Loading...
HomeMy WebLinkAbout1986-06-17 ResolutionRESOLUTION NO. 86-163 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: See attached list. It was moved by Courtney and seconded by Baker that the Resolution as read be adopted, and upon ro ca ­tere were: AYES: NAYS: ABSENT: Ambrisco X Baker X Courtney X Dickson X McDonald X Strait X Zuber X Passed and approved this 17th day of June 19 86 i� Mayor Attest:;C. 5ti1n4J Ci y Clerk 1W t� CIGARETTE PERMITS: July 1, 1986 to June 30, 1987 June 17 1986 Council Meeting Old #_nil # 85-00029 85-00045 85-00052 85-00053 85-00139 85-00030 85-00023 86-00022 85-00112 85-00090 85-00091 85-00092 85-00093 85-00094 85-00096 85-00097 85-00099 85-00100 85-00101 85-00102 85-00103 85-00104 85-00105 85-00107 85-00108 85-00109 85-00154 86-00006 86-00007 86-00008 86-00009 85-00135 85-00003 87-03137 87-03138 87-03139 87-03140 87-03141 87-03142 87-03143 87-03144 87-03145 87-03146 87-03147 87-03148 87-03149 87-03150 87-03151 87-03152 87-03153 87-03154 87-03155 87-03156 87-03157 87-03158 87-03159 87-03160 87-03161 87-03162 87-03163 87-03164 87-03165 87-03166 87-03167 87-00004 87-00005 87-03168 87-00006 87-00007 87-03169 Walgreen's, 1646 Sycamore Street L$M Mighty Shop, 504 E. Burlington Street Sheller Globe, 2500 Hwy.6 Muscatine Road Owens Brush Company, Gringo's, 115 E. College Street Iowa City Eagles #695, 225 Hwy. 1 South Foxhead Tavern, 402 E. Market Dan's Short Stop, 2221 Rochester Avenue East-ilest Oriental Foods, 615 Iowa Avenue Bill'S I-80 DX, Hwy. 1 $ 1-80 Copper Dollar, 211 Iowa Avenue Deadwood, 6 S. Dubuque Street Doc's Standard, 801 S. Riverside Drive Fitzpatrick's, 525 S. Gilbert Strcet R.T. Grunts, 826 S. Clinton Street Kitty Hawk, 800 S. Dubuque Street Mama's, 5 S. Dubuque Street Paul's Hardware, 424 Hwy• 1 W. Rossie's Cafe, 329 S. Gilbert Street Sanctuary, 405 S. Gilbert Street Senor Pablos, 830 First Avenue 6:20, 620 S. Madison Street Sports Colum, 12 S. Dubuque Street VFW #3949, Hwy. 6 Bypass Village Inn, 9 Sturgess Corner Vine, 330 E. Prentiss Street Howard Johnson's, I-80 6 N. Dodge Lenny's, 122 Wright Street Dooley's, 18-20 S. Clinton Magoo's, 206 N. Linn Donutland, 817 S. Riverside Drive King Richard's, 1578 Eastdale Park Moose Lodge 01096, P.O. Box 26 Kirkwood 76, 300 Kirkwood Avenue College Street Club, 121 East College Street Iva $ Company, 1910 S. Gilbert Colonial Lanes, 2253 Old Hwy. 218 S. 1W RESOLUTION N0. 86-164 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS. Needs 18 S. Clinton bL1cKer nu. ov-vavvv in Iowa City, Iowa, has surrendered cigarette permit No. 86-30 , expiring June 30 11987 and requests a refund on the unused portion therof, now therefore, BE IT RESOLVED BY TffE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette Sticker No. 86-03064 permit No. 86-30 , issued to David W. Peters - Needs be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $100.00 , ppayable to David W. Peters as a refund on -Sticker No. 86-03064 cigarette permit No. 86-30 . It was moved by Courtney and seconded by Baker that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X _ Baker X — Courtney X _ _ Dickson X McDonald X Strait X Zuber X Passed and approved this 17th day of June ,1986 Attest: C� -.,�, K 5(� Tide li 1 CLERK /0o$ =14„ RESOLUTION NO. 86-16S RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF NORTH DUBUQUE ROAD IMPROVEMIENTS MILE DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the ist_ day of July , 1986 , at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the 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 said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Courtne and seconded by Baker that the resolution as read be a opte an 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 17th day of June 19 86 . / I AYOR ATTEST:, J Gi1Y CL RK Rowtvod 8 Approves Ey the legal DeNmnnit /0/9 r RBS. N'0. 86-166 Proceedings to Hold Public FOR YOUR RECORDS Hearing and Adjourn IDR -9831 (HRG) Iowa City, Iowa June 17 , 1986 The City council of Iowa City 19Iowa, met in regular session on the 17th 7:30 o'clock �•m•, day of law and at tie Council Chan and to thelvlq n rules1oftsaid1Council. The omeeting o published notice, was called to order and there were present Ambrisco Baker Courtney. Dickson, McDonald Absent: Strait Zuber This being the time and place specified for the public hearing on the proposal to issue Hospital Facility Refundiin Revenuean Bonds Series 1986 (Mercy Hospital, Iowa City, Iowa), principal amount not to exceed $26,000,000, the Mayor declared gate the hearing open and announced that all residents attending would be given an opportunity to express their views for or against the proposal to issue the Bonds. The following residents expressed their views as follows: -1- BELIN HARRIS HELMICK, ATTORNEYS, DES MOINES, IOWA /0.30- =1A After all residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the Bonds, Council Member McDonald introduced a Resolution entitled: "Resolution adjourning to ,„,y i , 1986, a public hearing and the decision whether or not to proceed with the issuance and sale of not to exceed $26,000,000 aggregate principal amount of Hospital Facility Refunding Revenue Bonds, Series 1986 (Mercy Hospital, Iowa City, Iowa) of the City of Iowa City, Iowa” . and moved its adoption, seconded by Council Member Dickson After due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the role being called the following named Council members voted: Ayes: Courtney Dickson McDonald Ambrisco, Baker Nays: None Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote, the m tin%,adjourne . ayor ATTEST: City Clerk (SEAL) -2- BELIN HARRIS HELMICK. ATTORNEYS, DES MOINES, IOWA /O 3se- r- RESOLUTION NO. 86-166 "Resolution adjourning to o proceed a public hearing and the decision whether or not to proceed with the issuance and sale of not to exceed $26,000,000 aggregate principal amount of Hospital Facility ding Revenue Bonof Iowa1City,es 19Iowaercy" Refun Hospital, Iowa City, Iowa) of the City WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, utho State temof Iowaered (the by theiprovisions of Chapterrr419dofuthe mnic1codetofaIowa, rized and 1985, as amended (the "Act") to issue revenue bonds to refund any bonds 'ssued under the provisions of the Act; and i WHEREAS, the Issuer has been requested by Mercy Hospital, Iowa issue City, Iowa, an Iowa nonprofit corporation (the "Hospital"), to its the IOf W refunding evenuesbonds pursuan000 toto tae FacilAct itytRefundinghe eRevenue Bonds, Series 1983 (Mercy Hospital Project) dated July 1, 1982lexpensssued esrandnt to the Act (the "Series 1983 Bonds") and (ii) paying other commissions incur983thecSeries1on 19831Bonds; anduance of such bonds and the refunding WHEREAS, it is proposed to refund the Series 1983 Bonds throuries l986 the issuance of Hospital , Iowa) offthelIssuer, in an aggregate Revn(Mercy Hospital, Iowa City, principal amount not to exceed $26,000,000 (the "Series der a Loan eeme Bonds" Atal the Iand o loan asaid amount to the H mutuallynacceptable termsmethebetween I will be sufficient to pay the principal of and obligation of which redemption premium, if any, and in on the Series 1986 Bonds as and when the same shall be due and payable; and WHEREAS, notice of intentionCouncil toistheIueuere thbeeSet n duly Bgivendinonds Cityhas, as directed by the compliance with the Act and Section 103(k) of the Interna Revenue Code; and e proposal to issue WHEREAS, a public hearing has been held on th ec athe Seres nd alllobjecti nsnor otherecommentstime drelatingstopthefissuancein aof' the ice Series 1986 Bonds have been heard; and it is desired to adjourn said public hearing; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -3- BELIN HARRIS HELMICK ATfORNEVS, DES MOINES, IOWA /o3f4 r- i Section 1. It is hereby determined that the public hearing be adjourned to July 1 1986 at 2,l. o'clock �.m. at the _Cnnnril Chnmhor , In the Clty Section 2. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 3. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 17th day -of June , 1986. ATTEST: Cit Clerk (SEAL) l Mayor r - State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, being first duly sworn, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to holding a hearing and adopting a Resolution to Adjourn hearing and the decision of whether or not to proceed with the issuance and sale of not to exceed $26,000,000 aggregate principal amount of Hospital Facility Refunding Revenue Bonds, Series 1986 (Mercy Hospital, Iowa City, Iowa) of the City of Iowa City, Iowa. WITNESS my hand and the corporatesealof said City hereto affixed this 17th day of June (seal) 6 :2 a Cit Clerk i 1 0. �J � RES. N0. 86-167 June 17 , 1986 The City Council of Iowa City, Iowa, met in regular session, in the Civic Center, 910 E. Washington, Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor Ambrisco in the chair, and the following named Council Members. Ambrisco, Baker, Courtney, Dickson, McDonald Absent: Strait, Zuber f�- The presiding officer announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $41,450,000 Sewer Revenue Bonds of said City, in order to provide funds to pay costs of acquisition, construction, extending, improving and equipping of wastewater conveyance and treatment facilities of the municipal sanitary sewer utility, and that notice of the proposed action to institute proceedings for the issuance of said bonds, had been published pursuant to the provisions of Section 384.83 of the City Code of Iowa. Inquiry was made whether any written objections had been filed by any resident or property owner of the City to the issuance of said bonds by the City. The Clerk stated that no written objections had been filed. Oral objections to the issuance of said bonds were then called for and received and none were made. Whereupon, the presiding officer declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) -2- AM,., Gxxxy. IArmrdn 14yruq S-111 A Alit,, i e". M AW— 4m, /034 O3C -,1L; t' The proposed action and the extent of objections thereto were then considered. Whereupon, McDonald introduced and Resolution hereinafter set out delivered to thj--Clerk thffe entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $41,450,000 SEWER REVENUE BONDS," and moved its adoption. Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Dickson, McDonald, Ambrisco, Baker, Courtney. NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $41,450,000 SEWER REVENUE BONDS WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of $41,450,000 Sewer Revenue Bonds for the purpose of paying costsof acquisition, construction, extending, improving and equippingwastewater conveyance and treatment facilities of the municipal sanitary sewer utility; and the extent of objections received from residents or property owners as to said proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $41,450,000 Sewer Revenue Bonds for the foregoing purpose. -3- Al�lm. Gvxn', IMmrvYy lWy, Snnlh A Allel, Wx(en. =1J; Section 2• The Clerk onand behalfFinance therCityrwith thesale are authorized of and directed to proceed said bonds, toselect aotice andesale informatiofor the sale n asomay tappeaSe o be pr p permit appropriate, to otherwisehtontakesallbactionenecessarybtoapf o the City the sale of said bonds on a basis favorable to the City an acceptable to this governing June f PASSED AND APPROVED, this 17th day o 1986. p yo ATTEST: r CIG -3 9-85 CERTIFICATE STATE OF IOWA ) COUNTY OF JOHNSON ) SS I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective Positions. WITNESS my hand and the seal of said Municipality hereto affixed this 17th day of June , 1986. SEAL City Clerk, IowaCity, Iowa Ahlrn Ovrrxy. Ibr_j,t 14ynN. Snntli A AIIbrv•. Lxp•n I,, A,_ baa 110,34 D� _.A1 r i Posted: 6/17/86 @ 4:00 p.m. d))'d Removed: 6/18/86 @ 9:30 a.m. (6 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING ORIGINAL Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: June 17, 1986 Time of Meeting: 7:30 p.m. Place of Meeting: Civic Center, 410 E. Washington, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: $41,450,000 Sewer Revenue Bonds. - Public hearing on the issuance. - Resolution instituting proceedings to take additional action. Such additional matters as are set forth on the addi- tional 21 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. '277 e4 - 'My Clerk, Iowa City, Iowa Ahlm, C., N-, Smith 6 A11111-Kn U N"'-. W . T /03L a r- I 0 RES. NO. 86-168 June 17 , 1986 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 East Washington, Iowa City, Iowa, at 7:30 oIclock P .M., on the above date. There were present Mayor Ambrisco in the chair, and the following named Council Members: Ambrisco, Baker, Courtney Dickson i McDonald Absent: Strait, Zuber -1- AhIrn, Conroy, Mo Jrt 11", Smnh 6 Alllxr. lAw , On AHnrA lox, /o.�p fi The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance f $2,625,000 General obligation Bonds in order to provide to pay costs of construction, reconstruction and repairing of street improvements; acquisition, installation and repair of traffic control devices; acquisition, construction, improvement and installation of street lighting fixtures, connections and facilities; acquisition, construction, reconstruction, enlargement, improvement and repair of bridges, culverts, grade crossing separations and approaches thereto, including railroad crossings; and acquisition, construction, reconstruction, improvement, repair and equipping of waterworks, an essential corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the issuance of said bonds, had been published pursuant to the provisions of Section 384.25 of the City Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any city resident or property owner to the issuance of said bonds. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the issuance of said bonds and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. r The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Courtney introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $2,625,000 GENERAL OBLIGATION BONDS", and moved: Lj:/ that the Resolution be adopted. L/ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock .M. on the day of 1986, it this place. Council Member Dickson seconded the motion. The roll was called and the vote was, AYES: McDonald, Ambrisco, Baker, Courtney, Dickson. NAYS: None Whereupon, the Mayor declared the measure duly adopted. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $2,625,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $2,625,000 General Obligation Bonds for the essential corporate purpose of paying costs of construction, reconstruction and repairing of street improvements; acquisition, installation and repair of traffic control devices; acquisition, construction, improvement and installation of street lighting fixtures, connections and facilities; acquisition, construction, reconstruction, enlargement, improvement and repair of bridges, culverts, grade crossing separations and approaches including railroad crossings; and acquisition, construction, reconstruction, improvement, repair and equipping of waterworks, and has considered the extent of objections -3- AhlM Cow. , Mo l" I1.,"e. S Lh A Alit,, I1 , O Mi11lm. 1632 -,A� received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action offor the sale and General issuance in the manner required by law Obligation Bonds for the foregoing essential corporate purpose. Section 2. The Clerk and Finance he City with thehsaleeof and directed to proceed on behalf of the City j said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear publish and distribute the same on behalf of the City and this Council and otherwise to take all action appropriate, to necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. 1986. PASSED AND APPROVED this 17th day of jun i t' ayor ATTEST: 00 - I - M- M - -� -a- nlu.n C« �1_fW e.s lh a nine �r•, a.rw�. hw. /03 t_. CIG-3 4-85 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting Held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which ' was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said E proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this ]7th day of June , 1986. SEAL city Clerk, Iowa City, Iowa AIAm. C( ry, Jb Tft J4Mt 9mh A AIINa UArm. N+ WN ' kx, /0.347 -A Posted: 6/17/86 @ 4:00 p.m. djd Removed: 6/18/86 @ 9:30 a.m. djd (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. QRIGINT1.9- Date of Meeting: June 17, 1986 Time of Meeting: 7:30 p.m. Place of Meeting: Council Chambers, Civic Center, 410 East Washington, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: $2,625,000 Essential Corporate Purpose General Obligation Bonds. - Public hearing on the issuance. - Resolution instituting proceedings to take additional action. Such additional matters as are set forth on the addi- tional �_ page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. 2%7a .d m//— JT,/,, � City Clerk, Iowa City, Iowa Me, Crory, Uu J. 1", 5.6 A AlA ,, 1,w , (M Abim. Mn. /6M t" RESOLUTION NO. 86-169 A RESOLUTION APPROVING THE APPOINTMENT OF STEPHEN J. ATKINS AS CITY MANAGER FOR THE CITY OF I014A CITY, APPROVING AN EMPLOYMENT AGREEMENT RELATING THERETO, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME FOR AND ON BEHALF OF THE CITY. WHEREAS, this City Council has determined that it would be in the best inter- ests of the City of Iowa City, Iowa, to appoint Stephen J. Atkins as City Manager for the City of Iowa City; and WHEREAS, an Employment Agreement between the City and Stephen J. Atkins as City Manager has been prepared, which Employment Agreement is attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Stephen J. Atkins be and he is hereby appointed City Manager for the City of Iowa City, Iowa; and The Employment Agreement attached hereto and made a part hereof is hereby approved as to form and content; and The Mayor and City Clerk be and they are hereby authorized and directed to execute said Agreement for and on behalf of the City of Iowa City, Iowa. It was moved by Courtney and seconded by Baker L the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X_ Baker Courtney Dickson McDonald X Strait x_ Zuber Passed and approved this 17th day of June , 1986. / MI OR ATTEST: )%la,• s� 9C . 