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement between the City of Iowa City and the State of Iowa for the provisions of Animal Care Services (Res #12 -399) Item 4. The duration of this agreement is: (check one) ❑Agreement Expires Zindefinite Duration [mmlddlyyyyl Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑ NO YES Filing # of the agreement: M506332 (Use the filing number of the most recent version fled for this agreement) The filing number of the agreement may be found by searching the 28E database at: w .sos.stale.ia.us /28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Secretary Department Administrative Secretary Email kellie- tuttle(a)iowa- city.org Phone 319- 356 -5043 Full Legal Name Organization Type 'County Party 1 City of Iowa City City Johnson Party 2 State of Iowa State Agency Johnson Party 3 Party 4 Party 5 'Enter 'Other' if not in Iowa Item 2. The type of Public Service included in this agreement is: 0 Unknown Service Type (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement between the City of Iowa City and the State of Iowa for the provisions of Animal Care Services (Res #12 -399) Item 4. The duration of this agreement is: (check one) ❑Agreement Expires Zindefinite Duration [mmlddlyyyyl Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑ NO YES Filing # of the agreement: M506332 (Use the filing number of the most recent version fled for this agreement) The filing number of the agreement may be found by searching the 28E database at: w .sos.stale.ia.us /28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Secretary Department Administrative Secretary Email kellie- tuttle(a)iowa- city.org Phone 319- 356 -5043 Prepared by: Susan Dulek, Ass't. CityAtty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 12 -399 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE STATE OF IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. WHEREAS, Iowa City provides animal care services and operates a facility for the provision of said services; WHEREAS, the City of Iowa City and the State of Iowa have negotiated the terms of an Agreement for the Provision of Animal Care Services, a copy of said Agreement is attached; and WHEREAS, it is in the interest of the City of Iowa City to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest two (2) originals of the Agreement between the City of Iowa City, Iowa and State of Iowa for the Provision of Animal Care Services, a copy of which is attached. Passed and approved this 21st day of August , 2012 AA : tf MAYOR ATTEST: C TY LERK Approved by City Attorney's Office Resohition No. 12 -399 Page 2 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: AYES: _x_ x x x x x x NAYS: ABSENT: the Champion Dickens Dobyns Hayek Mims Payne Throgmorton AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND STATE OF IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES This Agreement is entered into between the City oflowa City, Iowa, a municipal corporation, ( "Iowa City ") and the State of Iowa ( "Neighboring Jurisdiction "). WHEREAS, Iowa City provides animal care and sheltering services and operates a facility for the provision of said services ( "animal center "); and WHEREAS, Iowa City is willing to provide animal care services to Neighboring Jurisdiction's University of Iowa campus. THEREFORE, Iowa City and Neighboring Jurisdiction agree as follows: 1. Term/Duration. This Agreement shall be effective July 1, 2013, and the duration of this Agreement shall be perpetual, unless terminated in the manner provided below. 2. Purpose. The purpose of this agreement is for Iowa City to provide animal care services to Neighboring Jurisdiction's University of Iowa campus. 3. Sheltering Seivice Fee. The "sheltering service fee" is the total operational budget for the animal center for the following fiscal year multiplied by the average percentage of Neighboring Jurisdiction animals in the shelter in the previous three (3) completed fiscal years. The formula for determining the shelter service fee and the definitions of the variables are as follows: total operational budget for animal center for following FY multiplied by ave. % of Neighboring Jurisdiction animals in previous 3 completed FYs equals Neighboring Jurisdiction current FY sheltering service fee ave. number Neighboring Jurisdiction animals previous 3 completed FYs divided by average number of animals in animal center in previous 3 completed FYs equals ave. % of Neighboring Jurisdiction animals in previous 3 completed FYs total number of animals in animal center in previous 3 completed FYs divided by 3 equals average number of animals in animal center in previous 3 completed FYs total number Neighboring Jurisdiction animals in previous 3 completed FYs divided by 3 equals ave. number Neighboring Jurisdiction animals previous 3 completed FYs "Animal sheltering services" means housing and medical care, as determined by Iowa City, including but not limited to spay, neuter, microchip, adoption, reunification and euthanasia as needed. Iowa City will provide no field services to Neighboring Jurisdiction, except as provided below in the paragraph entitled "Additional Services." "Neighboring Jurisdiction animal" means any animal that is brought to the animal center from the University of Iowa campus. "Total