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HomeMy WebLinkAbout1987-02-10 Resolution3 6(6,) V mA'� RESOLUTION NO. 87-19 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: Ambrose-Lovetinsky Inc. dba Tycoon I.C. 223 E. Washington Street 36'x145' (renewal) It was moved by McDonald and seconded by Zuber that the Resolution as rea3 Be adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Ambrisco X Baker X Courtney X Dickson g McDonald X Strait X Zuber R Passed and approved this loth day of February , 19 87 �..e� Am a yor Attest:,,�J city Clerk rc� I RESOLUTION N0, 87_20 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following cation and 'paid the mulct firms and persons have made appli- tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY the applications be granted and the City Clerk be and he/she that e hereby directed to issue a the to the following named Persons and firms to sell cigarette papers and cigarettes: BravInvestments, 1922 Keokuk, (nett') Inc. dba Iowa City Liquor Store, 1922 K It was moved by McDonald that the Resolution as read b�aopted8eandduponyro 2uca were: 3�--—13—tT� re AYES: NAYS: ABSENT: Ambrisc°X Bake_ r X — Courtney y X Dickson om X McDonaldX Strait . C Zuber X Passed and approved this 10th 19 87 day of rebruary Attest; c.rty Clerk 0 i m1(�� , RESOLUTION NO. 87-21 RESOLUTION SETTING A PUBLIC HEARING ON THE IOWA CITY TRANSIT SYSTEM'S SERVICE REDUCTIONS AND FARE INCREASES AS PROPOSED IN THE FY88 BUDGET, - THESE REDUCTIONS ARE TO BE IMPLEMENTED MARCH 16, 1987, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Public Hearing be held in the Civic Center at 7:30 p.m., February 24, 1987, to permit any citizen to be heard for or against the proposed service reductions and fare increases to the Iowa City Transit system that will be implemented March 16, 1987. The City Clerk is hereby directed to give notice of public hearing and the time and place thereof by publication in the Iowa City Press-Citizen,re a newspaper of general circulation in Iowa City, at least fouys a o the time of such hearing. ra It was moved by McDonald and seconded by Zuber the Resolution be a op a an upon ro call there were: AYES: NAYS: ABSENT: X Ambrisco x Baker _x Courtney -x Dickson -x McDonald —� Strait --� Zuber Passed and approved this 10th day of February 1987. MA OR ATTEST: 44el, aid al Y CM 1 i RESOLUTION NO. 87_ 22 RESOLUTION SETTING PUBLIC HEARING ON THE OPERATING BUDGET ESTIMATE FOR THE FISCAL YEAR JULY 1, 1987, THROUGH JUNE 30, 1988, THE PROPOSED USE OF FEDERAL REVENUE SHARING MONIES FOR THE FISCAL YEAR JULY 1, 1987, THROUGH JUNE 30, 1988, AND THE PROPOSED FIVE-YEAR CAPITAL IMPROVEMENTS PROGRAM FOR FISCAL YEARS 1988-1992, i BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Public Hearing I be held in the Civic Center at 7:30 P.m., February 24, 1987, to permit any ' taxpayer to be heard for or against the proposed FY88 Operating Budget, the proposed use of Revenue Sharing monies for the year ending June 30, 1988, and the proposed FY88-FY92 Capital Improvements Program. i The City Clerk is hereby directed to give notice of public hearing and the i time and place thereof by publication in the Iowa City Press -Citizen, newspaper of general circulation in Iowa City, at least foua r ays a ore the time of such hearing. i I It was moved by McDonald and seconded b I the Resolution be a opte an upon ro call there were: the AYES: NAYS: ABSENT: X X Ambrisco , Baker X Courtney X Dickson X McDonald X Strait Zuber Passed and approved this 10th day of February 1987. , MAYOR ATTEST: -�(aeM,.d ne �iir CLERK If"6SA i I Jyl�. 