7`a!AJ T LERK Received & Appmvau By The Legal Deparinienl /as/ t� EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this day of June, 1986, by and between the City of Iowa City, State of Iowa, a municipal corporation hereinafter called "Employer," and Stephen J. Atkins, hereinafter called "Employee," each of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said Stephen J. Atkins as City Manager of the City of Iowa City, as provided by Article IV of the Charter of Iowa City and Section 2-54 of the Iowa City Code of Ordinances; and WHEREAS, it is the desire of the City Council of Iowa City, hereinafter called "Council," to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is the desire of the Council to (1) secure and retain the serv- ices of Employee and to provide inducement for him to remain in such employ- ment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the party of Employee, and (4) to provide a just means for terminating Employee's services at such time as he may be unable fully to discharge his duties or when Em- ployer may otherwise desire to terminate his employ; and WHEREAS, Employee desires to accept employment as City Manager of Iowa City; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer hereby agrees to employ said Stephen J. Atkins as City Manager of said Employer to perform the functions and duties specified in Article IV of the City Charter and by the Iowa City Code of Ordinances, and to perform other legally permissible and proper duties and functions as the Council shall from time to time assign. Section 2. Term A. This agreement shall be for an indefinite time. B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 4, para- graphs A and B, of this agreement. C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provisions set forth in Section 4, paragraph C and Section 10, paragraph 0. of this agreement. 'D S/ `Al N -A, 0. The term "employed" shall not be construed to include occasional teach- ing, writing, consulting or military reserve service performed on em- ployee's time off. Section 3. Suspension Employer may suspend the Employee with full pay and benefits at any time during the term of this agreement, but only if (1) a majority of Council and Employee agree, or (2) after a public hearing, a majority of Council votes to suspend Employee for just cause provided, however, that Employee shall have been given written notice setting forth any charges at least ten days prior to such hearing by the Council members bringing such charges. Section 4. Termination and Severance Pay A. In the event Employee is terminated by the Council during such time as Employee is willing and able to perform his duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash pay- ment equal to six months' aggregate salary; provided, however, that in the event Employee is terminated because of his conviction of any illegal act involving personal gain to him, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. B. In the event Employer at any time during the term of this agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all City employees, or in the event Employer refuses, following written notice, to comply with any other provision benefitting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the Council that he resign, then, in that event, Employee may, at his option, obe detedpetiethe date uction or schrefusa000mlyw hinthe meaningandcontextof thuch e severance pay provision. C. In the event Employee voluntarily resigns his position with Employer, then Employee shall give Employer two months notice in advance, unless the parties otherwise agree. Section 5. Disability If Employee is permanently disabled or is otherwise inunablety o to perform for m his duties because of sickness, accident, injury, menta a period of four successive weeks beyond any accrued sick leave, or for twenty working days over a thirty working day period, Employer shall have the option to terminate this agreement, subject to the severance pay requirements in Section 4, paragraph A. However, Employee shall be compensated for any accrued sick leave, vacation, compensatory time and other accrued benefits. /05/ t' 3 Section 6. Salary Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $62,000, payable in installments at the same time as other employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or other bene- fits of Employee in such amounts and to such extent as the Council may deter- mine that it is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given other employees generally. Section 7. Performance Evaluation A. The Council shall review and evaluate the performance of the Employee at least once annually. An initial review shall occur in January, 1987, and a second review in July, 1987. Thereafter, annual reviews shall take place in advance of the adoption of the annual operating budget. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Said criteria may be added to or deleted from as the Council may from time to time determine, in consultation with the Employee. Further, the Council shall provide the Employee with a summary written statement of the findings of the Council and provide an adequate opportunity for the Employee to discuss his evaluation with the Council. B. Annually, the Council and Employee shall define such goals and perform- ance objectives which they determine necessary for the proper operation of the City and in the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this Section, the Council and Employee mutually agree to abide by the provisions of applicable law. Section 8. Hours of Work It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer, and to that end Employee will be allowed to take compensatory time off as he shall deem appropriate during said normal office hours. Section 9. Outside Activities Employee shall not spend more than ten hours per week in teaching, counseling or other non -Employer connected business without the prior approval of the Council. /OS/ t� 4 Section 10. Moving Expenses A. Employee shall be reimbursed, or Employer may be paid directly, for the expenses of packing and moving himself, his family, and his personal property from his present residence to Iowa City. Said payment or reim- bursement may include unpacking, any necessary storage costs, and insur- ance charges. B. Employee shall be reimbursed by Employer for the reasonable expenses incurred by him and his spouse in travelling between his present resi- dence and Iowa City for househunting purposes. Such expenses shall be limited to two such trips, and shall include mileage at a rate of 20d per mile, meals and lodging. C. Employer shall reimburse Employee for the cost of temporaryhousing for the period after commencing employment but before moving from his present residence. Such reimbursement shall be limited to $800.00 per month for no more than six months. D. In the event Employee voluntarily terminates his employment before July 15, 1987, Employee shall be required to reimburse Employer for all ex- penses paid or reimbursed under this Section 10. Section 11. Automobile Employee's duties require that he shall have the exclusive and unrestricted use at all times during his employment with the Employer of an automobile provided to him by the Employer. Employer shall be responsible for paying for liability, property damage and comprehensive insurance and for the pur- chase, operation, maintenance, repair and regular replacement of said automo- bile. Employee shall have the use of the automobile used by the previous City Manager. At such time as that automobile is due to be retired from City service, the Employer agrees that it will negotiate with Employee for a cash automobile allowance in lieu of City -furnished automobile. Section 12. Vacation, Sick and Military Leave A. As an inducement to Employee for him to become City Manager, upon com- mencement of employment, Employee shall be credited with 20 days of vacation leave and 12 days of sick leave. Thereafter, Employee shall accrue, and have credited to his personal account, vacation and sick leave at the same rate as other general employees of employer. B. Employee shall be entitled to military reserve leave time pursuant to state law and City policy. Section 13. Disability, Health and Life Insurance A. Employer agrees to make required premium payments for insurance policies for such life, accident sickness, disability income benefits, major medical and dependent's coverage group insurance covering Employee and his dependents as Employer may now or hereafter have in effect for its administrative employees. /OS/ B. In addition, Employer agrees to pay the required premiums on term life insurance policies equal in amount to $100,000, with the beneficiary named by Employee to receive any benefits paid. C. Employer agrees to provide dental, hospitalization, surgical and compre- hensive medical insurance for Employee and his dependents and to pay the premiums thereon equal to that which is provided all other employees of Employer or, in the event no such plan exists, to provide same for Em- ployee. Section 14. Retirement A. Employer agrees to execute all necessary agreements provided by the In- ternational City Management Association Retirement Corporation (ICMA-RC) for Employee's continued participation in said ICMA-RC retirement plan and, in addition to the base salary paid by the Employer to Employee, Employer agrees to pay $7,500.00 per annum into the ICMA-RC on Employee's behalf, in equal proportionate amounts each pay period, and to transfer ownership to succeeding employers upon Employee's resignation or dis- charge. B. Iowa Code Sec. 978.73 provides that a person who was a member of a public retirement system of another state, but was not vested or retired under that system, may obtain credit for membership service in the Iowa Public Employees' Retirement System (IPERS) by making certain payments to the IPERS system. Employer agrees that it will make such payments, in an amount not exceeding $2,000 per year, for up to four years, if Employee remains employed by the City for at least four years. The annual contri- bution shall be accrued or set aside during each fiscal year, but no payment shall be made until Employee has completed four continuous years of service for Employer. Employer agrees that it will consider making additional payments in lieu of salary increases after the four year period. Employee shall be solely responsible for providing documentation required by IPERS for such credit. Section 15. Dues and Subscriptions Employer agrees to budget and pay for the professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations nee sary and desirable for his continued professional participation, growth vancement, and for the good of the Employer, specifically, including but not limited to ICMA and Iowa CMA dues. Section 16. Professional Development A. Employer hereby agrees to budget for and to pay the travel and subsis- tence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Em- ployee and to adequately pursue necessary official and other functions for Employer, including but not limited to two Annual Conferences of the International City Management Association, the state league of municipal- ities ups and such d committees thereofwhichregional, servestate nas aocal membeovernmental ' Q s/ t- 2 B. Employer also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the Em- ployer. Section 17. General Expenses Employer recognizes that certain reasonable and customary expenses of a nonpersonal and generally job -affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay said general expenses, and the Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. Section 18. Civic Club Membership Employer recognizes the desirability of representation in and before local civic and other organizations, and Employee is authorized to become a member of a reasonable number of such civic clubs or organizations, for which Em- ployer shall pay all expenses. Employee shall report to the Employer on each membership that he has taken out at Employer's expense. Section 19. Indemnification Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether ground- less or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Manager. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Section 20. Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 21. Other Terms and Conditions of Employment A. The Council, in consultation with the manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the City charter or any other law. B. All provisions of the City Charter and Code, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addi- tion to said benefits enumerated specifically for the benefit of Employee except as herein provided. 'e of/ 9 --Al 7 _A' C. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing accrual and payment therefor on termination of employment. Section 22. No Reduction of Benefits Employer shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer. i Section 23. Notices Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: William J. Ambrisco, Mayor 410 E. Washington St. Iowa City, Iowa 52240 (2) EMPLOYEE: Stephen J. Atkins Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. i Section 24. General Provisions A. The text herein shall constitute the entire agreement between the par- ties. B. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This agreement shall become effective commencing 19 BCS. D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, Iowa City, Iowa, has caused this agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. ,40mr/ t-- ATTEST: CITY CLE APPROVEC o" �Cl/TYY OF IOWA CIT I WA t- RESOLUTION NO. 86-170 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE ELDERLY SERVICES AGENCY TO ADMINISTER A SHARED HOUSING PROGRAM FOR THE ELDERLY AND HANDICAPPED PERSONS OF JOHNSON COUNTY. WHEREAS, the City of Iowa City deems it in the public interest to provide assistance to the elderly and handicapped people in Johnson County who are in need of programs which aid them in their efforts to remain independent; and WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Hous- ing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City of Iowa City wishes to utilize part of such funds to con- tract with the Elderly Services Agency, Inc. to administer a Shared Housing Program for the elderly and handicapped persons of Johnson County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest an Agreement (copy attached) with the Elderly Services Agency to administer a Shared Housing Program. It was moved by NicDonald and seconded by Courtney the Resolution be adopted, an 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 17th day of June 1986. ATTEST: CITYI /It�dR __e__eaAA ) Received $ Approved 8Y +I Dopy ��� /D.sdL AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ELDERLY SERVICES AGENCY FOR THE USE OF 1986 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE SHARED HOUSING PROGRAM THIS AGREEMENT, entered into on thisdyo am1986 b and between the City of Iowa City, a municipalcorpora_ ion erein re- ferred to as the "City"), and the Elderly Services Agency, an Iowa not- for-profit corporation (herein referred to as "ESA"). HWHEREAS, the City is the recipient of Community Development Block Grant herin referred to as and Urban Development (here funds, referred to ash"HUD") Department of under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City and ESA wish to provide the elderly and handicapped residents of Johnson County with living arrangements that will enhance their ability to remain independent and stay in their homes. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1.1. PURPOSE AND SCOPE OF SERVICES: A. The ESA agrees to use the funds being provided hereunder to assist in providing the elderly and handicapped residents of Johnson County with the necessary environment and support that will allow them to remain in their homes. B. During the term of this Agreement the ESA agrees to administer a Shared Housing Program that will assist elderly and handi- capped homeowners in matching and selecting compatible and supportive housemates. The program shall be conducted in a manner substantially consistent with the proposal submitted by ESA, dated November 18, 1984, attached hereto and incorporated herein as Exhibit A. Any modification or deviation from said furtheray proposal must h utilizethe Shared Housing ave Citreview nProg amvmanualTprovidedmby the Housing P ogramas a guide to shall be referred to as "the Program(). Shared 1.2. TIME AND PERFORMANCE AND FUNDING: A. This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1987. B. The City shall pay to ESA an amount not to exceed $20,000 to be used for the Shared Housing Coordinator staff position and to cover direct costs of administering the Program. C. Partial payment shall be mademonthly upon presentation of an invoice or bill detailing expenditures for the previous month. If the invoice or bill is delivered to the City by the 5th day of the month, reimbursement will be made to ESA by the 15th day of the month. /ASS. -2- D. In the event that ESA is unable to meet the objectives set forth in the Program, or if the program is terminated, this Agreement shall terminate. 