number of animals" means all animals brought to the animal center from within a jurisdiction with a Chapter 28E agreement with Iowa City and from Neighboring Jurisdiction. "Total operational budget" means the total cost of operating the animal center, excluding field services, which can be found in the cost center entitled "Shelter Operations and Administration" under the Division entitled "Animal Care and Adoption" in the Iowa City budget. The amount of the sheltering service fee will change automatically each fiscal year beginning July 1, 2014. Beginning January 1, 2014, and from year -to -year thereafter, Iowa City will provide Neighboring Jurisdiction with the amount of the sheltering service fee that will be effective the following July 1. Iowa City will invoice Neighboring Jurisdiction monthly for the animal sheltering service fee, and Neighboring Jurisdiction will pay the fee within thirty (30) days of receipt of the invoice. There is no limit to or cap on the number of days that an animal will remain in the animal center. Neighboring Jurisdiction may inquire at any time into the status of any animal, including the basis for the duration of the stay. 4. Acceptance of Animals A. In General. Iowa City will accept any animal fi•om Neighboring Jurisdiction, except as noted below. B. Sick /Injured. Iowa City will not accept a severely sick or injured animal after regular business hours. "Severely sick or injured" means in need of immediate medical attention as determined by Iowa City. A severely sick or injured animal subsequently determined to be stable by a veterinarian will be accepted during regular business hours. C. Prohibited. Iowa City may accept animals that are prohibited by Iowa City Ordinance (e.g., monkeys and alligators) on a case by case basis depending on species and needs. Neighboring Jurisdiction will be charged a specific fee for each 2 animal accepted. Iowa City shall inform Neighboring Jurisdiction of said fee prior to acceptance, except in emergencies where the safety /welfare of the animal(s) or public health and safety is at risk or where expense information is not immediately available. Said animal will not be included in the "total number of Neighboring Jurisdiction animals in animal center" in that fiscal year. Neighboring Jurisdiction will pay said fee within thirty (30) days of receipt of an invoice. For public safety and appropriate confinement, these animals may need to be housed off site at an appropriate facility. D. Housing Offsite. If an animal needs to be housed offsite due to, for example, the impoundment of a large number of animals, the type of species, or the specific needs of the animal, acceptance of that animal will be determined by Iowa City at its sole discretion. If the animal is accepted and housed offsite, Iowa City will promptly notify Neighboring Jurisdiction of the offsite housing, and Neighboring Jurisdiction will pay Iowa City administrative expenses and the actual costs of housing within thirty (30) days of being provided written documentation, including but not limited to the veterinarian bill. Neighboring Jurisdiction shall have the option of providing for the housing of the animal, but as provided below in Paragraph 4E, Neighboring Jurisdiction will claim no ownership interest in said animal. Said animal will not be included in the "total number of Neighboring Jurisdiction animals in animal center" in that fiscal year. E. Ownership. Neighboring Jurisdiction will claim no ownership interest in any animal and will not retrieve or pick -up any animal from the animal center without Iowa City's authorization. 5. Quarantine. A. Known Owner. In cases of animal bites, where no current rabies vaccination is on file and quarantine is required by law, the parties agree that it is the owner's, if known, responsibility to quarantine the animal at a certified veterinary clinic and pay all costs incurred. If the owner refuses, Neighboring Jurisdiction may quarantine the animal at the animal center. If Neighboring Jurisdiction chooses to have Iowa City quarantine the animal, Iowa City may do so at the animal center or at a veterinary clinic, and said animal will be not be included in the "total number of Neighboring Jurisdiction anhnals in animal center" in that fiscal year if quarantined offsite. If the animal is accepted and quarantined offsite, Iowa City will promptly notify Neighboring Jurisdiction of the offsite housing, and Neighboring Jurisdiction will pay Iowa City administrative expenses and the actual costs of housing within thirty (30) days of being provided written documentation, including but not limited to the veterinarian bill. Owned animals with current rabies vaccination status that do not pose a threat to the general public should be quarantined at the owner's ]ionic for a period of 10 days from the start of quarantine. B. Stray Animals. All stray biting animals with unknown rabies status will be quarantined at the animal center or an offsite facility. All stray animals will be included in the 3 "total number of Neighboring Jurisdiction animals in animal center" in that fiscal year if housed at the animal center. If the animal is accepted and quarantined offsite, Iowa City will promptly notify Neighboring Jurisdiction of the offsite housing, and Neighboring Jurisdiction will pay Iowa City administrative expenses and the actual costs of housing within thirty (30) days of being provided written documentation, including but not limited to the veterinarian bill. Fractious or feral animals with no traceable identification will be evaluated by Iowa City for adoption, rescue transfer, TNR, or euthanasia as allowed under state and local law. 6. Policies. All animals will be subject to the policies of Iowa City, including but not limited to Quarantine Procedure, Holding and Impound Procedure, Adoption Procedure, Poster Procedure, Euthanasia Procedure, and Emergency Medical Procedure, which Neighboring Jurisdiction may request to review annually as provided in Paragraph 9 below. 