1 I RESOLUTION NO. 87-23 YN SUBDIVISION PART RES03 UTION LOTS 23CEPTING THROUGHWORK 36, 43RTHROUGHTHEV63GANDPRO95,tEANDTFOROTYTN'CAEAE SUBDIVISION PART 4, LOTS 120 THROUGH 123 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Paving improvements for Ty'n Cae Subdivision Part 3, Lots 23 through 36, 43 through 63 and 95, and for ty'n Cae Subdivision Part 4, Lots 120 through 123 as constructed by Metro Pavers, Inc. of Iowa City,Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of -Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by McDonald and seconded by Zuber that the resolution as read be adopted-, and upon roll c -all there were: AYES: NAYS: ABSENT: Y Ambrisco X Baker X Courtney X Dickson X McDonald Y Strait Y Zuber Passed and approved this 10th day of February , 19 97. ATTEST:ai CITY CLERK She 171, a (5"/87 ti 31,1 CITY OF IOW CIVIC CENTER 410 E. WASHINGTON A CITY I ST. IOWA CITY, IOWA 52240 (319) 356-5C00 i February 3, 1987 f Y ENGINEER'S REPORT Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering bond sisnonffile inCity the CityClerk's office faCity. The quired maintenance Paving improvements for Ty 'n Cae Subdivision Part 3, Lots 23 through 36, 43 through 63, and 95, and for Ty'n Cae Subdivision Part 4, Lots 120 through 123 as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above-mentioned improvements be accepted by the City of Iowa City. Reapeds/ub�mitted, Frank K. Farmer, P.E. City Engineer FKF/mk re RESOLUTION NO. 87-24 RESOLUTION AMENDING THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE CLASSIFICATION OF AN AREA KNOWN AS STREB SOUTH INDUSTRIAL PARK FROM INDUSTRIAL TO COMMERCIAL, INTENSIVE. WHEREAS, the City's Comprehensive Plan is a statement of goals and poli- cies for the community; and i WHEREAS, in order to be an effective guide for a vital community, the plan must be flexible and amendable within the context of set goals and objec- tives it describes; and WHEREAS, the City Council of Iowa City finds that the majority of uses within the subdivision are intensive commercial in nature; that the subdi- vision is completely developed, and that individual lot sizes are too small to permit industrial redevelopment; and WHEREAS, based upon the proceeding findings, the City Council of Iowa City determines that Streb South Industrial Park is more suitable for intensive commercial development than for industrial development, and would not j conflict or be incompatible with surrounding properties intended for industrial purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: I The Comprehensive Plan maps be amended by changing the land use shown for Streb South Industrial Park from Industrial to Intensive Commercial. It was moved by McDonald and seconded by Strait the Resolu- tion be adopted, an upon ro call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT — X ZUBER Passed and approved this 10th day of February , 1987. P Y R ATTEST: LI CLERK Receivcd & A<p in,^.vca: By lhu Icgxi LgMan%gJ1 ay city of Iowa City .- MEMORANDUM Date: February 10, 1987 To: City Council From: Terrence L. Timmins, City Attorney Re: Streb South Industrial Park - Actual Effect of Proposed Rezoning Given the Impact of Airport Clear Zone Regulations I have prepared an exhibit to graphically demonstrate the impact of rezoning the Streb South Industrial Park from the current I-1 General Industrial designation to the proposed CI -1 Intensive Commercial designation. The proposal derives from the ex ectation of the owners of properties in the industrial park that if the propos rezoning occurs, they will "pick up" a number of additional potential uses, making their properties more usable and the more marketable. However, due to the fact that all but three of the lots in zoneiregulations of the Aark lie irport Zoningthe ear zone Ordinancefwouldaa - the clear lots within the park. The effect of the clear zone regulationsisto of the couple of potential uses under the present I-1 zoning, and to deny or limit several of the additional potential uses which would otherwise be available under the proposed CI -1 zoning. The exhibit attempts to illustrate this situation so that neither the City nor the applicants will have any unrealis- tic expectations as to what rezoning would accomplish. This alone should 4erreserve to reduce the potential for future conflicts as to what uses will be nce in Streb South Ind rial Park. . nmins, ,ty orney bj2/2 -I OGL- GLEAK Ovanm ZoNc DM� R o IS•E6`1.00 OA - APPEOAUI OVERLAY ZONE Iii ao8 r"', of np•^�w T U Y U LE 0 V w C Ut IOO> NCO wr d4- aw--YJ OM.