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HomeMy WebLinkAbout1987-09-08 Resolution.1. Y , 0< RESOLUTION NO. 87_2.30 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 j 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: 313 Corporation, dba Dubuque Street Brewing Co. were: It was moved by Strait and seconded by Zube that the Resolution as res e a opted, and upon rol ca t ere Ambrisc Baker Courtney Dickson McDonald Strait Zuber AYES: NAYS: ABSENT: x x x .x Passed and approved this 8th Y da of September � 19 87 , Mayor_ Attest: ,:2d �/ �//" City Clerk ISMS x x x Passed and approved this 8th Y da of September � 19 87 , Mayor_ Attest: ,:2d �/ �//" City Clerk ISMS ,kb RESOLUTION NO. 87.287.231 RESOLUTION OF INTENT TO CONVEY TO THE ADJACENT PROPERTY OWNERS THE NORTH -SOUTH ALLEY BETWEEN BLOOMINGTON STREET AND DAVENPORT STREET. WHEREAS, this City Council intends to vacate the north -south alley between Bloomington Street and Davenport Street. Said alley is legally described as follows: Beginning at the Northeast corner of Lot 4, Irish's Extension to Wood's Addition; thence South along the Easterly Lot lines of Lots 4, 3, 2 and 1 of said subdivision, a distance of 320 feet to the North Right -of -Way line of Bloomington Street; thence Easterly along said Right -of -Way line a distance of 16 feet to the Southwest corner of Lot 6, Pleasant Place Addition to Iowa City; thence Northerly along the Westerly lot lines of Lots 6 and 5 of said Pleasant Place Addition to the southerly Right -of -Way line of Davenport Street; thence West 16 feet to the place of beginning, which property is the North-South alley between Bloomington and Davenport Streets one block east of Reno Street. WHEREAS, the alley right-of-way is not needed by the City; and WHEREAS, the only property requiring access belongs to Nicholas and Iris Peet, and WHEREAS, Nicholas and Iris Peet have submitted a request to purchase the vacated alley right-of-way; and WHEREAS, $500 has been determined to be the fair market value of said alley and the Peets have agreed to pay $500 for said acquisition, and WHEREAS, the other adjacent property owners have agreed to accept title by quit claim deed to the half of the alley abutting their property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to convey its interest in the above-described s Cibdvacated dppopttthe tentire and the other ertyowners,suject toan easement overthe oIleyfor public AND, BE IT FURTHER RESOLVED THAT: A public hearing on said proposal be set for Septemer 29, 1987, and that the o. City Clerk be and is hereby authorized, empowered and directed to cause Notice of Public Hearing to be published as provided by law relative to the proposal hereinabove set forth. /0 ,n• F Resolution No. 87-231 Page 2 It was moved by Dickson and seconded by Zuber the Resolution be adopted, an upon ro call there were: AYES: NAYS: ABSENT: X Ambrisco j X Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 8th day of September 1987. M DR ATTEST: -A! 16 .w J CITIFCLERK Reesived m Appfoveid By The legni Dr arhmmnt /07 75' ab .o• RESOLUTION NO. RESOLUTION OF INTENT TO CONVEY TO THE ADJACENT PROPERTY OWNERS THE NORTH -SOUTH ALLEY BETWEEN BLOOMINGTON STREET AND DAVENPORT STREET. �WHEREAS, this City Council did, pursuant to Ordinance No. 87- nd approved the day ofMT,passed nLrth-south alley eTi tween Bloomington S reet an Davenport Street.S catetthee a11Ry is legally described as follows: \Beginning at the Northeast corner of Lot 4, Irish's Extension to Wood's Addition; thence South along the Easterly Lot lines of Lots 4, \3, 2 and 1 of said subdivision, a distance of 320 feet to the North Right -of -Way line along of Bloomington Stre t; thence Easterly said Right -of -Way line a distance of 16 eat to the Southwest corner\of Lot 6, Pleasant Place Additio to Iowa City; thence Northerly\ along the Westerly lot lines f Lots 6 and 5 of said Pleasant Place Addition to the so ut rly Right -of -Way line of Davenport S reet; thence West 16 fe to the place of beginning, which proper is the North-South alley between Bloomington and Davenport Stre is one black east Reno Street. WHEREAS, the alley rig t -of -way is of needed by the City; and WHEREAS, the only proper re iring access belongs to Nicholas and Iris Peet, and WHEREAS, Nicholas and Iri P t have submitted a request to purchase the vacated alley right-of-wa , and WHEREAS, $500 has bee determined t be the fair market value of said alley and the Peets have a eed to pay $500 or said acquisition, and WHEREAS, the other, adjacent property ow ers have agreed to accept title by quit claim deed the half of the alley a utting their property. NOW, THEREFOR BE IT RESOLVED BY THE CITY CO NCIL OF IOWA CITY, IOWA, THAT: The above-ownedbvacatedre its intent alley to the o el anconved the its iothersadjacent property /owners, subject to an easement over th entire alley for public utilities. AND, BE IT FURTHER RESOLVED THAT: A pGblic hearing on said proposal be set for Septemer 29, 1987, and that the City Clerk be and is hereby authorized, empowered and irected to cause Notice of Public Hearing to be published as provided by la relative to the I hereinabove set forth. /a? / aT X. 700 B00 900 1000 1100 u • .. - ./ t FAIRCHILD STREET t •• I.rlal. 10 9 0 1 10 9 e 7 6 � 4 a t r 1• e 4 3 z 1 m9a 6 X. M 21 •t YI Y u • .. - ./ IY •. I.rlal. 10 9 0 1 10 9 e 7 6 II©OKI Py'�11111 t DAVENPORT STREET I. ..I Far tifl,"La w p70 tilT! 4 7 N. 1200 1300 10 c e e 1 4 7 2�w M 1 3 e BLOOMINGTON x STREET W I z 3 4 -5 i OL 6 0- %. ROCHESTER 7 p 1 1 3 p 7 et 1 O 1400 1S P o 1e n• le RI .. 2T 30 I 32 33 34 35 6 7 e p 10 t W T N 3 y 3 NUE s -- Y • Y ., .. �,! 4 a z 1 -1 2 a 4! a 7Ia19110111112.I1111213PU41316 t MARKET t ~ I TREFJ 1 m - JEFFERSON 4 3 2 '1 1 o t 1• s 4 7 z 1 JwIn s "a w W Jp Y S 3~ s STREET 3 2 I 1 I -, 1 1a i M 21 •t YI Y • 16 17 ./ IY - 10 9 0 1 6 3 e 7 � 1200 1300 10 c e e 1 4 7 2�w M 1 3 e BLOOMINGTON x STREET W I z 3 4 -5 i OL 6 0- %. ROCHESTER 7 p 1 1 3 p 7 et 1 O 1400 1S P o 1e n• le RI .. 2T 30 I 32 33 34 35 6 7 e p 10 t W T N 3 y 3 NUE s -- Y • Y ., .. �,! 4 a z 1 -1 2 a 4! a 7Ia19110111112.I1111213PU41316 t MARKET t ~ I TREFJ 1 m - JEFFERSON 4 3 2 '1 1 o t 1• s 4 7 z 1 JwIn s "a w W Jp Y S 3~ s STREET 3 2 I 1 I -, 1 1a i M 21 z0 19 le 17 16 17 14 13 F - e HUIL AVENUE •. 3 23 1 24 1 zs 126 1 27 120 1 T9 130 1 a1 3 4 j -1] 12 11 10 1 9 1 e 7 « Y Y YI W i 1. \t IOWA AVENUE T WOOOLAWI AX!: (PRIVATE) 3 1 •0" � PMI nM V+n L22 P !9 13F 136 135 1 34 133 3 "n .V' RESOLUTION NO.Gj/_1 9 1 RESOLUTION APPROVING THE FINAL PLAT OF PRAIRIE VIEW ESTATES, PART TWO, OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, Thomas Wegman, A&A Coins, Inc., and Doris Marchael have filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Prairie View Estates, Part Two; 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 fina approval of same; and l plat and have recommended WHEREAS, the 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; and WHEREAS, the final plat is found to conform with all the pertinent requirements Of City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the final plat of Prairie View Estates, Part Two, is hereby approved. 2. That the Mayor and the City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution which shall be affixed to the final plat; to execute such legal documents as the City Attorney shall approve with respect to this subdivision 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 and seconded by Resolution be adFPTe_F,__a_nd ro Fcall there were: the AYES: NAYS: ABSENT: Passed and approved this day of • ATTEST: i Ambrisco Baker Courtney Dickson McDonald Strait Zuber 1987. Recelved & Approved Ily Tho Loge) Depaimmit /cls 9/3 i� AR 7 ,o• STAFF REPORT To: Planning and Zoning Commission Item: 5-8717. Prairie View Estates, Part Two j GENERAL INFORMATION A Lica t Requested action: Purpose: Location: Size: Existing land use and zoning: Existing improvements: Surrounding land use and zoning: Fringe area: Applicable regulations: File date: 45 -day limitation period: Prepared by: Barry Beagle Date: August 20, 1987 Dean Oakes Hawkeye State Building Iowa City, Iowa 52240 Phone: 338-1144 Final Plat Approval. To establish a ten -lot resi- dential subdivision in the county. Immediately north of I-80 and east of Prairie du Chien Road, 13.87 acres. Undeveloped; RS, Suburban Residential (County). None. North - Undeveloped; A-1. South - I-80; RR -1. East - Undeveloped; RS. West - Single -Family Residen- tial; RS. Area 3. Fringe Area Policy Agreement, City Rural Design Standards, Stormwater Management Ordi- nance and provisions of the Subdivision Regulations. July 29, 1987. September 11, 1987. /J1 79 .1. SPECIAL INFORMATION Public utilities: Public utilities are presently not available. Individual septic/absorption field sys- tems will be used for sewage disposal. Water service will be provided by two (2) wells and a private water distribu- tion system. Public services: Police protection will be provided by Johnson County. Fire protection will be Transportation: pro - vided by the City of Solon. The subdivision is accessible from Prairie du Chien Road via Kyle Drive and Banbury Street. Physical characteristics: Topographically, the site is moderately sloping, draining to the north and east at a grade of 5-14 percent. ANALYSIS The applicant is seeking final plat approval of Prairie View Estates, Part Two, a ten -lot residential subdivision located immediately north of I-80 in the County. The preliminary plat of Prairie View Estates, Part was approved by the City Council Two, on June 30, 1987, with the stipulation that a note be added to the final plat that Devon Drive be improved prior to any further development of Lot 25, Prairie View Estates, part One. The Proposed final plat is in substantial compliance with the design of the approved preliminary plat. During discussion of the preliminary plat the applicant requested that the north and east ends of Devon Drive be temporarily constructed of a Scrushed stone surface to permit settling and compaction of fill material tandardspisiagsixT(6)he minchurolleddstoneards sbaselwithied ba chipseathe l ssurface esiAs was recommended by the Commission, the City Council approved the prelim As nary plat allowing both ends of Devon Drive to be temporarily constructed of a crushed stone surface provided a note was added to the final plat insuring its ultimate improvement. Accordingly, the proposed final plat contains the following note: 'The easterly 120 feet and the northwesterly 195 feet of Devon Drive shall be improved in accordance with applicable 25ofPrairie View E t tes,of vaparty0nerior to further resubdivision of Lot is the applicant's attorney to prepare a legal documentThe lealalwhich workin wthe future improvement of Devon Drive according to these standards. /A 7! 3 The issue of secondary access was also raised during the course of review- ing the preliminary plat. It is staff's contention that further resubdivision of Lot 25, Prairie View Estates, Part One not be allowed until secondary access to this development is established. As the total number of lots increases, a greater burden will be placed upon Kyle Drive to provide access for the entire development. As a result, the function and utility of Kyle Drive as a local street will ultimately be exceeded as congestion increases, diminishing the convenience of access for residents of the development as well as the ease of providing emergency and public services. More than likely, Devon Drive will provide the means of secon- dary access to the development. As a collector/arterial street, Devon Drive will serve as the primary transportation link between Prairie du Chien Road and Highway 1 to the west for properties between Rapid Creek and I-80. Since it is a private road, the legal papers should specify that Devon Drive shall remain open to the public and accessible to adja- cent properties to ensure its continuation. i The final plat identifies a 2.85 acre stormwater management detention facility. It has been determined by the Public Works Department that this facility will provide adequatej storage for all 34 lots of the Prairie View Estates development. To date, the City has permitted the construction of stormwater detention basins to be delayed, provided the owner agrees that the City has the right to review the installation of such facilities upon the occurrence of one of the following events: 1. A resubdivision of any lot within the subdivision; 2. The passing of 15 years from the date of final approval by the City; or 3. Annexation of the subdivision by the City. Except for a few minor deficiencies and discrepancies, the proposed final plat of Prairie View Estates, Part Two is in substantial compliance with the Subdivision Regulations and Fringe Area Policy Agreement. STAFF RECOMMENDATION Staff recommends that the final plat of Prairie View Estates, Part Two be deferred. Upon resolution of the deficiencies and discrepancies listed below, staff would recommend approval of the plat. DEFICIENCIES AND DISCREPANCIES 1. Submission of the required legal papers including provisions for the deferral of stormwater management and the future improvement of the .o• north and east ends of Devon Drive in accordance with applicable standards of the City of Iowa City and that Devon shall remain open to the public and accessible to adjacent properties. 