HomeMy WebLinkAbout1988-03-08 ResolutionRESOLUTION NO. #88-32
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF EXCESS FLOW AND
WASTEWATER TREATMENT FACILITIES AT THE EXISTING WASTEWATER TREATMENT PLANT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the above-named project is to be held on the
15th day of March, 1988, at 5:15 p.m. in the Council Chambers, Civic Center,
Iowa City, Iowa.
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 plans, specifications, form of contract and estimate of cost for
the above-named project are hereby ordered placed on file by the City Engineer
in the office of the City Clerk for public inspection.
It was moved by Strait and seconded by Dickson
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
E AMBRISCO
X —. COURTNEY
X .— DICKSON
E HOROWITZ
E LARSON
McDONALD
X STRAIT
Passed and approved this 8th day of March, 1988,
JMAYOR
ATTEST: }il Y o
CIT CLERK
P
TO FOA
Mo;3/�
LEGAL DEPARTMENT
Sas
Y
7
RESOLUTION NO. 88-33
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH
WASTEWATER TREATMENT FACILITY PROJECT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the above-named project is to be held on the
15th day of March, 1988, at 5:15 P.M. in the Council Chambers, Civic Center,
Iowa City, Iowa.
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 plans, specifications, form of contract and estimate of cost for
the above-named project are hereby ordered placed on file by the City Engineer
in the office of the City Clerk for public inspection.
It was moved by Strait and seconded by Dickson
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
Y
AMBRISCO
X
COURTNEY
Y
DICKSON
X
HOROWITZ
Y
LARSON
Y
McDONALD
Y
STRAIT
Passed and approved this 8th day of March, 1988.
ATTEST: bIa � ,,<2 4f •1'AJ
CITY CLERK
MAYOR
� fi TO FOR 3�3�
LEGAL DEPARTMENT
3a/0
V
A
a
RESOLUTION NO. 88-3d
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF BENT BROOK
ACRES OF JOHNSON COUNTY, IOWA.
WHEREAS, the owners, John J. and Margaret E. Sohm, have filed with the City
Clerk of Iowa City, Iowa, an application for approval of the preliminary and
final plat of Bent Brook Acres; and
WHEREAS, the proposed subdivision is located in Johnson County and within Iowa
City's two-mile extraterritorial jurisdiction; and
WHEREAS, the Department of Planning and Program Development and the Public Works
Department have examined the proposed preliminary and final plat and have found
it to conform with all the pertinent requirements of City Ordinances of the City
of Iowa City, Iowa; and
WHEREAS, the Department of Planning and Program Development has recommended the
proposed preliminary and final plat be denied based upon its inconsistency with
the development policy for Area 4 of the Iowa City/Johnson County Fringe Area
Policy Agreement; and
WHEREAS, the preliminary and final plat has been examined by the Planning and
Zoning Commission and after due deliberation the Commission has recommended that
it be accepted and approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the preliminary and final plat of Bent Brook Acres is hereby approved.
2. That the Mayor and the City Clerk of the City of Iowa City, are hereby
authorized and directed to certify the approval of this resolution which
shall be affixed to the preliminary and final plat; to execute such legal
documents as the City Attorney shall approve with respect to the sub-
division and that the owner/subdivider shall record them at the office of
the County Recorder of Johnson County, Iowa, and return file -stamped copies
to the City Clerk.
It was moved by Ambrisco and seconded by Morowitz the Resolu-
tion be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
S
Ambrisco
X
Courtney
K
Dickson
K
Horowitz
X
Larson
K
McDonald
K
Strait
Passed and approved this
8th day of Malarc//h////�� 1988.
AYOR
Approved as to Form
y,
ATTEST://7aiue,>J
J 3 JP
•ter
CIT CLERK
4A_
Leg 1 epartmen
345
Y
4
STAFF REPORT
To: Planning and Zoning Commission
Prepared by: Barry Beagle
Item: CZ -8720. John Sohm
5-8521. Bent Brook Acres Date: December 17, 1981
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Fringe Area:
Applicable regulations:
File date:
45 -day limitation period:
John and Margaret Sohm
233 Linden Court
Iowa City, Iowa 52240
1) Rezone a 1.75 acre parcel from
RS to Al and rezone a new 1.43
acre parcel from Al to RS
(County).
2) To approve a preliminary and
final subdivision plat.
To establish two residential lots.
Approximately two (2) miles north
of Iowa City on County Road FBW,
Opposite Timber Trails Estates,
Part Two.
1) Rezoning: 1.43 acres and 1.75
acres.
2) Subdivision: 87.6 acres.
Agricultural, Undeveloped; Al -84.1
acres, RS - 3.5 acres.
North - Agricultural; Al.
South - Agricultural; A1
East - Agricultural; Al'.
West - Single -Family Residential;
RS, A2.
Area 4.
Fringe Area Policy Agreement, City
Rural Design Standards, Provisions
of the Subdivision Regulations, and
Stormwater Management Ordinance.
1) Rezoning: November 25, 1987
2) Subdivision: October 23, 1985
Subdivision: Waived.
343
a
SPECIAL INFORMATION
Public utilities: Public utilities are presently not
available to this area. Individual
septic systems will be provided for
sewage disposal. Water service will
be provided by individual private
wells.
Public services: Police protection will be provided
by Johnson County. Fire protection
will be provided by the Solon Fire
Department.
Transportation: Access will be provided by a 50 -
foot wide access easement which
intersects County Road F8W.
Terrain: Topographically, the site is very
hilly with some wooded areas.
ANALYSIS
Mr. John Sohm proposes to subdivide an 87.6 acre tract, located approximately
two -miles north of Iowa City on County Road F8W into three lots to be known as
Bent Brook Acres. Approximately 84.10 acres is presently zoned Al, Rural
District and would continue to be used for agricultural purposes. The remain-
ing two lots are located in the extreme northwest corner of the tract adjacent
to the County Road and are intended for residential purposes. Two parcels
totalling 3.5 acres were rezoned from Al to RS in 1984 and comprise most of the
area of the two proposed residential lots.
Mr. Sohm has initiated two separate applications associated with the proposed
subdivision of the 87.6 acre tract. The first request is to correct a discrep-
ancy concerning one of the two (2) RS zoned parcels within the proposed subdi-
vision. The second request is for preliminary and final plat approval to
establish a two -lot residential subdivision. The Commission will need to act
upon the two requests independently.
Background:
A. Zoning. On August 9, 1984, Mr. Sohm initiated application to rezone two (2)
separate 1.75 acre parcels in the northwest corner of the 87.6 acre tract
from Al, Rural District to RS, Suburban District. In accordance with
Section II.A.3. of the Fringe Area Policy Agreement, the request was for-
warded to the Planning and Zoning Commission for review and comment. On
September 6, 1984, the Commission found the request to be inconsistent with
the development policy for Area 4 which advocated agricultural uses. The
City Council concurred with the Commission's recommendation and notified
the Board of Supervisors of its finding that the requested rezoning was
inconsistent with the development policy for Area 4. Contrary to that
policy and the Council's funding, the Board of Supervisors approved the
rezoning of the two parcels on October 18, 1984. Except for Lot 2, the two
parcels comprise most of the area of the two proposed residential lots (see
Attachment "A").
,3443
As platted, an insufficient area of Lot 2 is zoned RS to permit construc-
tion of a single-family residence. The subject rezoning would rezone the
1.75 acre parcel presently zoned RS to Al and rezone a new 1.43 acre parcel
from Al to RS to coincide with the boundaries of Lot 2. The proposed
rezoning would result in a slight repositioning of the RS zoned area to the
northeast and would not result in the establishment of a new residentially
zoned lot (see Attachment "B").
Subdivision. Mr. Sohm initiated application for preliminary and final plat
approval on October 23, 1985, to establish a three -lot, 5.79 acre residen-
tial subdivision. This subdivision is within the two-mile extraterritorial
jurisdiction of Iowa City and is subject to Iowa City review and approval.
Consideration of the plat was halted after a boundary line dispute arose
with an adjacent property owner concerning one of the lots and a zoning
discrepancy which was discovered with Lot 2. The application has been
deferred since November of 1985 at the request of the applicant in an
attempt to resolve the boundary line dispute.
Unable to resolve the dispute, Mr. Sohm has revised his plans and submitted
a new preliminary and final plat for a two -lot, 4.75 acre residential
subdivision, with individual lot sizes of 2.17 acres and 2.58 acres. The
two residential lots are located in the northwest corner of the 87.6 acre
tract adjacent to the County Road. This area of the tract affords the best
topographical access to the County Road.
Development Policy:
The revised development policy for Area 4 continues to indicate that "agricul-
tural use is the preferred use...on the properties located west of Highway
1...." Although the Area 4 development policy was recently amended to permit
"a limited amount of residential development... on the properties east of
Highway 1" residential development has always been discouraged west of High-
way 1. The area where the County's Comprehensive Plan and the Fringe Agree-
ment encourage growth to take place is in Area 3, the corridor along the Iowa
River which includes River Heights.
The Fringe Agreement, adopted on December 22, 1983, was considered to be of
mutual advantage to Iowa City, and Johnson County. The agreement established
policies for the orderly growth and development of those areas within the
two-mile extraterritorial jurisdiction of Iowa City to more effectively and
economically provide services for such growth at the least cost of all the
people in Johnson County. To advance the policies of the Agreement, Section
II.A.3, of the Administrative Policies states that "Any zoning change will
conform with the policies identified for the Area in which the requested change
is located." The proposed rezoning continues to be inconsistent with the Area
4 development policy. Since the City has no absolute power to approve or deny
rezoning requests in the County, the only action available to the City, in
instances where a rezoning is contrary to the policy, is to deny the subsequent
subdivision. The policies agreed to in the Fringe Agreement are meaningless
without governmental action which carries them out. The staff therefore recom-
mends denial of the subdivision based on the fact that approval of the subdivi-
sion, as approval of the rezoning, is contrary to the mutually agreed policy
for this portion of Area 4.
3 �3
Technical Compliance. The following comments are only offered should the
Commission or Council act in favor of the rezoning and proposed subdivision.
The Area 4 policy does not anticipate the annexation of this area in the fore-
seeable future, and therefore, the implementation measures specify that the
City Rural Design Standards shall apply to residential subdivisions. The
proposed subdivision falls within Level 3 of the revised design standards of
the Fringe Agreement since annexation of this area is not anticipated in the
foreseeable future (see Attached Amendment). Level 3 prescribes that the
present County Road improvement standard apply.
Due to rough terrain and limited sight distance on County Road F8W, access to
Lots 1 and 2 and to the remainder of the 82.9 acre tract will be provided by a
50 -foot wide access easement. Although the easement location affords the best
sight distance along the sites' frontage with the County Road, natural contours
along the west boundary of Lot 2 restrict the optimum sight distance to the
south of the intersection. The auxiliary plat should be revised to show modi-
fied contours south of the intersection, acceptable to the Public Works Depart-
ment. The access easement is shown as a part of Lot 2 as opposed to a separate
private road within the subdivision. The applicant does not propose to bring
the easement up to current County road improvement standards at this time for
only the two lots. At such time as any portion of the remaining 82.9 acre
tract is resubdivided, the applicant intends for the easement to be designated
a private road and improved to current County standards. An easement agreement
spelling out the current users of the easement and its future improvement to
current County road improvement standards upon resubdivision of any portion of
the remaining tract needs to be submitted. Staff finds the future improvement
of the easement to be acceptable subject to the easement agreement.
The plat makes no provision for stormwater management. Because of the limited
number of lots and the unforeseen annexation of this area, staff would recom-
mend waiving the designation of stormwater detention facilities and the submis-
sion of calculations until such time as resubdivision or annexation takes
place. Due to the limited area of the two -lot subdivision and due to the
topography of the area, any storm water detention will have to be provided on
the remaining agricultural tract (Lot 3) outside the two residential lots.
Since the current policy for this area is to retain agricultural uses and the
remainder of the tract is zoned agricultural, it is inappropriate to require
stormwater calculations and designation of the detention basin on this tract at
this time. A supplemental agreement concerning the future installation of storm
water management facilities upon resubdivision of any portion of the remaining
82.9 acre tract needs to be submitted.
Legal papers with the exception of the access easement agreement and supplemen-
tal stormwater management agreement have been submitted by the applicant and
are currently under review by the Legal Department.
Mr. Sohm is requesting that the preliminary platting requirements of the City's
Subdivision Ordinance be waived since annexation of this area is not foreseen
for a considerable time. Staff would concur with the applicant's request only
for the 82.9 acre tract located outside of the two proposed residential lots.
STAFF RECOMMENDATION
Staff recommends that the combined rezoning of the 1.75 acre tract from RS to
Al and a new 1.43 acre tract from Al to RS be found inconsistent with the
development policy for Area 4 which intends for this area to be used for agri-
cultural purposes.
Staff recommends that the preliminary and final plat of Bent Brook Acres be
denied based upon the development policies for Area 4. Should Commission or
Council find in favor of this request, staff would recommend that the prelimi-
nary and final plat be deferred pending resolution of the deficiencies and
discrepancies listed below.
DEFICIENCIES AND DISCREPANCIES
1. Approval of the legal papers by the Legal Department, including the ap-
proval of a supplemental agreement deferring installation of stormvater
management facilities until such time as the remaining 82.9 acre tract is
resubdivided, and submission of an easement agreement concerning the use
and future improvement of the 50 -foot wide access easement.
Submission of a letter from the Solon Fire Department and a letter of fire
rating from the developer's engineer.
3. Review and approval of a revised auxiliary plat by the City Public Works
Department concerning sight distance south of the easement/County Road
intersection.
ATTACHMENTS
1. Location Map S-8521 and CZ -8720.
2. Attachment "A" - 1984 Rezoning.
3. Attachment "B" - Proposed Rezoning
4. Design Standards Amendments.
5. Auxiliary Plat.
6. Preliminary and final plat.
Approved by
I
oma S meiser, Director
Department of Planning
and Program Development
3 4-3
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B
PLAT A/OR PLAN APPROVED BY
THE CITY OF LOVA CITY
BENT BROOK ACRES
PRELIMINARY 8 FINAL PLAT
JOHNSON COUNTY, IOWA
D"7''En- OwEA5' atTC.WY•
Jahn J. am l ,,first E. Soh, Craig N. .IIIb
200 Li. Court ISO E. Court street
la.e City, lo. 52240 suit. 201
Io's City. lou. 52210
ulw "llu
_fa w 1 Certify that OVriN the lontn of OCtapr, 407. at tM djr tlM 0/
•—I -1-{y+. Whn 5orm, a turVlY uat na0n. YnOlr ey sucarvltl On, OI tM tract 0I ism
x PIa COnO narlOn, lM C11I Wu%.Ill. of Mnlcn .1. at f011CYt:
Cameain9 at the Northeast Corner of Section 26. TONr1'nlp 110 xo,cn.
N` Ji Rama 6 Yalc oI the Fifth Plfholos1 Por101an; Nt.nc. N55'50'23 N IA
a �z PeCdrp.d 5eartryl, Glory tn. North Lin of the NOrt50Ot Q..... o/ aald
I a Section 6 4
2 he .05, to t50 Point oI fast; the 1501#! 501'06164.2,
it �� 215.00 feet; i50ae N5p'50120"2, 436.29 M[; ihe1#. 501'06'])'11. 161.21
V Irt; Thea! NEC'SO.22"N, 210.23 flet. to a Point on the C.nterllhe.pP
0 2 teen E419tinc County Road (For+nerly W. Codd Roadi; 7hencr
0 ' Sa N01'06'ID"2, Glory said Centarlln, 171.111 feet; thence Wrthe..Wly
A 225.52 Ieec, alorq old Center l t he, on • 291,)0 foot radlty curve
f ccht 5wt50n[ally, .ata 220.18 loot .mea Rears N20']5'N'E, to A
Point on 41d forth Lin of the Northeast Ouarbr of $action 26. unlch
Point is to Wltneest rfvher of Tinter Tra-lls Estates Part I.. ..
Raprad In Plat Book 9. at Re" 16, W the Redoras of this Jomsw
County P".ld4r's O/lice: There. SOO-52'2]'E, Glory old Korth Lin,
669.80 fee[, to the Po Inc of Oedlmby. Said tadn
ct of lana etslns
1.>5 acres, rota Y less am Is suoJact to eaarants am reftrletiltna of
rKOrd.
I further certlly that the Plat a 1,oun It a Correct representation CI
the survey ata the, all corn.. ... ... k" as Indicated.
Robert 0. Nickelson P.O. Nd. 7074 Data
Suetariard to .n ilgrn Oelere .¢ this
day dl
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ATTACHMENT "A"
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BENT BROOK ACRES
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PRELIMINARY B FINAL PLAT
110
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JOHNSON COUP), Y, IOWA
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669.80 I at' to the Point of Do inning. Sold tract 01 )are contlana
4.)5 acre:, Me oe lose am 13 ludfedt td aaiemant1 am rytrletldlt OI
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sal Tr
ESTGQFLSNCD C,t NhCHT.
ret Ord.
1011e.k
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the survey am that all corryn are marled as IMicste0.
NfWFOraT T0wN5NtP
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um
xV mG G01r..1T OF
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twS ne L>n w' 1 Cotm that during Lma nonce under
Detoepar. 190), at he direction of
W
a_l' I-y-�bnn SOtrp. , [urvm twashe nope, ".. py rich attl en. OI the tr3pC of 1prp
P1L Ctpp Mrppn. ore [M WUMerlai of Mltn Ire I[ fell W1:
0 fgg
N N* Carmenc lly IC the Nor[heat Principal
of Sodtmeridian;
26; T.me NsD 31 "W IA
n I uY h.