- ro L dC N YY W 34-uY m O ^w � w as O O w L N Y N N a y Y N N L O d r• C CC V- N V ro ro Y Uw•r L•r O 10 N N vOr V G1 J U (O ro VV•r ww w O) 4- -T L L N L•r r• Y N L � N yj N N Y >f m YV%w N3•EE J L L ^ 10 NLt w aW O'O Ol >1 cmc N r r Y •N d C Z N J ro N w C N > O C L O mC .-. 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RESOLUTION SETTING FORTH REASONS FOR THE DENIAL OF REZONING OF PROP- ERTY KNOWN AS STREB SOUTH INDUSTRIAL PARK. WHEREAS, property owners within the subdivision have submitted an applicati to rezone Streb South Industrial Park from I-1 to CI -1; and on WHEREAS, the Department of Planning and Program Development analyzed the applicatiorr in its Staff Report dated October 16 denial of t�eaPplication and 1986 and recommended WHEREAS, onvember 20, 1986, the Plannin affirmative motion to recommend the rezoni 9, voted two in favor, against the rezoning for the following reaso S. nd Zoning Commission, on an four 1. That CI -I zoninl� is inconsistent with he City's Comprehensive Plan; 2. That the request ould constitute sot property to permit uses differen from zoning, by zoning the subject properties; the uses permitted on adjacent 3. That no compelling rea on was demonstrated by property owners within the subdivision to change t e zo Ing; I 4. That rezoning would redu the City zoned for Indus the already small number of acres of land in 'al uses; 5. That the subdivision ies long one of the entryways to Iowa City and felt CI -1 zoning woul have corridor; and detrimental impact on the Old Highway 218 6. That eight of the eleven lot ow ers within the subdivision have conform- ing uses in the -1 zone. WHEREAS, the City ouncil has examined he report of the Department of Plan- ning and Program evelopment, and Planni concurs with the' r findings. 9 and Zoning Commission action, and NOW, THEREFORE /BE IT RESOLVED BY THE CITY C NCIL OF IOWA CITY, IOWA, THAT: i The application to rezoneproperty I-1 to CI-Iis disapproved n he asis of therfo South industrial Park from 1. Rezon'ng would be inconsistent with the Cit ' fort in the 1983 Comprehensive Plan Us Comprehensive Plan, as set 2. Th proposed rezoning ispdatey , inconsistent with established land use patterns an the principal character of this area for industrial purposes; I 3. n light of surrounding land use pattes to change the zoning of the subdivision andnfudiminish exists amount of land designated for industrial uses. I i Resolution No. Page 2 It was moved by the Resolution be adopted, and upon roll ca1here and 7 theeWe dby AYES: were: NAYS: ABSENT: Ambrisco Baker y i Rocelved & A By The Jrytal Dup rhncnl 11 �_ _......_..._.. M,... /."2 G I I I i I bi ry rck RESOLUTION NO. 87-25 RESOLUTION APPROVING JOINT PARTICIPATION AGREEMENT WITH IOWA DEPARTMENT OF TRANSPORTATION FOR EXXON PETROLEUM OVERCHARGE FUNDS. WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its resi- dents with a public transportation system, and WHEREAS, the State of Iowa Department of Transportation has offered finan- cial assistance to local governmental units through the Exxon Petroleum Overcharge Program, and WHEREAS, funding in the amount of $22,300 has been granted to Iowa City Transit from the Exxon Petroleum Overcharge Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, THAT: 1. The Joint Participation Agreement between the City and Iowa Department of Transportation for Exxon Petroleum Overcharge Program funds is hereby approved. I 2. The Mayor is hereby authorized and directed to execute the Agreement on behalf of the City. It was moved by Zube_ rand seconded by Strait the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO XBAKER X COURTNEY