7. Reclaim. If a Neighboring Jurisdiction animal is reclaimed by the owner, said owner will be required to pay the Iowa City "reclaim fee." All animals reclaimed that do not have microchip identification will be implanted by Iowa City with a microchip, at the cost to the owner prior to being released from the animal center. If an owner cannot afford the cost of reclaim, Neighboring Jurisdiction will be notified by the animal center staff and will have the option to pick up the uncovered cost and bill the owner privately. 8. Additional Services. A. At Neighboring Jurisdiction's option, it may request that Iowa City prepare and transport to Oakdale a dead animal that needs be tested for rabies for a flat fee of $75.00 per animal. B. At Neighboring Jurisdiction's option, it may request that Iowa City provide field services for cases of animal hoarding, commercial breeding inspections, animal neglect, animal cruelty, injured, sick, and aggressive or biting animals. C. At Neighboring Jurisdiction's option, Iowa City will assist in investigating cases, including writing reports, interviewing witnesses, collecting evidence, and testifying. D. Iowa City reserves the right to decline to perform said services based on staffing, animal center constraints, or the need to perform services within Iowa City. E. Iowa City will invoice Neighboring Jurisdiction on a monthly basis for said services, and Neighboring Jurisdiction shall pay the amount within thirty (30) days of receipt of the invoice. With the exception of the flat fee in Paragraph 8A, the amount invoiced will be based on the time spent by staff members) to respond to the call beginning when the staff member leaves the animal center and ending when the staff member returns to the animal center. Costs will be based on the over -time rate of pay for Iowa City personnel under the ASFME contract agreement and under administrative rates of pay for supervisors. In addition, Iowa City will bill Neighboring Jurisdiction for mileage costs at the standard mileage rate used by the IRS to calculate the deductible costs to operate a vehicle for business purposes, which 4 is $.55 per mile in 2012. Administrative costs associated with the incident, including but not limited to tracking and invoice preparation will also be included in said invoice. F. When a field service request is made by Neighboring Jurisdiction, it will have a representative present on site who has the legal authority to enforce relevant local and state laws. 9. Annual Review. At Neighboring Jurisdiction's request, Iowa City staff will meet annually with staff from Neighboring Jurisdiction, along with staff from any jurisdiction that has entered into a 28E agreement for animal care services, to review animal center policies, as described in Paragraph 6, and operations. The parties will engage in a good -faith discussion to reach a consensus on the policies and operations, but Iowa City is tinder no obligation to amend its policies or operations. Iowa City acknowledges that Neighboring Jurisdiction has an interest in how policies and operations impact the animal center's capacity. 10. License. Iowa City will provide no licensing services to Neighboring Jurisdiction unless requested. If requested, this agreement will be amended. 11. Animal Center. Neighboring Jurisdiction will have no right to use or occupy the animal center, and operation and management of the animal center is the sole responsibility of Iowa City, Iowa City will provide Neighboring Jurisdiction with access to the animal center after regular business hours to allow Neighboring Jurisdiction personnel to house an animal that is "acceptable" as provided in Paragraph 4 above. Upon partial or complete termination of this agreement, all the property within the animal center remains the property of Iowa City. 12. Termination. Neither party may terminate this Agreement before June 30, 2019. Beginning June 30, 2019, either party may terminate this Agreement effective June 30 by providing written notice to the other party by July 1 of the previous year. 13. Administrator. The Iowa City Police Chief will administer this Agreement and the services provided under this Agreement. 