Pan9e 6 Wit of the FV[n er orth l e .1pIM Thence Quarter Of IL
t.>5 toes i u Pecdrpn0 Bavlrpl, •torp the Norte Lire a/ the lepftheat Quarter e1 said
(oyM' dR Oc¢s) Section 36, 634.05• to the Point of O"lmnl q; Treece SOl•06'O7"W,
LOT 1 7 lSo 315.00 foot; Thence X00.53'23"N. 436.39 feet; Thamdo 501•E6137M. 164.21
� t p' r 1 1 I
4-rn m• T -Mm. I
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L" I}-. n' M -w41'11 u•N 0
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BENT BROOK ACRES
' 225.55 feet. along said CentprllM, on • 297.70 foot 1.d I.e CPrve
dliliy
PRELIMINARY B FINAL PLAT
110
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JOHNSON COUP), Y, IOWA
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Jcm Craigs' AWillieV;
Joon ,nd E. Sdn Craig N. V1111f
'
Pecorand In Plot look 9. At Papa 16, Of the Record. Of the Jonson
ytw
I ourgarO[
_ c.'•I�: - 203 LC3tY, Court 150 E. Court Street
- ..
C nt, Facorael'1 Ofli..; Them. 5a0.55'22'E. •long sold North Ural
loud CRY. iwa 53240 luita 201
Now, cill+[r, Ida 52240
I
669.80 I at' to the Point of Do inning. Sold tract 01 )are contlana
4.)5 acre:, Me oe lose am 13 ludfedt td aaiemant1 am rytrletldlt OI
'I —
sal Tr
ESTGQFLSNCD C,t NhCHT.
ret Ord.
1011e.k
—'FAmr-EL Two - /,49 Ac.
'
I lurcher rncl/Y that the Plat a Spoon 11 a correct, racrelmutlOn of
LOLLTIDN MLP
the survey am that all corryn are marled as IMicste0.
NfWFOraT T0wN5NtP
Z--FARceL- due- 1.75 AC.,
j
J3
BENT BRCOR ACRES
I�i
41
xV mG G01r..1T OF
HGbIJLJ U.r (- upeYyiYY
twS ne L>n w' 1 Cotm that during Lma nonce under
Detoepar. 190), at he direction of
W
a_l' I-y-�bnn SOtrp. , [urvm twashe nope, ".. py rich attl en. OI the tr3pC of 1prp
P1L Ctpp Mrppn. ore [M WUMerlai of Mltn Ire I[ fell W1:
0 fgg
N N* Carmenc lly IC the Nor[heat Principal
of Sodtmeridian;
26; T.me NsD 31 "W IA
n I uY h.
Pan9e 6 Wit of the FV[n er orth l e .1pIM Thence Quarter Of IL
t.>5 toes i u Pecdrpn0 Bavlrpl, •torp the Norte Lire a/ the lepftheat Quarter e1 said
(oyM' dR Oc¢s) Section 36, 634.05• to the Point of O"lmnl q; Treece SOl•06'O7"W,
LOT 1 7 lSo 315.00 foot; Thence X00.53'23"N. 436.39 feet; Thamdo 501•E6137M. 164.21
� t p' r 1 1 I
4-rn m• T -Mm. I
e. S•[nm• <-1TLnd' J
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' Wl the EAISLIN County Road IForherly N. 1a Oo00 Road): Them
—L. ,
� 1to.
L" I}-. n' M -w41'11 u•N 0
IP NOl•06'15"W, a]" said Centerlin. 171.211 feet; Thence Northeasterly
411,47
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' 225.55 feet. along said CentprllM, on • 297.70 foot 1.d I.e CPrve
dliliy
coM.va Soothe.laxly. .1. 320.16 loot cherd were N20.35 -57"E, to a
110
S•»C'i �N alI
Point on said Naltn Line of the Ner'thaat Were., Of Section 26. r,nlCh
ixi
Point 11 the Northeast Cdner of Pinar Trails E1Gtes Pert .TWO. a1
rrf0
. Aj
'
Pecorand In Plot look 9. At Papa 16, Of the Record. Of the Jonson
Adl
NotEC
C nt, Facorael'1 Ofli..; Them. 5a0.55'22'E. •long sold North Ural
aA
A!121P
lb a[SLT rlr P S$ To Gt af,f
gtaO 6[46]4 0.IL'r THg.Lul
669.80 I at' to the Point of Do inning. Sold tract 01 )are contlana
4.)5 acre:, Me oe lose am 13 ludfedt td aaiemant1 am rytrletldlt OI
'I —
sal Tr
ESTGQFLSNCD C,t NhCHT.
ret Ord.
1011e.k
—'FAmr-EL Two - /,49 Ac.
'
I lurcher rncl/Y that the Plat a Spoon 11 a correct, racrelmutlOn of
the survey am that all corryn are marled as IMicste0.
Z--FARceL- due- 1.75 AC.,
PCCert D. M111e110n Oe). No. 7024 Data
• PLAT 6/OR PLAN APPROVED BY
Sweerixd to arta iLOrn p✓ora M tell
rP•cte�
ri>
_
THE CITY OF IOWA CITY
'.i.3on•
.---..
•
........................................................
O." Of • 19_
/
ATTACHMENT as B as
City of Iowa Ch,
MEMORANDUM
Date: August 31, 1984
To: Planning and Zoning Commission
From: Karin Franklin
Re: V-8416. Rezoning of 3.5 Acres from Al to RS in Johnson County
The County has received a request from John and Margaret Sohm for the
rezoning of 3.5 acres north of Iowa City from Al (agricultural) to RS
(residential). The property consists of two 1.75 -acre parcels east of County
Road F8W. The property in question is included in Area 4 of the Johnson
County/Iowa City Fringe Area Policy Agreement.
Section IIA.3 of the Agreement states "Each request for zoning of property
within Areas specified in this Agreement will be forwarded to the City for
review and comment prior to the public hearing before the County Zoning
Commission. Any zoning change will conform with the policies identified for
the Area in which the requested change is located." The policy for Area 4 is
that "Residential development in this area should be discouraged, and
encouraged to take place in Area 3 and other parts of the county zoned for
residential development. Agricultural use is the preferred use in Area 4.
Residential uses for farm family purposes will be considered depending on
soil and site conditions."
The requested rezoning is not for a residential use for farm family purposes.
The staff finds, therefore, that the requ ng is inconsi tent with
the policy stated for Area 4.
Approved by: i - 7
bnald Scmeiser, Director
epartment of Planning and
Program Development
bj5/7
w
393
u
FRINGE AREA POLICY AGREEMENT
` BETWEEN JOHNSON COUNTY, IOWA, AND IOWA CITY, IOWA - AMENDMENT III
This Agreement is entered into pursuant to Chapter 28E of the Cade of Iowa
by and between Johnson county, Iowa, a municipal corporation, and the City
Of Iowa City, Iowa, a municipal corporation, to -wit:
WHEREAS, the County and the City adopted an agreement in December, 1983 to
guide the development of land within the two-mile extraterritorial juris-
diction of Iowa City; and
WHEREAS, that agreement provided for the periodic review and amendment of
the agreement; and
WHEREAS, the City and the County have mutually agreed that the development
standards for subdivisions within the fringe area should be directly
related to the anticipated annexation of any portion of the fringe area.
NOW, THEREFORE, the parties he do agree for themselves and their
respective successors to the following amended policy:
DESIGN STANDARDS:
For all areas, the following design standards shall aooly and shall
supersede any previously stated street stanaaras unaer the "Implementa-
tion" sections of the Area Policies.
Level 1. Full City street standards shall be applied to areas which have
T-Feotate potential for annexation (less than five years). This means an
urban cross-section with street construction of full depth concrete 28
feet wide for local streets and 31 feet for collector streets. All tele-
phone and electric utility service lines shall be underground.
MLevel 2. A minimum rural development standard for streets shall apply to
those areas for future potential annexation (5-10 years). This entails a
rural cross-section with a three inch compacted stone base and chipseal
�I surface 22 feet wide.
�( Level 3. Present County local street improvement standards shall apply to
14 a� other areas within the two-mile fringe of Iowa City. Depending upon
the number of residential properties to be served, the current County
standard is three inches of crushed rock either 20 or 24 feet wide.
This amendment to the Agreement shall be filed with Secretary of the State
of Iowa, and with the Johnson County Recorder in compliance with Chapter
7 (J 2SE, Code of Iowa.
Y..q
3443
P. inter's fee Cy11 e
CERTIFICATE OF PUBLICATION
STATE OF IOWA. Johnson County. ss:
THE IOWA CITY PRESS -CITIZEN
Carol Barr, being duly sworn• sap that I
am the legal clerk of the IOWA CITY
PP.ESS-CITIZEN, a newspaper
published in said county, and that a
notice. a printed copy of which is hereto
artached, was published in said paper
time(s). on the following
date(s):
Legal Clerk
Subscribed and sworn to before mel
this day of A.D.
• Notary Public
11
l I � "..
C ,1
OFFICIAL PUBLICATION
NIDCFff—M
ID At. T:a0AYn5 ff Tif CM ff jW CII'I, IOa, 7fn
TD yM so=
kPI< =am is hav�y gis vat the CIry of .'
ee City's F)M Its,, CUT (XaSt,e T,W ft us fl
jpto vq
art This 6Vumtvin la, to fm
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SeH Witliut m vfi I"C121', t yr" F
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nDs iofhal hatls W W mN fm tie mnatfn0 vtl
c4plul.f s of ton city rrmtft.
Said M11C t vq Nil ba 1I at y:]0 e.at m
NM B. 110 M W fuecll Onus, IW citychic ta:N•.
I Pe1lMnary dolitefm NII N m filen d
Ir.m 1. ITA, at tie L= Tremmuttm Plam
9 sDlAflm DNif $tet tws,m St., IW city,
ilo v f DJ fN M In ljutj. A'D' .
P.olit t"" a Id W of KWuto .MllnlHMa
axw Tfsnwtatlm Flamm (919/9"+M,
• M Nie city Int—W -'or 40at sale nlrtMO
retellfa-ftIa,,,Msee
.
"ms m mita¢ fn xk morint. This rt m IS
01"h the city twit of t1C city of IW city,
WAIN C. WA, cm CIFB(
' MY OF m cm. im
am
Jelwery 30. 1968
34��
PRECEDING
DOCUMENT
Y
P
P:inter's fee Fa'. / 5
CEP,TIFICQTE OF PUBLICATION
STATE OF IOWA. Johnson County, ss:
THE 10"'.1 CITY PRESS -CITIZEN
.I
Carol Barr, being duly sworn. say that I
am the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and that a
notice. a printed copy of which is hereto
attached, was published in said paper
time(s), on the following
daCC (sl:
Legal Clerk
Subscribed and sworn to before in al
this3day of < ,A.D.' .
I9,
t
Notary Public
y ', .LffiGA47NW
oFFICIALPIIaLICATION
- via 6 RQIC IWy&
M 4L Tadn777s IF TSE Crit GF 10.1 CITY, IM, No
TO om mm Nioulue:
. Six Mite Is homy 91m tMt IM City If
• Ioa city. Ion, nll mala a =TS, terYq m
U. Clty't FM foe mr state TFemlt Atsltterte
Sime h-a.s, to 4•um Y ,,'t'g sNminnWtrm�-
4q rmltel Itao fo- 1. city rrentt"A,'
Sea "llrat" Nll also lxh IS a Ilst4 a
"MS to 4 "I1m It, I, IM fmn SM. WA
n2sllmY.epl f7i m two h artab' 9
bve mp ymy b
tgtttl rods of I" city Tremlt.
Said p alc tarN .111 le Mla et 7:30
Oran a. 17®. N tfr Co I1 YLn[an. Ioe city .
C10, emir, p -
A Itft" Colftatlm NII tv m file et a
" 1, I", at IM JRQ TrLadrmtlm ple n
of Atlm o/flte, 33 cat Msn1r.¢m St., foe city,
Ppes[10 m fmORtN ty pertOe S -Um ". My
WIC lavhq Lata Will r. Nl I. Mf id lOtrlW
J= TrsnpQlatlm ,6 (314,76% d741.
Of Nie City Oa,t fo- M7 iter et ab enrt4q
if- o Cry l to taSd dl I. am NtItO t
Pro% q tle cur taFcn a uc city a I" city.
IYNta K. KAM, CM Clfaf
' Cr1Y IF MA Cry, MA '
71171 JIMMY 30,1711 -
3 q-4
V
RESOLUTION NO. SS -35
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE
IOWA DEPARTMENT OF TRANSPORTATION FOR FY89 IOWA DOT STATE
TRANSIT ASSISTANCE.
WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its
residents with a public transportation system, and
WHEREAS, the State of Iowa Department of Transportation offers financial
assistance to local governmental units for their public transportation
systems, and
WHEREAS, Iowa DOT administers the UMTA Section 9 program which offers
financial assistance to local governmental units for their public trans-
portation systems, and
WHEREAS, 2.9415% of formula State Transit Assistance is being applied for,
State Transit Assistance special project funding is being applied for in
the amount of $11,427, and UMTA Section 9 capital assistance is being
applied for in the amount of $277,200.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF THE CITY OF IOWA CITY, IOWA:
1. That the City Manager is to act as authorized signatory for the City
of Iowa City on all State Transit Assistance application documents,
2. That JCCOG is authorized to file and administer the application
package in behalf of the City of Iowa City, and
3. That the City Manager is authorized to sign contract documents with
the Iowa Department of Transportation.
It was moved by Strait and seconded by Horowitz the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Passed and approved this Sth
ATTEST: , ) •1"al,
CITY CLERK
Ambrisco
Courtney
Dickson
Horowitz
Larson
McDonald
Strait
day of Ma
MA OR
App ove as Norm
Legal Department
1988.
3 V-3-
RESOLUTION NO. 88.36
RESOLUTION AUTHORIZING AND APPROVING AN AMENDED 1988 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET.
WHEREAS, the City of Iowa City is the recipient of Community Development
Block Grant (CDBG) funds granted by the U.S. Department of Housing and
Urban Development (HUD) under Title I of the Housing and Community Devel-
opment Act of 1974, as amended; and
WHEREAS, on November 17, 1987, the City of Iowa City adopted Resolution
No. 87-286 authorizing filing of the 1988 CDBG Program Statement; and
WHEREAS, because of budget cuts directed by the Administration, Iowa City
will receive $16,000 less funding for a total of $584,000 of the 1988 CDBG
entitlement monies; and
WHEREAS, certain changes in specific COBB projects are necessary, as
outlined in the revised Budget Summary for the 1988 CDBG Program Year,
attached herewith as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That the amended 1988 Community Development Block Grant Program Budget, as
more particularly described in Exhibit A, is hereby authorized and ap-
proved.
It was moved by Courtney and seconded by Ambrisco
the Resolution be a op e , and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X COURTNEY
X DICKSON
X HOROWITZ
X LARSON
X MCDONALD
R STRAIT
Passed and approved this 8th day of Alnrch 1988.
u lYUH
/proved as to Form
ATTEST: 3
STV�R
LEGAL DEPARTMENT
35f�
4
EXHIBIT A
COMMUNITY DEVELJPMEIIT BLOCK GRANT
PROGRAM
REVISED BUDGET SUMMARY - 1988 PROGRAFI
YEAR
(2-24-38)
EXPENDITURES
11-17-87
2-24-88
I. Subrecipient Activities
Low Income Home Ownership Assistance
$10,000
510,000
II. Disposition
Disposition of Parcels in the Redevelopment
Area
3,000
3,000
II1. Public Works and Facilities
Benton Street Storm Drainage Project
245,000
245,000
IV. Public Services
Aid to Agencies
90,000
87,600
V. Rehabilitation
Housing Rehabilitation
300,000
300,000
Small Repair Program for Low Income Elderly
and Handicapped
4,000
4,000
Youth Services Facility Exterior Renovation
6,800
6,800
VI. Removal of Barriers to the Handicapped
Curo Ramp Installation
5,000
5,000
VII. General Administration
Program Administration
100,000
100,000
Planning and Program Development
8,000
8,000
Contingency
33,200
25,686
TOTAL
$805,000
$795,086
SOURCES OF FUNDS
1988 CDBG Entitlement (expected)
$600,000
$584,000
1987 CDBG Carryover and Income
60,000
66,006
1987 Benton Creek Drainage Project Carryover
145,000
145,000
TOTAL
$805,000
$795,086
3s�z
v
City of Iowa City
MEMORANDUM
Date: March 1, 1988
To: City Council and City Manager
From: 0 Marianne Milkman, CDBG Program Coordinator
Re: Revised 1988 CDBG Budget
The City has been notified by HUD that the 1988 CDBG entitlement allocation
o 5584,000. This is 516,000 less November than the best case budget approved by
slightly higher than anticipated carryoverfrom thel197 program.
197. The duction - 8aoffset by a
The revised 1988 CDBG budget, which is attached, shows the effect of the
reduction in funding. All changes are shown in bold figures.
There are two main changes in the budget:
1• The amount allocated to Aid to Agencies is reduced from $90,000 to
$87,600. This is because we can only allocate a maximum of 15
intentitlement fundsmeans$2,400
entitlement allocation
less forPublic Services % of the
c Services.
$16,000 reduction
2. The contingency fund has been reduced to $25,686, which is only 3% of the
budg
howeveret. I generally like to have at least a 5% contingency available;
, since we anticipate some income from the sale of Lower Ralston
Creek land this spring, the 3% contingency should be adequate tillthen.
CCN will review the revised budget at its March 8, 1988 meeting. Approval of
the Resolution on the Council agenda will permit us to forward the revised
budget to HUD, pp
bj2/1
35ye
�1"',
RESOLUTION NO. 38-37
RESOLUTION APPROVING AN AGREEMENT IJITH THE DOMESTIC VIOLENCE PROJECT
FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING.
WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants
Program which utilizes U.S. Department of Housing and Urban Development
funding for the purpose of providing shelter services for homeless people in
Iowa; and
WHEREAS, the City of Iowa City deems in the public interest to support serv-
ices for homeless people in Iowa City; and
WHEREAS, the Domestic Violence Project is an agency which provides emergency
shelter and related assistance to those who are homeless because of domestic
violence; and
WHEREAS, the Iowa State Department of Economic Development has agreed to make
Iowa Emergency Shelter Grants Program funding available to the City of Iowa
City for the support of the Domestic Violence Shelter and Emergency Housing
Shelter.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOIJA CITY, IOWA:
1. That the Agreement for Iowa Emergency Shelter Grants Program funding of
the Domestic Violence Project attached hereto, and made a part hereof,
is hereby approved as to form and content;
7.. That the Mayor is hereby authorized to execute and the City Clerk to
attest the said Agreement for Iowa Emergency Grants Program funding of
the Domestic Violence Project.
It was moved by Strait and seconded by Dickson
the Resolution be adopted, an upon ro call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
X Horowitz
X Larson
X McDonald
X_ Strait
Passed and approved this 8th day of march 1988.
Y �
OR
Approved as to Form
ATTEST: /C 'X Ile
MY_CLtKK Legal Department
1.
355
I
EMERGENCY SHELTER GRANTS PROGRAM AGREEMENT
This Emergency Shelter Grants Program Agreement was made and entered into on
the day of _l� )k P. ' kV
Iowa of
i y, Iowa, a municipa corpora ion '(herreinafterd referred between tto ashe tythe
Grantee), and the Domestic Violence Project (hereinafter referred to as
Provider) for the provision of related services and assistance to Grantee's
Contract No. 87 -ES -514 with the State of Iowa Department of Economic Develop-
ment.
1. The Grantee shall make available to Provider the sum amount of $12,500
in accordance with the terms and conditions of this contract, the grant
contract agreement between the State of Iowa and the Grantee, No.
87 -ES -514, attached hereto as Exhibit I, and in accordance to any subse-
quent provisions, requirements and assurances promulgated by the State
of Iowa that apply to said grant.Said subsequent requirements shall be
specifically incorporated herein. Failure to adhere to the above-men-
tioned requirements, provisions, and assurances shall cause this Agree-
ment to be terminated at the discretion of the Grantee or State. It is
agreed between the parties that this Agreement, with attachments, as
written, is the full and complete agreement between the parties.
2. The Grantee shall be obligated to provide said grant funds to Provider
only on the condition that said funds shall be available from the State
of Iowa. Failure of the Grantee to receive grant funds from the State
shall cause this agreement to be terminated.
3. The Provider, its officers, agents, and employees and assigns agree to
hold the Grantee and the State of Iowa harmless from any and all liabil-
ity, claims, damages and litigation arising from, or under the terms of
this Agreement.
4. This Agreement shall be binding upon the Grantee and Provider, and
neither shall assign or transfer its rights and responsibilities without
prior written consent of the other.
5. This Agreement shall be governed by the laws of the State of Iowa. In
the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall
not invalidate or render unenforceable any other provision hereof.
6. The terms and conditions of this Agreement may only be amended or sup-
plemented by written agreement of both parties and, when necessary, with
State concurrence. Such amendments include any deviation from the
Iowa -Grantee Program Schedule and Budget.
7. The Provider shall be responsible for and adhere to the following.
Non-compliance may be grounds for Grantee cancelling, terminating, or
suspending this contract.
&PT
I
A. The requirements of Title VIII of the Civil Rights Act of 1968, 42
U.S.C. 3601-19 and implementing regulations; Executive Order 1106.3
and implementing regulations at 24 CFR Part 107; and Title VI of the
Civil Rights Act of 1964 (q2 U.S.C. 2002d-1) and implementing regu-
lations issued at 24 CFR Part 1.
8. The prohibitions against discrimination on the basis of age under
the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and the
prohibitions against discrimination against handicapped individuals
under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794).
C. The requirements of Executive Order 11246 and the regulations issued
under the Order at 41 CFR Chapter 60.
0. The requirements of Section 3 of the dousing and Urban Development
Act of 1968, 12 U.S.C. 1701u.
E. The requirements of Executive Orders 11625, 12432, and 12138. Con-
sistent with responsibilities under these Orders, the Provider must
make efforts to encourage the use of minority and women's business
enterprises in connection with activities funded under this part.
During the term of this Agreement, and for three years thereafter,
Provider shall provide at the current Domestic Violence Shelter facil-
ity, assistance to individuals who are victims of domestic violence,
such assistance to include, but not be limited to, temporary shelter and
food, counseling and emotional support, and advocacy in referral to
community resources. Details of the services to be provided are outlined
in the Domestic Violence Project Program Information and Goals and
Objectives Statement for FY89.
As its ole
ion
Providers the ssumiOft$12,500eto this
used by eProvi Provider toasupportaitspshy
el -
ter services. $1,050 will be used to renovate the kitchen, and $1,750
to carpet portions of the Domestic Violence Shelter. Repair to the
electrical system will be completed with $2,000. $2,700 is to be used
to meet the shelter's expenses for gas and electric due and payable from
July to December, 1988. Water, sewage, and trash removal expenses are
to be paid with $1,200. $1,000 is to be used to purchase paper supplies,
and the remaining $2,800 will be used to pay the shelter's liability and
homeowners insurance premiums.
10. On or before the fifth day of each month during the term of this Agree-
ment, Provider will provide to Grantee a monthly status of funds report
describing the uses of funds received hereinunder.
11. On or before the fifth day of the month following the end of each con-
tract quarter, Provider will submit to Grantee a quarterly program
report and a quarterly performance report.
12. On or before January 20, 1989, Provider will provide to Grantee final
Performance and funds reports.
,355
13. During a period of three years following the term of this Agreement,
Provider will provide to the Grantee quarterly reports which will in-
clude statistics pertaining to the use of the shelter and a summary
accounting of Provider's fiscal status.
14. All payments to the Provider shall be subject to the receipt by Grantee
of a requisition for payment. The requisition shall be made, according
to a format specified by Grantee and accepted by Provider, not more
often than once per month and by the tenth day of the month. Such
requisition will clearly identify funds on hand, total expenditure and
match to date, and any amount classified as an advance. Any cash draws
requested shall be expended within 30 calendar days of receipt, or shall
be immediately returned to the Grantee.
15. Provider acknowledges that the program under which it is to receive the
funds provided herein is the Emergency Shelter Grants Program of the
State of Iowa, that the source of funding for this program is federal
monies, and that if the total of such payments exceeds $25,000 in a
given fiscal year, the Provider shall be deemed a secondary recipient of
federal monies. For every fiscal year (July 1 -June 30) in which it is a
secondary recipient of federal monies, Provider shall have an audit
performed according to the standards prescribed in the OMB Circular
A-110. A copy of such audit report and findings must be submitted to
the Controller of the Grantee within 120 days after the close of that
fiscal year.
16. Duly authorized representatives of the Grantee shall at all reasonable
times, have access to and the right to inspect, copy, audit, and examine
all financial books, records, and other documents of the Provider, and
to make site visits and survey participants in order to evaluate and
monitor the Provider's programs. No report or publication resulting
from any such inspection, audit, examination, site visit or survey shall
disclose the name or other identifying information concerning persons
using Provider's services. Site visits and participant surveys shall be
done only after consultation with Provider's director regarding meth-
ods.
17. The Grantee's sole responsibility hereinunder shall be to provide the
funds to Provider in accordance with the terms of this Agreement. Noth-
ing contained in this Agreement, nor any act to either Provider or the
Grantee, shall be deemed or construed by any of the parties, or by any
third persons, to create any relationship of third -party beneficiary,
employer and employee, principal and agent, or any association or other
relationship involving the Grantee. Further, neither the Grantee nor
direct officer,
r of
ectthemanneoyagent
hGrante
ror means bywhichtheProvishall authority
18. Provider will retain for a period of three (3) years from the completion
of this p
records, and call l other nrecordscpedrtainipngorton
nexpendr tures under tthis
Agreement.
Q%
W
M
4
19. The Provider shall comply with the environmental requirements contained
in 24 CFR 575, and related and necessary flood insurance provisions as
may be required under 24 CFR 575.59(g).
20. Project funds shall not be used directly or indirectly to employ, award
contract to, or oLherwise engage the services of, or fund any contractor
or subrecipient during any period of debarment, suspension or placement
in ineligibility status by the Department of Housing and Urban Develop-
ment pursuant to the provisions of 24 CFR Part 24, or pursuant to any
applicable law or regulation of the Department of Labor.
21. The construction or rehabilitation of residential structures with assis-
tance provided under this Contract is subject to the Lead -Based Paint
Poisoning Prevention Act (42 U.S.C. 4821-4846) as implemented through
regulations contained in 24 CFR Part 35.
22. The Grantee may terminate this Contract in whole, or in part, at any
time before the date of completion, whenever it is determined that the
Provider has failed to comply with the conditions of the Contract. The
Grantee shall promptly notify the Provider in writing of the determina-
tion and the reasons for the termination, together with the effective
date.
23. This contract may be terminated upon 30 -days written notice by either
party.
This agreement shall commence upon execution by the parties and shall termi-
nate on December 31, 1988, except as provided herein.
For th stic Violence Project
B L/
vider Chair
Attest:
cr tary re surer
Date: 301 N
For the City of Iowa City, Iowa
By: �&
//1Yyor
Attest:/j�j r(�a�
City CC erk
Date: 3/8/88
APPROVED A3 2 P M
LEO L DEPJd
A M NT
3ST
0
EXHIBIT I
RESOLUTION N0. 88-18
RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA STATE DEPARTMENT OF
ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM
SUPPLEMENTAL FUNDING.
WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants
Program which utilizes U.S. Department of Housing and Urban Development
funding for the purpose of providing shelter services for homeless people in
Iowa; and
WHEREAS, the City of Iowa City deems it in the public interest to support
services for homeless people in Iowa City; and
WHEREAS, the Iowa State Department of Economic Development has agreed to make
Iowa Emergency Shelter Grants Program supplemental funding available to the
City of Iowa City for the support of the Domestic Violence Shelter, and the
Emergency Housing Shelter.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
1. That the Agreement for Iowa Emergency Shelter Grants Program supplemental
funding attached hereto, and made a part hereof, is hereby approved as to
form and content;
2. That the Mayor is hereby authorized to execute and the City Clerk to
attest the said Agreement for Iowa Emergency Grants Program funding.
It was moved by CQ1tneyiand seconded by Strait the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x AMBRISCO
—� COURTNEY
X DICKSON
X_ HOROWITZ
X LARSON
—X MCDONALD
X_ STRAIT
Passed and approved this 26th day of January 1988.
F YO
ATTEST:
LITY CL
Elrod d A,)M &.d
my �eleu.:I--ptrl'"8nl
p-'--J-2ZF
FT'r.�
u
Issuing Agency:
Department of Economic Development
Grantee:
Iowa City, Iowa
Fiscal Summary Federal
Amount: $40,000
Contract Title:
Iowa Emergency Shelter Grants Program
Contract Number:
87 -ES -514
Grantee Total
$40,000 $80,000
Source Agency/Law: U.S. Department of Housing and Urban Development;
Homeless Housing Act of 1986
Type: Cost reimbursement
Effective Date: January 1, 1988
Submit requisitions to:
ESGP Financial Officer
Department of Economic Development
200 East Grand Ave.
Des Moines, IA 50309
Expiration Date: December 31, 1988
Issue payment to:
City of Iowa City
410 E. Washington
Iowa City, Iowa 52240
The Grantee agrees to perform all services set forth in the attached Special
Conditions, for the consideration stated herein. The rights and obligations of
the parties to this Contract shall be subject to and governed by the Special
Conditions and the General Conditions. To the extent of any inconsistency
between the Special Conditions or the General Conditions, and any specifications
or other conditions which are made a part of this Contract, by reference or
otherwise, the Special Conditions and the General Conditions shall control. To
the extent of any inconsistency between the Special Conditions and the General
Conditions, the Special Conditions shall control.
IN WITNESS THEREOF, the parties hereto have executed this Contract on the day
and year last specified below.
Grantee:
Iowa ity, Iowa
By: ,ti
John McDonald
Title: Mayor
Date: 1/26/88
Rnee(ued e; Approve -
By 7ha Lag2l r';p.,rimanl
PA6
Issuing Agency:
Departplent of Econ iqq c,Development
By ;L
pM/nnQ }IS \X1\I
PT
-Jr
-Allan T. Thoms, Director
late:
3656 56
City of Iowa City
Contract No. 87 -ES -514
Page 42
SPECIAL CONDITIONS
Article 1.0 Identification of Parties. This contract is entered into by and
between the Department o conomic Development, (hereafter referred to as
Planning Agency) and the City of Iowa City (hereafter referred to as Grantee).
Article 2.0 Statement of Purpose
WHEREAS, Iowa's cities need to improve the quality of existing emergency
shelters for the homeless; and
WHEREAS, the Emergency Shelter Grants Program has been created by Congress
to lessen this problem; and
WHEREAS, the Planning Agency has been designated to administer the
Emergency Shelter Grants Program in Iowa; and
WHEREAS, the Grantee has the necessary ability to develop and carry out
emergency shelter activities, and has been approved for funding;
THEREFORE, the parties hereto do agree as follows:
Article 3.0 Area Covered. The Grantee shall perform all the work and services
required under t is�ontract in relation to providing emergency shelter
assistance to: the Domestic Violence Project and the Emergency Housing Project.
Article 4.0 Statement of Work andSeryice s. The Grantee shall perform in a
satisfactory ani proper manner, as et�'e ned by the Planning Agency, the work
activities and services as written and described ;n the approved grant proposal
as summarized in the Grantee's approved 1987 Emergency Shelter Grants Program
Schedule. This Program Schedule is hereby made a part of this Contract by
reference.
Article 5.0 Reports and Products. The Grantee shall submit the following
reports:
Report
Quarterly Performance Report
Monthly Status of Funds Report
Final Performance/Funds Re ort
P
Audit Report
Due Date
10th of the month following the end
of each Contract quarter (original
and one copy)
10th of every month after initial draw,
whether or not requesting funds (original
and three copies)
Within 30 days of Contract Completion
In accordance with Single Audit Act
of 1984
35"5'
City of Iowa City
Contract No. 87 -ES -514
Page =3
The Planning Agency reserves the right to require more frequent submission of
the reports than as shown above if, in the opinion of the Planning Agency, more
frequent submissions would help improve Grantee's Emergency Shelter Grants
Program.
Article 6.0 Designation of Officials.
6.1 Planning Agency - The Director of the Department of Economic
Development, or his designee, is the Planning Agency official
authorized to execute or negotiate any changes in the terms,
conditions, or amounts specified in this Contract.
6.2 Grantee - The Mayor is the Grantee official authorized to execute any
changes in the terms, conditions, or amounts specified in this
Contract. The Human Services Coordinator is designated to negotiate,
on behalf of the Grantee, any changes to this Contract.
Article 7.0 Time of Performance. The services of the Grantee are to commence
as of the 1st--d—ay 7anua—ry, 1188 and shall be undertaken in such sequence as
to assure their expeditious completion. All of the services required hereunder
shall be completed on or before December 31, 1988.
Article 8.0 Additional Special Conditions.
8.1 Audit�Re u_i_rem�ents. Grantee audits shall be conducted in accordance
wit t� Fi�ingle Audit Act of 1984, P.L. 98-502 as implemented by OMB
Circular Number A-128 and the GAO publication "Standards for Audit of
Governmental Organizations, Programs, Activities and Functions."
8.2 Performance of Conditions Precedent. The Grantee certifies that it
as satisfied all oonditions precedent to the award of the Contract.
8.3 Com liance with Environmental Re uirements. Funds shall not be
re ease un er t s antract unti t e Grantee has satisfied the
environmental requirements set forth in 24 CFR Part 575, "Emergency
Shelter Grants Program".
8.4 Administration. The Contract shall be administered in accordance with
apteLF—d, Fowa Administrative Code and all applicable State and
Federal law and regulations.
8.5 Local Effort Requirements.
8.5.1 Cash. The Grantee agrees to provide local cash contribution
To—the Project as defined in Article 10.0 and the Program
Schedule. The Grantee shall provide local cash contribution
in one of two ways: a) In the same federal to local funds
ratio as shown in Article 10.0, Project Budget; or b) In the
ratio of 50% federal and 50% local funds. Whichever of the
two ratios is chosen, it must be maintained on a monthly
basis, until all federal funds are fully expended or until
the project is completed. Expenditures above this level,
necessary to complete the statement of work and services,
City of Iowa City
Contract No. 87 -ES -514
Page a4
shall be paid with local funds. Quarterly reports of the
local funds expended shall be included in the quarterly
performance reports required under Article 5.0.
8.5.2 In-kind. If the Grantee has agreed to provide in-kind
contributions as a part of the approved grant proposal, then
said in-kind contributions shall be as shown in the approved
grant proposal and summarized as part of the Program
Schedule.
8.6 Prior Costs. If the Grantee has received written approval from the
P anning gency to incur certain costs prior to the effective date of
this Contract, then said written approval and the terms and conditions
therein are incorporated herein and made a part of this Contract by
this reference as if fully set forth. Any such costs incurred prior
to the effective date of this Contract are subject to the Special
Conditions and General Conditions of this Contract.
8.7 Failure to Achieve Performance Tar eq. In the event that the Grantee
oes not ac leve t e per ormance targets specified in the Program
Schedule, then federal funds awarded will be subject to disallowance.
The maximum percentage of federal funds which may be disallowed due to
failure to achieve performance targets will be equal to the percentage
of the performance targets not achieved.
Article 9.0 Conditions of Payment
9.1 Maximum Payments. It is expressly understood and agreed that the
maximum amounts to be paid to the Grantee by the Planning Agency for
any item of work or service shall conform to the budget under Article
10.0 subject to Section 4.0 herein. It is further understood and
agreed that the total of all payments to the Grantee by the Planning
Agency for all work and services required under this Contract shall
not exceed forty thousand dollars ($40,000) unless modified by written
amendment of this Contract as provided in Section 1.0 of the General
Conditions,
9.2 Re uisition for Pa ment. All payments to the Grantee shall be subject
to t e receipt y tre tanning Agency of a requisition for payment.