2. Submission of a letter from the developer's engineer establishing a fire rating for the area and a letter of transmittal from the City of Solon. 3. Indicate the right-of-way width of Kent Court. r /4R 79 n ATTACHMENTS 1. Location map. 2. Final plat. Approved by: D a Sc meiser, Direc or Department of Planning and Program Development /,2 7! .o• 210 LOCATION MAP S-87 -17 q pr .V' RESOLUTION NO. 87-232 RESOLUTION APPROVING THE AMENDED PRELIMINARY PLAT OF DEAN OAKES SECOND ADDITION, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Dean Oakes, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the amended preliminary plat of Dean Oakes Second Addition; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed amended preliminary plat and have recommended approval of same; and WHEREAS, the amended preliminary plat has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the amended preliminary plat is found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the amended preliminary plat of Dean Oakes Second Addition is hereby approved. It was moved by Zuber and seconded by Baker the Resolution be adopted, an upon rol call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X Dickson X X McDonald X Strait Zuber Passed and approved this 8th day of September 1987. ATTEST: pair LRK Reeaivatl $ APAmvad DV Thn too '.j t%�.� ormere _ ..---%3f�N7__ /•� trio ,o• W {% STAFF REPORT To: Planning and Zoning Commission Item: S-8718. Dean Oakes Second Addition GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: File date: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Prepared by: Monica Moen Date: August 20, 1987 Dean Oakes Hawkeye State Bank Building Iowa City, Iowa 52240 Phone: 338-1144 Approval of an amended prelimi- nary subdivision plat. To permit development of 17 single-family residential lots. Quincent Street extended. 49.7 acres, Short-range: Agricultural, Rural Residential, Long Range: Residential. Agricultural and undeveloped; RS -5 and RR -1. North - Undeveloped; RS -5, RR -1. East - Undeveloped; RS -5, RR -1. South - Single-family residen- tial; RS -5. West - Undeveloped; RR -1. Provisions of the Subdivision Regulations, Stormwater Manage- ment Ordinance. July 29, 1987. September 14, 1987. Adequate sewer and water services are available. Three lots will require the use of private sewage disposal systems. Sanitation service will be pro- vided by the City. Police and fire protection are available. /.7 000 Transportation: Physical characteristics: BACKGROUND Vehicular access is provided via Quincent Street. Future secondary access is proposed via the exten- sion of "Foster Road." The topography is gently to steeply sloping. On June 2, 1987, Council approved the preliminary PlatQuincent Addition, an approximate 49.7 acre tract of landlocatedfnorth anDean d w stoof rStreet extended. e esidentiallotsandrreservesapsubstantialdareaheinl the �norothernia14 ndewestern Portions of the tract for future development. The amended plat under consideration revises the approved preliminary resubdividing Lots 9-13 of the approved plat into Lots 9-16 as shown on the amended plat. Three additional lots and another street, Rita Lynn Court taarecreated as a result of the proposed amendment. Lots 1-8, Lot 17 and the proposed alignments of Quincent Street extended and "Foster Road" remain the same; they are unaffected by the revisions. ANAL Zoning Ordinance Compliance Lots 13, 14 and 15 of the amended plat are located within the RR -1, Rural Residential zone; the remaining lots are located within the RS -5 Single-family Residential zone. All of the lots meet the minimum dimensional requirements specified within the ordinance. Due to the presence of Lots 13, 14and 15 in the Rapid Creek watershed that drains north, beyond the Iowa City corporate limits, these lots cannot be served by municipal sewer service unless a lift station or individual sewage lift pumps are employed to bring the flowage into the serviceable Ralston Creek watershed to the south. The plat notes that these lots will each be serviced by a private sewage disposal system instead. Each of the three lots exceeds the one acre minimum required for private sewage disposal. Within the City, if an area cannot be serviced directly by the municipal sewer system but where access to the system is available, the use of a lift station rve over htherea or use Ofhindivid aluse inseptdicalsystemste sThe Citi ft pumps Jurisdiction over the location of septic systems on a lot no reserved for the County Health Department. that authority is the use and installation of lift stations andhsewage does, however, review systems and lift stations and pumps are susceptible to faiPure, the septic associated with lift stations and pumps are confined f individual proper- ties. Surcharge from septic systems, on the other hand, can flow onto adjoin- ing properties and affect groundwater sources. In the municipal sewer system is available, the option inofaemploying nces eliftepumps to transport sewage to this system should be explored. If individual sewage lift pumps can be used to service Lots 13, 14 and 15 of the proposed subdivi- /0?80 .o• sion, this system should be used in lieu of the septic systems proposed. If septic systems are the only method of sewage disposal available, however, acknowledgement from the Johnson County Health Department that the proposed locations of the sewage disposal systems meet County health standards should be submitted by the applicant. Subdivision Code Compliance The proposed subdivision generally complies with the regulations of the Iowa City Subdivision Cade. The review of this subdivision is restricted to the merits of the design proposed for the 17 residential lots and the Quincent Street and Rita Lynn Court right-of-way alignments. Approval of the proposed amended subdivision should not be construed to include approval of the con- figuration of the lots in the area identified as "Future Development" on the amended preliminary plat. t The 15 foot stormwater drainage easement located between Lots 14 and 15 will serve to contain stormwater draining into the curb inlet shown in the vicin- ity of Lot 7 on Quincent Street and into the inlet serving Rita Lynn Court. A pipe with a flared end section (F.E.S.) will contain this stormwater. With submission of storm sewer construction plans at the time of final plat appli- cation, provisions for energy dissipators, or erosion control methods, in the vicinity of the flared end section of the pipe should be noted. Provisions for a temporary turnaround at the northern terminus of Quincent Street to facilitate the circulation of emergency and maintenance vehicles has been eliminated on the amended plat. Rita Lynn Court is expected to serve in this capacity instead. The City Fire Department has indicated that this revision satisfactorily meets its circulation needs. Prior to final plat approval, the legal description shown on the amended preliminary plat must be revised so that it closes within the acceptable range specified within the Subdivision Code. Secondary Access Provisions for secondary access assure accessibility for emergency and serv- ice vehicles and reduce the impact of the new subdivision on the existing neighborhood. Due to the location of the Quincent Street/Oakes Drive inter- section in close proximity to Dubuque Road, however, the proposed subdivision is not expected to have a disruptive impact on a sizeable portion of the existing development. Because the depth of the block between Quincent Street and Dubuque Road is only two lots wide, the risk of emergency vehicles being unable to access properties fronting Quincent Street and Rita Lynn Court due to a blockage within this two lot block is relatively small. Secondary access to serve existing lots and the lots proposed within the development is, therefore, not required. Development of the portion of the tract identi- fied as "Future Development" will, however, necessitate provisions for secon- dary access. Economic Impact Although rollbacks of assessed values and tax levies change from tax year to tax year, it is possible to estimate the annual taxes that would be generated by the development of each lot within the proposed subdivision. Given the /,?80 .Y' value of existing residential developments in the immediate area of the proposed subdivision, the assessed value of each lot, including a residential dwelling is estimated to be $150,000. For rolled xbackptoe77.3604% the volfeof theirassessed residential values.within Citytax this tax levy pres- ently imposed upon a residential use is $11.54919/$1,000 of assessed evalua- tion. Assuming a lot in the proposed subdivision is developed and thattheproperty has an assessed value of $150,000, the amount of tax due on that property this year would be as follows: $150,000)(.773604)($11 54919) _ $1340.17 1,000 If t the Cityewoulderealize wanhannual in the increase inb bthosed e stax base ofion were vapprroximately $22,780. While no direct construction costs to the City are required with this subdi- livision, indirect costs such as garbage pickup, maintenance of streets and ncurred. Withal ties increaseder and residentialydevelopm deveand lopment, schools Protection are the Public library, the transit system, and roadways outside the development are also impacted. This subdivision is not expected, however, to impact the City s ability to provide municipal services. STAFF RECOMMENDATION Staff recommends that consideration of the amended preliminary plat for Dean Oakes Second Addition be deferred but that upon resolution of the deficiency listed below, the plat be approved. DEFICIENCY 1. The subdivider should explore the use of individual private sewage lift PUMPS to service Lots 13, 14 and 15. However, if septic systems are the only method of sewage disposal available, acknowledgement from the John- son County Health Department that the proposed locations of the sewage disposal systems meet County health standards should be submitted by the applicant. ATTACHMENT I. Location map. ACCOMPANIMENT 1. Amended Preliminary Plat of Dean Oakes Second Addition. Approved by: ; l� na meiser, rec or a epartment of Planning and Program Development IWO ,o• ar LOCATION NAP SE -8718 DEAN OAKES SECOND ADDITION /a 80 .V' City of Iowa City MEMORANDUM Date: June 18, 1987 To: Planning and Zoning Commission From: Monica Moen, Associate Planner Re: CZ -8711. Rapid Creek Farms Partnership Nicholas Colangelo, on behalf of Rapid Creek Farms Partnership, has filed an application requesting that a 141.4 acre tract in Area 4 of the Fringe Area be rezoned from Al, Rural to RS, Suburban Residential. The site is located east of Highway 1, approximately 1.5 miles north of Iowa City. The attached maps depict the location of the subject parcel. The development policy for Area 4, amended by mutual agreement by the City of Iowa City and Johnson County in October, 1986, states that "[a]11 zoning requests will be reviewed for conformance with the policies established for Area 4." The development policy for Area 4 permits residential development at a density not to exceed one dwelling unit per three acres on properties with direct access on Rapid Creek Road. The subject parcel does not have direct access on Rapid Creek Road; it is accessible via a farm access on Highway I. Residential access to this property would have to be authorized by the Iowa Department of Transporta- tion. The existing policy states that ".,,on,* *property within Area 4 with access out to Highway 1 and access to gravel surface roads, residential develop- ment 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 pre- ferred use on these...properties.... " The County is presently considering an amendment to the County Zoning Ordinance which would permit residential development at a density of one dwelling unit per three acres within the eastern portion of Area 4 which is located east of Highway 1 and north of the Iowa City corporate limits and Interstate 80. The subject tract is located in this portion of Area 4. This action would necessitate modi- fication of the Fringe Area Agreement to amend the development policy for this portion of Area 4 consistent with the proposed rezoning and the access issue. Staff recommends that the City Council forward a comment to the County that the request to rezone this property from Al to RS be deferred pending adoption of amendments to the Fringe Area Development Policy for Area 4 and the County Zoning Ordinance. Approved by: onoc meiser, Director Department of Planning and Program Development Accompaniments: 1. Location map 2. Application form /sp /07,?