X DICKSON X MCOONALD X STRAIT — ZUBER Passed and approved this 10th day of February , 1981. ATTEST: i' i Recti'Med ey The lolt'I J%'e wd i z�B R �n EXXON: FY 1987 JOINT PARTICIPATION AGREEMENT Program Title: Exxon Overcharge Fund Agreement Number: 1049 Issuing Agency: Iowa Department of Transportation Transit Agency: Air and Transit Division Iowa City Transit State Capitol 410 East Washington Des Moines, IA 50319 Iowa City, Iowa 52240 Project Manager: Name: Nancy J. Richardson Project Manager: Title: Deputy Director Name: John Lundell Phone: 515/281-4265 Title: Transit Manager �i Item Effective 1J Date 11/14/86 r Phone: 319/356-5154 Fiscal Summary Estimate Federal State Local Other Total c,.,...- .622,300.00 ration 622,300.00 6/30/87 ?, Contract Description: Energy Conservation Projects (Advance Funding) Sources Agency/Law: S.F. 2305, 1986 Session, Seventy-first General'Assembly e �? Related Contracts: None r f IN WITNESS WHEREOF, the parties hereunto have caused this AGREEMENT to be executed by (; their proper officials thereunto duly authorized as of the dates below indicated, in consideration of the mutual covenants, promises and representations herein. ( Issuing Agency: Iowa Department of Transportation Transit Agency: Air and Transit Division Iowa City Transit F �(hereinafter calmed the "DEPARTMENT")hereinafter called the "AGENCY") i' By: Lr7�+i��a 0 /���ta tit9�h� ' Nancy J. Richardson Director By Name it a William J Ambrisco Mayor Name it e Date: February 18 1987 Date: 2/10/87 E f I 4 i (iecnh� (tS �isi�urtt�' iTh,, t .,.. r n,.. ( 1 P3rhnanf EXXON: FY 1981 IOWA DEPARTMENT OF TRANSPORTATION AIR AND TRANSIT DIVISION JOINT PARTICIPATION AGREEMENT FOR THE EXXON PETROLEUM OVERCHARGE PROGRAM PART I: ASSURANCES AND CERTIFICATIONS: 1.0 General Provisions None 2.0 Roles and Responsibilities of the Agency 3.0 Roles and Responsibilities of the Department f 4.0 No Provisions 5.0 Performance Standards 6.0 Finances 7.0 Reporting Requirements Also made part of this AGREEMENT not here attached are the following standard provisions: IPART II: APPENDICES 8.0 Contract Non-Performance B. Cost Principles (OMB A-87) (1/15/81) 9.0 Settlement of Disputes G. Title VI, Civil Rights Act of 1964 10,0 Termination or Suspension of J. Iowa DOT-IAC, Transportation Project Procurement, 820-[01,6] Chapter 2 11.0 Renewal, Renegotiations, and S. Audit Requirements (OMB A-128) Modifications (4/12/85) 12.0 Hold Harmless T. Audit Requirements-(OMB A-110) 13.0 Assignability and Subcontracting (7/30/76) 14.0 Interest and Prohibited U. Iowa DOT Procurement Protest Interest Procedure 15.0 Additional Agreement Provisions EE PART I: 1.0 GENERAL PROVISIONS 6 1.1 PURPOSE OF AGREEMENT The purpose of this AGREEMENT is to provide financial assistance to the F AGENCY to implement the PROJECT ELEMENTS listed in Section 6.21 of this AGREEMENT and hereinafter collectively called the "PROJECT". 1.2 ITEMS COVERED BY THE AGREEMENT k h Items covered by this AGREEMENT include the parties to the AGREEMENT, the } terms and conditions upon which funding will be provided and the understandings and promises made as to the manner in which the PROJECT will be undertaken and completed, f 1.3 DEFINITIONS OF TERMS 2 218 EXXON: FY 1987 The following terms when used in this AGREEMENT will have the following meanings: (A) PROJECT ELEMENT - Specific element or task of this AGREEMENT described in Section 6.2 for which a ceiling amount has been established. (B) CEILING AMOUNT - Maximum amount assigned to specific PROJECT ELEMENTS of this AGREEMENT, or for this AGREEMENT as a whole. (C) AGENCY - Exxon Overcharge Fund recipient. (D) DEPARTMENT - Iowa Department of Transportation. (E) PERFORMANCE UNIT - Negotiated basis of payment based on some verifiable operating statistic other than cost. i 2.0 ROLES AND RESPONSIBILITIES OF THE AGENCY 2.1 The AGENCY shall perform such operations as stated in the AGREEMENT, or amendments to this AGREEMENT, for which financial assistance is being provided by the DEPARTMENT pursuant to this AGREEMENT, and amendments, if any. 2.2 The AGENCY shall disclose to the DEPARTMENT any additional funding sources that may be acquired or made available to the AGENCY during the AGREEMENT period. 