The requisition shall be made according to the format specified by the
Planning Agency and accepted by the Agency not more often than once
per month as required in Article 5.0. Such requisition will clearly
identify program funds on hand, total expenditure and match to date,
and drawsny amount requestedcshallfbedas expendednce per 24 CFR within 30 calendar63. Ancash
days of receipt,
shallor
withthe requirementstofthe
24 CFRn5759639enTheimmediately
gencycreserves
the right to withhold funds until it has reviewed and approved all
material, such as permits or licenses from other state or federal
agencies, which may be required prior to project commencement.
9.3 Recei t of Federal Funds. All payments hereunder shall be subject to
t e rece pt o e era grant funds by the Planning Agency. The
City of Iowa City
Contract No. 87 -ES -514
Page d5
termination, reduction,
or delay of federal
grant funds to the
Planning Agency shall,
at the option of the
Planning Agency,
be
reflected in a corresponding modification to the conditions
of this
Contract.
Article 10.0 Project Budget
ESGP
GRANTEE
TOTAL
Act. 1 -
Renovation/Rehabilitation
$12,600
$12,600
Act. 2 -
Essential Services
$ 6,000
-
S 6,000
Act. 3 -
M,O,I,U, and F.
821,400
840,000
861,400
Act. 4
Other
-
TOTALS
840,000
840,000
$80,000
Y
355
City of Iowa City
Contract No. 87 -ES -514
GENERAL CONDITIONS
IOWA EMERGENCY SHELTER GRANTS PROGRAM
Section 1.0 Amendment of this Document
The Planning Agency or the Grantee may, during the duration of this
Contract, deem it necessary to make alterations to the provisions of this
Contract. Any changes to the Special and/or General Conditions of this
Contract, which are approved by the Planning Agency, shall be incorporated
herein. The provisions of the amendment shall be in effect as of the date of
the amendment unless otherwise specified within the amendment. A waiver of any
condition of this contract must be in writing from the duly authorized official
of the Planning Agency specified in Article 6.1 of the Special Conditions.
Section 2.0 Patent and Copyright
No material or product produced in whole or in part under this Contract
shall be subject to patent or copyright by the Grantee in the United States or
in any other country.
Section 3.0 Accounts and Records
3.1 Accounts - The Grantee shall maintain books, records, documents, and
other evidence pertaining to all costs and expenses incurred and revenues
received under this Contract to the extent and in such detail as will properly
reflect all costs, direct and indirect, of labor, materials, equipment,
supplies, services, and other costs and expenses of whatever nature, for which
payment is claimed under this Contract, as specified in Chapter 24.12, Iowa
Administrative Code and OMB Circular A-102.
3.2 Audit and Inspection - At any time during normal business hours and as
frequently as is deemed necessary, the Grantee shall make available to the
Planning Agency, the State Auditor, the General Accounting Office, and the
Department of Housing and Urban Development, for their examination, all of its
records pertaining to all matters covered by this Contract and permit these
agencies to audit, examine, make excerpts or transcripts from such records,
contract, invoices, payrolls, personnel records, conditions of employment, and
all other matters covered by this Contract.
3.3 Audit Policy - Audits shall be performed in accordance with the Single
Audit Act of 1984, P.L. 98-502 as implemented by OMB Circular Number A-128 and
the GAO publication "Standards for Audit of Governmental Organizations,
Programs, Activities and Functions".
3,4 Retention of Records - All records in the possession of the Grantee
pertaining to this Contract shall be retained by the Grantee for a period of
three (3) years beginning with the date upon which the final payment under this
Contract is issued, All records shall be retained beyond the three year period
if audit findings have not been resolved within that period. Records for
non -expendable property acquired under this Contract shall be retained for a
three (3) year period after the final disposition of property. Additional
records shall be retained in accordance with Chapter 24, Iowa Administrative
Code.
Section 4.0 Allowable Costs
4.1 Allowable costs are specified under the approved budget presented in
the Special Conditions of this Contract. Allowable costs in contracts with
state and local government are subject to audit under the principles defined in
OMB Circulars A-87 and A-102 where all or any part of contract funds are
obtained from the federal government. Allowable costs in contracts with private
nonprofit organizations are subject to audit under the principles defined in OMB
Circulars A-110 and A-122 where all or any part of contract funds are obtained
from the federal government.
4.2 Budget Revisions - Budget revisions which will result in changes of
budgeted line -item amounts in excess of 10% shall be subject to approval of the
Planning Agency through formal amendment to this Contract. The Planning Agency
will require an amendment for a budget line -item decrease when the revision
would lower the Grantee's performance targets, as described in the Program
Schedule in the Contract. In no instance shall a budget revision result in
total costs exceeding the total contract amount, unless otherwise provided
through amendment to this Contract. Budget revisions shall be compatible with
the Contract statement of work and services and of such nature as to qualify as
an allowable cost. Budget revision amendments requested during the final 90
days of the Contract period will be approved only if the Planning Agency
determines that such revisions are necessary to complete the Contract work
activities.
Section 5.0 Suspension and Termination of Contract
5.1 Suspension - If the Grantee fails to comply with the special condi-
tions and/or the general terms and conditions of this Contract, the Planning
Agency may, after notice to the Grantee, suspend the Contract and withhold
further payments or prohibit the Grantee from incurring additional obligations
of Contract funds, pending corrective action by the Grantee or a decision to
terminate in accordance with provisions 5.2 or 5.3 hereof. The Planning Agency
may determine to allow such necessary and proper costs which the Grantee could
not reasonably avoid during the period of suspension provided such costs meet
the provisions of HUD regulations issued pursuant to Office of Management and
Budget Circular No. A-87.
5.2 Termination for Cause - The Planning Agency may terminate this
Contract in whole, or in part, at any time before the date of completion,
whenever it is determined that the Grantee has failed to comply with the
conditions of the Contract. The Planning Agency shall promptly notify the
Grantee in writing of the determination and the reasons for the termination,
together with the effective date. Payments made to Grantee or recoveries by the
Planning Agency under Contracts terminated for cause shall be in accord with the
legal rights and liabilities of the parties. Payments and recoveries may
include, but are not limited to the following: Payments will be allowed for
costs determined to be in compliance with this Contract up to the date of
termination, based on accepted close-outs and audits. The Grantee shall return
to the Planning Agency all unencumbered funds within one week of notice of
termination. Further, any costs previously paid by the Planning Agency which
are subsequently determined to be unallowable through audit and close-out
procedures, shall be returned to the Planning Agency within thirty (30) days of
such determination.
5.3 Te
- The
Aency or
may
or
ntee
terminate Contractsoi�nfwhole,vor1incpart, when aboth9parties agreeathat the
continuation of the project would not produce beneficial results commensurate
with the future expenditure of funds. The two parties shall agree upon the
termination conditions, including the effective date and, in the case of partial
terminations, the portion to be terminated. The Grantee shall not incur new
obligations for the terminated portion after the effective date, and shall
cancel as many outstanding obligations as possible. The Planning Agency shall
allow full credit to the Grantee for the Planning Agency share of the
noncancellable obligations, properly incurred by the Grantee prior to
termination.
5.4 Rights in Incompleted Products - In the event the Contract is
terminated, all finished or unfinished documents, data, reports or other
material prepared by the Grantee under this Contract shall, at the option of the
Planning Agency, become its property, and the Grantee shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents and other materials.
Section 6.0 Civil Rights Provisions
The grantee shall be responsible for and adhere to the requirements of;
6.1 The requirements of Title VIII of the Civil Rights Act of 1968, 42
U.S.C. 3601-19 and implementing regulations; Executive Order 11063 and
implementing regulations at 24 CFR Part 107; and Title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2002d-1) and implementing regulations issued at 24 CFR
Part 1.
6.2 The prohibitions against discrimination on the basis of age under the
Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against
discrimination against handicapped individuals under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
6.3 The requirements of Executive Order 11246 and the regulations issued
under the Order at 41 CFR Chapter 60.
6.4 The requirements of section 3 of the Housing and Urban Development Act
of 1968, 12 U.S.C. 1701u.
6.5 The requirements of Executive Orders 11625, 12432, and 12138.
Consistent with responsibilities under these Orders, the grantee must make
efforts to encourage the use of minority and women's business enterprises in
connection with activities funded under this part.
6.6 Noncompliance with the Civil Rights Laws - In the event of the
Grantee's noncompliance with the nondiscrimination clauses of this contract or
with any of the aforesaid rules, regulations, or requests, this contract may be
canceled, terminated, or suspended either wholly or in part. In addition, the
State of nvokin
additionalowa may remediesake further as providedabyithe IowasCivilther RightsnActons and of 19651(Chapter
601A, Code of Iowa, 1987) or as otherwise provided by law.
6.7 The
every subcontract nunless lexempt uby the States
ofnIowa,de the proviios ofSand saidections5provisions willin
be binding on each subcontractor. The Grantee will take such action with
respect to any subcontract as the State of Iowa may direct as a means of
enforcing such provisions including sanctions for noncompliance. In the event
the Grantee becomes involved in or is threatened by litigation with a
subcontractor or vendor as a result of such direction by the State of Iowa, the
Grantee may request the State of Iowa to enter into such litigation to protect
the interests of the State of Iowa.
Section 7.0 Interest of Plannin A enc Grantee. Officials and Others
7.1
ning
O officer, member,
Agency and pnonmembers eOfyits Ngoverning body, and onoeotherepublichofficial nof the
governing body of the locality or localities in which the project is situated or
or being carried out who exercises any functions or responsibilities in the review
participate in any decf the isionsnrelatingor rtonthistof this Contract whichcaffecall personal
which ehe st is directly r the rortindirectlyof any rinterestedporthavehah� or association in
interest, direct or indirect, in this Contract or the proceedsothereof.
financial
of the 7.2 Grantee - The Grantee covenants that no official, employee, or agent
Grantee
directpors
indirect, whichawouldeconflict inaanynot
manner or degree with the performance of services required to be performed under
this Contract. The Grantee further covenants that in the performance of this
Contract no person having any such personal or financial interest shall be
employed.
7.3
Public OfficialscAct"f shallebe adheredeto6by,te- ranof teeWaits9Officialsland
employees. In addition, the specific requirements of 24 CFR 575.59(e) do -herein
apply.
7.4 Political Activity - No portion of program funds shall be used for any
partisan political activity or to further the election or defeat of any
candidate for public office. Neither the program nor the funds provided
therefore, nor the personnel employed in the administration of this Contract,
shall be in any way or to any extent, engaged in the conduct of political
activities in contravention of The Hatch Act (5 USC Chapter 15).
7.5 Bonus or Commission - No payment of any bonus or commission shall be
made for the purpose of obtaining State approval of the application for such
assistance, or State approval of applications for additional assistance, or any
other approval or concurrence of the State required under this Contract, Title I
of the Housing and Community Development Act of 1974 as amended, or HUD
regulations or State rules with respect herewith; provided, however, that
reasonable fees for bona fide technical, consultant, managerial or other such
services, other than actual solicitation, are not hereby prohibited if otherwise
eligible as program costs.
355
Section 8.0 Assignment of Interest
Neither this Contract or any financial interest therein nor claim there-
under shall be assigned or transferred by the Grantee to any other party or
parties.
Section 9.0 Personnel
9.1 Selection - The Grantee represents that he has, or will secure, all
personnel required in performing the work and services under this Contract.
Such personnel shall not be employees of or have any contractual relationship
with the Planning Agency.
9.2 Qualification - All of the work and services required hereunder will
be performed by the Grantee or under his supervision and all personnel engaged
in the work shall be fully qualified and shall be authorized under state and
local law to perform such services.
Section 10.0 Environmental and Flood Insurance Requirements
10.1 The Grantee shall comply with the environmental requirements
contained in 24 CFR 575, and related and necessary flood insurance provisions as
may be required under 24 CFR 575.59(g).
Section 11.0 Contractors and Subrecipients Limited
Project funds shall not be used directly or indirectly to employ, award
contracts to, or otherwise engage the services of, or fund any contractor or
subrecipient during any period of debarment, suspension or placement in ineligi-
bility status by the Department of Housing and Urban Development pursuant to the
provisions of 24 CFR Part 24, or pursuant to any applicable law or regulations
of the Department of Labor.
Section 12.0 Lead -Based Paint
The construction or rehabilitation of residential structures with assist-
ance provided under this Contract is subject to the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. 4821-4846) as implemented through regulations
contained in 24 CFR Part 35.
Section 13.0 Contract Coverage
This instrument, and any referenced attachments hereto or documents
referred to herein, contains the entire agreement between the parties and any
statements, inducements or promises not contained herein shall not be binding
upon said parties. This Contract shall be binding upon the successors in office
of the respective parties.
If any of the provisions herein shall be in conflict with the laws of the
State of Iowa, or shall be declared to be invalid by any court of record of this
state, such invalidity shall be construed to affect only such portions as are
declared invalid or in conflict with the law and such remaining portion or
portions of the agreement shall remain in effect and shall be construed as if
such invalid or conflicting portion of such agreement were not contained herein.
w
Section 14.0 Litigation
The Grantee agrees to pay the cost of any litigation arising from failure
of the Grantee to comply with the rules and regulations in this Contract or
resulting from the negligence or incompetence of the Grantee. In carrying out
the provisions of the Contract or in exercising any power or authority granted
to the Grantee thereby, there shall be no liability, personal or otherwise, upon
the Planning Agency, it being understood that in such matters the Planning
Agency acts for the State. Furthermore, the Grantee shall indemnify and save
harmless the State from suits, actions or claims of any character brought for or
on account of any injuries or damages received by any person or property
resulting from operations of the Grantee or any persons working under him,
carrying out the terms of this Contract.
Section 15.0 Resolution of Disagreement
In the event of any disagreement between the Grantee and the Planning
Agency relating to the technical competence of the work and services being
performed and its conformity to the requirements of this Contract, the decisions
of the Planning Agency shall prevail.
Section 16.0 Financial Obligation of the State of Iowa
The Parties hereto agree that the rules and regulations in the Emergency
Shelter Grants Program Contract between the State of Iowa and the Department of
Housing and Urban Development shall be and are hereby made a part of this
Contract. It is further agreed that the State of Iowa shall not, under any
circumstances, be obligated financially under this Contract, except to pay
according to the terms of this Contract.
REVISED
ATTACHMENT 8 - $40,000 COMBINED REQUEST
IOWA EMERGENCY SHELTER GRANTS PROGRAM(Supplemental) Applicant City of Iowa City
Ia. Dept. of Economic Development
200 E Grand Ave. Address 410 E. Washington St Iowa Ci n IA 52?a
Des Moines, Iowa 50309 "Homeless Agency" Domestic Violence Project = DUp
- PROPOSED BUDGET SUMMARY - Emergency Housing Project = EHP
PROJECT DESCRIPTION
Activity 1: Renovation and Rehabilitation
Renovate kitchens of DVP & EHP.
Repair electrical system at DVP.
Carpet needed areas at DVP.
Renovate basement heating system at EHP.
Activity 2: Essential Services
Hire day -time staff for ENP.
SPECIFIC PERFORMANCE
TARGETS
PROPOSED BUDGET
ESGP
Improve ventilation & lighting of DVP
kitchen. Add counter space & cabinet
space of EHP kitchen. Repair electri- 12,600
cal fixtures & connectors at DVP. Re-
place/add carpet to hallway &-6edroam
at DVP. Install radiant heat in EHP
basement. —
Hire part-time staff (20 hours/week)
to assist clients during da time hour
with referrals, housing arrangements, 61000
and information.
licanq Agency I Total
12,600
6,000
Activity 3 Maintenance, Operation, Insurance, Pay gas & electric bills for lof
lf
Utilities, Furnishings — — Jul.-Dec.,1988. Pay insurance
Gas & electric payments for DVP & EHP for 6 mo. for DVP & EHP. Pay water, sew21 400
Insurance payments for DVP & EHP. Payment for trash bills: DVP-1988, I. c.'
40,000 61,400
water, sewage & trash removal for: DVP-12 mo. 1988. Pay for -NP paper produ
and EHP-6 mo. Pay for paper supplies for OVP. For EHP purchase: table & cha
Purchase fucnishings & appliances for EHP. c0ucFees,cribs,dressers,chairsg
Support operational services through vTnteer cots,beds,office desk & chair
hours (4,540 at DVP & 1,000 at EHP) and church cabinet washer & dryer stove
Activity 4 Other !n 2 n__@ .ay.__un ng -- re rigera ors, upport a aspf*, FHP. ongoing agency operations at DE
N/A
N/A
N/A N/A N/A I N/A
PROGRAM TOTAL $ 80,000
REVISED - $40,000 COMBINED REQUEST
ESGP: Supplemental Appropriation Applicant City of Iowa City
la Dept. of Economic Development Address 410 E. Washington St., Iowa City, IA 52240
DVP = Domestic Violence Project PROPOSED PROGRAM SCHEDULE -
EHP = Emergency Housing Project
35-5
1st Qtr
2nd Qtr
3rd Qtr
4th Qtr
Activity 1: Rehabilitation
Jan
F
M
A
M
J
J
A
S
0
H
0
Milestones-DVP-
1. Take kitchen renovation bids.
X
2. Renovate kitchen.
X
X
3. Take bids to repair electrical system.
X
4. Repair electrical system
X
X
5. Take bids for carpeting.
X
6. Carpeting installed.
X
X
EHP- 7. Take kitchen renovation bids.
X
8. Renovate kitchen.
X
X
X
9. E90Aids to renovate basement heating
X
10. Renovate basement heating system.
I
X
Activity 2: Essential Services
Milestones- EHP -
1. Advertise position.
X
2. Hire person to fill position.
X
3. Provide 20 hours/week daytime staffing.
X
X
X
X
X
X
X
X
X
X
1,
5.