14. Notice. Notice by Iowa City to Neighboring Jurisdiction must be in writing and addressed to: Iowa City, IA 52242. Notice by Neighboring Jurisdiction to Iowa City must be in writing and addressed to: City Clerk, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240. Notice is sufficient if delivered by ordinary mail. 15. Reports. At Neighboring Jurisdiction's request, Iowa City will provide at no charge a monthly report listing the "Neighboring Jurisdiction aninnals" that were impounded for that period and their dispositions. At Neighboring Jurisdiction's request, Iowa City will provide an 5 amoral report of the animal center operations thirty (30) days prior to the annual review described in Paragraph 9 above. If Neighboring Jurisdiction requests additional reports, Iowa City will provide them at its cost to prepare them. 16. Responsibility. Neighboring Jurisdiction agrees to be responsible for and indemnify and hold Iowa City harmless from all claims and damages, including reasonable attorney fees, that directly result from the negligent acts or omissions of the Neighboring Jurisdiction, its employees, or agents to the extent permitted by Iowa Code Chapter 669. Iowa City shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond City's control. 17. Waiver. The waiver by either party of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms of this Agreement. 18. Severability. If a provision shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 19. Intentionally Left Blank. 20. Entire Agreement. This Agreement sets forth all of the covenants, promises, agreements, and conditions between Iowa City and Neighboring Jurisdiction concerning animal care services, and there are no other covenants, promises, agreements or conditions, either oral or written, between them. This Agreement may not be modified or amended in any manner except by an instrument in writing executed by the parties. CITY OF IOWA CITY Dated this 21st day of August 2012. By: AAAiK A Mayor Attest: City Clerl Ap roved By �s f6 City Attornoy-'q Offic o 6 CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this a(•rL day of.jtuGUsr 2012, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ao"o"! FOR CauMaalon Number 1t978t S � My Corn MahnEVf" Notary Public in and for the State of Iowa My Commission Expires: .514 .;O zs NEIGHBORING JURISDICTION•STATE Or IOWA Dated this z t day of 12012, By: � ` � The University of Iowa University Business Manager 2660 University Capitol Centre Iowa City, Iowa 52242 -5500 19 Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 12 -400 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ANIMAL SHELTER FACILITY CAPITAL CONTRIBUTION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE STATE OF IOWA. WHEREAS, as set forth in Resolution No. 12 -155, the City has agreed to build a new animal shelter facility that exceeds the needs of its citizens and addresses the needs of a neighboring jurisdiction on the condition that the jurisdiction contribute its proportional share of the construction costs; WHEREAS, the State of Iowa has agreed to pay its proportional share of the construction costs of the new shelter: and WHEREAS, it is in the interest of the City of Iowa City to enter into said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest to two (2) originals of the attached shelter facility capital contribution agreement with the State of Iowa. Passed and approved this 21st day of August 2012. MAYOR ATTEST: CITY ERK Approved by City Attorney's Office Resolution No. 12 -400 Page 2 It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Th ogmorton ANIMAL SHELTER FACILITY CAPPI'AL CONTRIBUTION AGREEMENT This Agreement is entered into between the City of Iowa City, Iowa, a municipal corporation, ( "Iowa City ") and the State of Iowa ( "Neighboring Jurisdiction "). WHEREAS, Iowa City is planning to construct a new facility for the provision of animal care and sheltering services; WHERAS, because the previous facility was destroyed in the June 2008 flood, FEMA and the State of Iowa have approved finding for the replacement of the flooded facility; WHEREAS, the Friends of the Animal Center Foundation is undertaking a campaign to raise funds for construction of the facility; WHEREAS, Iowa City is willing to construct a facility that exceeds the needs of the University of Iowa is willing to contribute to the costs of the facility; and WHEREAS, Neighboring Jurisdiction is willing to contribute to the costs of the facility. THEREFORE, Iowa City and Neighboring Jurisdiction agree as follows: 1. Neighboring Jurisdiction agrees to pay Iowa City a Capital Contribution. 2. Capital Contribution is defined as "Net Project Cost' multiplied by "Neighboring Jurisdiction Animals Percentage." a. Net Project Cost. When determining Capital Contribution, Net Project Cost is defined as "Total Project Cost" less "FEMA Funds" less "State Funds" less "Foundation Funds." b. Neighboring Jurisdiction Animals Percentage. When determining Capital Contribution, Neighboring Jurisdiction Animals Percentage is defined as "Neighboring Jurisdiction Animals in FY09 -FYI I" (defined as animals brought to the Iowa City shelter from the University of Iowa campus) divided by "Total Number of Animals in Shelter from Contributing Jurisdictions FY09 -FYI I" and rounded to two (2) decimal points. e. Total Project Cost. When determining Capital Contribution, Total Project Cost is defined as all construction costs of the facility incurred by Iowa City after January 25, 2012 including, but not limited to, parking, lighting, change orders, architectural design services, soft costs, furniture, fixtures, and equipment. Iowa City estimates the Total Project