1.4. GENERAL ADMINISTRATION: A. The Shared Housing Coordinator shall be responsible for ad- ministration of the Program, including preparation of a program budget for the City's approval. All expenditures under the program shall conform to OMB Circular A-122, Cost Principles for Non -Profit Organizations, and Attachment 0, Procurement Standards of OMB Circular A-110. Copies of the circulars will be provided by the City. B. ESA shall submit quarterly reports to the City's Department of Planning and Program Development, CDBG Administration, on or before the 15th day of July, October, January, and April of each year until all CDBG funds disbursed under this Agreement have been expended. Such reports shall document the progress of the Program and contain any other such information as reasona- bly required by the City. C. Not later than July 31, 1987, ESA will provide the City with a certified statement of the expenditure of funds disbursed under this Agreement for Program Year 1986. D. Other reports, audits and inspections: 1. ESA shall furnish to the City or HUD within the time re- quested, such statements, records, data, and information as the City or HUD may reasonably request pertaining to this Agreement. 2. At any time during normal business hours, ESA shall make available to the City, HUD and or the Controller General of the United States, or their duly authorized representa- tives, all of its books and records in order to permit examination or audit with respect to matters covered by this Agreement. 3. ESA shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this Agreement for a period of three years from the termination of this Agreement. 1.5. GENERAL TERMS AND CONDITIONS This Agreement shall be subject to the following terms and condi- tions, to wit: /OSS -3- A. Equal Employment Opportunity ESA shall not permit any of the following practices: discharge from employment, refusal to hire, or discrimination against any person in terms, conditions, or privileges of employment be- cause of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. B. Non-discrimination in Services ESA shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, mari- tal status, sexual orientation or disability. C. Termination This Agreement may be terminated upon 30 days written notice by either party, or, if either party defaults hereunder and fails to cure such default within five (5) days after notice of default is given by the other party. D. Interest of ESA ESA covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services under this Agreement. ESA further covenants that in the per- formance of this Agreement, no person having any such interest shall be employed by ESA. E. Interest of Certain Other Officials No member of the governing body of the City, no officer, em- ployee, official or agent of the City, or other local public official who exercises any function or responsibilities in connection with the review, approval or carrying out of the Program to which this Agreement pertains, shall have any pri- vate interest, direct or indirect, in this Agreement. F. Assignability ESA shall not assign or transfer any interest in this Agreement without the prior written approval of the City. G. Hold Harmless Provisions ESA agrees, during and after the term of this Agreement, to defend and indemnify the City, and its officers, agents and employees, and to hold them harmless from all losses, costs, liabilities, damages or expenses, directly or indirectly in- curred, arising from, as a result of, or in connection with, this Agreement or any service provided by ESA hereunder. —AI -4- IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date above stated. CITY OF IOWA CITY LL ^ WI ATTEST: ELDERLY SERVI S AGENCY e �0- OLn.� , �l E11IIB1T A —f ELDERLY SERVICES AGENCY of Johnson County x-1,1 28 South Linn Street • Iowa City, Iowa 52240 0 356.5215 November 18, 1984 REG LI V Eli Mr. Doug Boothroy NOV 191984 Director of Housing & Inspection Services 410 East Washington Street IIOUSIN061NSPEMONSERVIM Iowa City, Iowa 52240 Dear Doug: Attached you will find the application from Elderly Services for the Shared housing Program for elderly and handicapped residents in Johnson County. We would like to commend your staff and the people involved in making up the manual you distributed. It is a beautiful piece of work. The Board of ESA asked me to write detailing a couple of matters of concern about the envisioned program. The first has to do with the implementation of the program. Because we believe that we should be very careful at the onset, the Board agreed that it saw the development of the project as taking place in three stages, should it be awarded to ESA. The first, to be put into effect by September of 1985 would be the "share my home" (inter- generational homesharing) concept. The "peer sharing" (elderly with elderly) would begin the next year, and the "shared living" (elderly with handicapped) the year after that. The Board suggested that we work with Independent Living for the "shared living" phase, using them as consultants. I have spoken to Jess Bromsen, the Director of that program, and he has agreed to help. The second has to do with the homes of elderly people and meeting the various housing regulations. The proposal makes it clear that this should be done. Our concerns are that because 50% of the elderly across the nation live in structures built in 1939 or earlier, much of this housing will be in disrepair. The 1976 report of the U.S. Senate Special Committee on Aging concluded that at least 30% of the elderly live in substandard, deteriorating or dilapidated housing. Because we suspect that shared housing will appeal especially to the low-income elderly, that percentage may be even higher in our appli- cant population. We know that the houses will have to be inspected and wonder where the funds for that inspection will come from. We also worry that the cost of repairs to the house may be so high that it would not be in the financial best interests of the elderly person to proceed with the idea even though his/her health and well-being might benefit from it. It occurs to me that the CDBG funds awarded to ESA for repairs would be ideal to use for this purpose. But the front pages tell us that David Stockman plans to cut those funds to zero for the next two fiscal years. Is there some way that we can avoid these kinds of expenses? I know that you cannot work a miracle and make the regulations go away. We bring these problems to your attention only because we feel that they may affect the success of the program. /osda Page Two November 18, 1984 ESA Housing Application The Board also asked me to tell you that we plan to use the resource of the City of Iowa City Police Department to check the local records of applicants to the program. We feel this to be in the best interests of the elderly, and that the requirement to sign a release for that kind of record search may be effective in and of itself in screening out undesirable applicants. If you have any questions about any part of the application, please let me know. Sincerely, Jeanne Snow Executive Director js f 0 9d. APPLICATION FOR SHARED HOUSING PROJECT I. AGENCY INFORMATION Elderly Services Agency 28 South Linn 356-5215 Jeanne Snow Executive Director List of Current Board Members: Stan Good, President Don Benda, Vice President Corinne Schoer, Secretary Roberta Patrick Marie Dr. ] Mary Gary Dori: Betty Whit( Authoriza ion: n J'j -Sran Good, Presid t ESA Board of Dir 7tors Board Approval of Application: November 8, 1984 7 -i -Al II. PROJECT EXPECTATIONS AND PLAN IMPLEMENTATIOX What ESA does now: The primary goal of ESA is to keep elderly people from being placed in institutions inappropriately by helping them remain in their own homes as long as possible. We do this through three programs, which are described below. A. The Chore and Respite Care program helps older people by taking over maintenance work in the house and yard and by providing caretakers when they become partially dependent on others for the activities of daily living. Chore and respite care workers sit with people who cannot stay alone, mow lawns, wash windows and put up storms, shovel walks, do heavy cleaning and help with plumbing, painting and the like. We have funds allocated for making repairs to roofs, bannisters, railings, broken steps, rotten flooring, and all the other necessaries associated with making a safe, comfortable home as opposed to one that keeps the elderly person in a state of risk. We have placed young people in the homes of ten to twelve elderly people who requested live-in arrangements over the last two years. These caretakers were recruited from the ranks of our chore and respite care workers, known to be reliable and effective in dealing with the elderly. ESA does no hiring. We act as brokers between the elderly person and the worker, setting the price for the service (between Q7. and S5 an hour), working up the contract, screening the workers and checking the work done. Our chore coordinator is well-known in th elderly community. He performs many'services above and beyond those in his job description and is highly regarded by our clients for his judgment. The demand for chore and respite care services over the last three years reflects that regard. We have jumped from 3,000 hours of service our second year to 7,000 our third year and 17,500 the year ending June 30, 1989. B. The Outreach and Advocacy Program reaches out to find the elderly person in need of services and acts on his/her behalf whenever necessary. We call all clients using our chore. and /OSIL t - K respite care services regularly to keep, them informed of resources and to try to anticipate problems associated with aging. We recruit volunteers to make home visits each week to the homebound and lonely and act as an intermediary between the citizen and the bureaucracy when asked to do so. We distribute government surplus food and fresh vegetables (in the summer) don- ated by community members. We have a new program,which helps fragile elderly get to the grocery store each week. We run a I training program for volunteers from the UI and the community using the staff from other human service agencies and the hospitals in Iowa City. We also maintain the Carrier Alert and Vial of Life programs. (Carrier Alert has the postman looking out for at -risk elderly and the Vial of Life puts information on their medications in a place where rescue workers know to look for it.) C. The Information and Referral Program serves as a central dissemination point for information about available services in Johnson County, to answer questions elderly people have and to refer client--s-to the proper agencies so that their needs can be met. We put out a services guide (included) which lists a variety of agencies, support groups and organizations critical to the dependent elderly and their families. We conduct an ongoing publicity campaign, advertising services through public speaking and announcements through the various media. We maintain an up-to-date comprehensive file of information on issues of relevance. We are most often asked about housing, taxes, Medicare/Mgdicaid, BlueCross/Blue Shield and for help with heating and medical bills as well as the routine questions having to do with our regular work. ! Row is the proposed housing program consistent with ESA goals? Shared housing is a natural outgrowth of the chore, respite care and outreach programs. As we see it, the purpose of the new program is to provide elderly and handicapped persons with the housing alternatives, support services, social networks and safe environments which allow them to retain their independence and thus avoid inappro- priate institutionalization. These concerns parallel those for the '0SIL _A1 elderly contained in the overiding goal of ESA (to keep elderly people, in their homes as long as possible and to avoid the nursing home placement that is inappropriate and unnecessary if support services within the community setvices network are put in place). Providing housing alternatives and less expensive housing is part and parcel of that goal. The chief concern of most elderly people our agency sees is getting by on the money they have in the face of inflation and rising rents and prices in a University town. The proposed program helps the pocketbooks of the elderly/handicapped by providing I financial assistance to the homesharer. It provides an opportunity for day-to-day help which does not cost as much as purchased services from an agency. It offers a degree of companionship to ward off loneliness and isolation (which can hasten institutionalization as much as anything) and at the same time the freedom of a rela- tionship not based on familial or marital ties. The process of applying for the program includes a screening for use of community resources and referrals where appropriate as well as a follow-up to see that the referrals are effective. The structure of the chore and respite care program, which coordinates services for some 450 people over'60 in Johnson County could be integrated into the housing program as a support service for the elderly person and the homesharer. Any problems in home mainten- ance or with sudden illness or decline could be dealt with by added hands from our program. The training sessions for respite care workers at ESA could be integrated into the training sessions for volunteers and homesharers in the new program. Our outreach and advocacy program goals 'stress building relationships of trust with the elderly and providing personal attention to specific problems they may have. The telephone outreach program and home visiting program have objectives the fruits of which could be easily incor- porated into the needs of the housing program. They could buttress the assistance given by the tenant and provide additional company and social contact to provide some respite for the tenant when necessary. The instruments we have designed for our assessments (see attached for copies of relevant instruments and a copy of our goals and objectives), the procedures we have established for maintaining /oss _,A up-to-date records on the needs of our clients and the training programs we have in place for our volunteers could all be integrated into the needs of the new housing program. Our outreach objectives include getting food into the homes of the low-income elderly (likely candidates for homesharing). We do this through the govern- ment surplus distribution program and our "share the harvest" program in the summers. That food is available for homesharing program participants. Our public service objectives include speaking at local Lions, Kiwanis, Optimists, Pilot Club, church groups and other social organizations to inform people about available services. The word could be spread in the same manner at the same time about the housing program. Our objectives include working on the Case Management and Assessment team in Johnson County. This group is made up of repre- sentatives of direct -service organizations (e.g. CAHHSA, Homemaker Home Health, Hospice, Home -Delivered Meals, the Adult Day Program, i etc.) who deal with the homebound elderly. When we have an elderly person who needs the services of three or more agencies, we meet to expedite service delivery. If the elderly homesharer needed such attention, the CHAT team could be easily called together by HSA. Our information and referral program serves to answer whatever questions arise and to refer clients to proper agencies where their needs can be met. All the files and information available through the program would be "on tap" for the housing coordinator, the homesharer and the tenant. Our referral system and information -sharing mechanisms (articles in the Senior Center Post, advertising on television, radio and in the local newspapers, etc.) would also be available and immediately at hand. The homesharing program already in existence at ESA grew out of the needs of the chore, respite care and outreach clients who used the agency over time. Our agency seems to be an especially appro- priate place for such a program. 