Activity 3: Maint, Opers.,Ins., Utils., Furn's.
Milestones- Both DVP & EHP.
1. Payment of gas & electric bills.
X
X
X
X
X
X
2. Payment of insurance premiums.
X
X
X
Ix
X
3. Provision of operational services.
X
X
X
X
X
X
X
X
X
X
X
X
DVP-4. Payment for paper supplies.
X
X
X
5. Payment of water,sewage & trash removal.
X
X
X
X
X
X
EHP-6. Purchase furnishings.
X
X
7. Payment of water,sewage & trash removal.
X
X
X
B. Purchase appliances.
X
X
Activity 4: Other
i estones-
1.
2.
3.
4.
5.
35-5
RESOLUTION MO. 88-58
RESOLUTION APPROVING AN AGREEMENT 141TH THE EMERGENCY HOUSING PROJECT
FOR I014A EMERGENCY SHELTER GRANTS PROGRAM FUNDING.
WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants
Program which utilizes U.S. Department of Housing and Urban Development
funding for the purpose of providing shelter services for homeless people in
Iowa; and
WHEREAS, the City of Iowa City deems in the public interest to support serv-
ices for homeless people in Iowa City; and
WHEREAS, the Emergency Housing Project is an agency which provides emergency
shelter and related assistance to homeless individuals; and
WHEREAS, the Iowa State Department of Economic Development has agreed to make
Iowa Emergency Shelter Grants Program funding available to the City of Iowa
City for the support of the Domestic Violence Shelter and the Emergency
Housing Shelter.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
I. That the Agreement for Iowa Emergency Shelter Grants Program funding of
the Emergency Housing Project attached hereto, and made a part hereof,
is hereby approved as to form and content;
2. That the Mayor is hereby authorized to execute and the City Clerk to
attest the said Agreement for Iowa Emergency Grants Program funding of
the Emergency Housing Project.
It was moved by Strait and seconded by Dickson
the Resolution be adopted, and upon-77T—call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
X Horowitz
X Larson
X McDonald
—.L` _ Strait
Passed and approved this 8th day of March 1988.
U
�Cei �Gy�t �i
�j J Approved as to Form
ATTEST:
ego i5 "men n SS
ZT1' epar men
Agin
EMERGENCY SHELTER GRANTS PROGRAM AGREEMENT
This Emergency Shelter Grants Program Agreement was made and entered into on
the C,? y day of yyJ 2 1988, by and between the City of
Iowa it Iowa, a m—un cci`pa corporation (hereinafter referred to as the
Grantee) and the Emergency Housing Project (hereinafter referred to as
Provider) for the provision of related services and assistance to Grantee's
Contract No. 87 -ES -514 with the State of Iowa Department of Economic Develop-
ment.
1. The Grantee shall make available to Provider the sum amount of $27,500
in accordance with the terms and conditions of this contract, the grant
contract agreement between the State of Iowa and the Grantee, No.
87 -ES -514, attached hereto as Exhibit I, and in accordance to any subse-
quent provisions, requirements and assurances promulgated by the State
of Iowa that apply to said grant. Said subsequent requirements shall be
specifically incorporated herein. Failure to adhere to the above-men-
tioned requirements, provisions, and assurances shall cause this Agree-
ment to be terminated at the discretion of the Grantee or State. It is
agreed between the parties that this Agreement, with attachments, as
written, is the full and complete agreement between the parties.
2. The Grantee shall be obligated to provide said grant funds to Provider
only on the condition that said funds shall be available from the State
of Iowa. Failure of the Grantee to receive grant funds from the State
shall cause this agreement to be terminated.
3. The Provider, its officers, agents, and employees and assigns agree to
hold the Grantee and the State of Iowa harmless from any and all liabil-
ity, claims, damages and litigation arising from, or under the terms of
this Agreement.
4. This Agreement shall be binding upon the Grantee and Provider, and
neither shall assign or transfer its rights and responsibilities without
prior written consent of the other.
5. This Agreement shall be governed by the laws of the State of Iowa. In
the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall
not invalidate or render unenforceable any other provision hereof.
6. The terms and conditions of this Agreement may only be amended or sup-
plemented by written agreement of both parties and, when necessary, with
State concurrence. Such amendments include any deviation from the
Iowa -Grantee Program Schedule and Budget.
7. The Provider shall be responsible for and adhere to the following.
Non-compliance may be grounds for Grantee cancelling, terminating, or
suspending this contract.
M
N. The requirements of Title VIII of the Civil Rights Act of 1968, 42
U.S.C. 3601-19 and implementing regulations; Executive Order 11063
and implementing regulations at 24 CFR Part 107; and Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2002d-1) and implementing regu-
lations issued at 24 CFR Part 1.
B. The prohibitions against discrimination on the basis of age under
the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and the
prohibitions against discrimination against handicapped individuals
under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794).
C. The requirements of Executive Order 11246 and the regulations issued
under the Order at 41 CFR Chapter 60.
D. The requirements of Section 3 of the Housing and Urban Development
Act of 1968, 12 U.S.C. 1701u.
E. The requirements Of Executive Orders 11625, 12432, and 12138. Con-
sistent with responsibilities under these Orders, the Provider must
make efforts to encourage the use of minority and women's business
enterprises in connection with activities funded under this part.
During the
Provider shall rprovide assistance eto individuals for twho earee homelesseatyars tthe
Emergency Housing Shelter at 331 N. Gilbert Street, Iowa City, Iowa.
Such assistance will include, but not be limited to, temporary shelter
and food, advocacy and referral. Details of the services to be provided
are outlined in the Emergency Housing Project Information and Goals and
Objectives Statement for 1988.
As its sole obligation under this Agreement, the Grantee shall pay to
Provider the sum of $27,500 to be used by Provider to support its shel-
ter services. $2,000 is to be used only to meet its expenses for gas
and electric, water, sewage and trash removal due and payable from July
to December, 1988. $6,000 is to be used for wages, taxes and benefits
for part-time day time staff, a new position which will provide a new
service at the Shelter. Furniture will be purchased with $6,200, appli-
ances with $4,500, and $1,000 will be used to meet the expenses of
insurance. The remaining $7,800 will be used to rehabilitate the
kitchen ($3,800) and the basement heating system ($4,000) at the shel-
ter.
10. On or before the fifth day of each month during the term of this Agree-
ment, Provider will provide to Grantee a monthly status of funds report
describing the uses of funds received hereinunder.
11. On or before the fifth day of the month following the end of each con-
tract quarter, Provider will submit to Grantee a quarterly program
report and a quarterly performance report.
12. On or before January 20, 1989, Provider will provide to Grantee final
performance and funds reports.
rM.
M
13. During a period of three years following the term of this Agreement,
Provider will provide to the Grantee quarterly reports which will in-
clude statistics pertaining to the use of the shelter and a summary
accounting of Provider's fiscal status.
14. All payments to the Provider shall be subject to the receipt by Grantee
of a requisition for payment. The requisition shall be made, according
to a format specified by Grantee and accepted by Provider, not more
often than once per month and by the tenth day of the month. Such
requisition will clearly identify funds on hand, total expenditure and
match to date, and any amount classified as an advance. Any cash draws
requested shall be expended within 30 calendar days of receipt, or shall
be immediately returned to the Grantee.
15. Provider acknowledges that the program under which it is to receive the
funds provided herein is the Emergency Shelter Grants Program of the
State of Iowa, that the source of funding for this program is federal
monies, and that if the total of such payments exceeds $25,000 in a
given fiscal year, the Provider shall be deemed a secondary recipient of
federal monies. For every fiscal year (July I -June 30) in which it is a
secondary recipient of federal monies, Provider shall have an audit
performed according to the standards prescribed in the OMB Circular
A-110. A copy of such audit report and findings must be submitted to
the Controller of the Grantee within 120 days after the close of that
fiscal year.
16. Duly authorized representatives of the Grantee shall at all reasonable
times, have access to and the right to inspect, copy, audit, and examine
all financial books, records, and other documents of the Provider, and
to make site visits and survey participants in order to evaluate and
monitor the Provider's programs. No report or publication resulting
from any such inspection, audit, examination, site visit or survey shall
disclose the name or other identifying information concerning persons
using Provider's services. Site visits and participant surveys shall be
done only after consultation with Provider's director regarding meth-
ods.
17. The Grantee's sole responsibility hereinunder shall be to provide the
funds to Provider in accordance with the terms of this Agreement. Noth-
ing contained in this Agreement, nor any act to either Provider or the
Grantee, shall be deemed or construed by any of the parties, or by any
third persons, to create any relationship of third -party beneficiary,
employer and employee, principal and agent, or any association or other
relationship involving the Grantee. Further, neither the Grantee nor
any officer, employee, or agent of the Grantee shall have authority to
direct the manner or means by which the Provider conducts its activi-
ties.
18. Provider will retain for a period of three (3) years from the completion
of this project all financial records, supporting documents, statistical
records, and all other records pertaining to expenditures under this
Agreement.
35(p
4
19. The Provider shall comply with the environmental requirements contained
in 24 CFR 575, and related and necessary flood insurance provisions as
may be required under 24 CFR 575.59(g).
20. Project funds shall not be used directly or indirectly to employ, award
contract to, or otherwise engage the services of, or fund any contractor
or subrecipient during any period of debarment, suspension or placement
in ineligibility status by the Department of Housing and Urban Develop-
ment pursuant to the provisions of 24 CFR Part 24, or pursuant to any
applicable law or regulation of the Department of Labor.
21. The construction or rehabilitation of residential structures with assis-
tance provided under this Contract is subject to the Lead -Based Paint
Poisoning Prevention Act (42 U.S.C. 4821-4846) as implemented through
regulations contained in 24 CFR Part 35.
22. The Grantee may terminate this Contract in whole, or in part, at any
time before the date of completion, whenever it is determined that the
Provider has failed to comply with the conditions of the Contract. The
Grantee shall promptly notify the Provider in writing of the determina-
tion and the reasons for the termination, together with the effective
date.
23. This contract may be terminated upon 30 -days written notice by either
party.
This agreement shall commence upon execution by the parties and shall termi-
nate on December 31, 1988, except as provided herein.
For the Emergency Housing Project For the City of Iowa City, Iowa
By • 4?".re3
Provider Chair
Attest:
Secretary Treasurer
Date: , J —2d'—,SS-
u
By
yh1 yor
Attest:
Cit erk �ziJ
Date: 3/8/88
APPR ED
l
A yF�RM
LE AL DEPARTMENT
351
EXHIBIT I
RESOLUTION NO. 88_16
RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA STATE DEPARTMENT OF
ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM
SUPPLEMENTAL FUNDING.
WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants
Program which utilizes U.S. Department of Housing and Urban Development
funding for the purpose of providing shelter services for homeless people in
Iowa; and
WHEREAS, the City of Iowa City deems it in the public interest to support
services for homeless people in Iowa City; and
WHEREAS, the Iowa State Department of Economic Development has agreed to make
Iowa Emergency Shelter Grants Program supplemental funding available to the
City of Iowa City for the support of the Domestic Violence Shelter, and the
Emergency Housing Shelter.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
I. That the Agreement for Iowa Emergency Shelter Grants Program supplemental
funding attached hereto, and made a part hereof, is hereby approved as to
form and content;
2. That the Mayor is hereby authorized to execute and the City Clerk to
attest the said Agreement for Iowa Emergency Grants Program funding.
It was moved by Courtney and seconded b
Resolution be adopted, and upon ro call there were; Strait the
AYES:
NAYS: ABSENT:
X AMBRISCO
_X
COURTNEY
X
_
DICKSON
— x—
HOROWITZ
X
LARSON
MCDONALD
STRAIT
Passed and approved this 26th day o
ATTEST:
January 1988.
�
� $
4yAy
p.,r,'nanf
35 �
M
Issuing Agency:
Department of Economic Development
Grantee:
Iowa City, Iowa
Fiscal Summary Federal
Amount: $40,000
Contract Title:
Iowa Emergency Shelter Grants Program
Contract Number:
87 -ES -514
Grantee Total
$40,000 580,000
Source Agency/Law: U.S. Department of Housing and Urban Development;
Homeless Housing Act of 1986
Type: Cost reimbursement
Effective Date: January 1, 1988
Submit requisitions to:
ESGP Financial Officer
Department of Economic Development
200 East Grand Ave.
Des Moines, IA 50309
Expiration Date
Issue payment to:
December 31, 1988
City of Iowa City
410 E. Washington
Iowa City, Iowa 52240
The Grantee agrees to perform all services set forth in the attached Special
Conditions, for the consideration stated herein. The rights and obligations of
the parties to this Contract shall be subject to and governed by the Special
Conditions and the General Conditions. To the extent of any inconsistency
between the Special Conditions or the General Conditions, and any specifications
or other conditions which are made a part of this Contract, by reference or
otherwise, the Special Conditions and the General Conditions shall control. To
the extent of any inconsistency between the Special Conditions and the General
Conditions, the Special Conditions shall control.
IN WITNESS THEREOF, the parties hereto have executed this Contract on the day
and year last specified below.
Grantee:
Iowa ity, Iowa
By:
John k6onald
Title: Mayor
Date: _ 1/26/88
Racelved G f NfO'/t
By Ths Lnil [ .p,,rtmonf
Issuing Agency:
of Econf�ic 1Dpvelopment
By
By:_�i�
Date:
350
City of Iowa City
Contract No. 87 -ES -514
Page k2
SPECIAL CONDITIONS
Article 1.0 Identification of Parties. This contract is entered into by and
between the Departm— en�Tconomi— c Development, (hereafter referred to as
Planning Agency) and the City of Iowa City (hereafter referred to as Grantee).
Article 2.0 Statement of Purpose
WHEREAS, Iowa's cities need to improve the quality of existing emergency
shelters for the homeless; and
WHEREAS, the Emergency Shelter Grants Program has been created by Congress
to lessen this problem; and
WHEREAS, the Planning Agency has been designated to administer the
Emergency Shelter Grants Program in Iowa; and
WHEREAS, the Grantee has the necessary ability to develop and carry out
emergency shelter activities, and has been approved for funding;
THEREFORE, the parties hereto do agree as follows:
Article 3.0 Area Covered. The Grantee shall perform all the work and services
required under Fis�ract in relation to providing emergency shelter
assistance to: the Domestic Violence Project and the Emergency Housing Project.
Article 4.0 Statement of Work and Services. The Grantee shall perform in a
satisfactory aper mmanner, as etertn ned by the Planning Agency, the work
activities and services as written and described in the approved grant proposal
as summarized in the Grantee's approved 1987 Emergency Shelter Grants Program
Schedule. This Program Schedule is hereby made a part of this Contract by
reference.
Article 5.0 Reports and Products. The Grantee shall submit the following
reports:
Report
Quarterly Performance Report
Monthly Status of Funds Report
Final Performance/Funds Report
Audit Re ort
I
Due Date
10th of the month following the end
of each Contract quarter (original
and one copy)
10th of every month after initial draw,
whether or not requesting funds (original
and three copies)
Within 30 days of Contract Completion
In accordance with Single Audit Act
of 1984
351p
City of Iowa City
Contract No. 87 -ES -514
Page =3
The Planning Agency reserves the right to require more frequent submission of
the reports than as shown above if, in the opinion of the Planning Agency, more
frequent submissions would help improve Grantee's Emergency Shelter Grants
Program.
Article 6.0 Designation of Officials.
6.1 Planning Agency - The Director of the Department of Economic
Development, or his designee, is the Planning Agency official
authorized to execute or negotiate any changes in the terms,
conditions, or amounts specified in this Contract.
6.7. Grantee - The Mayor is the Grantee official authorized to execute any
changes in the terms, conditions, or amounts specified in this
Contract. The Human Services Coordinator is designated to negotiate,
on behalf of the Grantee, any changes to this Contract.
Article 7.0 Time of Performance. The services of the Grantee are to commence
as of the lst�3ay of anuary, 88 and shall be undertaken in such sequence as
to assure their expeditious completion. All of the services required hereunder
shall be completed on or before December 31, 1988.
Article 8.0 Additional Special Conditions.
8.1 Audit Requirements. Grantee audits shall be conducted in accordance
wit t e Single Audit Act of 1984, P.L. 98-502 as implemented by OMB
Circular Number A-128 and the GAO publication "Standards for Audit of
Governmental Organizations, Programs, Activities and Functions."
8.2 Performance of Conditions Precedent. The Grantee certifies that it
as satisfied all con tions prece ent to the award of the Contract.
8.3 Com liance with Environmental Re uirements. Funds shall not be
re ease un er t s ontract anti t e Grantee has satisfied the
environmental requirements set forth in 24 CFR Part 575, "Emergency
Shelter Grants Program".
8.4 Administration. The Contract shall
apter , owa Administrative Code
Federal law and regulations.
8.5 Local Effort Requirements.
be administered in accordance with
and all applicable State and
8.5.1 Cash. The Grantee agrees to provide local cash contribution
To—the Project as defined in Article 10.0 and the Program
Schedule. The Grantee shall provide local cash contribution
in one of two ways: a) In the same federal to local funds
ratio as shown in Article 10.0, Project Budget; or b) In the
ratio of 50% federal and 50% local funds. Whichever of the
two ratios is chosen, it must be maintained on a monthly
basis, until all federal funds are fully expended or until
the project is completed. Expenditures above this level,
necessary to complete the statement of work and services,
�(v
City of Iowa City
Contract No. 87 -ES -514
Page d4
shall be paid with local funds. Quarterly reports of the
local funds expended shall be included in the quarterly
Performance reports required under Article 5.0.
8.5.2 In-kind. If the Grantee has agreed to provide in-kind
contributions as a part of the approved grant proposal, then
said in-kind contributions shall be as shown in the approved
grant proposal and summarized as part of the Program
Schedule.