Cost at $3 million. The parties acknowledge that said figure is a good - faith, non- binding estimate based on estimates provided by Jackson & Ryan Architects and that the Total Project Cost will not be determined until on or about July 2015 (see Paragraph 3 below). Supporting documentation for said costs is available on request. d. FEMA Funds. The parties acknowledge that FEMA has `obligated" $1,416,152.64 for the replacement of the flooded facility, of which the federal share is ninety percent (90 %) or $1,274,537.38. The parties further acknowledge that said amount is based on an application submitted to FEMA and that the actual FEMA assistance provided may be greater or less than this amount. The parties further acknowledge that the FEMA assistance is provided to Iowa City after an expense is incurred and a claim submitted for reimbursement. The parties further acknowledge that Iowa City has requested reimbursement of expenses incurred prior to January 25, 2012 for architectural fees and demolition of the flooded facility. FEMA Funds is defined as the FEMA assistance provided to Iowa City for reimbursable expenses incurred after January 25, 2012. e. State Funds. The parties acknowledge that the State of Iowa has agreed to provide the ten percent (10 %) local share of the FEMA obligated amount, which is $141,615.26. The parties further acknowledge that the State of Iowa assistance is provided to Iowa City after an expense is incurred and a claim submitted for reimbursement. The parties further acknowledge that Iowa City has requested reimbursement of expenses incurred prior to January 25, 2012 for architectural fees and demolition of the flooded facility. State Funds is defined as the State of Iowa assistance provided to Iowa City for reimbursable expenses incurred after January 25, 2012. f. Foundation Funds. Foundation Funds is defined as the amount of capital funds raised by the Friends of the Animal Center Foundation and provided to Iowa City. Iowa City estimates the Foundation Funds to be $1 million. Iowa City reserves the right to decrease the size of the facility and /or eliminate components of the facility if $1 million is not raised. The parties acknowledge that the Friends of the Animal Center Foundation intend to provide the Foundation Funds to Iowa City in annual payments over a five (5) year period with the first payment being made on or about June 1, 2013. g. Formula. The formula for determining the Capital Contribution is as follows: Net Project Cost Multiplied by Neighboring Jurisdiction Animals Percentage Capital Contribution Total Project Cost Less FEMA Funds Less State Funds Less Foundation Funds Net Project Cost Neighboring Jurisdiction Animals in FY09 -FY 1 1 (40) Divided by Total No. Animals in Shelter from Contributing Jurisdictions FY09 -FYI I Neighboring Jurisdiction Animals Percentage (rounded to 2 decimal pts.) 3. A preliminary Capital Contribution is due and payable within thirty (30) days of receipt of an invoice. Iowa City sliall determine the Neighboring Jurisdiction's preliminary Capital Contribution and will invoice the Neighboring Jurisdiction after the Iowa City City Council accepts the project, which Iowa City anticipates to be July 2015. Because the Friends of the Animal Center Foundation intend to provide the Foundation Funds to Iowa City in annual payments over a five (5) year period, the parties acknowledge that Iowa City will not have received all the Foundation Funds by the time the Iowa City City Council accepts the project and therefore cannot determine the final Capital Contribution at such time. In calculating the amount of the preliminary Capital Contribution, the amount of Foundation Funds available to Iowa City when Iowa City City Council accepts the project shall be the number used in said calculation. Iowa City shall make a reconciliation between the Capital Contribution and the preliminary Capital Contribution amorally based upon the amount of Foundation Funds available to the City, with the final reconciliation to be made upon receipt of the last payment from the Friends of the Animal Center Foundation's fundraising efforts in 2017. Iowa City shall determine the Capital Contribution, and if any amount of the preliminary Capital Contribution is due back to Neighboring Jurisdiction, Iowa City shall provide such refund in a timely manner after receipt of additional Foundation Funds. 4. Neighboring Jurisdiction will execute a separate agreement with Iowa City in which it will share proportionally with all contributing jurisdictions in the operating expenses of the facility. Except as provided in the separate agreement, Neighboring Jurisdiction will have no right to use or occupy the facility, and operation and management of the facility will be the sole responsibility of Iowa City. 5. The parties acknowledge that Iowa City, although not required by either FEMA or the State of Iowa, is applying the FEMA Funds and State Funds toward the'fotal Project Cost, rather than its proportional contribution, resulting in a lower Capital Contribution for Neighboring Jurisdiction. The parties further acknowledge that the Total Project Cost does not include the value of the land because Iowa City is providing the land for the facility at no cost to Neighboring Jurisdiction. 