'Oset IV How ESA would phase in the program: During the first year of the program, the Share -my -home (intergenerational) project would be implemented. We would aim at September 1, 1985 as the date of the first placement. The second year would see the Peer Sharing program put into place. The third year would bring the Shared Living Project. Because ESA does not serve handicapped people under 60, it was thought best to phase that y in place part of the program in after the other segments are rsthe lhandicapped, and working well. Independent Living, an has agreed to work with us on the program design when we reach that point. The material dealt with in this applications focuses on the first year only. A brief overview of how we see the Peer Sharing program is included in the appendix. The Shared Living project would of the program, with specific be modeled on the first two segments information on the handicapped to be Built in at a later date. Housing the Program: The program would be housed on the second floor of the Senior Center. An informal agreement has been reached between the director uld be ed to of ESA and Bette Meisel. No rent and utilities w altloughcthegjack CDIIG funds. A phone would have to be hooked up, Center. is already there. A desk and chair are provided by the Senior A filing cabinet, table and two chairs for volunteers and appli- rsity surplus and/ cants would be sought through donations, in Unive or local agency, City and County surplus. The place of the program in the structure oz -- he p ro osed An organizational chart of ESA with the addition of t prohed. The housing program would be a discrete entity gram is attached. ation. The housing coordinator would meet with the within the organiz BSA staff regularly to make sure that services provided by other parts of BSA were being used in homesharing arrangements when it was appropriate. On the other hand, because the offices would be on the second floor of the Centerandndt in the ground floor office of ESA, the programs would be separated Who hires the Housing Coordinator and to whom reporoes t Loh report? The housing coordinator would be hired byand would report to the director. The volunteers attached to the Prgra/ e JFJL Standing Committees — Executive Personnel Finance By-Laws/Policies Long Range Planning Nominating Annual Meeting nDnAur7AmrnMAT. -I i housing coordinator on a daily basis, and have their work evaluated by him or her. They would ultimately be responsible to,an�evaluated by (especially if grades for classes are involved) the director, as are all volunteers at the agency. How would volunteer help be handled in the first year? During the first six months of the program, in all probability volunteers would come from experienced workers now donating their time at ESA. It is possible that a student from the practice II (social work methods and skills) course taught in the spring semester might be available as well. After the initial period, application would be made for a graduate student to do his/her practicum with the program (an eight-month, full-time stint). A volunteer could also be recruited through VISTA. The School of Social work is an authorized VISTA provider through which application could be made. The volunteer would be completely responsible to the director of ESA were we to do that. ESA uses a substantial number of volunteers from the UI and the community at large in all phases of its programs and there should be no problem about placing competent people with the housing program, based on our past experience. Staff coordination within ESA during the 1st G months: The director and the housing coordinator would work together to set up job descriptions for the volunteers; the coordinator would provide daily supervision. During the first few months of the program, the director and the coordinator would meet quite frequently on an as -needed basis, and the coordinator would work closely with agency staff until he/she is familiar with the organization. After that initial period, the director and coordinator would meet on a weekly basis to maintain effective communication. The director would be part of the decision-making process in the final stages of a home -sharing arrangement for at least the first year of the program with the right to make the ultimate decision about that placement (a condition imposed by the Board of Directors). Duties of the Housing Coordinator: I. Setting up goals, objectives and tasks, using the Shared Housing manual as a model, and establishing a time frame. 2. Setting up regular operating procedures and evaluation /ora _A f-� 9 mechanisms for office staff. 3. Providing information about the program to the public, both by answering calls and by speaking publically, placing notices in the media, etc. 4. Notifying Aging Studies classes at the UI of the existence of the program and encouraging applicants, volunteers and general assistance. 5. Training and supervising volunteers and practicum students for intake positions, coordinating their knowledge of the housing program with knowledge of the other programs within the agency and of resources in the community available to the elderly. 6. Adapting and expanding the Activities of Daily Living Section of the Johnson County Community Case Management Self -Assessment Questionnaire (see attached) to elicit information from the elderly/handicapped necessary for adequate evaluation of functional capacity. 7. Visiting and assessing elderly applicants to the program, screening and making appropriate referrals to other agencies. 8. Helping eligible applicants fill out the "Homeowner Application Form (modeled on the one in the Shared Housing Manual) and explaining carefully the procedures involved in the process (physical examination, contractual arrangements, etc.) 9. Finviding preplacement counseling for prospective tenants, including literature from the ESA volunteer orientation program on elderly people and communication skills. 10. In the initial interview between homesharer and prospective tenant, encouraging honest communication about personal foibles, likes, dislikes, attitudes and habits, covering all the items in the application form included in the Manual. 11. Assisting in the execution of leases and contractual arrangements between the elderly person and the tenant. 12. Providing periodic assistance to tenants placed in the homesharing program when problems arise and an ongoing monitoring of their experiences through the narratives they will be asked to provide. 13. Calling the homesharer regularly to be of whatever assistance necessary. 14. Preparing monthly, quarterly and annual reports and recom- mendations to the director of HSA, the Board of Directors, the City Council and other funding agencies as requested. /eta t� 10 15. Developing training information relevant to all volunteers at ESA about the elderly and housing in Johnson County and across the nation. 16. Assisting with the supervision of volunteers in their evaluations for UI faculty each semester. Attending orientation sessions for student practicum supervisors as appropriate. What training and experience will be required for the position of Housing Coordinator? Following the Shared housing Manual: The applicant will be expected to have a B.A. in Planning, Administration, Social {York or a related field. An equi- valent combination of education and experience from which com- parable knowledge and abilities could be acquired will be accepted. Experience in administering a housing program id desired. Some knowledge of training and supervising volunteers is useful as is a knowledge of elderly programs and agencies in Johnson County. A Master's degree in Administration, Planning, Social Work or a related field may substitute for part of that experience. Five years of responsible experience in human services planning and housing program administration from which comparable knowledge and abilities can be acquired may be substituted for the above requirements. Knowledge and skills desirable: Federal, state, municipal regulations related to rental and rooming houses. Interviewing, counseling and explaining programs to applicants. Clear and effective written and oral expression. Strong organizational and management skills. Preparing reports and maintaining records. Sound decision-making and problem -solving techniques as well as the ability to get along with people. Q1sot _A1 11 TIME LINE FOR THE FIRST SIX MONTHS OF THE PROGRA1f Get the office ready and advertise the position of coordinator Have the phone hooked up. Find supplementary furniture. JANIJARS Advertise in Cedar Rapids Gazette, Daily Iowan, Iowa City Press Citizen and list with Jab Service of Iowa. Interview and hire Housing Coordinator FEBRUAf Orient to Housing Program manual, Elderly Services Agency, social service agencies in Johnson County, resources at the i1I, City Department of Housing, etc. Meet with citizens groups interested in Shared Housing to receive their ideas and to explain the concept and procedures as set up in the Manual. Begin setting up goals, objectives and specific tasks on a time line for the housing program. Develop instruments relevant to the program (using Manual as a I MARCH guide Activities of Daily Living Assessment Homeowner/tenant intake forms Application forms, homeowner/tenant Health information/letter to M.D. Case follow-up cards Case files on homeowner clients/tenants Follow-up forms Releases for Police check/hold harmless agreement Leases/Contracts Evaluation instruments/demographic data Program outcome summary sheets Monthly/quarterly/annual report forms Design training section on housing to incorporate into ESA volunteer training program. Speak to Aging Studies classes at UI, community organizations, on I APRIL radio shows, "Senior Center of the Air" seminar for cable tele- vision, to newspapers advertising the program and asking for volunteers for summer and fall from practicum instructors at UI. Enlist help of volunteers already with ESA (i.e. Donna O'Brien rz Ethel Madison) to help in the Housing office, with the design of the housing section of the training program, and to provide general support until permanent staff can be recruited. Interview 10-12 elderly people on file at ESA for Shared dousingI MAY program. Contact Clearing House at UI to see if they have names of students interested in placement for fall. SET TARGET DATE FOR FIRST PLACEMENT AS SEPTEMBER 1st. /OSa. 13 Speak to elderly social groups in churches, community, to advertise the program and appeal for applications, requests for information, general support in elderly community for goals of project. Enlist help of UI faculty in search for practicum student for fall/spring terms of 1985-86 as support staff for project. Explore possibility of VISTA application with School of Social Work. Advertise for prospective tenants through Financial Aids at UI Meet with Chore Coordinator, I & R Coordinator, Director and JUNE volunteers to review initial interviews with elderly applicants and their status, if any, in other ESA programs. See if other services are necessary, and if so, list what they should be and arrange for Housing Coordinator and I & R Coordinator to work together to see that they are properly executed. Screen out unsuitable applicants, referring where appropriate. Have contact with City Housing Inspection team for inspection dates for applicants homes. See that homes are assigned workers from Chore Services, if possible, to make necessary modifications, repairs. Aim at August l as a deadline for those modifications. Obtain releases for medical information. Send letters to physicians. See that appointments are set up for physical examinations. Upon receipt of relevant materials, meet with director to deter- JULY mine final list of eligible homesharer applicants. Send letters to interested prospective tenants, including appli- cation forms (Manual), releases for background check, request for references, etc. Process tenant application forms, check backgrounds, call references. Finalize prospective tenant list. Begin matching process, using data from Service Exchange Infor- mation and Personal Needs and Expectations sections as initial criteria (from the application forms) Pick one or two most felicitous matches. Arrange for meeting AUGUST with homesharer, prospective tenant, and housing coordinator to explore further mutual compatibility, expectations, using appli- cations as a starting point for discussion. Give both copies of model leases from Home Sharing manual. Bring attention to key sections on liability, sharing, not sharing, etc. Discuss possible time limit for lease and for a trial period. Review expectations for service, if any. Have applicants sign waiver releasing ESA/City of Iowa City from liability. Allow time for tenant and homesharer to think over agreement. =Yh 13 D finalize agreement on trial period, I Set up appointment t review contracts, review goals andnefpnaladecision. it to . homesharer/tenant responsibility availability of Housing Coordinator for review of contract for renewal when requested. After trial period, sign leases or e terminate gainarrangement (finding out what went wrong) and beg tdeet.with staff of ESA, City Housing Department, interested ants to review whole process, looking for trouble examining whole participants p ts, better procedures, generally_—.—____ critically program. Make adjustments. tenants I Begin general processing of applicants- hareinitiate te training. Take on practicum student/volunteer staaffff. FALL Volunteer training: for volunteers which would be adapted ESA has a training program edthe program for the new housing program. As it is now design, volunteer to fill out the information form o asks a prospective explore th volunteer's appendix), and to come in for an interview to exp interests and goals. evaluate together The interviewer and the potential volunteer of working with ESA as a way of Pursuing their the appropriateness goals' If an agreement is reached, a time frame is set respective g Then the up delineating the volunteer's hours and activities.involves volunteer is ready to begin orientation. This p which includes the manual put out by the agency, using and understanding SA and other 5e a description of the programs at Eoalseagencies and objectives, the elderly, the history of ESA, its structure, g and a number of readings dealing with: 1. What the agency expects of the volunteer 2. What the volunteer n expect of the agency 3. Developing the helping skills a. recognizing and coping with loneliness and isolary tion in the elderly living and b, fostering independence and improving daily social skills /� S� -i 1., C. providing companionship, reassurance and breathing space and privacy and comfort assessing the home with an eye toward d, observing safety e, pointers for listening, questioning, interpretation, things that hinder communication, being helpful, reciprocal trust, distrust, mutual growth, evaluating, openness, shared problem solving, modeling, autonomy, etc. The vohe heenineeahiw�bhha(ve beencundens.toodeandne .that .the he Pp 9 that there ane 10 no ms.the'tSchoo(t o{,oSocliatv(Oonhxuhene used by ESA come 6 ,these sh.iEEe. .their ctasses nein(,once .the use of q, Community Resources available to the elderly: a. The Johnson County Services Index b. The ESA Index (attached) All the volunteers see a film made by UI Hospitals andel Clinics for the Gerontology Clinic. It is narrated by Geri Hall, olunteer training program and a member of the consultant to our v It is called UI Hospitals and Clinics Department of Neurology. "The First Home Visit" and shows the helper how to act, what to look for and how to assess the environment during the initial visit - for are covered as patterns of interaction and effective communicatio are common safety hazards and methods of assessment'. CAHHSA We also use other agencies for training gin their homes. Their puts on workshops on how to care for people en R.N.,s teach our volunteers how t fallen. The Community lthiCenft terpsends le fely hl staff to work with ions of problem solving during volunteers for two r. They are specially helpful in teaching each school semester. They in the elderly person as well volunteers how to cope with dependency manipulativeness and the as depression, tendencies toward paranoia, many other facets of intimacy with other people which can be difficult for everyone. We use the Adult Day Program at the Senior Center as volunteers attend the program, practice their helping a resource. skills and learn how to interact with people who have various debilities (e.g. hearing and memory loss, physical handicaps, bad' 15 I �I =.4,J eyesight, etc.) Volunteers are scheduled to give their time for a two-week period at the beginning of their training to reinforce what they are learning. We also use the resources of the School of Social Work. The students in the Aging Studies program volunteer every semester as do students in the Introduction to Social Work and Practice I & II courses. The faculty of the school work closely with us to supervise training. Professor Woodrow Norris from the UI College of Medicine is on-call as an adviser. We call in professionals for problem -solving sessions addressed to specific issues as we need to. Monitoring the relationships with clients: ESA has an established set of procedures for monitoring the relationships volunteers have with clients when they make regular in -the -home visits. These paoceduaes would be modb6ied boa the housing paogaam. But .the basic data kept on each cZient would be .the same. The housing paogaam woutd keep .the .intake caads boa each eZient as aecoads boa the o66ice and copes as in6oamation boa .the client 6t.Ze. Tile homeownca and tenant appZications, health evaZuation, hold-haamZess agaeement and copy o6 the Zease would be kept in each 6iZe, as wouPd the naaaatxve 6t.Zed by the tenant and a naaaat.ive o6 the monthly caZZ oa visit made by the cooadinatoa to the homeshaaea. A file is maintained for each client. When the client contacts the agency or is referred to us an assessment during an in-home visit is made by the director or the practicum student supervising the outreach program. That assessment forms the basis of the file. It covers six areas: economic resources, social resources, mental health status, physical health status, activities of daily living and community service assistance. In addition, a service -intake form is prepared, summarizing what is needed and the particulars of each client's case. These two documents serve as the basis of the case plan made up by the volunteer and the staff person. After an under- standing of what is in them is attained by the volunteer, home visits /0Sz =1� 16 are