8.6 Prior Costs. If the Grantee has received written approval from the
ann ng gency to incur certain costs prior to the effective date of
this Contract, then said written approval and the terms and conditions
therein are incorporated herein and made a part of this Contract by
this reference as if fully set forth. Any such costs incurred prior
to the effective date of this Contract are subject to the Special
Conditions and General Conditions of this Contract.
8.7 Failure to Achieve Performance Tar ets. In the event that the Grantee
oes not ac ,eve t e per ormance targets specified in the Program
Schedule, then federal funds awarded will be subject to disallowance.
The maximum percentage of federal funds which may be disallowed due to
failure to achieve performance targets will be equal to the percentage
of the performance targets not achieved.
Article 9,0 Conditions of Payment
9,1 Maximu�nts. It is expressly understood and agreed that the
maximum amounts to be paid to the Grantee by the Planning Agency for
any item of work or service shall conform to the budget under Article
10.0 subject to Section 4.0 herein. It is further understood and
agreed that the total of all payments to the Grantee by the Planning
no
Agenc
texo
ceed fortythousand edollars r($40,000)nunless imodifiedcbyswritten
amendment of this Contract as provided in Section 1.0 of the General
Conditions.
9.2 Reuisition.for Pa int. All payments to the Grantee shall be subject
to t e receipt y t e lanning Agency of a requisition for payment.
The requisition shall be made according to the format specified by the
Planning Agency and accepted by the Agency not more often than once
Per month as required in Article 5.0. Such requisition will clearly
identify program funds on hand, total expenditure and match to date,
and any amount classified as advanceper 24 CFR 575.63. Any cash
draws requested shall be expended within 30 calendar days of receipt,
or shall be returned to the Planning Agency immediately in accordance
with the requirements of 24 CFR 575.63. The Planning Agency reserves
the right to withhold funds until it has reviewed and approved all
material, such as permits or licenses from other state or federal
agencies, which may be required prior to project commencement.
9.3 Recei t of Federal Funds. All payments hereunder shall be subject to
t e rece pt o e era grant funds by the Planning Agency. The
..
9'"1
City of Iowa City
Contract No. 87 -ES -514
Page #5
termination, reduction, or delay of federal grant funds to the
Planning Agency shall, at the option of the Planning Agency, be
reflected in a corresponding modification to the conditions of this
Contract.
Article 10.0 Project Budget
ESGP GRANTEE TOTAL
Act. 1
Renovation/Rehabilitation $12,600 - S12,600
Act. 2 -
Essential Services $ 6,000 - $ 6,000
Act. 3 -
M,O,I,U, and F. $21,400 $40,000 $61,400
Act. 4 -
Other
TOTALS $40,000 $40,000 $80,000
0
3%
City of Iowa City
Contract No. 87 -ES -514
GENERAL CONDITIONS
IOWA EMERGENCY SHELTER GRANTS PROGRAM
Section 1.0 Amendment of this Document
The Planning Agency or the Grantee may, during the duration of this
Contract, deem it necessary to make alterations to the provisions of this
Contract. Any changes to the Special and/or General Conditions of this
Contract, which are approved by the Planning Agency,shall be incorporated
herein. The provisions of the amendment shall be in effect as of the date of
the amendment unless otherwise specified within the amendment. A waiver of any
condition of this contract must be in writing from the duly authorized official
of the Planning Agency specified in Article 6.1 of the Special Conditions.
Section 2.0 Patent and Copyright
No material or product produced in whole or in part under this Contract
shall be subject to patent or copyright by the Grantee in the United States or
in any other country.
Section 3.0 Accounts and Records
3.1 Accounts - The Grantee shall maintain books, records, documents, and
other evidence pertaining to all costs and expenses incurred and revenues
received under this Contract to the extent and in such detail as will properly
reflect all costs, direct and indirect, of labor, materials, equipment,
supplies, services, and other costs and expenses of whatever nature, for which
payment is claimed under this Contract, as specified in Chapter 24.12, Iowa
Administrative Code and OMB Circular A-102.
3.2 Audit and Inspection - At any time during normal business hours and as
frequently as is deemed necessary, the Grantee shall make available to the
Planning Agency, the State Auditor, the General Accounting Office, and the
Department of Housing and Urban Development, for their examination, all of its
records pertaining to all matters covered by this Contract and permit these
agencies contract,t
invoiexamine,o audit,
invoices, payrolls, excerptske
personnelrecords, condio
tionsofsemployment, and
all other matters covered by this Contract.
3.3 Audit Policy - Audits shall be performed in accordance with the Single
Audit Act of 1984, P.L. 98-502 as implemented by OMB Circular Number A-128 and
the GAO publication "Standards for Audit of Governmental Organizations,
Programs, Activities and Functions".
3.4 Retention of Records - All records in the possession of the Grantee
pertaining to this Contract shall be retained by the Grantee for a period of
three (3) years beginning with the date upon which the final payment under this
Contract is issued. All records shall be retained beyond the three year period
if audit findings have not been resolved within that period. Records for
non -expendable property acquired under this Contract shall be retained for a
three (3) year period after the final disposition of property. Additional
records shall be retained in accordance with Chapter 24, Iowa Administrative
Code.
35(�
Section 4,0 Allowable
4.1 Allowable costs are specified under the a
the Special Conditions of this Contract. Allowable casts
state and local approved budget presented in
OMB Circulars q_government are subject to audit under the .r contracts with
obtained from the 7federA 102 where all or an Principles defined in
and
nonproe{t from
the
organizations argovernment. Allowablercostson contract funds are
Circulars A-110 and A- subject to audit under the contracts with private
from the federal 122 where all or an Principles are obtain OMBd
government. Y Part of contract funds are obtained
4.2 Budget Revisions -Budget revisions which will result in changes of
budgeted line -item amounts is excess of 10% shall be subject to approval
Planning Agency through formal amendment to this Contract.
Will require he amendment for a budget line -item decrease when tPlannihe ng A Of the
would lower the Grantee's The Planning Agency
Schedule in the Contract, pIn erformance targets, as described in the Program
total costs exceeding the totalocontracteamount shall a budget rev{s ion result in
through amendment to this Contract. unless Ot
the Contract statement of work and services revisionsand Of such nature herwic se provided
Budget revisions shall be compatible with
an allowable cost. Budget revision amendments re
days of the Contract period well be a to qualify as
determines that such revisions are necessary quested during the final 90
approved only if the Planning Agency
activities. y to complete the Contract work
Section 5.0 Suspension and Termination of Contract
tions5,1 Suspension - if the Grantee falls to comply
Agency may, or the general terms and conditions of this Contract, special condi-
further y' after notice to the Grantee, suspend the Contract
Payments or prohibit the Grantee from incurrin the Planning
Of Contract funds, pending corrective action b and withhold
annin
terminate in accordance with provisions 5.2 or 5,3 g additional obligations
may determine to allow such necessaryand y the Grantee or a decision to
not reasonably avoid cerin proper costs ewhichTthePGranteg Agency
the provisions of HUD regulations suspension provided such costs meet
Budget Circular No. A -B7, pursuant to Office of
Management and
5.2 Termination for Cause - The Planning Agency
Contract in whole, or in art
whenever it is determined that the Grantee has failed to comply 'nate this
part, at any time before the date of completion,
conditions r the Contract, The Planning Agency shall promptly
Grantee in writing of the determination and p y with the
together with the of
date, p P Y notify the
Planning Agency under Contracts terminated for cause Grantl bowie for the eerie by
Payments made to Grantee or recoveries by the
legal rights and liabilities of the parties, Payments and recoveries may
include, but are not limited to the following:accord with the
costs determined to be in compliance with ths ContractPayments
to be allowed for
termination, based on accepted close-outs and audits,the date
to the Planning Agency all unencumbered funds within one week eekaOfenoticelfreturn
termination. Further, any costs previously paid b
are subsequently determined notice of
procedures to be unallowable throughhaudit nand gclose-outhich
shall be returned to the Planning Agency within thirty (30) da s of
such determination,
y
354,
5.3
eni
- The
Aency or
may
or
ntee
terminate Contractsoinfwhole,�vor incpart, when abothgparties agreeathat the
continuation of the project would not produce beneficial results commensurate
with the future expenditure of funds. The two parties shall agree upon the
termination conditions, including the effective date and, in the case of partial
terminations, the portion to be terminated. The Grantee shall not incur new
obligations for the terminated portion after the effective date, and shall
cancel as many outstanding obligations as possible. The Planning Agency shall
allow full credit to the Grantee for the Planning Agency share of the
noncancellable obligations, properly incurred by the Grantee prior to
termination.
5.4 Rights in Incompleted Products - In the event the Contract is
terminated, all finished or unfinished documents, data, reports or other
material prepared by the Grantee under this Contract shall, at the option of the
Planning Agency, become its property, and the Grantee shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents and other materials.
Section 6.0 Civil Rights Provisions
The grantee shall be responsible for and adhere to the requirements of:
6.1 The requirements of Title VIII of the Civil Rights Act of 1968, 42
U.S.C. 3601-19 and implementing regulations; Executive Order 11063 and
impFR
il Rihts
Actlofe1964g(42gulations at 24 U.S.C. 2002d-1)Cand pimplementing regulations issued art 107; nd Title VI of the vat 24g
gCFR
Part 1.
6.2 The prohibitions against discrimination on the basis of age under the
Age Discrimination Act of 1975 (42 U.SC6101-07) and the prohibitions against
discrimination against handicapped individuals under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
6.3 The requirements of Executive Order 11246 and the regulations issued
under the Order at 41 CFR Chapter 60.
6.4 The requirements of section 3 of the Housing and Urban Development Act
of 1968, 12 U.S.C. 1701u.
6.5 The requirements of Executive Orders 11625, 12432, and 12138.
Consistent with responsibilities under these Orders, the grantee must make
efforts to encourage the use of minority and women's business enterprises in
connection with activities funded under this part.
6.6 Noncompliance with the Civil Rights Laws - In the event of the
Grantee's noncompliance with the nondiscrimination clauses of this contract or
with any of the aforesaid rules, regulations, or requests, this contract may be
canceled, terminated, or suspended either wholly or in part. In addition, the
State of Iowa may take further action, imposing other sanctions and invoking
additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter
601A, Code of Iowa, 1987) or as otherwise provided by law.
351
6.7 The Grantee will include the provisions of Sections 6.1 through 6.5 in
every subcontract unless exempt by the State of Iowa, and said provisions will
be binding on each subcontractor. The Grantee will take such action with
respect to any subcontract as the State of Iowa may direct as a means of
enforcing such provisions including sanctions for noncompliance. In the event
the Grantee becomes involved in or is threatened by litigation with a
subcontractor or vendor as a result of such direction by the State of Iowa, the
Grantee may request the State of Iowa to enter into such litigation to protect
the interests of the State of Iowa.
Section 7.0 Interest of Planning Agency Grantee Officials and Others
7.1 Planning Agency - No officer, member, or employee of the Planning
Agency and no members of its governing body, and no other public official of the
governing body of the locality or localities in which the project is situated or
being carried out who exercises any functions or responsibilities in the review
or approval of the undertaking or carrying out of this project, shall
participate in any decisions relating to this Contract which affect his personal
interest or the interest of any corporation, partnership, or association in
which he is directly or indirectly interested or have any personal or financial
interest, direct or indirect, in this Contract or the proceeds thereof.
7.2 Grantee - The Grantee covenants that no official, employee, or agent
of the Grantee presently has any personal or financial interest and shall not
acquire any such interest, direct or indirect, which would conflict in any
manner or degree with the performance of services required to be performed under
this Contract. The Grantee further covenants that in the performance of this
Contract no person having any such personal or financial interest shall be
employed.
7.3 Conflicts of Interest - Chapter 68B, Code of Iowa, 1987, the "Iowa
Public Officials Act", shall be adhered to by the—�rantee, its officials and
employees. In addition, the specific requirements of 24 CFR 575.59(e) d6 -herein
apply.
7.4 Political Activity - No portion of program funds shall be used for any
partisan political activity or to further the election or defeat of any
candidate for public office. Neither the program nor the funds provided
therefore, nor the personnel employed in the administration of this Contract,
shall be in any way or to any extent, engaged in the conduct of political
activities in contravention of The Hatch Act (5 USC Chapter 15).
7.5 Bonus or Commission - No payment of any bonus or commission shall be
made for the purpose of obtaining State approval of the application for such
assistance, or State approval of applications for additional assistance, or any
other approval or concurrence of the State required under this Contract, Title I
of the Housing and Community Development Act of 1974 as amended, or HUD
regulations or State rules with respect herewith; provided, however, that
reasonable fees for bona fide technical, consultant, managerial or other such
services, other than actual solicitation, are not hereby prohibited if otherwise
eligible as program costs.
N �W
Section 8.0 Assiqnment of Interest
Neither this Contract or any financial interest therein nor claim there-
under shall be assigned or transferred by the Grantee to any other party or
parties.
Section 9.0 Personnel
9.1 Selection - The Grantee represents that he has, or will secure, all
personnel required in performing the work and services under this Contract.
Such personnel shall not be employees of or have any contractual relationship
with the Planning Agency.
9.2 Qualification - All of the work and services required hereunder will
be performed by the Grantee or under his supervision and all personnel engaged
in the work shall be fully qualified and shall be authorized under state and
local law to perform such services.
Section 10.0 Environmental and Flood Insurance Requirements
10.1 The Grantee shall comply with the environmental requirements
contained in 24 CFR 575, and related and necessary flood insurance provisions as
may be required under 24 CFR 575.59(g).
Section 11.0 Contractors and Subrecipients Limited
Project funds shall not be used directly or indirectly to employ, award
contracts to, or otherwise engage the services of, or fund any contractor or
subrecipient during any period of debarment, suspension or placement in ineligi-
bility status by the Department of Housing and Urban Development pursuant to the
provisions of 24 CFR Part 24, or pursuant to any applicable law or regulations
of the Department of Labor.
Section 12.0 Lead -Based Paint
The construction or rehabilitation of residential structures with assist-
ance provided under this Contract is subject to the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. 4821-4846) as implemented through regulations
contained in 24 CFR Part 35.
Section 13.0 Contract Coverage
This instrument, and any referenced attachments hereto or documents
referred to herein, contains the entire agreement between the parties and any
statements, inducements or promises not contained herein shall not be binding
upon said parties. This Contract shall be binding upon the successors in office
of the respective parties.
If any of the provisions herein shall be in conflict with the laws of the
State of Iowa, or shall be declared to be invalid by any court of record of this
state, such invalidity shall be construed to affect only such portions as are
declared invalid or in conflict with the law and such remaining portion or
portions of the agreement shall remain in effect and shall be construed as if
such invalid or conflicting portion of such agreement were not contained herein.
3%
Section 14.0 Litigation
The Grantee agrees to pay the cost of any litigation arising from failure
of the Grantee to comply with the rules and regulations in this Contract or
resulting from the negligence or incompetence of the Grantee. In carrying out
to
the
thereby, therevisions of the shall
Contract
nbexnocliabilitising any
power or authority granted
ersonal or
the Planning Agency, it being understood that in such pmatters theotherwisePlanning,
upon
Agency acts for the State. Furthermore, the Grantee shall indemnify and save
harmless the State from suits, actions or claims of any character brought for or
on account of any injuries or damages received by any person or property
resulting from operations of the Grantee or any persons working under him,
carrying out the terms of this Contract.
Section 15.0 Resolution of Disagreement
In the event of any disagreement between the Grantee and the Planning
Agency relating to the technical competence of the work and services being
performed and its conformity to the requirements of this Contract, the decisions
of the Planning Agency shall prevail.
Section 16.0 Financial Obligation of the State of Iowa
The Parties hereto agree that the rules and regulations in the Emergency
Shelter Grants Program Contract between the State of Iowa and the Department of
Housing and Urban Development shall be and are hereby made a part of this
Contract. It is further agreed that the State of Iowa shall not, under any
circumstances, be obligated financially under this Contract, except to pay
according to the terms of this Contract.
M
REVISED
ATTACHMENT B - $40,000 COMBINED REQUEST
IOWA EMERGENCY SHELTER GRANTS PROGRAM(Supplemental) Applicant City of Iowa City
Ia. Dept. of Economic Development Address 410 E. Washington St Iowa Civ IA 57 40
200 E Grand Ave.
Des Moines, Iowa 50309 "Homeless Agency" Domestic Violence Protect = DVP
- PROPOSED BUDGET SUMMARY - Emergency Housing Project = EHP
PROJECT DESCRIPTION
SPECIFIC PERFORMANCE
TARGETS
PROPOSED
BUDGET
Activity 1: Renovation and Rehabilitation
ESGP
Applicant
Agency
Total
Improve ventilation & lighting of DVP
Renovate kitchens of DVP & EHP.
Repair electrical system at DVP.
p y
kitchen. Add counter space & cabinet
space of EHP kitchen. Repair electri-
Carpet needed areas at DVP.
cal fixtures & connectors at DVP. Re-
place/add carpet to hallway &Tiedromis
Renovate basement heating system at ENP.
at DVP. Install radiant heat in EHP
basement.
Activity 2: Essential Services
Hire part-time staff (20 hours/week)
to assist clients during daytime tEL
6,000
6,000
Hire day -time staff for EHP.
with referrals, housing arrangements,
and information.
Activity 3 : Maintenance, Operation, Insurance,
Pay gas & electric bills for DVP & EHP
— Utilities, Furnishingys —
Jul.-Dec.,1988. Pay insurance premiurm
Gas & electric payments for DVP & EHP for 6 mo.
for DVP & EHP. Pay water, sewage &
21,400
40,000
61,400
Insurance payments for DVP & EHP. Payment for
trash bills: DVP-1988, EHP-Jul.-Dec.,
water, sewage & trash removal for: DVP-12 mo.