/ .o LOCATION MAP CZ -8711 /0?00/ .o• q�� ATIOtt DATE APPLIC / /�- FOR REZONING 1 TO BE FILED WITH CONTAIN A MAP SHOWING OFFICE OF THE NUMBER �- Al �,// FEET THE PROPER FOR NSON COUNTY ZO%IING ADMINISTRATOR. OF THE PROPERTY FOR RE 'OR REZONING TO: JONIJ-ON' pUTLINEp NI OUTLINED IN ��R' THE APPLICATION -HAI. CO,INTY -BOARD OF SUPERVISO BLUE. RED AND THE PROPERTY WITHIN 500 JOHNSOtJ COUNTY ZONING COMMISSION �_�___--._.._.___ _ THE UNDERSIGNED IS THE I( DESCRIBED PROPERTY (CONT i_ ------ COUNTY. IOW LOCATED IN (CONTRACT PURCf{ASER),� A' At,D TFC UNILURPORATED AREA OF New PROPERTY FROM REQUESTS THAT YOUR CO --""`ki OF THE TION); DIST Tp QRS I -N CONSIDER FpR port FOLLOWING DISTRICT TOWNSHIP, JOHNSON DISTRICTCLASSIFICATION OF SAID GATED AT (LAYMAN,S DESCRIP_ ICOMPOSED OF 141 ACRES - ' AND LEGALLY DESCRIBED AS: e PROPOSED USE; single-family residential NAMES AND ADDRESSESOF _ OWNERS OF RECORD. Krall Farm P3 an Iowa artners)Ji NAMES AND ADDRESS OF THOSE PERSONS CRIBED PROPERTY: OWNING PROPERTY See attached list WITHIN 500 . FEET OF ANY OF THE ABOVE DES- , APPLICATION SHALL BE TREASURER; COMPETED BY FURNISIIING AMOUNT WHICH VARIES IN THE AMOUNT OF TEN TWO CHECKS MADE PAYABLE UP AND POST THE SIGN ONDEPON DOLLARS ($10.00 TO THE JOHNSON COUNTY THE NATURE OF THE ) FOR A REZONING SIGN THIS APPLICATION. ABOVE DESCRIBED PROPERTYPPLICATION, ' THE OTHER IN AN THE DAYS FROM ISPLICANT To IOF WITHIN SEVEN 7 11 RAPID GREE p Johnson�E� S RSHIP Co.lowa B ` a. SIGN TURF h1�Y 1 0 1987 R.R. 2. Box 59 Cb CT OWNER Iowa City, IA 52240 337-7383 D ADRESS AND n`+`. TELEPHONE NUMBER OF OWNER CJU,V)�YJAUDJ `J Gary AGENT L. Ha (Dn Ymond, attorney P.O. Box 3010 ADDRESS AND 5991-�(1n TELEPHONE'NUMBER ODn� /+ AGENT /0 60/ 1r- "� Avd co ,v�ra�Z tee/ .a• M City of Iowa City MEMORANDUM Date: August 6, 1987 To: Planning & Zoning Commission From: Monica Moen, Associate Planner WOIQ�_ Re: CZ -8711. Rapid Creek Farms Partnership On July 14, 1987, the City Council approved an amendment to the Fringe Area Policy Agreement which, if adopted by the County Board of Supervi- sors, would modify the development policy of that portion of Area 4 which is located east of Highway 1 and north of the Iowa City corporate limits and Interstate 80. The new policy would permit residential development in this area at a density of one dwelling unit per three acres. This amend- ment and an amendment to the County Zoning Ordinance, which would estab- lish a zoning classification to implement the one unit per three acre density, are expected to be considered by the Board in August. You will recall that in a memo dated June 18, 1987, staff recommended that consideration of an application submitted on behalf of Rapid Creek Farms Partnership to rezone a 141.4 acre tract in Area 4, located east of High- way 1, approximately 1.5 miles north of Iowa City, from Al to RS be de- ferred pending adoption of amendments to the Fringe Area development policy for Area 4 and the County Zoning Ordinance. This rezoning request is inconsistent with the current development policy for Area 4 which permits residential development at a density not to exceed one dwelling unit per three acres but only on property with direct access onto Rapid Creek Road. The subject parcel does not have direct access on Rapid Creek Road; it is accessible via a farm access on Highway 1. Agricultural use is the preferred use on properties with access out to Highway 1. The proposed Area 4 policy would permit residential development within the subject tract at a density of one dwelling unit per three acres provided the development will not require construction or reconstruction of a public road by the City or the County, the proposed development will not have a negative impact on surrounding properties, conflicts between resi- dential development and existing farm uses are minimized, and natural features.within the development are protected. The concept plan submitted by the applicant illustrates a possible subdi- vision design for that portion of the tract located north of Rap As access to the southern portion of the parcel is still being sought, id Creek. Plans for the southern part of the tract have not been formulated. The purpose of this memorandum is to review the rezoning request in the context of the revised development policy for the eastern portion of Area 4. While the concept plan is helpful in assessing the impact of this request on the tract and on surrounding property, this review is restricted to the merits of the rezoning and not of the characteristics of the proposed subdivision design. 14Pif/ .o• PAGE 2 Development Given the density proposed for this part of Area 4, a maximum of 47 dwell- ing units could be constructed on the entire tract, shows that 38 lots, many of which are approximately Proposed for the area north of Rapid Creek. The concept plan regulations via the cluster subdivision the County one acre in size, are with lot areas less than the minimum lot size rions permed it asubdivision zone, the cluster Provisions permit individual lots granted to develo Pe^tsisions specify that "[a]t no time shall approvallbe Of the lot area required." In include lots containin all open space, common In addition, although thesesprovisthan ion P allow to be included in ground and recreation areas within the development for ponds and lake tract the tract' s total land Portion of subdiviss within mustsubdivision edand the theravelled surface when calculatin travelled surface g the average dwelling unit density of the development. area Given is part of Area sq, if lot within the trope acre density is adopted for this then, would have to be a minimum of 1.5 proposed cluster development, three acres of land occupied b the acres in size and the approximate deducted from the total land area Proposed roadway subdivision. A proposal when determining y would have f be allow one P P to amend the County subdivhis on egulatio s tto Count acre lots within cluster subdivisions will be Y Planning and Zoning Commission in August. If e considered b not mended, the concept plan for the proposed development requirement the to show lots with a minimum area of 1.5 tamen �s Of one unit per three acres. acres and an overall net density Road Construction The proposed development will not require construction or reconstruction of a decel- eration road Highwathe City or County. Although construction of a decel- ment may be required Y to accommodate traffic turnip would be financed b this improvement and any other roadway the develop- ment the developer, y modifications The proposed entrance to this development is below the crest of sight distances of southbound motorists may be restricted b tion. Prior to subdivision approval a hill and location of the entrance will not create y this ct the the subdivider must assure that the Im act on Surrounding Properties hazardous conditions. The tract is presently a mobile home court ndnaare residentialsubdivision use subdivision'subdivision and is bordered on the north by adjoins this tract on the southwest and a 27-lotA small approximatelysube elope is subdivision Several small subdivisions are mile south of the proposed development. Several Proposed residentialarezoni�hin two miles southeast uses in the surrounding g request is consistent with exhsiin tract. The g area. g residen- tialWhile the development will have an immediate impact on the residential uses to the north, the impact will be negligible. Lots to accommodate fifteen mobile homes are available within the five acre mobile home court Me/ PAGE 3 north of the subject tract and although lots within the residential subdi- vision abutting the tract's northern boundary are generally between 1.5 to 2.0 acres in size, existing vegetation along the tract's northern boundary will buffer the mobile home park and existing residential uses from the proposed subdivision. The topography of the northeast corner of the tract will also moderate the impact of new residential uses on existing uses to the north and east. Minimization of Conflicts Between Uses Rapid Creek acts as a barrier between the northern and southern portions of the tract and effectively restricts access between these two parts. Development of the southern part of the parcel will be postponed until such time as an alternative access to the existing lane which leads to Rapid Creek Road can be secured. It is expected that agricultural use will continue on the southern portion until that access is obtained. Because of the natural barrier between the two parts of this parcel, activities associated with residential uses to the north and agricultural activities in the southern area are not expected to interfere with one another. Protection of Natural Features The proposed development has been designed with consideration given to the topography of the tract, to existing vegetation and to the preservation of open space in the vicinity of Rapid Creek. The alignment of the proposed right-of-way generally follows ridge lines and will require a minimal amount of grading. Vegetation existing within the drainageway on the tract is expected to be preserved and, in addition to serving as a buffer and as a visual amenity, will aid in controlling erosion on the tract. STAFF RECOMMENDATION Until direct access to the southern portion of this tract is secured, agricultural use is expected to continue within this part of the 141.4 acre parcel. Staff, therefore, recommends that only that portion of the tract which will be subdivided for residential use, along with all open space, common ground or other undeveloped land to achieve a net density of one dwelling unit per three acres be rezoned from Al to RS. As access to the balance of the tract is identified, the property owner may initiate rezoning this property to uses consistent with the Fringe Policy for this area. Staff recommends that the City Council forward a comment to the County that the request to rezone this property from Al to RS be deferred pending ° adoption of amendments to the Fringe Area Development Policy for Area 4 and the County Zoning Ordinance. Upon adoption of these amendments, staff recommends that that portion of the tract which will be subdivided for residential use be rezoned from Al to RS. a ,w 0 PAGE 4 ATTACHMENT 1. Concept subdivision plan. I Approved by: D nald Sc meiser, Director Department of Planning & Program Development MM/sp /A Z/ .hi rvv I..LLL ntu • i at. r .. '�.i :i I N CD I \ 0 O' i , Nu4 O10101 Y1¢� 1 � / �.. a`. i� � •\•1 (I POND Imo[/ US ISrIAO2,44 J _.. �" jam' !� 1 .: • ,/ �.� t 1'R FLOUD, l' ./ `1 \� j • \ `• �.