begun. A narrative of each of those visits as well as the date and number of hours spent visiting is turned in at the end of each month. Any problems are discussed at that time. The staff calls the elderly person to see how things are going and to make sure the volunteer's view of the situation generally reflects the percep- tions of the elderly person. In both the housing and the outreach program, the success of the volunteer depends on the amount of trust he or she can engender in the client. The competence and good will on which that trust is based are dependent upon the volunteer's commitment to the goals of the program. If the staff suspect that that commitment is not there, the relationship with the client is ended, and another volunteer is sent as a visitor. Public education: The goal of the outreach and advocacy program at ESA is to reach out to find people who need services. Public education on the homesharing program involves the same goal. At the present time, the director at ESA makes four or five speeches a month on elderly services available in Johnson County. It would be a simple matter to enlarge the presentation to include information on homesharing. Presentations to that topic alone could easily be added as appropriate. The Dottie Ray Show is a radio program well-known to people in Iowa City. Program time could be devoted to homesharing and Dottie Ray would be willing to make spot announcements about the project to bring it to the attention of elderly people. j KCJJ is willing to devote program time to presentations on the elderly. An interview on the new project would be appropriate, easy to arrange, and could be broadcasted more than once. Spot announcements could be put on other local radio stations. The School of Social (York puts on a television show called the Senior Seminar of the Air. Ten shows are scheduled to be televised this winter and spring and one of them is to be on the shared housing program. We could use the inter -generational production team on the program. This team works out of the School. Cable television has a good track record for showing the same programs over and over again on the public education channels. Many older people at the Senior /OSS t� 17 Center comment on those programs ("I saw you last night!"). We could put the program on housing in reruns just like "Barney !.filler" and "Mash." A practicum student from the School'of Social Work Master's program could speak at local churches, civic groups, social organ- izations as part of his/her internship. If we were able to bring other knowledgeable volunteers into the program, we could make getting the message to the public as a primary task. The Johnson County Farm Bureau Women's Auxiliary is working with BSA to get the message out about available services in Johnson County. Presentations on shared housing to that organization and material given to those women could get information about the project into the outlying areas. Recruiting prospective tenants: The first year of the program, we would concentrate on recruiting desirable UI students. Given that we have the Daily Iowan, the Office of Financial Aids and the classes there, we should be able to advertise easily. We can also put a video program using our students and the Senior Center of the Air staff on the student channel shown in the dormitories at UI. Program Evaluation: The director and the housing coordinator of the new program would put together the formal goals and objectives of the program. Any evaluation of the program would be done with those in mind. Underlying the whole program is a desire to see that elderly/handi- capped people have housing alternatives, the support services, social networks and safe environments which will allow them to retain their independence and to thus avoid inappropriate institutionalization. Therefore a positive evaluation would depend on seeing to it that the housing alternatives are indeed alternatives, that the services and networks are in place and that the environments are safe enough to keep them from being at risk. In order to demonstrate that these things have been done, objective and subjective measures of evaluation are designed to organize the data obtained from the study of the program. -t • cy�1 18 A. Objective measures: —AI 1. The "Pre -match" contact form would maintain records on: number of homeowners making application number of prospective tenants making application living conditions of both when applications is made (cost of rent/home ownership) social agencies used by elderly before application number of people elderly person sees regularly each week/month before application time it takes staff to process application type of contact made by staff and outcome, whether positive or negative, and if negative, why. 2. Number of clients referred to other agencies or for other kinds of service provided by ESA (i.e. chore/respite care, outreach/advocacy) in addition to as well as instead of placement in the shared housing program would bei the "client referral sheet" or a facsimile thereof (from the Manual) Number of homeowners and tenants matched, length of trial period and outcome 3. Number of people who could not afford the insurance (liability for example) or home repair costs of the program and who therefore were not matched. 4. Time lapse between application and placement 5. length of stay of tenant/turnover rate 6. number of agency/homeowner/tenant contacts made after placement (as well as a narrative describing those contacts where appropriate) 7.Services provided by tenants to homeowners The homeowneA population iuoutd be divided into three categoaies. At placement, each homesha.tcn would be £abetted: hate and heaAty, oA slightly impaired, oh modeaatety impaired based on the Activities 06 paity Living Assessment and the Physical Examination. The types 06 dekvices paovided would be monitoaed bon each category and coAAetated with the tength o6 time succers6ut placement (and avoidance 06 institutiona Uzation) is maintained (thrtough the terms o6 mope than one tenant i6 necessaay). It should be possible to measure the impact o6 the provision 06 6e4viees, 6upp0At netW04kS and housing attnnative6 6Aom the Aesutting data. /oss% 19 8. Reasons for termination of housing agreement: e.g. a. placement in a nursing home b. personal preference of homesharer and/or tenant c. tenant moved from Iowa City B. Subjective measures: The case narratives kept by the tenant on the one hand, and the coordinator on the other, will be used as subjective data for evaluating the program. They will be evaluated monthly by the coordinator. nstant indicator of the tenant/home- The data should provide a co sharer relationship as well as a monitor of the changes in health or social function of the older person if and when they occur. If it becomes evident, for example, that the elderly person is bored and depressed because of lack of stimulation in his/her life, supplements to the shared housing program could be suggested. The Adult Day Program might be an option for the more infirm elderly person, whereas a volunteer effort or becoming involved in a program might be appropriate for the healthier person. No effort would be made to coerce people to do these things, but information would be provided if it appears appropriate. If the home situation becomes problematic because of some repairs that need to be made, the availability of the chore and repair program at ESA could be brought to the attention of the homeowner. In the later stages of the program, if it develops that the income of the homeowner declines (cuts in Social Security for example) and having one tenant is not enough be exploredfinancial giveboost, another possibility of peer -sharing could alternative to the present housing arrangement before selling the home becomes necessary. on the At intervals of every three to six months, depending case, the coordinator and the director would evaluate each case with an eye to being prepared for the future. If new needs have arisen, referrals will be made wherever possible. This overview would help avoid the crisis situations which too often lead to institutionalization zo because caretakers become overwhelmed. Both .the objective and subjective measuxes o6 .the pxogxam eb6ec.t.iveneae wouZd be moni.toaed against .the oxig.inaZ goaZe o6 .the pxogxam each month, each quax.tex and each year as .the xepox.ts axe put .toge.thex box the 6unding agencies. C. Program Outcome measures: After the initial period of "setting up shop" for the project, � the projected number of completed housesharing arrangements would be I determined for a given period of time, as would the number of people the coordinator thought it realistic to contact. The same projections would be set up for counseling and community service referrals. At the end of the first year, the annual report would detail the reality of the program and whether the goals which we initially set up had indeed been reached. At that time, we would have the liberty of either deciding the proceed or to reexamine our options. Our assessments would be presented to the Board of Directors at ESA, the City of Iowa City Housing Department and our other funding agencies interested in the program and an analysis and deter- mination of the worth of the effort would evolve from that process. /OSX t� 21 Budget January to June 30, 1985 Personnel monthly expense 6 -month tot: Coordinator salary 51,000 '45,000 Payroll Taxes 71 426 Social Security 24 144 Unemployment Fringes Disability 5 30 70 420 Medical Insurance Total taxes & benefits $170 $1,020 Von -Personnel rusts rent/uti Telephoi Zerox/Mi Office ! Transpo: L'. r_ T91 1 a -y I I 2,, Budget, continued July 1, 1985 - June 30, 1986 Monthly expense Annual Personnel �10n0 q2' Ono Coordinator Salary Payroll Taxes 71 857. Social Security 24 288 Unemployment Fringes 60 5 Disability 70 840 Medical Insurance Non -Personnel rent/utilities 25 300 Telephone 15 ISO zerox/multilith 25 300 Office Supplies 15 180 Transportation __ -1,250 $15,000 TOTAL July 11 1986 - June 30, 1987 Personnel i .^x1,000 R12,000 Coordinator Salary Payroll Taxes 71 852 Social Security 24 288 Unemployment Fringes 5 60 Disability 70 840 Medical Insurance Non -Personnel - rent/utilities 75 300 telephone 15 180 zerox/multilith 25 300 Office supplies 15 180 Transportation $1,250 515,000 TOTAL lOSdL l� 23 M 2 3 =1'4. DIRLCTOR: ,jpnnnn c UIIITED WAY OF JOHNSON COUNTY AGENCY NAME: Plderly services CITY OF IOWA CITY • JOHNSON COUNTY 'ADDRESS HUMAN SERVEAGENCY BUDGET FORM PHONE SCAL YEAR 198 CALENDAR YEAR 1985 COMPLETED BY e year your agency uses)- APPROVED BY BOARD on COVER PAGE date Program Summary: (Please number programs to correspond to Income + Expense Detail, i.e., Program 1, 2, 3, etc.) Information and Referral Program: answers questions, tells people in John- son County about available services and refers them to the agencies where they will find help. Agency maintains a comprehensive, up-to-date file on areas of information pertaining to the elderly, and publishes a services guide for the County. Outreach and Advocacy Program reaches out to find the elderly nerson in ne( of services. We call all clients using the chore service over the last 3 years to keep them informed of resources and to try to anticipate problems We find young people to share homes, make home visits each week to the hom( bound and the lonely and act as the intermediary between the citizen and ti bureaucracy when asked to do so. We distribute government surplus food an( fresh vegetables dated by community .members, as well as taking people to the grocery store. Volunteers staff the program. They are recruited from on the UI, local churches, the community at large and our high schools. Chore and Respite Care Program enables older people to remain at home as 1( as possible by helping maintainthehouse and yard and caring for them when they become partially dege HRent on others for day-to-day needs. Local Funding Summary: YEARS PROPOSED 1985 1/1/84- 4/1/x4- 1983 3/31/84 3 United Way of Johnson County l0 000 I $ 2 500 I $ 10 000 $12 000 FISCAL cv ad FY 85 FY 86 $ 1500.00 Johnson County $ D I $ City of rnralyille o $ 500. 00 FY 86 SUPPLEMENTAL REQUEST: TOTAL OTHER COUNTY UNITED WAY Directors Salary Adjustment $ 5816 $ 1198 $ 1000 $ 1134 *124,(775 plus •.2,484 surplomental funds for director's salary I /0SX BUDGET SUMMARY AGENCY: Flderly Sprmices Agpnry. 6130/84 F; PIn MR AlInIng ACTUAL THIS YEAR BUDGETED LAST YEAR PROJECTED NEXT YEAR 1. TOTAL OPERATING BUDGET (Total a + b) 61,274 cil.786 7 297 a. Carryover Balance (Cash from 3) b. Income (Cash) •k-,71' 7 2. TOTAL EXPENDITURES (Total a + b) 63,113 FO . 2:14 71 297 a. Administration .7 , 95Or b. Program Total (List below) programs 62?"'5 M., T, Information & Referral -6Q .'M 7 Outreach & Advocacy 9 Ni '4 A 0 �t� Chore & Respite Care 4 �k 6 d'y , "It Mm W at M 11,1;; I .' MNt' gx gwgl Ell 1, , AF, 3. ENDING BALANCE (Subtract 1 2) (1839) 155.3 2,000 4. IN-KIND SUPPORT (Total from Page 5) 12,200 11,711 15.200 5. NON-CASH ASSETS 1981 Dodge Van 6,500 6.000 .5,500 Notes and comments: *ESA operates on a cash accounting system. The County gave us 1�1,52S to cover the cost of two new snowb1owers, and the 11awkeye Kiwanis Club gave us $320 to cover the cost of two new lawnmowers. Those monies were not in our account at the close of the fiscal although they year, arrived a few days later. Therefore, while we show a deficit, we . did have the funds to cover the deficit. They just were not in put the bank by the end of the year. The deficit figure is indicative of the evaporation of our "cushion" because or our increased services over the last fiscal year, however. t� MECCA (Mid -Eastern Communities Council on Alcoho- lism): evaluation and assessment for substance abuse problems; elderly outreach counseling program; 24 hour phone service, court program; men's residential services; education and prevention services and employee assistance program. 351-4357 Memory Loss Support Group: A support group designed to assist people in coping with the frustrations of forgetfulness. 337-9686 Mid -Eastern Iowa Community Mental Health Center: individual and group psychotherapy, marital counsel- ing, family therapy, chemotherapy, consultation and education, community support services program and day treatment. 338-7884 Senior Center: The Iowa City/Johnson County Senior Center is a community focal point where senior citizens can gather for services, activities and friendship in a comfortable and accessible setting. 356-5220 SEATS: Johnson County Special Elderly and Handicap- ped Transportation System provides inexpensive trans- portation so that the elderly and handicapped are able to take care of their travel needs and participate'more fully and independently in the life of the community. 356-5210,356-5211 Social Security Administration: provides help with ben- efits: retirement, disability, survivors, medicare, aid for aged, aid for blind and for disabled and victims of black lung. 338-9461 Widowed Persons Support Group: provides support for men and women coping with loss. 356-5214 'b r THIS IS A PARTIAL LISTING OF THE SERVICES AVAILABLE TO THE ELDERLY IN JOHNSON COUNTY ELDERLY SERVICES AGENCY 28 S. L INN ST. • 356-5215 Adult Day Program: serves older adults experiencing some loss of independence with the goal of postponing institutionalization as long as possible. A structured program is available Tuesday through Friday at the Senior Center. 356-5229 American Association of Retired Persons: provides help in making out tax returns, help in applying for rent rebate, a monthly newsletter, occasional tours, educa- tional programs at monthly chapter meetings, a Genera- tion Alliance Program, a Widowed Persons Service and information and referral services by office volunteers. 356-5219 Community and Home Health Service Agency/The Vis- iting Nurses Association: provides skilled health ser- vices in the home by a staff of nurses, therapists, and other health professionals and provides a range of indi- vidual and group health services at various community sites. 337-9686 Congregate/Home Delivered Meals: Noon meal served seven days a week at the Senior Center (28 South Linn) and Autumn Park. Anyone over 60 is eligible. $1.25 suggested donation. Home Delivered Meals available Monday - Friday for homebound elderly who cannot cook for themselves. 356-5212, 356-5213 Department of Human Services: provides help with Title XIX program, in-home health care, counseling, adult protective services (abuse and exploitation), placement services at County Care Facility and nursing homes, general assistance funding, medical assistance and food stamps. 351-0200 Elderly Services Agency: chore service (snow shovel- ing, lawn care, heavy house work, respite care for family membersof homebound elderly, home repairs); friend- ly visitors/outreach service; advocates and acts as a ref- erral service and source of information; shared housing. 356-5215,356-5216 Hawkeye Area Community Action Program: provides help with utility bills for low-income clients, telephone assistance through Silver Thread program, crisis inter- vention, information and referral and acts as administra- tor of the Federal commodity distribution program. 351-1214 Home Health Aide Service: Aides help keep people in their own homes by assisting with baths, shampoos, light housekeeping, shopping, errands, parenting skills, money management, etc. Each client has an individual plan of service. Fees, if any, are determined by income on a sliding fee scale. 