1988. Pay for-DVP paper products.
and EHP-6 mo. Pay for paper supplies for DVP.
For EHP purchase: table & chairs
coucFes,cribs dressers,chairs,foiding
Purchase fucnishinyvos & appliances for EHP.
Support operational services through unteer
cots,beds,office desk & chair,file
hours (4,540 at DVP & 1,000 at ENP) and church
cabinet,wasner & dryer stove and 3
Y jI12,n__g _ay._un ng --
Activit 4 Other 41((IW1�dL FHP
re rigera ors. Support a aspects of
ongoing agency operations at DVP & EHP
N/A
N/A
N/A
N/A
N/A
N/A
PROGRAM TOTAL $ 80,000
REVISED AT -,:C !•E'J7 - ;40,000 COMBINED REQUEST
ESGP: Supplemental Appropriation Applicant City of Iowa City
la Dept. of Economic Development Address_ 410 E. Washington St., Iowa City, IA 52240
DVP = Domestic Violence Project PROPOSED PROGRAM SCHEDULE -
EHP = Emergency Housing Project
35/
1st Qtr
2nd Qtr
3rd Qtr
4th Qtr
Activity 1: Rehabilitation
Jan
F
M
A
M
J
J
A
S
0
H
0
Milestones-DVP-
1. Take kitchen renovation bids.
X
2. Renovate kitchen.
X
X
3. Take bids to repair electrical system.
X
4. Repair electrical system
X
X
5. Take bids for carpeting.
X
6. Carpeting installed.
X
X
EHP- 7. Take kitchen renovation bids.
X
B. Renovate kitchen.
X
X
X
9. 19heAids to renovate basement heating
X
10. Renovate basement heating system.
X
Activity 2: Essential Services
Milestones- EHP -
1. Advertise position.
X
2. Hire person to fill position.
X
3. Provide 20 hours/week daytime staffing.
X
X
X
X
X
X
X
X
X
X
1,
5.
Activity 3: Maint, Opers.,Ins., Utils., Furn's.
Milestones- Both DVP & EHP.
1. Payment of gas & electric bills.
X
X
X
X
X
X
2. Payment of insurance premiums.
X
X
X
X
3. Provision of operational services.
X
X
X
X
X
X
X
X
X
X
X
X
DVP-4. Payment for paper supplies.
X
X
X
X
5. Payment of water,sewage & trash removal.
X
X
X
X
X
X
EHP-6. Purchase furnishings.
X
X
7. Payment of water,sewage & trash removal.
X
X
X
8. Purchase appliances.
X
X
Activity 4: Other
i estones-
1.
2.
3.
4.
5.
35/
Resolution No. 88-39
A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1989,
Be it Resolved by the Council of the City of fnwa City , Iowa:
The annual budget for the fiscal year ending June 30, 1989, as set forth in the Budget Summary Certificate and In the detailed
budget In support thereof showing the revenue estimates and appropriation expenditures and allocations to programs and
activities for said fiscal year is adopted, and the clerk is directed to make the filings required by low and to set up the books in
accordance with the summary and details as adopted.
Passed and approved on Dlarch 8, 1983 , 1908, by the following vote: (List names)
Ayes: Courtney. Dickson. llm•owitz.
Larson. McDonald, Strait,
Atnbri see,
P
w.. P•4YI
Attest;
Noyes: None.
Absent: None.
/s/
Mayor
Clerk
O
CITY or. 10'd4 CITY __-..__ IOWA
... ........ ..... ........ w ._. DB m Tom n
CITY BUDGET CERTIFICATE SUMMARY ON A CASH.„ Y BASIS 1511Y 1.MIT —lynB ]q, 5999
ACIU•1 IIVIIS BY
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CITY OF -,-IOWA _CITY - _, . _ --, IOWA
............................. OO M1 FORM]]
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"
JULY I. 1918 — JUNE 30, 1999
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[Alms vnN,camams-CONT-0 APve.
CITY OF IOWA CITY
CHIC CENTER 410 E. WASHINGTON ST. IOWA CIN, IOWA 52240 (319) 356-5000
FILED
Johnson Co. Iowa
March 11, 1988 MAR 1 I
1988
Mr. Tom Slockett
Johnson County Auditor COUNTY AUDITOR
Johnson County Administrative Bldg.
913 S. Dubuque Street
Iowa City, Iowa 52240
Dear Tom:
Enclosed please find the following proceedings and materials for
certification of the FY88 Budget for Iowa City, Iowa, July 1, 1988
through June 30, 1989.
1) one xcrox copy of certified proof of publication of Notice
of public Hearing of Budget Estimate, one original and one
copy of the Notice (public hearing of February 23, 1988).
2) two copies of the Adopted Budget Certificate of City Taxes.
3) two copies of the detailed FY88 Budget.
4) two copies of the Budget Certificate Summary.
5) two copies of General Obligation Bond Schedule.
Sincerely,
CITY OF IOWA CITY
Marian K. Karr, CMC/AAr
City Clerk
u DIKK/go
Enc.
o-
357
RESOLUTION N0. 88-40
RESOLUTION APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY,
IOWA, FOR FISCAL YEARS 1989-1991.
WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the
public interest and in the interest of good and efficient government for the
City of Iowa City, Iowa, to adopt a three-year financial plan for both opera-
tions and capital improvements; and
WHEREAS, the three-year financial plan is subject to annual review and revi-
sion; and
WHEREAS, a public hearing was held on February 23, 1988, at the regular
formal Council meeting, and public comments were received.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the City Council of the City of Iowa City does hereby adopt the
Financial Plan For The Fiscal Years, 1989-1991.
2. That this Resolution is an expression of the Council's legislative intent
for planning future operations and capital improvements for the City of
Iowa City, Iowa; and the anticipated means of financing said plan, sub-
ject to applicable laws.
It was moved by Ambr•isco and seconded b
the Resolution be a opte , an upon ro call there were: Strait
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
X Horowitz
X Larson
X McDonald
Strait
Passed and approved this 8th day of March 1988.
/moi rove as to Form
ATTEST:
CTTP�i<<K —S 3
ega epar menlCl��
9.51
IU:S. #88-41
RESOLUTION NAMING DEPOSITORIES
A copy of this resolution must be on file with the Treasurer of Stale. Submit two copies; upon approval, one will be returned.
The maximum deposit approved for each institution may not be increased without further approval of the Treasurer of Slate
pursuant to Iowa Code §453.3 (1983) as amended by 1984 Iowa Acts S F 2220 57
RESOLVED, that the 'ity of Iowa Cit
pneen mme al lube, bwayl
of Iowa Citv Johnson
I nne. W C...,c., Sc nom e,elnet. em n.,,, County,
County,
Iowa, approves the following list of financial institutions to be depositories of theCi tv o F Town C, 'V
Ineen Ine name o1 wwbbc bwoyl
funds in conformance with all applicable provisions of Iowa Code Chapters 452 and 453 (1983),
as amended by 1984 Iowa Acts, S.F. 2220. The rtty Treasurer
pnun bne of Pubbc oe¢en
is hereby authorized to deposit the Isen name 01 oubbc boet'i tvyl of Iowa City funds in amounts not to
exceed the maximum approved for each respective financial Institution as set out below
Depository Name Location of Maximum Balance in Maximum Balance in
Home Office effect under prior effect under this
First National Bank
204 E Washington resolution resolution
Hawkeye State Bank
Iowa State Bank 6 Trust
Merchants National Bank
United Federal Savings Bank of Iowa
MidAmerica Savings Bank
lHills Bank 8 Trust
_S10 nnn nnn S10 Dnp 000_
750,000. 750,000,
8,000,000. 8,000,000,
25,000,000. 25,000,000.
7,000,000,
5,000,000,
8,000,000. 8,000,000.
AYES: Ilorowitz Larson McDonald, Strait, AMI)HSCD, Courtney, Dickson.
NAYS: None. Absent: None.
CERTIFICATION. I hereby certify that the foregoing is a true and correct copy of a resolution of the
City of Iowa City
Ilneen mme of Publt bwaq
adopted at a meeting of said public body, duly called and held on the 8th day of March , 19 S8_., a
quorum being present, as said resolution remains of record in the minutes of said meeting, and it is now in full force and effect.
Dated this Btll day of March 19 88
MAYLIK
ATTEST: ?&l .d J
City Clerk
Telephone: 356-5050
Mailing Address: 410 East Washington Street
CPE -31019
520.0049
3
Y
.M
City of Iowa City
MEMORANDUM
DATE March 2, 1988
TO: City Council and City Manager
FROM: Nancy Heaton, City Treasurer 7)W
RE: Resolution Naming Depositories for Public Funds
The resolution will add two Iowa City Financial institutions to the
City's depository listing. The managers of Midamerica Savings Bank
and United Federal Savings Bank of Iowa have requested that we name
them as depositories so that these institutions can bid on investments
for City funds. The resolution will allow an additional $12,000,000
to be invested locally on an increasingly competitive basis.
Chapter 453 of the Iowa Code identifies the City Council as the
approving body to name depositories by resolution. The resolution
is then submitted to the State Treasurer for approval and as a matter
of record. I request the City Council pass this resolution enabling
the City to utilize the additional local institutions for investments
of City funds.
3Si
RESOLUTION NO. 88-42
RESOLUTION ESTABLISHING REVISED FEES FOR CITY PLAZA USE PERMITS
WHEREAS, Section 9.1-10 of the Code of Ordinances of the City of Iowa City
provides that permit fees for the use of the City Plaza are to be
established by Resolution; and
WHEREAS, this Resolution will supersede Resolution No. 86-79
established fees for City Plaza permits. which
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the following fee schedule is established for permits
issued for the use of City Plaza:
I• Motor Vehicle Permits as per Section 9.1-5
a. Continuing
b. Temporary No charge
Z• Mobile Vending Cart as per Section 9,1-8(a) No charge
To be effective 1988
3. Ambulatory Vending as per Section 9-1-8(b $_750.00 annually
( ) 5 100.00 annually
4. Sales for Vending - Temporary or Occasional -
as per Section 9.1-8(d) $ 10.00 per day
5• Cultural or Entertainment Exhibits or
Events where no sales occur as per No charge
Section 9.1-8(d)
It was moved by Dickson
Resolution be adopted,
and roll and seconded
by jjInb Isco
the
AYES: NAYS: ABSENT:
X
X Ambrisco
X Courtney
X Dickson
X Horowitz
Larson
Mcbonald
Strait
Passed and approved this
8th day of Plardi 1988.
n
�-
*Ave a to Form
ATTEST: J �{� �(� ITY CLERK ' �- / �Department
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RESOLUTION NO. 88_,13
RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE.
WHEREAS, the Police Department of the City of Iowa City, Iowa, has during
the past months stored a number of bicycles which have been abandoned by
their owners; and
WHEREAS, the Police Department has made every effort to locate the owners
of these bicycles and has been unsuccessful in its efforts; and
WHEREAS, the total number of bicycles which have been accumulated have now
become a storage problem, and the same are a burden on the City of Iowa
City; and
WHEREAS, it is in the public interest that said bicycles be sold at public
auction to the highest bidders.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the Police Chief is hereby authorized and directed to sell the
abandoned bicycles at public auction to the highest cash bidder there-
fore, and that Notice of said sale shall be published in the Iowa City
Press -Citizen once each week for two consecutive weeks, the date of
e last pu ication being no more than one week prior to the day of
the sale.
2. That the proceeds from the sale of these bicycles shall be paid into
the Public Safety Fund portion of the budget of the City of Iowa City,
after first deducting therefrom the costs of the sale.
It was moved by Ambrisco and seconded by Strait
the Resolution be adopte , and upon roll call there were:
AYES:
NAYS: ABSENT:
x
AMBRISCO
x
COURTNEY
x_—
DICKSON
x
HOROWITZ
x
LARSON
MCDONALD
x
STRAIT
Passed and approved this 8th day of March , 1988.
ATTEST: "� J��.. /
CITY CLERK
&'o 0'e
AAppoveda o FormARTMENT
3 �0/
RESOLUTION N0. 88-44
RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, ADDENDUM N0. 2
TO AGREEMENT FOR PROFESSIONAL ENGINEERING AND PROJECT MANAGEMENT
SERVICES, BY AND BETWEEN THE CITY AND METCALF & EDDY, INC. ALL
IN CONNECTION WITH IOWA CITY'S WASTEWATER FACILITIES
MENTS PROJECT. IMPROV
WHEREAS, the City and M&E did, on and as of June 17, 1986, execute and
enter into a contract entitled "AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND METCALF & EDDY, INC. FOR PROFESSIONAL ENGINEERING AND PROJECT MANAGE-
MENT SERVICES (hereinafter "the contract"), pursuant to which M&E agreed
to design certain improvements to the City's wastewater collection and
treatment system, to manage the construction of said improvements, to
provide overall project management services to assure that said improve-
ments were constructed so that the City's wastewater system would meet
Federal and State wastewater discharge requirements, and to make its best
effort to complete required facilities, within the timeframes specified by
Federal and State regulatory agencies (Federal Environmental Protection
Agency (EPA) and Iowa Department of Natural Resources (IDNR) and set forth
in the Master Project Schedule as provided in Section 3 of the contract;
and
WHEREAS, the City did thereafter execute and enter into an Addendum to
said contract, hereinafter designated as Addendum No. 1, pursuant to
Resolution No. 87-79 adopted on April 21, 1987, which Addendum obligated
M&E to provide further design services to the City in connection with the
Orchard -Douglas (Benton Street) Storm Sewer Project; and
WHEREAS, a dispute presently exists between the City and M&E as to the
adequacy of contract performance to date; and
WHEREAS, the City and M&E have negotiated the terms of an Addendum to said
sionalcEngi Engineering Anerein d Projectnated s "Addendum No. 2 To Management Services, Agreement For whichProfes-
sional
have agreed: pursuant to which the
(a) to amend the contract to delete M&E's provision of, and all refer-
ences to, equipment procurement, construction management, and opera-
tion and maintenance services, and
(b) to provide for completion of final design documents, a Revised Pro-
ject Budget, and a Revised Project Master Schedule, and
(c) to provide a fixed payment schedule for the balance of the fees to be
paid M&E under the contract, said payments to be contingent upon
completion of all design tasks by M&E, and
(d) to revise M&E's performance schedule under the contract for the
completion of design services; and
WHEREAS, this City Council has been advised and does believe that it would
be in the best interests of the City of Iowa City to execute the said
Addendum No. 2.
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2
NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA,
That "Addendum No. 2 To Agreement For Professional Engineering And Project
Management Services," attached hereto and made a part hereof, is hereby
approved as to form and content.
AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are
hereby authorized and directed to execute and attest, respectively, the
said Addendum No. 2 for and on behalf of the City of Iowa City, Iowa.
It was moved by Ambrisco and seconded by Dickson
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X COURTNEY
X DICKSON
HOROWITZ
LARSON
X MCDONALD
STRAIT
Passed and approved this 8th day of March
1988. /)
MAYOR
Appr as toForm
ATTEST
IT CLERK _�
ILEGAL DEPARTMENT
ADDENDUM NO. 2
TO
AGREEMENT FOR PROFESSIONAL ENGINEERING
AND PROJECT MANAGEMENT SERVICES
This ADDENDUM to AGREEMENT made and entered into by and between the City
Of Iowa City, Iowa, a municipal corporation (hereinafter referred to as
"the City") or "the Owner") and Metcalf & Eddy, Inc., a Delaware corpora-
tion (hereinafter referred to as M&E) this 8th day of ,%larch
1988.
Witnesseth:
Whereas, the City and M&E did, on and as of June 17, 1986 execute and
enter into a contract entitled "AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND METCALF & EDDY, INC. FOR PROFESSIONAL ENGINEERING AND PROJECT MANAGE-
MENT SERVICES (hereinafter "the contract"), pursuant to which M&E agreed
to design certain improvements to the City's wastewater collection and
treatment system, to manage the construction of said improvements, to
provide overall project management services to assure that said improve-
ments were constructed so that the City's wastewater system would meet
Federal and State wastewater discharge requirements, and to make its best
effort to complete required facilities, within the timeframes specified by
Federal and State regulatory agencies (Federal Environmental Protection
Agency (EPA) and Iowa Department of Natural Resources (IDNR)) and set
forth in the Master Project Schedule as provided in Section 3 of the
contract; and
Whereas, a dispute presently exists between the City and M&E as to the
adequacy of contract performance to date; and
Whereas, the parties desire, by this Addendum,
(a) to amend the contract to delete M&E's provision of, and all
references to, equipment procurement, construction management, and
operation and maintenance services, and
(b) to provide for completion of final design documents, a Revised
Project Budget, and a Revised Project Master Schedule, and
(c) to provide a fixed payment schedule for the balance of the fees to be
paid M&E under the contract, said payments to be contingent upon
completion of all design tasks by M&E, and
(d) to revise M&E's performance schedule under the contract for the
completion of design services.
Now, therefore, the City and M&E do hereby agree to amend the contract to
reflect the following additions and deletions to the terms and conditions:
I. Deletion of Services and Contract Provisions.
The parties agree that M&E shall not be required to provide, and that
the City shall not be required to pay for, equipment procurement,
construction management, and operation and maintenance services, and
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2.
I
Page 2
that the contract shall be amended to delete all references to such
services.
The following Articles are deleted from the contract in their
entirety:
Articles 1.2.6, 1.2.7, 1.2.8, and 1.2.9
6. The following Sections are deleted from the contract in their
entirety, with the one exception noted:
Section 1.3 Project Elements
Section 2.6 Construction Management, with the exception of
the definition of "substantial completion" in
Article 2.6.10, as referenced in Section 4.6.
Section 2.7 Operations and Maintenance
Section 3.0 Time of Completion
Section 4.4
Section 4.5
Revised Project Elements.