6. The Capital Contribution is non- refrurdable. CITY OF IOWA CITY Dated this 21st dayof August , 2012. BY: /��J� -GF ., Mayor / �pIGV ®d By Attest: Ai Z.114,� 4111 �/ &)t �� City Clerk City AttOtney's Orfi, ;;"" CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA JOHNSON COUNTY On this a/ P day of 4aGuST" , 2012, before me, the undersigned, a notary public In and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duty sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. . 60NDRAE FOttT ScnMaz T'�'r"17 commteswnNumhertG970t Notary Public In and for the State of lowa M Comr salal re8 7 doi5 My Commission expires: a1v Z vc1,r NEIGHBORING JURISDICTION- STATE; OF IOWA JE' Dated this day of 8y-loi -t 2012. By. The University of Iowa University Business Manager 2660 University Capitol Centre Iowa City, Iowa 52242 -5500 Prepared by Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240, (319) 356 -5030 RESOLUTION NO. 12 -401 RESOLUTION APPROVING A SETTLEMENT AND REWORK AGREEMENT BETWEEN THE CITY OF IOWA CITY AND KNUTSON CONSTRUCTION SERVICES MIDWEST, INC. REGARDING THE PRECAST DOUBLE TEE WALKWAY BEAMS AT THE IOWA CITY WATER FACILITY. WHEREAS, the City of Iowa City (IOWA CITY) and Knutson Construction Services Midwest, Inc. ( KNUTSON) are parties to a contract for construction of the Iowa City Water Facilities Improvement dated December 15 "', 1999; and WHEREAS, the parties have a dispute relating to the precast double tee walkway beams construction as detailed in Wiss, Janney, Elstner Associates, Inc.'s ( "WJE ") final report dated December 19, 2011; and WHEREAS, on December 27, 2011, IOWA CITY provided KNUTSON a copy of the WJE Report and informed Knutson that Iowa City believes the problems, costs, repairs and construction defects to be entirely Knutson's responsibility, including all costs, investigation, remediation, experts, engineer, attorneys and other expenses related to the issues identified in the WJE Report; and WHEREAS, the parties have negotiated a settlement and rework agreement whereby Knutson agrees to do the necessary work to repair the double tee walkway beams at its sole cost and to reimburse the City for all costs, including but not limited to fees and charges of engineers and attorneys, incurred by Iowa City in enforcing its contract rights relating to the Walkway Double Tees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The City Council for the City of Iowa City hereby approves the attached settlement and rework agreement between the City of Iowa City and Knutson Construction Services Midwest, Inc. as being in the best interest of the City of Iowa City. 2. The Mayor and City Clerk are hereby authorized and directed to sign and attest the attached Settlement and Rework Agreement. Passed and approved this 21st day of August , 2012. AA-A4 n MAYOR roved by ATTEST:, 64T-Y CLERK City Attorney's Office D �� l Resolution No. 12 -401 Page 2 It was moved by Mims and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Champion Dickens Dobyns Hayek Mims Payne Throgmorton SETTLEMENT AND REWORK AGREEMENT This Settlement and Rework Agreement (the "Agreement ") is dated August 21, 2012. The parties to this Agreement are City of Iowa City, Iowa ( "Iowa City ") and Knutson Construction Services Midwest, Inc. ( "Knutson "). BACKGROUND FACTS A. Iowa City is a Municipal Corporation in the State of Iowa. B. Knutson is an Iowa corporation with its principal place of business in Iowa City, Johnson County, Iowa. C. Iowa City and Knutson entered into a contract for the construction of the Iowa City Water Facilities Improvement dated December 15, 1999, which contract was for the performance of the work described in the Project Manual for Iowa City Water Facilities Improvement dated October 11, 1999 (the "Project Manual "). D. Knutson proceeded with the work and achieved substantial completion at an agreed date of April 10, 2003, E. In January 2005, Iowa City and Knutson settled a claim relating to the replacement of the architectural precast wall panels at the Iowa City Water Treatment Facilities by entering into a Rework Agreement. F. Iowa City paid Knutson the full amount of its retainage, $158,080.43, on or about July 25, 2005. With that payment, Iowa City paid the full amount due to Knutson under the December 15, 1999 contract. G. On November 14, 2006, Iowa City passed Resolution No. 06 -341 accepting the work for the Iowa City Water Facility Improvements Division I: Water Treatment Plant and Division II: Well Houses Project. H. On February 23, 2007, Iowa City notified Knutson that it had discovered cracks in the precast double tee roof beams ( "Roof Double Tees "). Iowa City and Knutson entered into a Settlement Agreement and Mutual Release regarding the Roof Double Tees on January 29, 2008. Settlement and Rework Agreemcnt - Page I of 7 In July 2011, Iowa City identified cracking and spalling in the precast double tee walkway beams ( "Walkway Double Tees ") K. Iowa City notified Knutson of the cracking and spalling in the Walkway Double Tees on July 8, 2011. L. At the request of Iowa City, Wiss, Janney, Elstner Associates, Inc. ( "WJE ") conducted an investigation of the Walkway Double Tees. WJE prepared a report, dated December 19, 2011 (the "WJE Report "), that summarizes the findings of its investigation and sets forth