� _. ✓ - /'' • �• 24 26 CO) MON OPEN SPACE Lb'Ic+roNzz :1 \ ceeek OPFpSPACE v --7- ----------- 75 -'• r ' II Ifp 1'il FLf1DDICA9 ..f - I � � I� ,1 �0^•rf, I _ `fly, '� CZ -8711 RAPID CREEK FARMS PARTNERSHIP 0 .o• RESOLUT1014 NO. RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE EXCESS FLOW TREATM N7 SYSTEM AT THE EXISTING WASTEWATER TREATMENT FACILITY ESTABLISHING Ah10UNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY OF BIDS. CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. i 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 5% payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not�less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:00 p.m, on the 7th day of October , 1987 . Thereafter, the bids wibe Opene by the City Engineer or R'sesignee, an thereupon referred to the meetingntolbefheld at'the thefCouncilIowa iChambers, Civicaction Center,Iowasaid City, Iowa,atits next 7:30 p.m. on the 20thday of October 19 87 It was moved by and seconded by that the resolution as read be a opte , an upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO — _ BAKER — COURTNEY _ DICKSON — McDONALD STRAIT — ZUBER Passed and approved this 8TH day of SEPTEMBER 19-31. MAYOR ATTEST: LZ CITY CLERK �1 /0?83 ,9' RESOLUTION N0. 87_233 RESOLUTION TEMPORARILY CLOSING THE WEST 133 FEET OF THE EAST -WEST ALLEY IN BLOCK 18, ORIGINAL TOWN IN CONNECTION WITH THE CONSTRUC- TION OF A NEW BUILDING FOR THE NEWMAN CATHOLIC STUDENT CENTER. (BLOCK BOUNDED BY CLINTON, STREETS) JEFFERSON, DUBUQUE, AND MARKET WHEREAS, The Diocese of Davenport has undertaken the construction of a new building to house the Newman Catholic Student Center and be located at the northeast corner of Clinton and Jefferson Streets in Iowa City; and WHEREAS, the construction of said building will necessitate the closing and reconstruction of a portion of the East-West alley nal Town, due to the loss of lateral support therefore construction of the foundation for said build in occasioned by the WHEREA 9. and S, the Newman Catholic Student Center has requested that the portion Of said alley affected be temporarily closed to traffic to accommodate such construction. CITY OFTHEREFORE, IOWAR CITY,, AND IOWA IT I the HEREBY ESDLVEDuBY ndredH thirty three COUNCILOFTHE 133) of the East-West alley in Block 77, Original Town, Iowa Cit be and the same is hereby temporarily(W closed until November 15 Y, Iowa, It was moved by Strait , 1987. the Resolution be a opte , an upon rolldcallotherre were: dedY be AYES: NAYS: ABSENT: X X _ AMBRISCO — �_ BAKER _X COURTNEY DICKSON X X MCDONALD X _ STRAIT Passed and approved thisZUBER 8th day of Se temher 1981. YO ATTEST: CLi � R It -ad pprovao Dapsrin»nt ni�uta 9 j/�) /30/ N) .9' ��rsY ec"# 9, 1� University of Iowa July 21, 1987 City of Iowa City Department of Public Works 103 East College St. Iowa City, Iowa 52240 ATT: Chuck Schmadeke, Director RE: Newman Catholic Student Center Dear Mr. Schmadeke: 104 E. Jefferson St. Iowa City, Iowa 52240 Tel.: 337-3106 Thank you for taking the time to visit the site of the new Catholic Student Center with our architect, and to discuss the possibility of closing the alley adjacent to the site for a short period during construction of the project. Our new structure will have a basement wall within two feet of the alley right of way. Due to the slope of the site, the foundation wall will have a depth of approximately 14 feet. Sheet shoring will be necessary to retain the earth to prevent undermining of the alley and protect workmen. From the Newman Center standpoint, this shoring system is quite expensive and the funds could be better used for other portions of the project. Closing approximately 85 feet of the alley will permit deletion of the shoring system. The affected portion of the alley paving would be removed, then replaced as soon as the foundation wall and backfill is in place. The contractor estimates that the alley would need to be closed for approximately 60 days. We are contacting the adjacent owners and tenants to make acceptable alternate arrangements for their parking and access needs. Please inform us of other information needed or procedures to follow in obtaining permission to temporarily close the adjacent portion of the alley. Sincerely, _ o Rev. Edward Fit atrick G Director, Newman Catholic Student Center c: Mr. Roland Wehner ,45 O' .o• U"-oo" University of Iowa August 27, 1987 City of Iowa City Department of Public Works 103 E. College St. Iowa City, IA 52240 ATTN: Chuck Schmadeke, Director RE: Newman Catholic Student Center; Dear Mr. Schmadeke, 104 E. Jefferson St. Iowa City, Iowa 52240 Tel.: 337-3106 closing the alley I am writing to explain contacts we have made with those individuals whose off -alley parking would be affected by the closing of the alley during the foundation work for the construction of the Newman Center. The architect and the representative for the General Contractor indicate that six individuals would be affected. In my conversations with these individuals, I noted that the Newman Center would provide parking for them in the vicinity during the time the alley is closed. I will note these six: - the western most space, between Mrs. Kelly's house and a garage, is rented by Mrs. Kelly to one of the tenants of her house facing Clinton St., a man named Mohammed. I talked with Mrs. Kelly and she said he would be willing to move. - moving east there is a 2 car garage, car in one place. I talked with her and Mrs. Scott parks her she agreed to re -locate. One of Mrs. Kelly's tenants keeps his car in the other slot. Mr. Bertling, who works for the Newman Center, talked to him. He agreed to relocate. directly east of the garage is a space in which 3 compact cars park. Gloria Dei Lutheran Church owns the property, which is 107 and 109 Market St.. Keystone Property Management Company takes care of the rental. In cooperation with Mr. /30/ Rick Vosika of individuals; Christinee I established contact with these sonall . Terri and Melanie. i talked I Socatey with Christine and Terri. They are willingper- isn'tlocate, y knew the other car belongs toMelanieto t i functioning now. They stated they Melanibut it was going to fix it but even if y didn t know if she In talkingshe did, she would cooperate. with these individuals I said the Newman Center would re- locate them, at no cost to them; that it would be in the vicinity (we have some space behind our building plus we have some space rented in St. Marys lot behind the Quik Trip off Linn St.); that it would be from 6 weeks to 2 months; that it would start sometime this fall; and that I would-get back to them when I knew more about the timing. Please keep me informed of timi Sincerely, ng or other things i would need to do. Reverend Edwar JJ' ipatrick- holicDirector, Newman Cat Student Center EJF/eew i jcc: Mr. Roland Wehner I i .P' /3of RESOLUTION NO. 87-234 RESOLUTION APPROVING AN AGREEMENT WITH 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, Emergency Housing Shelter and the Youth Emergency 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 funding of the Domestic Violence 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 Domestic Violence Project. It was moved by Strait and seconded by Courtney 'the Resolution be adopted, ana upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY XDICKSON g MCDONALD STRAIT X ZUBER .o• ; passed and approved this 8th day of �S1Ten�tQem�her , 1987• MAYUK ATTEST: �J�n" ^_,i? i� �% IT CLERK O k4•....,:I t. bip.o... By };spsrla.Nd 2l�i� 9/z/.PZ /ba EMERGENCY SHELTER GRANTS PROGRAM AGREEMENT This Emergency Shelter Grants Program Agreement was made and entered into on the 1'1 day of S �i }L 1 1987, by and between the City of Iowa City, Iowa, a muni pal corpor— as Ton (hereinafter referred to as the 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 -005 with the State of Iowa Department of Economic Develop- ment. 1 The Grantee shall make available to Provider the sum amount of $4,070 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 -005, 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 plemented by written agreement of both parties State concurrence. Such amendments include Iowa -Grantee Program Schedule and Budget. .V' only be amended or sup - and, when necessary, with any deviation from the /Z)OL .1. r KA 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. A. 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. 8. 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 FY88. 9. As its sole obligation under this Agreement, the Grantee shall pay to Provider the sum of $4,070 to be used by Provider only to meet its expenses for gas and electric service due and payable during FY88 (July 1, 1987 to June 30, 1988). 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 July 20, 1988, Provider will provide to Grantee final performance and funds reports. I WZ 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. The rantee ma term e this 22 time Gbefore the date iOftcompletion,t whenever in witlis or determin ined 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 party. 30 -days written notice by either This agreement shall commence upon execution by the parties and shall termi- nate on June 30, 1988, except as provided herein. For eImestic Violenc� F7ee Project For the City of Iowa City, Iowa I \1 Attes Date: .1. Attest: y �ierK Date: _ 9/8/87 Recalved my Th L03a1 Du P'evrlV o- 9 z �ynt �� /!)Oz .o• City of Iowa City Contract No. 87 -ES -005 Page H2 SPECIAL CONDITIONS Article 1.0 Identification of Parties. This contract is entered into by and between the Departm�—€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 FiFT ntract in relation to providing emergency shelter assistance to: the Youth Emergency Shelter, Emergency Housing Project and Domestic Violence Project as identified in Grantee's Program Application and Schedule. Article 4.0 Statement of Work and Services. The Grantee shall perform in a satisfactory ager manner, asetd em ed 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 Due Date Quarterly Performance Report 10th of the month following the end of each Contract quarter (original and one copy) Monthly Status of Funds Report 10th of every month after initial draw, whether or not requesting funds (original and three copies) Final Performance/ Funds Report Within 30 days of Contract Completion Audit Report In accordance with Single Audit Act of 1984 50L City of Iowa City Contract No. 87 -ES -005 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 contr utions 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 M�;ncy to incur certain costs prior to the effective date of ,then said written approval and the terms and conditions ncorporated 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 Targets. In the event that the Grantee does not ac eve the 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 twenty thousand, six hundred dollars ($20,600) unless modified by written amendment of this Contract as provided in Section 1.0 of the General Conditions. 9.2 Requisition for Pa ant. All payments to the Grantee shall be subject to the rete pt 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 advance per 24 CFR 575.63. Any cash draws requested shall be expended within 30 calendar days of receipt, o. 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 the rete i pt o e era grant funds by the Planning Agency. The Y )SOL .o• s City of Iowa City Contract No. 87 -ES -005 Page N5 termination, reduction, or delay of federal grant funds to the Planning Agency shall, Contract. at the option of the Planning Agency, be reflected in a corresponding modification to the conditions of this - Article 10.0 Project Budaet ESGP GRANTEE TOTAL Act. 1 - Renovation/Rehabilitation 8 8,240 820,600 $28,840 71 Act. 2 - Essential Services 2,200 0 2,200 Act. 3 - M,O,I,U, and F. 10,160 0 10,160 Act. 4 - Other 0 0 O TOTALS $20,600 $20,600 $41,200 Article 11.0 Modification of General Conditions NONE :a ' 50 J City of Iowa City a87 -ES -005 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 writingfrom 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 the GAO publication "Standards for Audit of Governmental OrganizationA-128 and s, Programs, Activities and Functions". .o• 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 301 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 incontracts 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 OYB Circulars A-110 and A-122 where all or any part of contract funds are obtained from the federal government. r 4.2 Budget budgeted line- Revisions itemamounts in8excess udget rOfr10%nshall cbewsubject uto approvaleof 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 i 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 oterminate in f Contract funds, pends: -g corrective action by the Grantee or a decision to may determine atooallow eh such necessary and proper costs provisions 5.2 or 5.3 ewhich Tthe PGrantee couldy 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. j 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 /30L, 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 Termination for Convenience - The Planning Agency or Grantee may terminate Contracts in whole, or in part, when both parties agree that 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 rot incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Plannirc Agency shall allow full credit to the Grantee for the Planning Agency share o' the noncancellable obligations, properly incurrea by the Grantee prior to termination. 