3.0 ROLES AND RESPONSIBILITIES OF THE DEPARTMENT 3.1 The DEPARTMENT will fund the AGENCY for all justified and complete billings. ` "`However', the DEPARTMENT may deny part or all of any funding -request -front -the 1 AGENCY that the DEPARTMENT feels is not warranted or justified or that may exceed the rightful amount of funding to the AGENCY. 3.2 The DEPARTMENT shall provide management and technical assistance to the AGENCY as noted and detailed in Chapter 601J of the Code of Iowa (1985). 4.0 NO PROVISIONS 5.0 PERFORMANCE STANDARDS 5.1 through 5.5 - NO PROVISIONS 5.6 DATA AND FINANCNC L R RIING ACCURACY 5.61 The AGENCY shall be responsible for seeing that a set of accounts is established to which all related costs, revenues, and operating sources are recorded so that they may be clearly identified, easily traced, and substantially documented. 5.62 The AGENCY may charge all eligible and allowable costs to the PROJECT. (A) Eligible costs are those costs attributable to the specific work - -covered by this AGREEMENT. 3 42ta -1 EXXON: FY 1967 (B) No cost incurred by the AGENCY or any of its contractors prior to the starting date or after the ending date of this AGREEMENT will be eligible for reimbursement under this AGREEMENT. (Refer to cover page of this AGREEMENT for dates.) (C) All costs to be charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, vouchers, warrants, contracts, and any other support evidencing that those costs were specifically incurred and paid. All documentation of reimbursable costs shall be clearly identified and readily accessible. 5.7 NON-DISCRIMINATION 5.71 Civil Rights i The AGENCY will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 and the non-discrimination clauses found as Appendix G in the agreement binder and hereby made a part of this AGREEMENT. 5.72 Equal Employment Opportunity ;( j (A) In connection with the execution of this agreement, the AGENCY l I shall not discriminate against any employee or applicant for Ij employment because of race, age, handicap, religion, color, sex, or national origin. The AGENCY shall take affirmative action to insure treatedthat duringtheirnts are employment,owithoutdthat regardetoltheis are r race age, -- handicap, religion, color, sex, or national origin. Such actions shall include, but not be limited to_.the.following: employment, promotion, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or j other forms of compensation, selection for training (including apprenticeship), procurement of materials, and leases of equipment. The AGENCY shall not participate either directly or indirectly in prohibited discrimination. (B) In all solicitations either by competitive bidding or negotiation made by the AGENCY for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the AGENCY tive tonondiscriminatiioon ontheggroundsuoferace,sage, handicapAGREEMENT ,acolor, sex, national origin, or religion. i ( 5.73 Disadvantaged/Women Business Enterprises In i connection ll cooperate with wthe DEPARTMENT mincmeeting e of �its Gcommitments eand Egoals NCY �with regard to the maximum utilization of disadvantaged/women business enterprises and will use its best efforts to insure that 4 .pie r EXXON: FY 1987 disadvantaged/women business enterprises shall have the maximum practicable opportunity to compete for subcontract work under this AGREEMENT. 