recommended repairs for the Walkway Double Tees. A copy of the WJE Report is attached hereto as Exhibit A and is hereby incorporated by reference. M. On December 27, 2011, Iowa City provided Knutson a copy of the WJE Report and informed Knutson that Iowa City believed the problems, costs, repairs, and construction defects to be entirely Knutson's responsibility, including all costs, investigation, remediation, experts, engineers, attorneys, and any other expenses related to the issues identified in the WJE Report. N. On May 7, 2012, representatives of Iowa City and Knutson met to negotiate the terms of a settlement and rework agreement, and this is the settlement and rework agreement they negotiated. TERMS OF THE AGREEMENT In consideration of the facts mentioned above and the mutual promises set out below, the parties agree as follows: Knutson shall, at its sole cost and with no cost to Iowa City, perform Phase 1 of the Rework, which is comprised of the following: a. WJE shall be retained by Iowa City to inspect and test, as necessary, the areas described in the WJE Report and participate in an onsite meeting with Knutson, Knutson's engineer, and Iowa City to discuss the Rework, as defined below. Settlement and Rework Agreement - Page 2 of 7 b. Pay all WJE's fees for the services performed related to the Walkway Double Tees, which total approximately $33,000 to date, and all WJE's services to be performed as part of Phase 1. 2. At the conclusion of Phase 1, Iowa City and Knutson shall in good faith negotiate regarding a Notice to Proceed to Phase 2, which shall describe the level or amount of engineering necessary for items 1 through 16 listed in the WJE Report, provide for a division of responsibility for the engineering to be performed by either WJE or Knutson's engineer, and describe the remedial work to be performed. The City of Iowa City Director of Public Works shall have authority to enter into the Notice to Proceed to Phase 2 on behalf of the Iowa City. 3. If Iowa City and Knutson agree to a Notice to Proceed to Phase 2, Knutson shall, at its sole cost and with no cost to Iowa City, perform Phase 2 of the Rework, which is comprised of the following: a. WJE shall be retained by Iowa City to perform the engineering provided for in the Notice to Proceed to Phase 2 including the preparation of drawings and /or specifications depicting the remedial work necessary to correct the items noted in the Notice to Proceed as requiring drawings and /or specifications by WJE. b. Knutson or Knutson's engineer shall prepare submittals provided for in the Notice to Proceed to Phase 2, which shall depict the remedial work necessary to correct the items noted in the Notice to Proceed as requiring submittals by Knutson's engineer. C. WJE's drawings and specifications and Knutson's submittals shall be forwarded to Iowa City for review, comment, and approval by Iowa City. d. WJE's services and Iowa City's review of drawings, specifications, and submittals shall in no way relieve, discharge, modify, or affect the obligation of Knutson to comply fully and completely with the Project Manual, WJE Report, and all applicable laws, regulations, and codes, and Knutson shall Sculement and Rovork Agreement - Page 3 of 7 remain fully responsible for the performance of the Rework and any engineering design performed by Knutson's engineer. e. Perform remedial work in accordance with the Project Manual, the WJE Report, and drawings and specifications or submittals approved by WJE and Iowa City. Tender the remedial work when ready for inspection by Iowa City and WJE. g. Knutson and Knutson's engineer shall certify the Rework is in compliance with the plans and specifications or the approved submittals, the Project Manual, and the WJE Report. h. WJE shall provide an observation report that based on visual observations the Rework appears to be in compliance with the Project Manual, the WJE Report, and drawings and specifications or submittals. Knutson shall reimburse Iowa City for all costs, expenses, and fees associated with WJE's services. At the sole option of Iowa City, Iowa City may alternatively forward to Knutson for payment all costs, fees, and expenses associated with WJE's services. (collectively, the "Rework "). 4. In the event Iowa City and Knutson were not to agree to a Notice to Proceed to Phase 2, both Iowa City and Knutson reserve all rights against the other related to the Walkway Double Tees, except Knutson shall be responsible for WJE's fees as set forth in paragraph 1. Knutson shall perform the Rework performed pursuant to the Notice of Proceed with no reimbursement, payment, entitlement, or claim against Iowa City for the cost of the Rework. Since the Rework will not be publicly bid, because there is no requirement to do so because the Rework is not paid for in whole or in part with funds of a governmental entity, this Settlement Agreement, its Exhibit, the Notice to Proceed, the Project Manual, and the documents provided by WJE to Knutson shall constitute the Agreement between Knutson and Iowa City relating to the Rework. Setdement and Rework Agreement - Page 4 of 7 Knutson expressly reserves the right to make claims for reimbursement, contribution, indemnity or otherwise for all costs of the Rework and the amounts Knutson pays to Iowa