5.4 terminated, as llfinished hts in moreunfinished ted ,documents, data, reports the torcother 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 Age Discriminationprohibitions is Actof197against 5(42 U.S.C. ination o Cj6101-07)and hbasis theprohibitiunder 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. o. 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 /302 additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 601A, Code of Iowa, 1987) or as otherwise provided by law. 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 enczr into such litigation to protect the interests of the State of Iowa. Section 7,0 Interest of Planning Acency, Granter Of-icials and Others 7.1 ning o officer Agency and pnonmemberseOfyitsNgoverning;body6 member, andonoemployee publicofficial the Planning 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 participateor approval of the undertaking of this in any decisionsrelating rtonthis tContract whichcaffectlhis 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 Cha ts st Public OfficialscAct"f shallebe adheredeto6by, tFe ranteeCode of Waits987officialsland 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 8onus or Commission - No payment of any bonus or commission shall be .o• 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 Housino 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. i50L Section 8.0 Assionment 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. i 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. iSection 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 i 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 o upon said parties. This Contract shall be binding upon the successors in office of the respective parties. v 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. /50L .P' 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 thO Contract. 50?0 •` r .V' 0 P iowa NAME OF GRANTEE: City of Iowa City PROGRAM YEAR: FY88 (July 1, 1987 to June 30, 1988) IOWA ESGP GRANTEE PROGRAM SCIIEDULE DED usu only Original Amendment I Field Rep Sign PROJECT DESCRIPTION PERFORMANCE TARGET(S) AMOUNT BUDGETED I _ _Activity 1_RENOVATION/REHAB OF BUILOINGSI Re air:roof soffit dormers,windows screens,stor'm windows,front porch ESGP LOCAL _TOTAL & chimney. Replace back steps,fire Extensive repair to the exterior of the Youth escape,sidewalk & roof vents.Paint $ 81240 $20,600 $28,840 Emergency Shelter. Local Effort: Donation of Youth Homes' Shelter Facility located at 524 Ronalds Street,Iowa City,by Johnson County. Building is apprais- ed at $56,000. ISI_OF ESSENTIAL SERVICE$ ActivityJ: PROVON - - - - - - - - - - Hire part-time Counselor/Advocate _ - - - - - to assist clients in obtaining $ 2,200 0 $ 2,200 Hire part-time Counselor/Advocate for the services they need and in seek - Emergency Housing Project. ing employment. Activity 3 PYMT OF MAINTENANCE OPERATION, - Payment for one year,of the monthl Gas & Electric bills of the Domes $10,160 0 $10,160 IFSURANCE,lJfltlT(ES, AND fORTIMINGS tic Violence Project and of the Gas'and Electric payments for one year for Domestic monthly Gas & Electric and Water & Project. Violence Pro j Sewage bills of the Emergency Hous Gas and Electric, Mater and Sewage, and Insurance ing Project. Payment of the annual payments for one year for the Emergency Housing insurance premium of the Emergent Project. Housing Project. Purchase of bunk Acquisition of needed furnishings for the Emergency and folding beds for the Emergency Housing Project. Housing Prosect. Activity 4-------------------I $20,600 $20,600 $91,200 i TnTnl nr• AI I FUNDS .1. NAME OF GRANTEE: City of Iowa City U� IOWA ESCP GRANTEE PROGRAM SCHEDULE GIP '9 iowa Please note: First month - July, 1987; Last month - June, 1988. PROJECT ACTIVITY: I 1st Cir I 2nd Otr I 3rd Qtr 4th Qtr RENOVATION/REHAB OF BUILDING J I A I S 1 0 1 N 1 0 1 J I F I M I A 1 M I J I, Donation of Shelter Property. I I X I I I I I I I 2. Take bids on exterior repairs. I X I X I I I I I I I I I I 3 Repair work. I I I X�j�XI X I I I I I �4• I I I I I I I I I I I I fi. I I III I I I I I I 7. PROJECT ACTIVITY: 1st Otr I 2nd Qtr I 3rd Qtr 4th Otr PROVISION OF ESSENTIAL SERVICE J. I A I S 0 I N IDI J I F I M I A I M I J 1.Advertise Position. I I X I I I I 2. Hire person to fill position. I I X I I I I I I I I 3. provide Counseling/Advocacy. I I I X I X I X I X I X I X I X I X I X I X '• I I I I I I I I I I I I I6' III I I I I I I I I I 17. I I I I I I I I I I I .1. • c�" p Iowa NAME OF GRANTEE: City of Iowa City IOWA ESCP GRANTEE PROGRAM SCHEDULE Please note: First month - July, 1987; Last month - June. 1988. PROJECT ACTIVITY: PAYMENT OF MAINTENANCE, OPERATION INSUR- ANCE. UTILITIPA; F. FTIRNISAlNrc; I Ist Qtr 2nd Otr 3rd Qtr 4th Otr J I A I S I 0 I N I 0 I J I F I M I A I M hiNes-zones: Milestones: 7- 1. Payment of monthly utilities - Domestic Violence I X, x x x x x x x x x x 2. Payment of monthly utilities - I Emergency Housing x I XI x x x x x x x - 3. Payment of insurance premium x I 3. 4. Purchase bunk and folding beds x x 4. S. IIIIIIIIII S. IIIiIIIIIIII 6. 7. 7. PROJECT ACTIVITY: I t Qtr 2nd Qtr 3rd Otr 4th Qtr Milestones: 3. 4. S. IIIiIIIIIIII 7. 150L RESOLUTION NO. 87-205 RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT 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 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, Emergency Housing Shelter and the Youth Emergency 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 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 McDonald and seconded by Strait the Resolution be adopted, anT_U_P0_n__r6Tr call there were: ! AYES: NAYS: ABSENT: BAKERSCO X COURTNEY i —DICKSON K— X MCDONALD — X STRAIT X ZUBER Passed and approved this 11th day of August 1987. C � ATTEST: eiaLERaKr'/ C!T C RMelvm & D cWY. BV Ths Legal - 0 ;L isot .V• p RESOLUTION NO. 87=235 RESOLUTION EMERGENCYNG AN SHELTERREEMENT WITH GRANTS PROGRAM FUNDING. EMERGENCY HOUSING PROJECT 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, Emergency Housing Shelter and the Youth Emergency Shelter. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: of 1. Tha thetEmergency eHousing rProject meattached attached and Shelter smade gaafuthe Arement Iowa nding 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 Courtney the Resolution be adop e , an upon ro call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER COURTNEY X DICKSON X X MCDONALD �— STRAIT ZUBER X Passed and approved this 8th day of 4entembrr 1987. A, ALAr AYOR ATTEST: CIT CLERK Received & BY The legal Do i /303 The Provider shall be responsible for and adhere to the following. Non-compliance may be grounds for Grantee cancelling, terminating, or suspending this contract. A. 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 term of this Agreement, and for three years thereafter, Provider shall provide assistance to individuals who are homeless at the 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 1987. 9. As its sole obligation under this Agreement, the Grantee shall pay to Provider the sum of $8,290 to be used by Provider to support its shelter services. $3,700 is to be used only to meet its expenses for gas and electric, water and'sewage services due and payable during FY88 (July 1, 1987 to June 30, 1988). $2,200 is to be used for wages, taxes and benefits for a part-time Counselor/Advocate, a new position which will provide a new service at the Shelter. The remaining $2,390 is to be used both to pay a portion of the Shelter's insurance premium, due and payable during FY88, and to buy additional beds. ,. 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 July 20, 1988, Provider will provide to Grantee final performance and funds reports. /303 d of 13. Provider willioprovidethree to he years Grantee quarterlyterm reporots which Agreement 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 rto a format specified by Grantee and accepted by Provider, not more equisit on will per t identifyyfu ds on and by the n hand, totalth day ofthexpen expenditure Sand 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. IS. 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, fi cal year, the Provider he total Of u exceeds Provider shallbe payments a secondaryrecipientpiient givenof federal monies. For ever secondary reciy fiscal year (July 1 -June 30) in which it is a pient 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 sect, coy, audi, and examine all financial cbooks, records, and tother to ndocumentspof the tProv der, 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, any officer, employee, or agent of the Ger the Grantee nor rantee s neithith have authority to direct the manner or means by which the ties. Provider conducts its activi- .o• 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, X303 ■ .o. r 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 regulatiPoisoning rc ntai ed evention Aint244CFR Part 35821-4846) as implemented through The rantee may 22. timeGbefore the date iOftcompletionr,twh nevere this Coract inwitlis is 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 June 30, 1988, except as provided herein. For the Emergency Housing Project For the City of Iowa City, Iowa By Atl Date: 9—/0_ yr) Date: 9/8/87 Received & Approveo By The Legal oeBa menf zd /303 .o a Issuing Agency: Department of Economic Development Grantee: City of Iowa City Fiscal Summary Federal Amount: $20,600 Contract Title: Iowa Emergency Shelter Grants Program Contract Number: 87 -ES -005 Grantee $20,600 Total $41,200 Source Agency/Law: U.S. Department of Housing and Urban Development; Homeless Housing Act of 1986 Type: Cost reimbursement Effective Date: May 26, 1987 Submit requisitions to: ESGP Financial Officer Department of Economic Development 200 East Grand Ave. Des Moines, IA 50309 Expiration Date: June 30, 1988 Issue payment to: City of Iowa City Emergency Shelter Grants Program 410 E. Washington Iowa City, IA 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: C� Iowa City am • sco Title: Dlavor Date: August 11, 1987 ATTEST: YY'. ArJ MARIAN K. KAR , CITY CLERK' Received g A :prcvs•; nY Tuc Legal Ccpallnant —4t--Q4—J2- Issuing Agency: Department of con ir,,p�RVe�lopment By: l! i�/J;�ii/ o et v sonrec�— Allan T. Thoms, Director Date: 8� 787 241 .o' r City of Iowa City Contract No. 87 -ES -005 Page N2 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 —S oniract in relation to providing emergency shelter assistance to: the Youth Emergency Shelter, Emergency Housing Project and Domestic Violence Project as identified in Grantee's Program Application and Schedule. Article 4.0 Statement of Work and Services. The Grantee shall perform in a satisfactory an proper manner, as eterm ned by the Planning Agency, the work activities and services as written and described in the approved grant proposal as summarized in the Grantees approved 1987 Emergency Shelter Grants Program Schedule. This Program Schedule is hereby made a part of this Contract by reference. Article 5.0 Re arts and Products. The Grantee shall submit the following reports. Report Due Date uarterl Performance Re ort 10th of the month following the end of each Contract quarter (original and one copy) Monthly Status of Funds Report 10th of every month after initial draw, whether or not requesting funds (original and three copies) Final PerLMEaZFuods Report Within 30 days of Contract Completion Audit Re ort In accordance with Single Audit Act of 1984 /b03 .V' City of Iowa City Contract No. 87 -ES -005 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 A frequent submissions would help improve Grantee's Emergency Shelter Grants Program. 