5.8 NO PROVISIONS 5.9 PROJECT T PRS 5.91 Purchase of Property and Services The AGENCY shall comply with the following (found in the agreement binder): Procurement procedures (A) OMB A-87 (Appendix B), (B) Iowa DOT -IAC, Transportation, Procurement (Appendix J) and (C) Iowa DOT Procurement Protest Procedure (Appendix U). The AGENCY shall submit bid specifications to the DEPARTMENT for approval by the DEPARTMENT prior to release of those specifications to Possible bidders. ( The AGENCY shall submit any requests for changes or clarifications in the bid 1 response stocsuch arequests totions by etheuDEPARTMENT�forlitytheireconcurrence in such responses. The DEPARTMENT shall concur in the bid award prior to servicreement or contract being executed for the PROJECT property or 6.0 FINANCES 6.1 METHOD OF PAYMENT The method of payment by the DEPARTMENT is the funding up to limits described in this AGREEMENT, as follows: j 6.11 For the Contract Amount in this AGREEMENT in Section 6.21,the DEPARTMENT will fund the AGENCY for the AGENCY's approved amount of Exxon Overcharge funds. The AGENCY is entitled to use this funding according to the terms of this contract. 6.12 For each PROJECT ELEMENT in this AGREEMENT in Section 6.21, the DEPARTMENT will fund the AGENCY for the lesser of the following two amounts: (A) CEILING AMOUNT established in this AGREEMENT for the PROJECT ELEMENT as denoted in Section 6.21; or (B) The amount corresponding to the negotiated method of payment i. If based on reimbursement per performance unit - then the amount corresponding to the number of performance units documented as accomplished multiplied by the reimbursement per performance unit established in Section 6.22; or E Q.1e i NJ i EXXON: FY 1587 ii. If based on a percentage participation in actual PROJECT costs - then the amount corresponding to the actual documented costs multiplied by the participation percentage established in Section 6.22. 6.13 Advance allocations of Exxon Overcharge funds will be made to AGENCY in accordance with procedures denoted in the contract between the Iowa Department of Transportation and the Iowa Department of Natural Resources. 6.14 If total advance funding for PROJECT ELEMENTS exceeds the amount eligible for payment under this AGREEMENT (to be reported under Section 7.34 of this AGREEMENT), the AGENCY will be invoiced for the overpayment by the DEPARTMENT. 6 EXXON: FY 1987 6.2 FINANCIAL LIMITS 6.21 The DEPARTMENT's participation in the PROJECT cost will be limited to the following funding criteria: DEPARTMENT'S PROJECT ELEMENT CEILING AMOUNT 1. Purchase and Installation of Energy $ 5,500.00 Management Software 2. Improve Service on the Hawkeye Route $12,300.00 3. Establishment and Promotion of a Park and $ 4,500.00 Ride Lot DEPARTMENT'S TOTAL CEILING AMOUNT $22,300.00 6.22 The DEPARTMENT shall verify and fund the eligible cost of the PROJECT ELEMENTS based on the following. Rate of Reimbursement per 7 911 -I Performance Unit or Specific Line -Item Expenses or Cost DEPARTMENT'S PROJECT Allocation Factors to be Used PARTICIPATION PERCENTAGE ELEMENTS in Documenting Project Cost 1. Purchase and Department shall pay (up to the Department's 100% Installation of ceiling amount) actual cost of purchase and Energy Management installation of energy management software for the Iowa City Transit Facility. Allowable Software costs include purchase of the software and custom programming required. The Department must approve the software to be acquired. Invoices showing costs must be provided. 2. Improve Service Iowa City Transit (ICT) will add an additional 100% an the Hawkeye vehicle on the Hawkeye Route during peak hours. Route This will result in 4.5 additional hours of service for 94 days between 11/14/86 and 5/1/87, resulting in an additional 423 vehicle hours. ICT will be reimbursed $32.16/hr. (its actual FY '86 cost/vehicle hour) up to maximum of $12,300.00. ICT will provide trip sheets verifying the additional hours of service. 