City pursuant to this Agreement against all other persons or parties who may be responsible or may be alleged to be responsible for those costs, demands, claims or expenses, except for Iowa City. Phase 1 shall be completed by September 30, 2012. Knutson will promptly begin the Rework and complete it no later than 120 days from the date of the Notice to Proceed, barring delays relating to the availability of materials or force majeure. Upon the execution of a mutually - agreeable Notice to Proceed, Knutson shall reimburse Iowa City the following amounts which Iowa City represents and agrees to be the total amount of costs, losses, and damages, including but not limited to fees and charges of engineers, architects, attorneys and other professionals incurred by Iowa City in enforcing its contract rights relating to the Walkway Double Tees, that it is entitled to recover from Knutson: NAME DESCRIPTION AMOUNT Shoemaker & $550.00 Holland Aero Rental $224.00 Scaffolding Simmons Perrine Legal Services through August 21, 2012 $15,414.00 Moyer Bergman (the $15,414.00 amount only reflect PLC services though June 30, 2012) TOTAL $16,188.00 9. Upon completion of the Rework described in paragraph 3 of this Agreement and upon payment of the sums required by this Agreement, Iowa City and Knutson hereby irrevocably release, acquit, and forever discharge each other, their predecessors and successors in interest and their directors, officers, shareholders, employees, agents, attorneys, representatives, affiliates, subsidiaries, heirs, and assigns and all thereof from any and all manner of actions, suits, claims, damages, judgments, levies, executions, demands, costs, expenses, and liabilities, liquidated or unliquidated, fixed or contingent, direct or indirect, whether in contract, tort, or otherwise, whether existing by virtue of any federal, state, or local SQUlemenl and Rc%grk Agreement - Page 5 of 7 statute or regulation arising out of any claims that Iowa City and /or Knutson ever had or have asserted or could assert against each other or its above -named representatives, known or unknown as of the date of the execution of this Agreement for, upon or by reason of any matter, fact, or thing arising out of or in any way relating to the manufacture, construction, installation, connection, and /or design of the Walkway Double Tees. 10. The aforementioned consideration is accepted by Iowa City and Knutson in full and complete satisfaction of all alleged damages arising out of any disputes and claims asserted between the parties. It is expressly understood and agreed that the terms of this Agreement are contractual and not mere recitals, that the agreements herein contained and the consideration transferred is to compromise doubtful and disputed claims, avoid litigation, and buy peace, and that no statement contained in this Agreement should be deemed to be an admission against interest by Iowa City or Knutson or a concession as to a claim or defense, nor shall any party be deemed of admitting any liability to any third party, which liability is expressly denied. 11. Knutson will perform the Rework at no cost to Iowa City notwithstanding any terms or condition of the Project Manual relating to payment by Iowa City to Knutson. Knutson will provide all warranties for the Rework as provided for in the Project Manual and those warranties shall continue and survive the release granted under this Agreement. These warranties are express exceptions to the release provided in this Agreement, and are incorporated into this Agreement as if fully set forth herein. 12. This Agreement represents the entire understanding between the parties in connection with the subject matter hereof, and may not be altered or modified except by a writing duly signed by all parties affected by the alteration or modification. 13. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the respective parties. 14. The parties to this Agreement are represented by counsel, and consulted counsel regarding the Agreement before executing it. 15. This Agreement may be executed in several counterparts, each of which shall deem to be an original and which counterparts shall together contain the signatures of all of the parties hereto and shall constitute a single binding and complete Agreement. Settlement and Rework Agreement - Page 6 ot'7 15. The undersigned, by signing the Agreement, state that they have, on behalf of their respective corporation, read the Agreement, that the Agreement has been reviewed by legal counsel for their respective corporation, and that as their corporation's representative, they understand and fully agree to each and every provision in the Agreement. 17. Any provision in this Agreement which is prohibited or unenforceable in any jurisdiction shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 18. Iowa City and Knutson admit that this Agreement is entered into voluntarily and is governed by the laws of the State of Iowa. The parties further agree that the Agreement is specifically enforceable in Iowa courts and the parties agree that the only suitable venue for any action to enforce said Agreement is the courts of the State of Iowa. City of Iowa City, Iowa By: A!�;� n May. r of City of Io a City. Attest: City C k settlement and Rework Agreement - Page 7 of 7