For the purpose of pursuing the completion of the City's proposed
program of sewer and wastewater treatment improvements, the parties
agree that the project shall be divided into five separate and
distinct elements for purposes of design. Those elements shall be as
follows:
influent Element 1: North Plant. This element includes screening equipment,
structure, clarifiers ng re rapid sanflow dualization filtrationbstructurer,ichlorina-
tion and dechlorination equipment, chlorine contact tanks, and all
other wastewater treatment onents necessary
and allicother componentstcation of the necessaryito
make the facility functionally complete.
Element 2: South Plant. This element includes an activated sludge
wastewater treatment facility consisting of an influent pumping
structure, screening equipment, grit removal structure, flow
equalization basin, two primary clarifiers, four mechanical aeration
basins, two secondary clarifiers, chlorination and dechlorination
equipment, chlorine contact tanks, two anaerobic digesters, belt
filter press sludge dewatering structure, dewatered sludge storage
pad, and all other components necessary to make the facility
functionally complete.
Element 3: Major Sewers. This element includes the South Wastewater
Treatment Plant Outfall Sewer and Southeast Interceptor -Snyder Creek
Segment, which are the sewers necessary to make the South Plant
operational.
Element 4: Relief Sewers. This element includes the Southeast
Interceptor -South Ralston Creek Segment (Phases I and II), and the
Benton Street Interceptor and Storm Sewer.
Page 3
Element 5: Sludge Forcemain. This element includes the establish-
ment of design criteria and routing for the sludge forcemain between
the North Plant and South Plant. The Owner shall provide easement
descriptions and any plans and specifications required to obtain
permits necessary for construction. M&E shall provide design
criteria, including specification of pipe size and material, recom-
mended routing, and standards for installation.
The foregoing description of project elements is based on current M&E
designs. The City is not hereby requiring or specifying any
particular project elements or components thereof, but is, rather,
relying on M&E to design an overall system to meet the City's sewer
and wastewater treatment needs and to meet federal and state waste-
water effluent standards and requirements. M&E represents that the
foregoing elements, as presently designed, will meet those needs and
requirements. The inclusion of these project element descriptions in
this Addendum shall not operate to excuse M&E from that obligation.
The design of each of the foregoing project elements must receive
IDNR approval before the City is required to award a contract for the
construction of each such element.
Revised Project Master Schedule.
In recognition of project delays incurred to date and the fact that
the performance goals specified in the contract and in applicable
IDNR Administrative Orders cannot be met, the parties agree to adopt
the following revised performance schedule for the completion of the
project.
A. M&E agrees to submit all easement descriptions and plats for the
location of major and relief sewers to be constructed pursuant
to Elements 2, 3 and 4 of the project within seven days of
execution of this Addendum.
B. M&E agrees to submit the general and supplementary conditions to
its general form of contract agreement for construction of
project improvements for review and approval by Owner's legal
counsel on or before February 26, 1988, pursuant to Section
2.4.8 of the contract.
C. M&E agrees to complete and submit to the City the final plans
and specifications, form of construction contract, and final
cost estimates for Element 1, North plant, and Element 2, South
Plant, on or before March 7, 1988. Final design revisions
resulting from subsequent comments shall be incorporated by
addendum to the plans and specifications.
D. M&E agrees that it will update and submit a Revised Project
Budget, which shall include construction costs, for all five
elements of the project, as per Section 2.3.4 of the contract,
for review and approval by the City Council, said Revised
Project Budget to be submitted to the City on or before March 7,
1988. The construction costs reflected in the Revised Project
Budget for all five elements of the project shall not exceed
$38.314 million, except upon receipt of approval by the City
Council for further cost additions to the project. This amount
4.
Page 4
will. include a 7.5% cost contingency item for construction of
the total project. In the event that the bids received and
contracts awarded for construction of any element of the project
are below the budgeted amount for that element as set forth in
the Revised Project Budget, the City shall retain the right to
determine and direct if and how such funds are to be spent.
M&E agrees to complete the final design of Element 3, Major
Sewers, and of Element 4, Relief Sewers, on or before June 1,
1988, to be prepared for construction bid letting for said
project elements to occur on July 1, 1988.
M&E agrees to immediately prepare and submit, after consultation
with the City and IDNR, a Revised Project Master Schedule. M&E
further agrees to hereafter advise the City in advance when it
will be unable to meet M&E performance deadlines set forth
herein and in the Revised Master Project Schedule. In the event
that the Revised Project Master Schedule is prepared and
approved by the City and IDNR prior to the City's execution of
this Addendum, it shall be incorporated into this Addendum as
Exhibit A.
Compensation for Remaining Services.
Section 7 of the contract, Compensation for Services, is deleted in
its entirety, and in lieu thereof, the parties agree that the
following provisions shall govern payment for all remaining services
to be provided by M&E under the contract and pursuant to this
Addendum.
A. Compensation Payable.
The total fee payable to M&E for the provision of Project
Management services to date, and for the remaining Project
Management services to be provided by M&E through the award of
construction contracts for all five elements of the project,
shall not exceed $556,000. M&E acknowledges that the City has
paid to it Project Management fees to date totaling $347,310,
leaving a balance of $208,690 to be paid by the City pursuant to
this provision.
The total fee payable to M&E for the provision of design
services to date, and for the remaining design services to be
provided by M&E through the award of construction contracts for
all five elements of the project, shall not exceed $2,624,000.
M&E acknowledges that the City has paid to it design services
fees to date totaling $1,931,410, leaving a balance of $692,590
to be paid by the City pursuant to this provision. The total
fee by work task for design and related services to be performed
under this contract, as amended, is broken down as follows:
Basic Project Development S 76,000
Design Outline 222,000
Final Design 2,306,000
Bidding/Negotiating 20.000
$2,624,000
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The total fee payable to M&E for all services performed to date
and for all services to be performed by M&E through award of
shallbe
construction
the fixed amountoof $3,180r all ,000 180,000. M&E acknowledgesothat
the City has paid it to date fees for all services totalling
$2,278,720, leaving a balance of $901,280 to be paid by the
City. Excluded from this amount are fees for Extra Services
which may be requested by the City pursuant to paragraph 5
hereof.
B. Revised Payment Schedule.
The City's payments of the fees to be paid to M&E shall be due
and payable on the following schedule:
1. The amount of $157,000, which represents outstanding
amounts owing by M&E to its design subcontractors as
reflected in Exhibit 8, Column 1, shall be paid by the City
to M&E within seven days of the City's execution of this
Addendum. Upon payment by the City, M&E shall immediately
Pay its design subcontractors all outstanding amounts owing
to them.
2. The amount of $91,000, which represents the total estimated
amount which M&E will owe its design subcontractors upon
their completion of design services, shall be paid by the
City to M&E in incremental payments as reflected in Exhibit
B, Column 3. Such incremental payments shall be paid to
M&E within 14 days of M&E's submission of final plans and
specifications for each of the project elements set forth
in Exhibit B. Said amounts shall be billed to and paid by
the City regardless of the actual costs incurred by M&E to
secure those design services. Upon payment by the City,
M&E shall immediately pay its design subcontractors all
outstanding amounts owing to them.
3. The City agrees to pay M&E the amounts shown in Exhibit 8,
Column 4, after award of construction contract for each
element as reflected in said Exhibit. Those amounts shall
be days aafterid treceiphin t of(c)days of onstructionontract award or sixt
bids, whichever first
occurs. In the event the City elects to cancel or delay
the bid of one or more elements of the work, the payment
for those elements shall be released to M&E within 90 days
after submittal of completed plans and specifications.
5. Extra Services.
M&E agrees to provide technical assistance and expert testimony, if
requested by the City, to support the City's decision to increase its
sewer use rate based on an M&E recommendation made in May of 1986,
and to support the City's decision with regard to the siting of the
South Wastewater Treatment Plant based on an M&E recommendation made
in October of 1986. The City's cost for these services shall be
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Page 6
based on the salary expense of M&E personnel used to support this
effort.
The City shall reimburse M&E its direct labor salaries, plus 170%,
for personnel used to support this effort, plus actual expenses
incurred.
6. Continuing Obligations Under the Contract.
The parties agree that the execution of this Addendum, and the
deletion of services pursuant hereto, shall not operate to relieve
M&E of any of its professional obligations or liability with respect
to the design of project improvements, as provided in Sections 2.4.1
through 2.4.3 of the contract, and shall not serve to release or
waive any claim which either party may have or assert against the
other for failure to perform, or for negligent performance of,
obligations under said contract, whether occurring prior to or after
the execution of this Addendum.
7. Except for the additions, deletions, revisions and replacements
contained in paragraphs 1 through 6 of this Addendum, the terms and
conditions of the contract, executed on June 17, 1986, as amended by
Addendum No. 1 executed on April 21, 1987, shall remain in full force
and effect.
Executed as a sealed instrument on the day and year first written above.
THE CITY OF IOWA CITY: �> METCALF & EDDY, INC.
By:U. MUr �i5! By:
o n McDonald, Mayor
ATTEST:
Marian K. Karr, City C er
Page 7
STATE OF IOWA )
JOHNSON COUNTY ) SS:
On this 8th day of March
a Notary Pub is in and for the State of Iowa 19 88 before me,
McDonald and Marian K. Karr, to me personally known, andw ho, being by me
duly sworn, did say that they are the Mayor and City Clerk, respectively,
of the City of Iowa City, Iowa, an Iowa municipal corporation; that the
seal affixed to the foregoing Agreement is the seal of said City; that
said instrument was signed and sealed on behalf of saidCity by authority
of its City Council, and that John McDonald and Marian K. Karr, as such
officers, acknowledged the execution of said instrument to be the volun-
tary act and deed of said City by it and by them voluntarily executed.
Given under my hand and seal of office, this 8th day of March
1988.
No ary Public in antl forte State of Iowa
w
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Exhibit B
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Pavmen�ule
Through Construction Contract Award
Column
Column 2
Column 3
Column 4Column
5
Incremental
Payments
Payments
Outstanding
Estimated
to MHCit
to M&E
Amts. Owing
by M&E to
Amts. Owin 9
by M&E
U on
P
After Con-
Total to
be Paid
Project Elements
—��
Desmon Subs
to
Design Subs
Document
Delivery
ContraStructct
Contract
Award
to M&E
I. North Plant
by City
M&E
2. South Plant
$ 0
$ 0
$ 0
$516,280
$516,280
Shive-Hattery
M$E
30,000
5,000
0
3. Major Interceptors
p
0
5,000
0
105,000
0
140,000
Shive-Hattery
MMS
46,000
8,000
0
Shoemaker
16,000
10000
4,000
p
0
0
Terracon
M&E
0
18 000
,
0
0
0
0
4. Relief Sewers
0
0
35,000
p
13,000
p
120,000
MMS
Shoemaker
25,000
30,000
30,000
0
0
Terracon
0
14,000
0
0
0
M&E
00
7 000
0
0
Total Payment
0
5 0 09
000
5 000
$157,000
$91,000
$653,280
$901,280
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CERTIFICATE CF ASSISTANT SECFIETARY
I, Efthalia C. Baker, hereby certify that I am the Assistant Secretary
of Metcalf & Eddy, Inc., a Delaware Corporation, and that the following
resolution was duly adopted at a meeting of the Board of Directors of the said
Corporation held In Wakefield, Massachusetts, on September 21, 1987, at which
a quorum was present and voting throughout:
RESOLVED: that any officer of this Corporation or other
designated employees, except where otherwise
required by law, be, and each of them Is, hereby
authorized to sign and deliver and, if and as
appropriate, affix the corporate seal to and acknow-
ledge any proposal or contract with any Individual,
partnership, corporation, association, government or
any subdivision or agency of any government for the
performance of professional services by this
Corporation or incidental to or related to the per-
formance of any such services.
I, further certify that the foregoing resolution has not been modified
or rescinded and remains in full force and effect on this third day of March, 1988
I, further certify that the present Officers of Metcalf & Eddy, Inc.
mentioned in the foregoing resolution are as follows:
Chairman of The Board
President & CEO
Chief Operating officer
Executive Vice President
Regional Vice Presidents
M
Benjamin M. Rawls
George K. Tozer
Robert G. Bening
Russell C. Holt
A. Gary Alstot
John Dedyo
William L. Durham
Robert J. Maxman
Ben Taguchi
Jekabs P. Vittands
fro Z
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Senior Vice Presidents
Vice President & General Manager/
Hazardous Waste Management
Vice President & General Manager/
Contract Operations & O&M
Vice Presidents
Philip D. Glantris
Stephen L. Bishop
David P. Bova
John G. Chafes
Arthur R. Nicholson, Jr,
Charles E. Pound
Robert C. Petersen
Winfield A. Peterson, III
James Anderson
John A. Arthur
Richard L. Ball, Jr.
Eugene M. Ban
Thomas G. Baxter
George A. Bicher
Anthony N. Borowlec
George C. Bottger
Olivia L. Chen
Neville K. Chung
Terence P. Driscoll
Ibrahim Elsammak
Allen F. Goulart
Eugene S. Grafton
Edward M. Greco
Ralph M. Hayashi
Lawrence P. Jaworski
Terry L. Krause
Richard D. Howard
John A. Lager
Joseph P. Madden
Richard C. Sperandlo
.36-L-
3
Vice President/Treasurer
Vice President/General Counsel/
Secretary
Associates
Others
W. Robson Googins
James C. Dobbs
Donald L. McCorvey, Jr.
James Osborn
Vernon D. Thompson
John D. Sonomo
March, 1988. WITNESS MY HAND and the seal of Metcalf & Eddy, Inc., this third day of
c /J
A istant Secretary
(Seal)
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RESOLUTION NO. 88-45
RESOLUTION APPROVING SETTLEMENT OF LAWSUIT, CITY OF IOWA CITY V. GAS
SERVICE ENERGY CORPORATION, AND DISMISSAL OF THAT ACTION.
WHEREAS, in 1981, to reduce vehicle fuel costs, the City purchased a compressed
natural gas system from Gas Service Energy Corporation (GSEC); and
WHEREAS, the compressed natural gas system did not perform in accordance with City
requirements; and
14HEREAS,the City was required to go to court in order to resolve its differences with
GSEC; and
WHEREAS, the parties have now agreed to settle the litigation by payment to the
City of $15,000, dismissal of a GSEC counterclaim for unpaid parts and dismissal
of the action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
1. The above-described settlement of the case of City of Iowa City v. Gas Service
Energy Corporation, Civil No. 86-39-0-2 (U.S. DistTrict Court, Sou cern Dis-
trict of Iowa) is hereby approved.
2. The Mayor and City Clerk are authorized and directed to execute a release of
the City's claims against GSEC, a copy of which is attached hereto.
3. The City Attorney or an Assistant City Attorney is authorized to sign and file
with the court a Stipulated Dismissal with Prejudice on behalf of the City.
4. The Legal Department shall deliver the foregoing release to GSEC in exchange
for payment of $15,000 and receipt of a release of GSEC's counterclaim.
It was moved by Strait and seconded by Ambrisco the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X COURTNEY
X DICKSON
X HOROWITZ
X LARSON
X MCDONALD
STRAIT
Passed and approved this 8th day of March 1988.
MAYOR
ATTEST:
J Approved as to Form
F
L_ K IL'�CF° 3;db'
Lega Department
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RELEASE AND ACKNOWLEDGEMENT OF PAYMENT IN FULL
The undersigned, John McDonald and Mariqn Karr, officers
of THE CITY OF IOWA CITY ("City"), each being of legal age
and capable of acting on behalf of City by authority
nt to City of the sum
of its
City Council, hereby acknowledge payme
Of Fifteen Thousand Dollars ($15,000.00) in consideration of
which City does hereby release, acquit and forever discharge
Gas Service Energy Corporation, a Delaware Corporation, and
all subsidiaries, affiliates, shareholders, directors, and
Officers of Gas Service Energy Corporation, from any and all
luding
causeslty of action of reverycnature affecting City,all claims,iemands which Ciand
ty
may have or ever claim to have by reason of alleged breach of
warranty in sale of natural gas compression, storage,
dispersion, and vehicle conversion equipment by Gas Service
Energy Corporation to city.
As further consideration of
agrees: said payment, City hereby
1. To dismiss City of Iowa City V. Gas Service Energy
Corporation, Civil No. 86-39-D-2 (S.D. Iowa, Petition filed
January 29, 1986).
2. That this release covers all injuries and damages,
whether known or not and which may hereafter appear or
develop arising from the matters referred to above.
3• That the above sum is all that City will receive
for its claims and no promise for any other or further
consideration has been made by anyone.
4. That this Release is executed as a compromise
settlement of a disputed claim, liability for which is
expressly denied by Gas Service Energy Corporation, and other
parties
constitutedean dadmi sioniabilityon the
e of Nlent of h above
sum does not
person or entity, part of any
5. That we are executing this Release solely on
reliance
representationsnmadedby Gas Service n
Service EnergyCorporationp
any or
others acting on its behalf.
WE HAVE READ THE FOREGOING RELEASE AND UNDERSTAND ITS
TERMS AND FREELY AND VOLUNTARILY SIGN THE SAME.
M
.363
DATED this 8th day of March
1988.
CITY OF IOWA CITY
By "
John McDonald, Mayor of Iowa City
Marian Karr, Clerk of Iowa City
STATE OF IOWA
COUNTY OF JOHNSON SS:
On this 8th day of March 1988,
before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared John McDonald and Marian
Karr, to me personally known, who being by me duly sworn,
did say that they are the Mayor and Clerk, respectively, of
the City of Iowa City executing the within and foregoing
Instrument, that said Instrument was signed on behalf of the
City of Iowa City by authority of the City Council and that
John McDonald and Mariqn Karr as officers acknowledge the
execution of the foregoing Instrument to be the voluntary act
and deed of the City of Iowa City by it and by them volun-
tarily executed.
Notary Public in and for said County and State
APPR ,VED AS7'p FORM
AS.
IAR
LEGAL DEPARTMENT
a
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