7 911 -I 3. Establishment and Department shall pay (up to the Department's 100% Promotion of aceiling amount) actual costs including staff Park and Ride Lot time, equipment acquisition and installation, and promotional costs such as printing, advertising and mailing for establishment of a park and ride lot in Iowa City. Invoices must be provided showing cost. Copies of promotional materials must be provided to 4 the Department. s w s' 7a EXXON: FY 1987 6.3 PAYMENT OF FUNDS 6.31 For any individual PROJECT ELEMENT not implemented by the AGENCY there will be no funding by the DEPARTMENT. 6.32 PROJECT ELEMENT overruns shall be the responsibility of the AGENCY. 6.33 Any revenue generated by interest payments on funds paid to the AGENCY under this AGREEMENT shall be returned the the Energy Conservation Trust Fund. 6.34 If the AGENCY has received a loan from the DEPARTMENT, payments on the loan must be current, according to the payback plan on file with the DEPARTMENT. If loan payments are not current, the DEPARTMENT may, at its discretion withhold funds until the loan payments are current. 6.4 NO PROVISIONS 6.5 AUDIT AND INSPECTION OF BOOKS, PROPERTY AND SERVICE 6.51 The AGENCY will be responsible for securing proper auditing in accordance with OMB Circular A-128 or A-110 as appropriate (Found in Appendix S or T, respectively, in the agreement binder). Such audit shall list, by contract, all federal and state funds received for support of transit operations and capital. 6.52 Two (2) copies of the audit prescribed in Section 6.51 of this AGREEMENT shall be sent to the DEPARTMENT by the AGENCY. The required A-128 or A-110 audit is to be submitted to the DEPARTMENT no later than one (1) year from the date of the AGREEMENT termination, as shown on the cover page of this AGREEMENT. Failure to furnish an acceptable audit as determined by the DEPARTMENT'S Office of Audits may be a basis for denial and/or refunding of state and federal funds. 6.53 All accounting practices applied and all records maintained will be in accordance with generally -accepted accounting principles and procedures. 6.54 The AGENCY shall require its contractors to permit the DEPARTMENT's authorized representatives to inspect all work materials, records, and any other data with regard to the AGREEMENT. { 6.55 All records applicable to the PROJECT must be retained and available to the DEPARTMENT for a period of three (3) years after the issuance of the audit 2 report. The AGENCY shall provide copies of said records and documents to the DEPARTMENT upon request. 6.56 The AGENCY shall provide all information and reports required by the DEPARTMENT, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the DEPARTMENT to be pertinent to ascertain compliance. Where any information i required of the AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, the AGENCY shall so certify to the DEPARTMENT_and shall set forth what efforts it has made to obtain the information. [3 Xa EXXON: FY 1987 5.57 The AGENCY shall permit the DEPARTMENT or its authorized representatives to inspect all vehicles, facilities and equipment that are part of the transit system, all transportation services rendered by the AGENCY by the use of such vehicles, facilities and equipment, and all transit data and records. I 7.0 REPORTING REQUIREMENTS i 7.1 ENERGY SAVINGS REPORTS 11 he G NCI agrees to compile statistics on energy savings achieved by the project and report them in accord with Department of Natural Resources requirements. 7.12 Failure by the AGENCY to submit any required reports to the DEPARTMENT i may result in funds being withheld. 7.13 If funding has been received through negotiated PROJECT ELEMENTS under the AGREEMENT, the AGENCY agrees to submit documentation of either the actual PROJECT ELEMENT costs or the number of performance units accomplished for each negotiated PROJECT ELEMENT depending upon the respective negotiated method of payment. 7.4 REPORT SUBMISSIONS All reports and submissions from the AGENCY concerning this AGREEMENT shall be sent to the Air and Transit Division, Iowa Department of Transportation, State Capitol, Des Moines, IA 50319. E r.