9 9ency, more Article 6.0 Oesi_ ons ation 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 26tTiaay ti ay and shall be undertaken in such sequence as to assure the?^ expeditious completion. All of the services required hereunder shall be completed on or before June 30, 1988. Article 8.0 Additional g ecial Conditions. 8.1 Audit Re uirements. Grantee audits shall be conducted in accordance Circular Number A-128 and thee udit Act of 1GAO publication2 as "StandardsefordAudittMof Governmental Organizations, Programs, Activities and Functions." 8.2 Performance of Conditions Precedent. The Grantee certifies that it as sat s e a con t ons prece ent to the award of the Contract. 8.3 Com Bance with Environmental Re uirements. Funds shall not be re ease un er t s environmental requirementson cset nfort h a rantee has satisfied the Shelter Grants Program".24 , "Emergency 8,4 Administration. The Contract shall be administered in accordance with apter owa Administrative Code and all applicable State and Federal law and regulations. 8.5 Local Effort Re uirements. 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: to local funds a) In the same federal ratio as shown in Article 10.0, Project Budget; or b) in the tworatio rat ratios chosenfederal ,ait mustlbeamaintainedWhicaevermonof ythe basis, until a)1 federal funds are fully expended or until necessary to complete the the project 1s completed. Expenditures above this level, statement of work and services, /.503 City of Iowa City Contract No. 87 -ES -005 Page H4 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 contr utions 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 SchTheemaximumhen federal percentage ofnds federalded fundsll be whichsmayect to be disallowedwdueeto 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 twenty thousand, six hundred dollars ($20,600) unless modified by written amendment of this Contract as provided in Section 1.0 of the General Conditions. 9.2 Re uisition for Patent. All payments to the Grantee shall be subject to t e rete pt by th�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 advance per 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 o 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 Receipt of Federal Funds. All payments hereunder shall be subject to In e rete pt o e era grant funds by the Planning Agency. The r X303 .Y' City of Iowa City 987 -ES -005 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 0:1 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 ecal condi- tionsand/or sthe sgeneral fterms the 0and tconditions ee fails oof this Contract,complwith thestheiPlanning 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 decisin to o mayndetermineatooallowesuchhnecessarynand proper costsewhichTthehe PGrantee couldlanniny 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 o• 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 s termination. Further, any costs previously paid by the Planning Agency which /505 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 Termination for terminate Contracts inwhole, vorric in part, when aboth gparties agree Agency or athat 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 Plannir; Agency shall allow full credit to the Grantee for the Planning Agency share o'. noncancellable obligations, properly incurrea 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 Riahts 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 handicappedindividuals 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. o. 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 IM15 additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 601A, Code of Iowa, 1987) or as otherwise provided by law. 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 Acency, Grantees Of-icials 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. ts st Public OfficialscActof shallebe adheredeto6by th�rantee,ode ofaits987officialsland 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). .o• 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 Housino 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. /► J 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 f the be performed abyfthe tGrantee lorounder his ksupervisioneandeallrpersonneldengaged 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 Reouirement_s 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 Coveraoe This instrument, and any referenced attachments hereto or documents referred to herein, contains the entire agreement between the parties and any o, 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. P /103 F3 lOW1 NAME OF GRANTEE: City of Iowa City PROGRAM YEAR: FY88 (July 1, 1987 to June 30, 1988) IOWA ESGP GRANTEE PROGRAM SCUEDULE DED use only Original Amendment Y Field Rep Sign PROJECT DESCRIPTION PERFORMANCE TARGET(S) AMOUNT BUDGETED Activity 1 _RENOVATION/RE- OF BUILDINGS I Repair:roof,soffit dormers windows ESGP LOCAL _ - - I screens,storm windows,front porch _TOTAL Extensive to the the Youth "chimney. Replace back steps,fire repair exterior of escape,sidewalk Ii roof vents.Paint $ 8,240 $20,600 $28,840 Emergency Shelter. Local Effort: Donation of Youth Homes' Shelter Facility located at 524 Ronalds Street,lowa City,by Johnson County. Building is apprais- ed at $56,000. OF ESSENTIAL SERVCE$ Activity 2 PROVISION I - - -- - -- ----- Hire part-time Counselor/Advocate - to assist clients in obtaining $ 2,200 0 $ 2,200 . Hire part-time Counselor/Advocate for the services they need and in seek - Emergency Housing Project. ing employment. Activit 3: PYMT OF MAINTENANCE OPERATIG�N, Payment, for one year,of the monthl Gas d Electric bills of the Domes $10,160 0 $10,160 IRSURANC€,Ui11ftFE9,-AN6 FLTRTINJINd-S tic Violence Project and of the Gas and Electric payments for one year for Domestic monthly Gas 8 Electric and Water 8 Violence Project. Sewage bills of the Emergency Haus Gas and Electric, Water and Sewage, and Insurance ing Project. Payment of the annual payments for one year for the Emergency Housing insurance premium of the Emergent Project. Housing Project. Purchase ofbunk Acquisition of needed furnishings for the Emergency and folding beds for the Emergency Housing Project. Housing Project. Acllvlty 4-------------------I $20,600 $20,600 $41,200 I rnr n� nr- nl l t -11N IIS Y .o• r NAME OF GRANTEE: City of Iowa Cit • IOWA ESCP GRANTEE PROGRAM SCHEDULE �p iowa Please note: First month - July, 1987; Last month - June, 1988. PROTECT ACTIVITY: RENOVATION /REHAB OF BUILDING 1st Ctr 2nd Qtr 3rd .%!HeE::nes: J A I S I 0 N I D I J I F 1, Donation of Shelter Property. I I i I I I I I % 2 -Take bids on exterior repairs. I % 3. Repair work. I I I% I% I% I % 4 6. 7. I I I I I I I PROJECT ACTIVITY: PROVISION OF ESSENTIAL SERVICE 1st C Artestones J' { A 1. Advertise Position. I I % 2 -Hire person to fill position. I I % 3. Provide Counseling/Advocacy. L 6. 6. 7. �c Qtr NI %!%%%I%%I%I%I% 0501 .o• C0 Cep Iowa NAME OF GRANTEE: City of Iowa City IOWA ESGP GRANTEE PROGRAM SCHEDULE Please note: First month - July, 1987: Last month - June. 1988. PROJECT ACTIVITY: PAYAiENT OF MAINTENANCE, OPERATION, INSUR- ANCE: UTILITIES, E FURNISHINGS I 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr J A S I 0 I N I 0 I J I F I M I A I M I J MHes:ones: . . . I ., t I I ! I t t Payment of monthly utilities - Domestic Violence Project I X, % I X I % I % I % I % % I % I % % 2 Payment of monthly utilities -I Emergency Housing Project % I % I % I % I % I % I % I % I % I X I % I % 3. Payment of insurance premium 3. 4, Purchase bunk and folding beds I I X X 4. 6. 7 7. PROJECT ACTIVITY: 1st Qtr *2nd Qtr 3rd Qtr 4th Otr Milestones: 2. 3. 4. 6. 7. l 5o3 .1. 0 RESOLUTION NO. 87-205 RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT 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 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, Emergency Housing Shelter and the Youth Emergency 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 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 McDonald and seconded by Strait the Resolution be adopted, and upon roTT call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER _ X COURTNEY X DICKSON _ X MCDONALD X STRAIT X ZUBER Passed and approved this 11th day of Aueust , 1987. ATTEST:%}),moi- ,,2 (� % IT�CLERK Reoslved IR Appmvod By Tho Leges /303 FROM .1, .,,. ATTEST:%}),moi- ,,2 (� % IT�CLERK Reoslved IR Appmvod By Tho Leges /303 .o. EMERGENCY SHELTER GRANTS PROGRAM AGREEMENT This Emergency Shelter Grants Program Agreement was made and entered into on the _L(,r day of y� r b{�� 1987, by and between the City of Iowa C1 y, Iowa, a munictp corpora ion (hereinafter referred to as the Grantee), and the Youth Homes, Inc. (hereinafter referred to as Provider) for the provision of related services and assistance to Grantee's Contract No. 87 -ES -005 with the State of Iowa Department of Economic Development. 1. The Grantee shall make available to Provider the sum amount of $8,240 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 -005, 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 theoState 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. A. 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. /30� .o• N 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. 8. During the term of this Agreement, and for three years thereafter, Provider shall provide shelter, counseling and supervision to homeless youth at the current Youth Homes Emergency Shelter facility. Details of i the services to be provided are outlined in the Youth Homes Information and Goals and Objectives Statement for 1987. 9. As its sole obligation under this Agreement, the Grantee shall ray to Provider the sum of $8,240 to be used by Provider only for the exterior renovation of the Youth Emergency Shelter building at 524 Ronalds Street, Iowa City, Iowa, as described in the Iowa ESGP Grantee Program Schedule. 10. During the first quarter of FY88 (July 1, 1987 to September 30, 1987), Provider shall secure the donation of the Youth Emergency Shelter build- ing by the Johnson County Board of Supervisors. The donation of this building to Youth Homes, Inc. shall be utilized as the required local match for Grantee's Emergency Shelter Grant. 11. 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. 12. 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. 13. On or before July 20, 1988, Provider will provide to Grantee final performance and funds reports. 14. 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. 15. 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 /61D4 .Y' 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. 16. 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 Ae110.'meA copyrofnsuch auditto the sreportdand 'prescribed must submitted theOMB Circular the Controller of the Grantee within 120 days after the close of that fiscal year. 17. 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. 18. 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. 19. 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. 20. 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). 21. 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. .V' 4 22. 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. 23. 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. 24. 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 June 30, 1988, except as provided herein. For the Youth Homes, Inc. n For the City of Iowa City, Iowa r vlgdeer air I// �� �ayr Attest Xy� /f_���t4 c�._. Attest: %t lerK �(/ . ✓ etre ary reasurer =' i,iEy Clerk Date: 9 //'�'lrs9 Date: 9/8/87 Received & APProvea BY Th LeBal D9Partmanf 8) 1!1&4 .a• a Issuing Agency: Department of Economic Development Grantee: City of Iowa City Fiscal Summary Federal Amount: $20,600 Contract Title: Iowa Emergency Shelter Grants Program Contract Number: 87 -ES -005 Grantee Total $20,600 $41,200 Source Agency/Law: U.S. Department of Housing and Urban Development; Homeless Housing Act of 1986 Type: Cost reimbursement Effective Date: May 26, 1987 Submit requisitions to: ESGP Financial Officer Department of Economic Development 200 East Grand Ave. Des Moines, IA 50309 Expiration Date: June 30, 1988 Issue payment to: City of Iowa City Emergency Shelter Grants Program 410 E. Washington Iowa City, IA 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: Ci of Iowa City William` J. 7 sco Title: May Date: August 11, 1987 ATTEST: 2ka4A'.,) / ,j MARIAN K. KAR , CITY CLERK' P•ecelv..d 8 F�:prc•vac. By Me legal Ccrarmant Issuing Agency: Department of conrypii elopment By: LLLN�r%N_; o et v sonrem BY: -Allan T. Thoms, Director Date: _ 8 Z41F2 .V' City of Iowa City Contract No. 87 -ES -005 Page q2 SPECIAL CONDITIONS Article 1.0 Identification of Parties. This contract is entered into by and between the Department o conomm 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 tFi-s-Contract in relation to providing emergency shelter assistance to: the Youth Emergency Shelter, Emergency Housing Project and Domestic Violence Project as identified in Grantee's Program Application and Schedule. Article Statement of Work satisfactorry and roper manner,aas Services. The by the Planning he antee lAgency, Agency,erform theactivities 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 Re orts and Products. The Grantee shall submit the following reports: Report Quarterly Performance Reoort Monthly Status of Funds Re ort Final Performance/Funds Reaort Audit Reoort 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 /4"'. City of Iowa City Contract No. 87 -ES -005 Page q3 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 teens, conditions, or amounts specified in this Contract. 6.2 Grantee - The Mayor is the Grantee official authorized to execute any F 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 26tFray oof ay�r;iand shall be undertaken in such sequence as to assure their expeditious completion. All of the services required hereunder shall be completed on or before June 30, 1988. Article 8.0 Additional Special Conditions. 8.1 Audit Re uirements. Grantee audits shall be conducted in accordance w t t e ing a udit 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 sats e a it con ons prece ent to the award of the Contract. 8.3 Com Bance with Environmental Re uirements. Funds shall not be Feleased environmental rrequirements cn set forth in 24nCFR Part tee has s575, "Emergency Shelter Grants Program". 8.4 Administration. The Contract shall be administered in accordance with apter , owa 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 defined10 th Project as and the Proram Schedule. The Grantee shall provide localcashcontribution in ratioeasftwo shownwA Articlenthe 10.0,same federal to Project Budget;lorab)funs Ind 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 o the project is completed. Expenditures above this level, necessary to complete the statement of work and services, /SC4 City of Iowa City Contract No. 87 -ES -005 Page N4 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 co�butions 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 Planning Agency 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 Targets. In the event that the Grantee Toes—not achieve Re perrormance 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 max mums 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 twenty thousand, six hundred dollars ($20,600) unless modified by written amendment of this Contract as provided in Section 1.0 of the General Conditions. 9.2 Requisition for Payment. All payments to the Grantee shall be subject to t e receipt by the Planning 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 advance per 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 rete pt 0? e era grant funds by the Planning Agency. The l wq City of Iowa City Contract No. 87 -ES -005 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 i, ESGP GRANTEE TOTAL Act. 1 - Renovation/Rehabilitation $ 8,240 $20,600 $28,840 t E Act. 2 - Essential Services 2,200 0 2,200 Act. 3 - M,O,I,U, and F. 10,160 0 10,160 Act. 4 - 0 0 0 Other TOTALS $20,600 $20,600 $41,200 Article 11.0 Modification of General Conditions NONE .o• /504 City of Iowa City d87 -ES -005 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". .o• 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 e /504 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 covernment 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 nonerofit orcanizations are subject to audit under the principles defined in OYS Circulars A-110 and A-122 where all or any par. 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 terns 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 terninate 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 o. 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 /.5&1 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 Termination for Convenience - The Planning Agency or Grantee may terminate Contracts in whole, or in part, when both parties agree that the continuation of the project would not produce beneficial results commensurate With the future expenditure of funds. The two parties shall agree termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The Grantee 9 upon the obligations for the terminated portion after the effectivehdate,'oandnshal�ew cancel as many outstanding obligations as possible. The Planning Agency shall allow full credit to the Grantee for the Planning Agency share o` the terminatio obligations, properly incurred by the Grantee prior to 5.4 in ted terminated, rall sfinished moreunfinished ,documents, data, reports s - In theventhe torcother 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 Riahts 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.06101-07) 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 requirementsof section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u. .o' 6.5 The Ordes 112, 1232 and 1213. Consistent with eQesponsibilitieseundercutivetheserOrders, the4grantee must8make 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 eitherwholly or in partIn addition, the State of Iowa may take further action., imposing other sanctions and invoking '504 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 personnel requirednin performingethepwork nandthat servicesaun, or will secure all der 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 author local law to perform such services. ized under state and 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 Subrectpients 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 Contrae_ t Comae 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 o, 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. r / W4 .1. 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, thereContract shall nbexnocliabiliising ty power or authority granted or the Planning Agency, it being understood that in suchpersonal matters theotherwise Planning' 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 thO Contract. /w' t4w*ft Ii AM& 1 FS NAME OF GRANTEE: City of Iowa City PROGRAM YEAR: FY88 (July 1, 1987 to June 30 1988) IOWA ESGP GRANTEE PROGRAM SCIIEDULE DED use only Original Amendment 4 Field Rep Sign PROJECT DESCRIPTION I .PERFORMANCE TARGET(S) AMOUNT BUDGETED Aclivily .,RENOVATION/REIIAB OF BUILDINGS' Repair:roof,soffit,dormers,windows ESGP LOCAL TOTAL - - - I screens,storm windows,front porch $ 8,240 --- $20,600 $28,840 Extensive repair to the exterior of the Youth & chimney. Replace back steps,fire escape,sidewalk & roof vents.Paint Emergency Shelter. Local Effort: Donation of Youth Homes' Shelter Facility located at 524 Ronalds Street,iowa City,by Johnson County. Building is apprais- ed at $56,000. Activity 2 PROVISION OF_ESSENTIAL _SER_VIC_E$ Hire part-time Counselor/Advocate to assist clients in obtaining $ 2,200 0 $ 2,200 Hire part-time Counselor/Advocate for the services they need and in seek. Emergency Housing Project. ing employment. Activity 3: PY&IT OF MAINTENANCE OPERAIL IRSURAN��,-UTILffFES, AN6 FITRFI�SFIIRGS Payment, for one year,of the monthl Gas & Electric bills of the Domes $10,160 0 $10,160 Gas and Electric payments for one year for Domestic tic Violence Project and of the monthly Gas & Electric and Water & Violence Project. Sewage bills of the Emergency Hous Gas and Electric, Water and Sewage, and Insurance ing Project. Payment of the annual payments for one year for the Emergency Housing insurance premium of the Emergent Project. Housing Project. Purchase of bunk Acquisition of needed furnishings for the Emergency and folding beds for the Emergency Housing Project. Housing Proiect. Activlly u- -- - -- -------- - -- - - I I $20,600 $20,600 $41,200 rnrAi nF At I MINDS s .Y• C� NAME OF GRANTEE: Cit y of Iowa City ;owa IOIVA ES GP GRANTEE PROGRAtt SCHEDULE Please note: First month - July, 1987; Last month - June, 1988. PROJECT ACTIVITY: RENOVATION/REHAB OF BUILDING I ist Ctr 2nd Qtr diigs_❑�«. _ J I 3rd Otr I. Donation of Shelter Pr 2.Take bids on exterior repairs 3. Repair work. 4. 5. 6. 7. PROJECT ACTIVITY: PROVISION OF ESSENTIAL SER t. Advertise Position. Z. Hire person to fill position 3• Provide Counseling/Advocacy. u. S. 6. 7. X X X IX I X I X I A I S 1 0 X X X IX IXIX IX IX IXIX I- .o• NAME OF GRANTEE; City of Iowa City IOt'/A ESC? GRANTEE PROCRAAI SCHEDULE Please note: First month - July, 1987 PROJECT ACTIVITY; P Last month - June AINTENANCE, ATION OPERPAYMENT OF 1988. NCE. UTILITive , INSUR- 1st Qtr 1. Payment of monthly utilities - Domestic Violence Project Z. Payment of monthl Y utilities Emergency- Housing Project 3. Payment of insurance Premium 4• Purchase bunk -and folding beds 5. 6, 7. J I g I S I O I H -0 arci Otr I 4th Qtr I J 1 ....1 I _1 °• j .. I F I M l q I M I J X g 1 I I 1 1 I Ixlxlx Ixl xlxl xlx Ixl x X Ixlx I XIX IX I xlx I xlx �x� x x _11-1, I 1 X I X .1. RESOLUTION NO. 87-20S RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT 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 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, Emergency Housing Shelter and the Youth Emergency 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 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 McDonald and seconded by Strait the Resolution be adopted, and upon roTT call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER _ X COURTNEY X DICKSON MCDONALD X STRAIT X ZUBER Passed and approved this 11th day of August , 1987. ATTEST: %71,,4" 7e uir CLERK Reawed a appevia By The Legal I`cpa,t-nwe /W4 .1. s s N' RESOLUTION N0. 87.237 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE EXECUTED BY LUANA J. HUNTER. WHEREAS, on August 4, 1983, Luana J. Hunter executed a promissory note to the City of Iowa City in the amount of $7,800.00 for value received by way of a Housing Rehabilitation Forgivable Loan, and WHEREAS, said promissory note provided that the principal of said note would be forgiven in the event of incapacitating illness of the signatory of the note, and WHEREAS, the City has received a doctor's verification that Luana J. Hunter has an incapacitating illness, and WHEREAS, the existing principal on said note is $1,560.00, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor is authorized to sign and the City Clerk to attest the fromcandobligationfofiLuanahJ. Hunter totpayoto theeCityttheaprincipalramount of $1,560.00. It was moved by Baker and seconded b the Resolution be a op an upon ro call there were: Dickson AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 8th day of _ September 1987. /4MA OA166� ATTEST: CITY CLERK p roveu {+ ivucl P(' De,s;hno 9 1305, .1' d i Release of Promissory Note KNOW ALL MEN by these presents: That the City of Iowa property: City does hereby release the following -described Lot Block Plat4thereof 23' in East Iowa City, Iowa, according to the recorded from an obligation of Luana J. Hunter to the Cit principal amount of $7,800.00 represented b the Office of the Y of Iowa City, Iowa in page 114. Johnson County Recorder y a Promissory Note recorded thn on August 10, 1983, in Book 333, This obligation has been illness. forgiven in full for reason of incapacitating ATTEST: I tv Ci t��}ei� . STATE OF IOWA JOHNSON COUNTY SS: CITY OF IOWA CITY, IOWA h ayor On this 8th day of signed, September `aNotary Publ��n an— d sated Co�Ot 1987 before me the being mieiiam dul J• Ambrisco and K under bein b Marian Y, tomesaidpe State, personally wn respectively, of sworn, did say that the Karr personall who foregoing instrument- municipal corporations exhecuMiyor and y ky Clerk, Ma Cit corporation b that the seal affixed g the Ambrisco and y authority of its thereto is the within and Marian K. Karr as City Council; and that the sa'sdeal of said said instrument to be the voluntarch officers ledged the execution of and by Williamj them voluntarilyY act and deedknowled executed, of said corporation, by it N ry Puc n or o nson Count Y, Iowa 13oair .n• 'IL RESOLUTION N0. 87-238 RESOLUTION APPROVING THE APPOINTMENT OF 14ILLIAM J. SUEPPEL AS ASSIS- TANT CITY ATTORNEY FOR THE CITY OF IOWA CITY, IOWA. WHEREAS, a vacancy has existed in the office of Assistant Cit City Attorney since July 3,1987; and WHEREAS, the Code of Ordinances of the cit 2-65 that assistant city attorneys shall be ea Iowa Cit subject to the approval of the Cit Y Provides at Section thereof that the compensation of assistant cit pard provides by the city attorney City Council; and Y Council, and provides at Section 2-67 € Y attorneys shall be set by the WHEREAS, the City Attorney has recommended approval of the William J. Sueppel as Assistant City Attorney for the Cit Iowa. appointment of City of Iowa City, NOW, THEREFORE, BE, AND IT IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the appointment of William J. Sueppel as Assistant x City Attorney be and the same is hereby approved. t AND BE IT FURTHER RESOLVED that Mr. Sueppel's compensation be and the same iiis Admnst ative Pay�PlanOO annually, which is Grade E, Step B of the City's It was moved by Zuber ansecthe Resolution be adopted, and upon roll cola theredY Dickson were: AYES: NAYS: ABSENT; X X Ambrisco X Baker X Courtney Dickson X X McDonald X Strait Zuber 8th d Passed and approved this ay of September `., 1987. ATTEST: ' ,.� ,� 1/ �•�LCK &d 3 A VpQ atamrwm /304 .:. ,o• RESOLUTION N0. 87_Z� 3= RESOLUTION APPROVING A SCHEDULE FOR BEER PERMITS, WINE PERMITS, PERMITS FOR LICENSED PREMISES. OF FEES SETTING THE AMOUNTS OF FEES AND LIQUOR LICENSES, AND FOR DANCING WHEREAS, the State of Iowa Beer and Liquor Control Commission establishes the fees to be charged and collected by cities for processing beer Permit, and liquor license applications; and permit, wine WHEREAS, the City of Iowa City has in the fees in the 5 of the Code of Ordinances of the Cit amount Of such amounts therein stated are inaccurate in thatsthenStatedhaseincrey, and fees; and Y of Iowa City, and the WHEREAS, City staff has recommended that Chapter 5 be the amounts of the fees for beer permits be in the amount set b amended to provide that Beer Permittees Y the State and be�includedrinta Scheduls, and eof Feeforhas passed an ordWnanceeamending Chaptes and er Licensees, and this Cit effect; and Y Council P of the Code of Ordinances C that WHEREAS, City staff has also recommended that Chapter 5 be amended to provide that the amonninof theSfee edfor ule dancin Permits for licensed premiseat saids be set by this City Council has passed an ordinance amending Ch ptere5ito�thataeffectand . NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Schedule of Fees for Beer Permittees, Wine Permittees Licensees, attached hereto and made a part hereof, is hereby form and content. � and Liquor Y approved as to AND BE IT FURTHER RESOLVED THAT the City Clerk be and is hereby and directed, upon notification of a change by the State of amounts for beer permits authorized amend the said Schedule of Fees torconform with gsuchlchanses Iowa in the fee ately commence charging the new fee amounts as to immediately prescribed b and to imnedi- It was moved by Zuber Y the State. the Resolution be a op a an and seconded b upon ro call there were- Courtney — AYES: NAYS: Passed and approved this RRth day of ABSENT: Ambrisco Baker Courtney Dickson X McDonald Strait Zuber Se7tember , 1987. /3101 .o• Resolution No. 87-239 Page 2 MAY R ATTEST: 2??q, ��.,,� 2w RefcjIved pprevec CITY"CLERK / er , Oepartme�� / 308 .o• Schedule of Fees for Beer Permittees, Wine Permittees, and Liquor Licensees BEER PER14ITS Class B - $300/year Class B Sunday Sales - $60/year (can be pro -rated) Special Class C Beer -Wine - $585/year (effective 7/1/86) ( Sunday Sales - $117/year (can be pro -rated) (effective 7/1/86) I Class C/ Class E/ Sunday Sales Sunday Sales Both depend on size of retail space e {{E° $ 75/$15 $575/$15 (up to 1,500 sq, ft.) $100/$20 $600/$20 (over 1,500 - 2,000 sq. ft.) $200/$40 $700/$40 (over 2,000 - 5,000 sq. ft.) $300/$60 $800/$60 (over 5,000 sq, ft.) Class D - $800/year Class 0 Sunday Sales - $60/year (can be pro -rated) LIQUOR LICENSES Class A - $780/year (effective 7/1/86) r. Class A Sunday Sales - $156/year (can be pro -rated) (effective 7/1/86) Class A (less than 250 members) - $520/year (effective 7/1/86) i Class A Sunday Sales (less than 250 members) - $104/year (can be pro -rated) f (effective 7/1/86) Class B - $1,690/year (effective 7/1/86) t Class B Sunday Sales - $338/year (can be pro -rated) (effective 7/1/86) Class C - $1,690/year (effective 7/1/86) Class C Sunday Sales - $338/year (can be pro -rated) (effective 7/1/86) t Class E - Pop. 10,000: 1500 sq. ft. $2500; 1501-2000 sq. ft. $3500; 2001-5000 sq. ft. $5000; 5000+ sq, ft. $7500 Class E Sunday Sales - Automatic Class F - $2,190/year (effective 7/1/86) Class F Sunday Sales - $338/year (can be pro -rated) (effective 7/1/86) Class G - $1,085/year (effective 7/1/86) j Class G Sunday Sales - $117/year (can be pro -rated) (effective 7/1/86) Class H - $2,190/year (effective 7/1/86) Class H Sunday Sales - $338/year (can be pro -rated) (effective 7/1/86) /3oB .o• • 2 WINE PERMITS Class B Wine Permit - 5500/year Class B Winer Permit Sunday Sales - Holders automatically receive Sunday Sales DANCING PERMITS ;100/year for each 200 square feet of floor area to be used for dancing. Legend for License Classifications A -- Club B -- Hotel -Motel -Restaurant C -- Comnercial-Pharmacy-Grocery E -- Retail Liquor Stores /308 .1. 0 RESOLUTION NO. RESOLUTION APPROVING A SCHEDULE OF FEES SETTING THE AMOUNTS OF FEES FOR BEER PERMITS, WINE PERMITS, AND LIQUOR LICENSES, AND FOR DANCING PERMITS FOR LICENSED PREMISES. WHEREAS, the State of Iowa Beer and Liquor Control Commission establishes the fees to be charged and collected by cities for processing beer permit, wine permit, and liquor license applications; and WHEREAS, the City of Iowa City has in the past included the amount of such fees in Chapter 5 of the Code of Ordinances of the City of Iowa City, and the amounf§ therein stated are inaccurate in that the State has increased those fees; a WHEREAS, CiIX staff has recommended that Chapter 5 be amended to provide that the amounts o the fees for beer permits, wine permits, and liquor licenses be in the amou set by the State and be�ncluded in a and of Fees for Beer Permittees, ine Permittees and Li �q or Licensees, and this City Council has passed an ordi ance amending Chap er 5 of the Code of Ordinances to that effect; and WHEREAS, City staff ha also recor�rfiended that Chapter 5'be amended to provide that the amount of the a for dancing permits for licensed premises be set by resolution in said Sc edule�of Fees, and that said fee be increased, and this City Council has pass do ordinance amending Chapter 5 to that effect. NOW, THEREFORE, BE AND IT OF IOWA CITY, IOWA, THAT/ The Schedule of Fee Licensees, attached ry form and content. It was moved by the Resolution I AYES: Pasted and approved this RESOLVED BY THE CITY COUNCIL OF THE CITY Permittees, Wine Permittees, and Liquor a part hereof, is hereby approved as to and seconded by upon rol call there were: NAYS: ABSENT: day of Ambrisco Baker Courtney Dickson McDonald Strait Zuber , 1987. MAYOR Ved ATTEST: Depar;e �/ //�, CITY CLERK r /308 �d .V' RESOLUTION NO. s7-240 RESOLUTION SETTING THE AMOUNT OF THE FEE FOR ISSUANCE OF OR SOLICITOR'S LICENSE. WHEREAS A PEDDLER'S tor 's 7icenit bea f haseds recommended that the fee for fee3forI days, b eliminating theereducedtfee for of suchalicenserfromr solici_ oY issuance from a$30ti for 120 days to 120 days b20 forr30edals and by changing the WHEREAS, Chapter 26 Y and So Iowa Cisty, Iowa, now tion 26-17(b) of eachapplicationfor the City solicitor'P ovides that of Ordinances of Council by resolutionbe accompanied by a fee Peddler's in the amount set b or NOV,ity THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The fee for issuance of a 30 day peddler's or solicitor's same is hereby set in the amount of $20 It was license be and the Resolution be a Baker ado Baker an and seconded by upon ro call there were: Courtne the AYES: Passed and approved this 8th day of 3e12tember 1987. ATTEST:j` CLERK /3/0 NAYS: ABSENT: — X � AMBRISCO XX BAKER COURTNEY X DICKSON — X_ MCOONALD STRAIT ZUBER Passed and approved this 8th day of 3e12tember 1987. ATTEST:j` CLERK /3/0 Pei .Y' RESOLUTION NO. 87-241 ----------------- RESOLUTION SETTING CERTAIN FEES AND CHARGES WITH RESPECT TO THE ADMINISTRATION OF REGULATIONS FOR TAXICABS, TAXICAB DRIVERS, AND TAXICAB STANDS, AND SETTING THE MINIMUM LIMITS FOR LIABILITY INSURANCE FOR TAXICAB OPERATORS, AND RESCINDING PRIOR RESOLUTIONS NOS. 83-164, 85-324, AND 85-325. WHEREAS, Chapter 35 of the Code of Ordinances of the City of Iowa City, Iowa, establishes regulations for taxicabs and taxicab drivers operating within the City of Iowa City; and WHEREAS, Section 35-34 thereof provides that a fee as set by Council resolution be paid by the applicant for the issuance of a taxicab license or a taxicab driver's license; and WHEREAS, Section 35-32 thereof provides that the applicant for a taxicab license must file in the office of the City Clerk a motor vehicle operator's liability insurance policy in a form approved by the City and with minimum limits as set by City Council resolution; and WHEREAS, Section 35-31.1 thereof licensed to do business in Iowa required fee, be entitled to one City street right-of-way to be Engineer; and provides that any taxicab owner City shall, upon payment of the taxicab stand at a location on designated by the City Traffic WHEREAS, upon recommendation of City staff, this Council believes it advisable to adjust the fees for taxicab licenses, taxicab operator licenses, and for taxicab stand permits, and to adjust the limits of liability insurance for taxicab operators. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following fees are hereby established: For the issuance of taxicab license decal, $25.00 each taxicab, for a one-year period, starting March 1, 1988, unless suspended or revoked. A $5.00 fee will be charged for replacement of a taxicab license decal. If the City is notified by the insurance carrier of cancellation of insurance, the decal will be removed by the licensee and returned to the City Clerk's office. There will be no refund of the license fee. For the issuance of taxicab driver's license, $7.50 each driver, good for a one-year period or period of Chauffeur's License if under one year. /3/2- .1. M Resolution No. 87-241 Page 2 ------------- 3. For the issuance of taxicab stand permit, $360.00 per year for each stand. AND BE IT FURTHER RESOLVED that the minimum limits for motor vehicle operator's liability insurance for taxicab operators be established at the following minimum limits, with no deductibles: To cover the assured's liability for personal injury or death of one person, as a result of one accident, or other cause, One Hundred Thousand Dollars ($100,000.00). To cover the assured's liability for personal injury or death of more than one person, as a result of one accident, or other cause, Three Hundred Thousand Dollars ($300,000.00). To cover the assured's liability for damage to or destruction of property other than that of the assured, as a result of any one accident, or other cause, Fifty Thousand Dollars ($50,000.00). AND BE IT FURTHER RESOLVED that prior Resolutions Nos. 83-164, 85- 324 and 85-325 be and the same are hereby rescinded. It was moved by7,h�r and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker x Courtney x Dickson X McDonald X Strait X Zuber Passed and approved this 8th day of September, 1987 / L " MAYOR ATTEST: / 4ta-.J.J 41 Fct J CITY CLERK /3/.t