351-7455 Housing Assistance Program: administers Federally sub- sidized housing programs for low-income individuals or families, especially elderly, handicapped or disabled. 356-5138 Legal Services Corporation: counseling on legal mat- ters of a civil nature (neither criminal nor traffic), public benefits, housing law and consumer law; help with social'services,welfare, medicare/medicaid, civil rights, for low-income elderly. 351-6570 Lifeline: provides an immediate link to medical aid in case of an emergency and the concommitant self- confidence and independence for the elderly in their own homes. 337-0659 ELDERLY SERVICES AGENCY 1955-1956 Programs: Chore and Respite Care, Outreach and Advocacy I I. CHORE AND RESPITE CARE Goal: to help the elderly remain in Fheir own homes as long as possible Objective A: In care985-86 to services for r500apeople te rover d60erespite in Johnson County Tasks: 1. Seek subsidization from the Johnson County Health Department for low-income elderly clients for services which "include, but are not limited to, yard work such as mowing lawns, raking leaves, and shoveling walks; window and door maintenance such as hanging screen windows and doors, replacing window panes and washing windows; and minor repairs to walls, floors, stairs, railings and handles." Administrative Code_ o�Wa, House file 613, p. 12 2. Maintain daily, monthly, quarterly and annual records on services provided to senior citizens, who performed them, at what price, when, for how long, whether or not the work was satisfactory, whetherork as t the contract signed by the choreworker and the elderly person, and, if the work was done by volunteers, how much time they donated. 3. Call randomly selected clients monthly to evaluate services performed by choreworkers. q. Administer formal evaluationinstrument to 20 elderly people contracting with respite care to find out if services are satisfactory Evaluation of respite care workers' services will be made every six months. A ix zx Objective B: Provide 3,000 jobs for people who are looking for part-time work at reasonable rates working for people over 60 in Johnson County. Task 1. Advertise, interview, recruit, train and evaluate 100 choreworkers. 2. Arrange in-service training sessions with teaching staff from the Community Mental Health Center, UI Hospitals and Clinics Gerontology Program, CAHHSA, Hospice, UI College of Nursing and public agencies in the surrounding area. One training session every two months for volunteers and respite care workers will be scheduled over the year. 3. Recruit a core of 10 - 15 trained workers to provide home repairs, plumbing and other skilled labor. Objective C: Recruit and orient 50 volunteers to perform seasonal chores for low-income agency clients Task 1. Contact local social, civic and religious organ- izations to recruit volunteers in the spring and fall. 2. Request three UI fraternities and one dormi- tory to provide one day of service each spring and fall. Objective D: Provide six elderly people the opportunity to share a home with a college student i Task 1. Contact local churches to advertise the program to members of their congregation who are in need of help 2. Advertise shared -housing through the Financial Aids office at UI i 3. Interview and screen applicants to the program 0 'OS4X _'J ll. OUTREACH AND ADVOCACY Goal: To reach establish attention Objective A: Task 1 1:9 out to find the elderly relationshipsOf ust to specific problem s a who need services. and provide personal they arise Establish a telephone outreach program which makes contact with 5 elderly clients bi-weekly, 100 each month and 250 every 3 months (these categories are mutually exclusive). Call all clients using the crcustnceshore program and that they evaluatetheir h eirinlonemofathreescategories: can be placed and fully - fragile, margiindependent. ile list will be called (Those on the frag' bi-weekly; those on the marginal lindependent a month; and those that are fully once every three months) ,ter of programs put on by local Keep a regi agencies for the elderly and relate that information to the telephone outreach clients tdaintain files on each client. ro =am arerto be the telephone olacedcinPeach file. These completed and p situation, forms document the client s prtlnetwork, services, state of health, social support agency mobility in the community, Itivuse of ag these and potential needs. Marr: forms forms and detail idiosyncratic q. Recruit 4 - 5 volunteers tonmake 5 telphone ephone calls each day to elderly outreach program Evaluate the effectiveness of the progra 5, m by making 10 - 15 home visits to telephone calls outreach client' r osee Iy ofetheirliving are portraying h ealit situations. train and supervise 10 community and 2 - 30 home vi elderly. Objective B: Recruit, or lonely student volunteers to make 0 each month to the homebound and/ requiring written 1, Supervise and evaluate and community aluate stu volunteer performance hY to narratives andewritteach a and oral reports to completed, the agency as requested. 2. Hold meetings with student adviseagreed rs ceach upon semester to iectivesthat areml being met, goals and obi 165;L -41 10 Provide six in-service training sessions a year, using other agency resources as well as our own, to provide instruction on such topics as: how to lift a client safely, how to handle depression, anxiety, paranoia and dependency in elderly clients, what to look for in a home to rid it of safety hazards, how to use an assessment instrument properly, healthy aging and what it should be built upon, the role of the helper, etc. Evaluate the performance of the volunteers in the visitation program by calling and visiting with the elderly person to find out how his or her perception of the volunteer's performance jibes with our own. These calls are made twice each month. 5. Evaluate the volunteer's perception of the visitation program by talking with him or her twice a month about the dynamics of the relationship and how he or she feels about it. 6. Publicize the need for volunteers through speaking appearances before groups interested in service work two to three times each month. Objective C: Coordinate the surplus commodities (cheese) program for the HACAP agency, distributing commodities each month to people over 60 with the cooperation of the Senior Center Task 1. Recruit an average of 24 volunteers each month to work for three hours delivering cheese at the Senior Center, the housing sites, and the homes of approximately 450 low-income elderly. Objective D: Create programs using volunteers to help elderly people obtain food Task 1. Coordinate a volunteer service providing rides io the grocery store for elderly living in relied Ecumenical Towers and Capitol House who on Whiteway for shopping. The goal for the first six months would be to provide two cars a week for transportation. The program could be expanded if the need for the service is there to include elderly out in town who cannot use SEATS for some reason. Advertise through radio and television as well as the newspapers that ESA will pick up excess produce from gardeners in the community to be distributed to the elderly poor (and other needy citizens as the harvest permits). Work with the Senior Center's Garden Goodness Program, Home Delivered Meals, the Crisis Center, Hope and Voss Houscs and the Soup Kitchen. ' D Col }A :t7 3. Distribute our services guide for Johnson County with information on rural congregate meal sites and home -delivered meals throughout Johnson County, using health and other service agency programs as vehicles for delivery. Work with Home Delivered Meals and the Heritage Agency on Aging to improve the flow of information on programs to the elderly throughout the County. q. Contact local churches throughout the County to ask their help in identifying vehiclthe offragile or older elderly. Set up communication from the Agency to the churches. 5. Work with the Johnson County Farm Bureau women's ' program to communicate with rural areas of the County. Objective groupsAlert to theservice resourcesorganizations the elderlyother avaity available in the County 1. Contact the local Lions, Kiwanis, Optimists, Pilot Club, church groups, etc. to ask for speaking time before their groups toexplain what tree gis available in Johnson County. Speak to ps each month. Objective F: Refer clients in need of three or more service agencies to the Case Management and Assessment Team to coordinate care 1. Reactivate the CMAT organization by calling a meeting of interested agencies to discuss the future of case management and assessment in Jomeeting. Objective Bring in Heritage Agency on Aging Objective G: Provide opportunities for shared housing to elderly clients of the agency 1, Advertise at the Office of Financial Aids at UI for students interested in living with an older person in exchange for services and/or low rent. 2. Set up an orientation program for interested students to provide some knowledge of aging and the care of a partially dependent person. Use Geri Hall's training film "The First Home Visit,, as a resource and integrate training programs as appropriate. Objective Programsforthe elderly inert theand l of Life County 1. Distribute vials to participating stores and agencies to replenish supe 2. Maintain Carrier Alert files and supplies to enroll interested elderly as needed. ,O Sa r- :13 III. INFORMATION AND REFERRAL Goal: To serve as a central point for the dissemination of infor- mation about available services in Johnson County and to refer clients to the proper agencies where their needs can be met Objective A: Maintain a comprehensive, up-to-date information system available to anyone using ESA's office Task 1. Bring all current files up to date and conduct an ongoing survey of needs for information in previously unexplored areas. Put key information on red tag cards easily visible to volunteers using agency resources on a part-time basis. 2. Maintain supplies of the Johnson County Elderly Services Index, updating as appropriate 3. Increase by one the number of phone lines into the agency to allow more calls to come through 4. Coordinate all Information and Referral Services with Senior Center staff 5. Place articles about services and resources in the Senior Center Post on a regular basis as needed (aiming at an article every two months) 6. Advertising information and referral services through radio programs (such as the Dottie Ray show) and cable television Objective B: Act as a referral agent for resources available throughout the County and the State, if necessary Task 1. Initiate referrals for elderly people as necessary, following up on all referrals to see that services have been delivered as needed 2. Document information and referral activities on a daily, monthly, quarterly and annual basis 3. Integrate Johnson County I & R services with regional services through the Heritage Agency on Aging 4. Keep records of information requested most often and unmet needs / 16Sot --i 33 PEER SHARING - AN OVERVIEW What is it? It is a home with one functionally impaired adult and a tenant willing to provide minimal support services in exchange for rent and/or compensation. The people involved are elderly or handicapped, or both. They each have a private bedroom, but share the rest of the house, family style. The Caregiver provides most services, including perhaps shopping, meals, housekeeping, laundry, transportation and possibly yard care, with some support from ESA. The homeowner does some light household chores if possible. The arrangement is designed for older people/handicapped people who may be imapried and need some support, but do not need continous medical care or nursing care and cannot or do not wish to hive alone. The functionally impaired adult may need some help with dress- ing, walking, perhaps some supervision in taking medications. Who are the caregivers? People who may be elderly or handicapped who enjoy living with and have a talent for caring for people like themselves. Warm, concerned people, not just aides or housekeepers. Flexible, patient and understanding of the needs of the other person. I Able to handle emergencies or changes in routine calmly. Capable of continuous monitoring of health problems Dependable, punctual people What additional resources would be available? Home visitors, chore/respite careworkers from ESA Adult Day Program Family Practice doctors for home visits SEATS CAHHSA/HIfA Independent Living Shared Living Senior Center /GSA za t ELDERLY SERVICES AGENCY of Johnson County 28 South Linn Street • Iowa City, Iowa 52240 • 756.5215 VOLUNTEER INFORMATION Address: Type of volunteer work wanted: Date: Phone: When are you available? Please list days and hours of the week: Do you have your own transportation? Previous volunteer experience: Yes No Please give us an estimate of how long you plan to be avaiiaoie as a vuiu,16- — Will you be volunteering to fulfill a class requirement? Yes No Which class? Term Year Would you be interested in volunteering after the class is over? (We need volunteers especially during the month of August and over the Winter break.) Yes No If yes, how may we contact you? List two personal references please: Name Phone Number 1. 2. Personal Interests and Skills: IiFacj Have you-reeeived a Volunteer Orientation Booklet from Elderly Services? Yas No / Q S*OL 19 ELDERLY SERVICES AGENCY of Johnson County ZS South Linn Street •Iowa City. Iowa 32240 • 336321 OUTREACH INTAKE Date 11 /8 iln/.tins /•'•lis s Phone - Addtes.s Living sZtua.tcon: Age: M/ mg Re$enned By: Name tone gency Gtert Setvices Needed: (Check ACP Appaopn.i.a.te Mertz) _Assesament Counsetina RespLte" (Ask addittana.Z info undea. "1 F.tiendZu Vis-Linc i 11 ina 1.„ Teie^itone Rcassauutcc C. _7tastspc.tta,tion tisis Iazetven;.ic•n Advocacy Suci, icativn -- Jztet: P.tozeetton •`Ozhen Sew.ices CwueemUy Receiving: Home DeUveaed Homemakea Visiting Nurt.se Social Wonhet ,deals AddltionaZ Injonnati011: When Is Setv.ice To Begin? Fo.Zeow Up: _Seavice Paovided When? On -Hoed Why? Una6Pe To Setve why? Se -vice in Puquss (On-Goi.ngl Reje•tned to C•IAT Daze Rejetted: Aesu,smeitt 'lade: S'es_/.yo_ Date Comp£a.ted: /AJX =1� MR �l� ELDERLY SERVICES AGENCY of Johnson County `'�►=J 28 South Linn Street • Iowa City, Iowa 52240 • 356-5215 Name _ Address Age -- TELEPHONE REASSURANCE INTAKE Today's date Phone Living situation (alone? w/family? other?) What is the client's state of health? Does he/she have anyone who looks in on him/her regularly or who visits by phone? Does he/she have family nearby? Yes_ No If yes, is there regular contact? Yes_ No How often? Does he/she get out of the house to attend events in the community? Yes No How often? How does he/she get there? Personal auto? with friends? on the SEATS bus? Is the client able to go shopping without difficulty? Other services needed? Assessment Visiting Transportation Chore Services Respite Care Other Additional Information Visiting Nurse Homemaker Hospice Day Program Home Delivered Meals Does the client have contact with other agencies? which ones? Yes No If yes, NARRATIVES OF EACH TELEPHONE VISIT SHOULD BE ATTACHED AS NEEDED / oS;L t" RESOLUTION NO. 86-171 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide Johnson County youth between the ages of 14 and 19.5 who are either current AOC recipients or who are determined to be disad- vantaged, with meaningful subsidized work experiences in the public and private non-profit agencies, and WHEREAS, the Mayor's Youth Employment Program provides assistance to develop in these youth positive work attitudes and work habits so that they can later secure non -subsidized jobs, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Mayor's Youth Employment Program is a non-profit organization organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Mayor's Youth Employment Program have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the Clerk to attest said Agreement. It was moved by Dickson and seconded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON �— MCDONALD X STRAIT X ZUBER Passed and approved this 17th day of June 986. MAY R ATTEST: CIT , CLERK Received i Approved 6y The Legal DepaWnenl _,Lk, AGREEMENT �_�da of � eina by This Agreement was made and entered into on the lv Y and between the City of Iowa City, Iowa, a municipal corpora ion, hereinafter referred to as the "City," and the Mayor's Youth Employment Program hereinafter referred to as "Recipient." This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire anndivviduaalgebecause of their race, creed, color, national origin,religion, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms , conditions, or national privileges of employment becauseof marital their race atue,creedsexualolororientation, origin, religion, age, disability, or handicap status. 2. Recipient shall not deny any person its services on the basis of sexual creed, color, national origin, religion, sex, marital status, orientation, disability, or handicap status. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide meaningful employment within public and private non-profit agencies for youth between the ages of 14 and 19.5, who are currently recipients of ADC or socially and economically disadvantaged. It shall provide job training, vocational and career counseling, and related assistance ti youths will the develop dosi ivep work habits so that future employment opp agrees to refer youth to appropriate agencies and programs in accordance with their needs. It also agrees to assist youth who are not eligible for Recipi- ent's programs to secure employment in the private sector through referral. IInformationtandeGoalsices are outlined in the and Objectives Statement Mayor's Youth Employment Program FY87 II. FUNDING A. The City shall pay to Recipient the sum of $30,000 to assist Recipient in meeting its expenses for the operation of the programs described herein. It is the City's understanding that the State of Iowa, the City of Coralville and the Iowa City Community School District will also provide financial support for Recipient's program. B. The City shall transfer the funds to Recipient in quarterly payments of se- quentOpayments will hbefmade onythe tl5thlday of be dthe m nth followinb g the end of each calendar quarter. C. The City will provide bookkeep i n g schd payoll programservices for theeeRecipient's Employment Program during r, neither Recipient's employees nor the youth assisted by Recipient shall be, or be deemed to be, employees of the City. 2 III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of monthly board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1987, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Recipient acknowledges that the program under which it is to receive the funds provided herein is the City's Aid to Agencies, that the City's source of funding for Aid to Agencies is federal monies, and that if the total of such payments exceeds $25,000 in a given fiscal year, the Recipient 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, Recipient shall have an audit performed according to the standards prescribed in the OMB Circular A-128, Uniform Administrative Requirements for Grants -in -Aid to State and Local overnmen s. A copy ot such audit report and 1 Illuirlys must De SUDMIttea to the City Controller within 120 days after the close of that fiscal year. D. Duly authorized representatives of the City 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 Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient'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 Recipients services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. E. The City's sole responsibilities hereunder shall be to provide to Recipient the funds, and bookkeeping and payroll services, in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act of either Recipient or the City, 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 City. Further, neither the City nor any officer, employee, or agent of City shall have authority to direct the manner or means by which Recipient conducts its activities. F. This contract may be terminated upon 30 days written notice by either party. IV. TERM This agreement shall commence upon execution by the parties and shall terminate on June 30, 1987, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. 1053 For the City of Iowa City, Iowa WILLI ^AMO SC , MAYOR c ATTEST: 3 For the Mayor's Youth Employment Employment Program: NAME TITLE �) CTTFST- =l� t.. RESOLUTION NO. 86-172 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT FOR NEIGHBORHOOD SERVICES WITH WILLOW CREEK NEIGHBORHOOD CENTER WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide recreational services and supportive assistance to the residents of Pheasant Ridge, and WHEREAS, Willow Creek Neighborhood Center is an agency which plans and conducts such services, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Willow Creek Neighborhood Center is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and Willow Creek Neighborhood Center have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the Clerk to attest said Agreement. It was moved by Dickson and seconded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD STRAIT X ZUBER Passed and approved this 17th day ofJOR e 6. ATTEST: 7L 2!��� CIT CCLEXK Recelved R Approved py the Leg 1 D utnrnl f lc d'G /051 =1'a AGREEMENT This Agreement was made and entered into on the 1'7 day of n um -mg , 1986, by and between the City of Iowa City, Iowa, a municipal corpora on, hereinafter referred to as the "City," and the the Willow Creek Neighborhood Center (Pheasant Ridge) hereinafter referred to as "Recipient." This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms , conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to enhance a spirit of community and provide a wholesome environment by providing a recreational and community support program to residents of the Pheasant Ridge Apartments complex and surrounding area, as detailed in the Willow Creek Neighborhood Center Program Information and Goals and Objectives Statement for FY87. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Willow Creek Neighborhood Center the sum of $10,250 which shall be allocated for a recreational program for residents of Willow Creek Neighborhood area and for operating expenses of the Willow Creek Neighborhood Center. B. The City shall transfer the funds to Recipient in quarterly payments of $2,562.50 each. The first payment will be made on July 15, 1986. Subse- quent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of monthly board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1987, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. 2 I C. Recipient acknowledges that the program under which it is to receive the funds provided herein is the City's Aid to Agencies, that the city's source of funding for Aid to Agencies is federal monies, and that if the total of such payments exceeds $25,000 in a given fiscal year, the Recipient 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, Recipient shall have an audit performed according to the standards prescribed in the OMB Circular A-128, Uniform Administrative Re uirements for Grants -in -Aid to State and Local overnmen s. copy o suc au i Controller within 120 report and findings must be submitted to the City days after the close of that fiscal year. 0. Duly authorized representatives of the City shall atall reaandsonable exameimes, have access to and the right to inspect, copy, all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient'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 Recipients services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. E. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act to either Recipient or the City, 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 City. Further neither the City nor any officer, employee, or agent of City shall have authority to direct the manner or means by which Recipient conducts its activities. F. This contract may be terminated upon 30 days written notice by either party. IV. TERM This agreement shall commence upon execution by the parties and shall terminate on June 30, 1987, except as provided herein. V. ASSIGNMENT This agreement may not be assigned by either party without prior written agreement of the other party. t- 3 For the City of Iowa City, Iowa For the Willow Creek Neighborhood Center WIL AM J. AMISC MA OR NAME Dire cf+ TITLE ��EEAAn 1 ATTEST: �UTT CL�tFK ATTEST: NAME ¢ p_ TITLE RESOLUTION N0, 86-173 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE RAPE VICTIM ADVOCACY PROGRAM WHEREAS, the City Council of Iowa City, Iowa, deems it in the public intrest to provide rape victim advocacy services in the Iowa City area, and WHEREAS, the Rape Victim Advocacy Program provides emergency services for all victims of sexual assault, and WHEREAS, the City of Iowa City is empowered by State law to enter into contracts and agreements, and WHEREAS, the Rape Victim Advocacy Program is a non-profit program coordi- nated by the University of Iowa, which is organized and operates under the State laws of Iowa, and WHEREAS, the City of Iowa City and the Rape Victim Advocacy Program have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Dickson and seconded by McDonald the Resolution be adopted, and upon--r-o-TT upon--r-o-call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X Dickson X McDonald X Strait _X Zuber Passed and approved this 17th day of June 1986. 9,AYOR ` ATTEST: CITY�CLERK Received & Approved By Ths legal Dei rhnent 05y t� AGREEMENT This Agreement was made and entered into on the J_J day of �1, , 1986, by and between the City of Iowa City, Iowa, a municipa corporation, hereinafter referred to as the "City," and the Rape Victim Advocacy Program hereinafter referred to as "Recipient," This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orienta- tion, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, disability, or handicap status. I. SCOPE OF SERVICES During the term of this Agreement, Recipient will provide emergency services for all victims of sexual assault, including counseling, medical, and law enforcement advocacy intervention and referral to other agencies. Community education will be provided by an information bureau and a speakers bureau which provide current statistics and information on sexual crimes and prevention. The details of these services are outlined in the Rape Victim Advocacy Program Information and Goals and Objectives Statement for FY87. II. FUNDING A. As its sole; obligation under this Agreement, the City shall pay to Recipient the sum of $10,350 to assist Recipient in meeting its operating expenses for operation of the programs described herein, B. The City shall transfer the funds to Recipient in quarterly payments of $2,587.50 each. The first payment will be made on July 15, 1986. Subse- quent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of monthly board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1987, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. /4044 r -- -i C . Recipient acknowledges that the program under which it is to receive the funds provided herein is the City's Aid to Agencies, that the City's source of funding for Aid to Agencies is federal monies, and that if the total of such payments exceeds $25,000 in a given fiscal year, the Recipient 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, Recipient shall have an audit performed according to the standards prescribed in the OMB Circular A-128, Uniform Administra- tive Re uirements for Grants -in -Aid to State and LocalGovernments. A E557 o suc au i reportan icings must a su mittet o the City Controller within 120 days after the close of that fiscal year. D. Duly authorized representatives of the City 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 Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any j such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipients services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. E. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act to either Recipient or the City, 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 relation- ship involving the City. Further neither the City nor any officer, employee, or agent of City shall have authority to direct the manner or means by which Recipient conducts its activities. F. This contract may be terminated upon 30 days written notice by either party. IV. TERM This agreement shall commence upon the execution by the parties and shall terminate on June 30, 1987, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. /05:5 3 For the City of Iowa City, Iowa: W Liam J. risco, Mayor ATTEST �yJ mar -pan arr, �y U*er For the Rape Victim Advocacy Program: r Narne IlktriJ. ern DMOMMODW TTETe ATTEST: DOUG YOU NO a CONTROLLER AN UNIVERSITY SECRETARY Title licolved A Approved By The legal U pertinent R swac /055' —I � =14 r- � a, RESOLUTION NO. 86-174 TE ANTHE CITY TOSATTESTNAAFUNDINGING THE AGREEME TA WOR TO ITH UNITEDUACTION CLERK FOR YOUTH. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to young people inIowa city whseare and and stress emay and alienated from traditional approaches possibly be approaching delinquency, and WHEREAS, United Action for Youth is an agency which plans and conducts an Outreach Program to locate youth who are alienated from the traditional i hem identify their individual needs approaches to youth services and help t and facilitate meeting the same in the best interests of the individual and the community, and i WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, United Action for Youth is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and United Action for Youth have negotiated a Funding Agreement, a copy of which is attached hereto. i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Dickson and seconded by McDonald the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: — i AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X X STRAIT X ZUBER Passed and approved this 17 day of June 1986. i MAYOR ` ATTEST: Received A Approved .+LMN ai al D rMont -A, t'. AGREEMENT This Agreement was made and entered into on the day of�(Jj�fJ 1986, by and between the City of Iowa City, Iowa, a municipal cc rporaticn, hereinafter referred to as the "City," and the United Action for Youth, Inc, hereinafter referred to as "Recipient." This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, disability, or handicap status. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide assistance to young people, especially those who are alienated from the traditional approaches to youth service, in identifying their individual needs and opportunities, and to facilitate meeting the same in the best interests of the individual with regard for the community. Further details of these services are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY87. Specifically: I. Recipient agrees to comprehensively plan and conduct an Outreach Program to locate youth who are experiencing difficulty and to serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. The Outreach Program shall include the following: a. Staff and maintain a walk-in center which will be open weekdays. b. Maintain visibility and have planned and purposeful contact with youth in the community. c. Develop trust and rapport with young people to enable the Outreach staff to effectively perform their duties. d. Maintain records of Outreach workers, including youth contacts, activities and referrals. e. Build and establish working relationships and communications with other agencies in the community. /oSb t 4 2. Recipient agrees to provide appropriate Outreach services to youth as determined by individual needs. At a minimum, such services shall include: a. Street counseling through personal interaction in the youth environment, maintaining a relationship with individuals, assist- ing them in clarifying their current needs, and determining a course of action that is in their best interest. b. Crisis intervention by seeking out young people experiencing a crisis situation and being available to alleviate their current situation. c. Identification and utilization of available referral services to assist young people to meet their needs or improve their current situation. d. Consultation with and referral of youth to other agencies in the community, remaining available as a resource when appropriate for individual youth. Written records of all referrals will be maintained. e. Follow-up on all Outreach provided to young people to evaluate individual situations and determine if further assistance is needed. 3. Recipient shall solicit and document on-going feedback from clients, their families, and other agencies regarding the effectiveness of Outreach, including information regarding client needs, their level of trust and rapport with Recipient's staff, others' perception of Recipient's effectiveness, and service gaps among agencies. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $40,000 to be used for general operating expenses of the Outreach Program. B. The City shall transfer the funds to Recipient in quarterly payments of $10,000.00 each. The first payment will be made on July 15, 1986. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of monthly board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1987, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Recipient acknowledges that the program under which it is to receive the funds provided herein is the City's Aid to Agencies, that the City's source of funding for Aid to Agencies is federal monies, and /0510 _A� r- 3 that if the total of such payments exceeds $25,000 in a given fiscal year, the Recipient 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, Recipient shall have an audit performed according to the standards prescribed in the OMB Circular A-128, Uniform Administrative Requirements for Grants -in -Aid to State and local Goverents. A copy of such audit report and findings must i e e su Ell Tity controller within 120 days after the close of that fiscal year. D. Duly authorized representatives of the City 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 Recipi- ent, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publica- tion resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying informa- tion concerning persons using Recipients services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. E. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act to either Recipient or the City, 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 City. Further neither the City nor any officer, employee, or agent of City shall have authority to direct the manner or means by which Recipient conducts its activities. F. This contract may be terminated upon 30 days written notice by either party. IV. TERM This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1987, except as provided herein. V. ASSIGNMENT This agreement may not be assigned by either party without prior written agreement of the other party. /OS(O `1 _A� a For the City of Iowa City, Iowa: WILLIAM J. AM 71 SCO, MAYOR \ ATTEST: For United Action for Youth, Inc.: NAME MKWVed R Approved By TF - legal Depw me, r� �L RESOLUTION NO. 86-175 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE JOHNSON COUNTY CHAPTER, AMERICAN RED CROSS. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to respond to community disaster and emergency needs, and WHEREAS, the Johnson County Chapter of the American Red Cross conducts programs which respond to such needs by providing immediate and long-term assistance to Iowa City residents, and WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Johnson County Chapter of the American Red Cross is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Johnson County Chapter of the American Red Cross have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Dickson and seconded by McDonald the Resolu- tion be adopted, and upon roll there were: AYES: NAYS: ABSENT: i j y AMBRISCO BAKER _ X_ COURTNEY DICKSON X 14CDONALD _ X STRAIT _ X ZUBER Passed and approved this 17 day of June 1986. 4MAYOR ATTEST: CITY CLERK AeeelYed A Approved or no Lee 04pparxn? S is 6 b /057 AGREEMENT This Agreement was made and entered into on the , day of 1986, by and between the City of Iowa City, Iowa, a municipal poration, hereinafter referred to as the "City," and the Johnson County Chapter of the American Red Cross, hereinafter referred to as "Recipient." This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, disability, or handicap status. I. SCOPE OF SERVICES During the term of this Agreement Recipient agrees to provide services to alleviate suffering caused by natural or man-made disasters by providing immediate and long-term assistance to disaster victims in Johnson County. This includes offering, when personal resources are not available, immediate assistance of shelter, food, clothing, and need of medicines to an estimated 150 to 200 Johnson County disaster victims. It also includes maintaining a program of pre- and post -disaster education to assist the residents of Johnson County with disaster self-help. Services will also include providing instruction in First Aid in order to promote personal safety and health awareness to an estimated 1,000 people, and to provide cardiopulmonary resuscitation (CPR) techniques to an estimated 1,200 people. Details of the services to be provided are included in the Johnson County Red Cross Program Information and Goals and Objectives Statement for FY87. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $1,000 with the agreement that these funds shall be allocated toward the disaster and safety programs of the Johnson County Red Cross. B. The City shall transfer the funds to Recipient in quarterly payments of $250.00 each. The first payment will be made on July 15, 1986. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. /057 2 III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of monthly board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1987, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Recipient acknowledges that the program under which it is to receive the funds provided herein is the City's Aid to Agencies, that the City's source of funding for Aid to Agencies is federal monies, and that if the total of such payments exceeds $25,000 in a given fiscal year, the Recipient 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, Recipient shall have an audit performed according to the standards prescribed in the OMB Circular A-128, Uniform Administrative Requirements for Grants -in -Aid to State and Loca Governments. A copy ot such audit report and findings must be submitted to the City Controller within 120 days after the close of that fiscal year. D. Duly authorized representatives of the City 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 Recipi- ent, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publica- tion resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying informa- tion concerning persons using Recipients services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. E. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act to either Recipient or the City, 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 City. Further neither the City nor any officer, employee, or agent of City shall have authority to direct the manner or means by which Recipient conducts its activities. F. This contract may be terminated upon 30 days written notice by either party. IV. TERM This agreement shall commence upon execution by the parties and shall terminate on June 30, 1987, except as provided herein. 1057 =1� 9 V. ASSIGNMENT This agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: ATTEST: MAR N For the Johnson County Chapter of the American Redd Cross: ARF ' TITLE ATTEST: &.' LL RESOLUTION NO. 86-176 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE MID -EASTERN COUNCIL ON CHEMICAL ABUSE. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide services to assist persons in need of comprehensive substance abuse prevention and treatment programs in Iowa City, and WHEREAS, Mid -Eastern Council on Chemical Abuse is an agency that provides comprehensive substance abuse prevention and services through treatment, prevention and acute care programs, and I WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into contracts and agreements, and I WHEREAS, Mid -Eastern Council on Chemical Abuse is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and Mid -Eastern Council on Chemical Abuse have negotiated a Funding Agreement a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Dickson and seconded by McDonald the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X _ COURTNEY DICKSON MCDONALD STRAIT ZUBER Passed and approved this 17 day of lune 1986. AYUR ATTEST: Rocofved b Approved CITY CLERK By The Ley, De nfinenf AGREEMENT This Agreement was made and entered into on the At -day of 1986, by and between the City of Iowa City, Iowa, a municipal c poration, hereinafter referred to as the "City," and Mid -Eastern Council on Chemical Abuse, hereinafter referred to as "M.E.C.C.A." or "Recipient." This Agreement shall be subject to the following terms and conditions, to -wit: 1. M.E.C.C.A. shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. M.E.C.C.A. shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, disability, or handicap status. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide services to individuals who are in need of comprehensive substance abuse prevention and treatment programs. An individualized treatment plan may require the services of traditional outpatient treatment, intensive outpatient treatment, day treatment, halfway house or residential services. Details of these services are outlined in the M.E.C.C.A. Program Information, Goals, and Objectives Statements for FY87. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $10,000 to assist Recipient in meeting its expenses for operation of the programs described herein. B. The City shall transfer the funds to Recipient in quarterly payments of $2,500.00 each. The first payment will be made on July 15, 1986. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of monthly board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1987, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. /o58 2 =1I. C. Recipient acknowledges that the program under which it is to receive the funds provided herein is the City's Aid to Agencies, that the City's source of funding for Aid to Agencies is federal monies, and that if the total of such payments exceeds $25,000 in a given fiscal year, the Recipient shall be deemed a secondary recipient of federal monies.For every fiscal year (July I -June 30) in which it is a secondary recipient of federal monies, Recipient shall have an audit performed according to the. standards prescribed in the OMB Circular A-128, Uniform Administratve Re uirements for Grants -in -Aid to State and Loca overnmen s. copy o such audit—report and findings mus be submitted to the City Controller within 120 days after the close of that fiscal year. D. Duly authorized representatives of the City 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 Recipi- ent, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publica- tion resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying informa- tion concerning persons using Recipients services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. E. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act to either Recipient or the City, 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 City. Further neither the City nor any officer, employee, or agent of City shall have authority to direct the manner or means by which Recipient conducts its activities. F. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties hereto and shall terminate on June 30, 1987, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party withoutprior written agreement of the other party. 10516 `rt 3 For the Mid -Eastern Council on For the City of Iowa City, Iowa: Chemical Abuse I C.Pr..T��fl �wfLRn� TITLE TITLE >ioK-ed g Approved 01 The legal De 'Pa. t' RESOLUTION IVO. 86-177 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE JOH14SON COUNTY HAWKEYE AREA COMMUNITY ACTION PROGRAM PROJECT HEAD START WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide developmental programming for children of limited - income families who are aged three to school age, and WHEREAS, the Johnson County Hawkeye Area Community Action Program Project Head Start is an agency which plans and conducts such services, and WHEREAS, the City of Iowa City is empowered by State law to enter into contracts and agreements, and WHEREAS, the Johnson County Hawkeye Area Community Action Program Project Head Start is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Johnson County Hawkeye Area Community Action Program Project Head Start have negotiated a funding agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF I014A CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Dickson and seconded by McDonald 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 17th day of June 1986. MA OR ATTEST: 2Q ,,;,,, CIT CLERK RMP#ad R Approved 4 The legal Dap *nem J iI rd /0459 AGREEMENT This Agreement was made and entered into on the L day of �i a 1986, by and between the City of Iowa City, Iowa, a municipal rporation, hereinafter referred to as the "City", and the Johnson County Hawkeye Area Community Action Program Project Head Start, hereinafter referred to as the "Recipient." This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin 'religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide developmen- tal programming for children of limited -income families who are aged three to school age. Such services shall include, but are not limited to: support for the families, pre-school educational activities, health/nutrition screening, and follow-up services. Details of the services to be provided are included in the Project Head Start Program Information and Goals and Objectives Statement for FY87. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $2,600 to assist Recipient in meeting its operating expenses. B. The City shall transfer the funds to Recipient in quarterly payments of $650.00 each. The first payment will be made on July 15, 1986. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of monthly board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1987, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. /0507 2 C. Recipient acknowledges that the program under which it is to receive the funds provided herein is the City's Aid to Agencies, that the City's source of funding for Aid to Agencies is federal monies, and that if the total of such payments exceeds $25,000 in a given fiscal year, the Recipient 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, Recipient shall have an audit performed according to the standards prescribed in the OMB Circular A-128, Uniform Administrative Re uirements for Grants -in -Aid to State and LocalGovernments. A copy of such audit report and findings must e submitted to the City Controller within 120 days after the close of that fiscal year. D. Duly authorized representatives of the City 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 Recipi- ent, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publica- tion resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying informa- tion concerning persons using Recipients services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. E. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act to either Recipient or the City, 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 City. Further neither the City nor any officer, employee, or agent of City shall have authority to direct the manner or means by which Recipient conducts its activities. F. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1987, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. /D$q —Al / For the City of Iowa City, Iowa: Bi For the Johnson County HACAP Project Head Start =1, t� RESOLUTION NO. 86-178 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to older .people in Iowa City who are in need of programs which aid them in their efforts to remain independent, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Elderly Services Agency of Johnson County is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Elderly Services Agency of Johnson County have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Dickson and seconded by NkDonald the Resolu- tion 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 17 day of June �1.986-.r� MAYOR Ibalvsd & App vsd 6y Th Lsyd Ds nt /1040 =1� t' AGREEMENT This Agreement was made and entered into on the 17 dayof p" 1986, by and between the City of Iowa City, Iowa, a municipal poration, hereinafter referred to as the "City," and the Johnson County Elderly Services Agency, hereinafter referred to as the "Recipient." This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, disability, or handicap status. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide to elderly residents of Johnson County the information and support services herein described, in order to identify and assist in responding to their needs and concerns. Further details of these services are outlined in the ESA Program Information and Goals and Objectives Statement for FY87. A. Recipient agrees to provide and to publicize through available media a comprehensive Information and Referral service for elderly residents of Johnson County which shall include the following components: 1. Maintenance of a current information file on services and re- sources available to Johnson County elderly. 2. Response to requests for information about community resources for the elderly and referral of elderly individuals to appropriate resources to meet their needs. 3. Follow-up on referrals, as appropriate, by contacting the person referred to determine whether the referral met the need ex- pressed. 4. Maintenance of records of all information and referral contacts and related calls, including specific information on needs expressed during these contacts and calls which cannot be met by existing resources. '1060 -I _A1 t - E B. Recipient agrees to provide an Outreach service to identify needs and concerns of elderly persons in Johnson County, and to inform them of Recipient's and other community services available to assist in meeting such needs. 1. Recipient shall publicize its Outreach service through available media resources. In addition, Recipient shall maintain a speakers' bureau to provide information on available services, as well as concerns of the elderly, to citizen, professional and other community groups in an effort to utilize persons who may be aware of individual elderly needs to reach as many elderly persons as possible. 2. Recipient shall provide a referral or liaison to community resources where necessary and appropriate. C. Recipient agrees to coordinate a Chore and Support service for Johnson County elderly in need of same. 1. Coordination shall include recruitment, screening, and matching of volunteers and clients; maintenance of a current file of available volunteers; and follow-up to assure satisfaction of both parties. 2. Chore services to be provided shall include minor home repairs, yardwork, and snow removal. 3. Support services to be provided shall include friendly visiting, telephone reassurance, good neighbor, and transportation assis- tance. D. Recipient agrees to serve as an advocate for the needs and concerns of Johnson County elderly on an individual and group basis as the need arises, including: 1. Group advocacy with governmental policymakers, business and civic community groups on unmet needs brought to the Recipient's attention through its Information and Referral or Outreach services, and on issues of concern raised by the elderly commu- nity. 2. Individual advocacy in regard to Recipient's Information and Referral, Outreach, and Chore and Support Service programs when a client has difficulty in obtaining a service or when provision of a service is unsatisfactory. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $28,671 to assist Recipient in meeting its expenses for administration, travel, equipment and supplies necessary for the operation of the programs described herein. It is understood that the agency's administrative offices shall be located in the Senior Citizen Center. � .I a --i t" The City shall transfer the funds to Recipient in quarterly payments of $7,167.75 each. The first payment will be made on July 15, 1986. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of monthly board minutes, a quarterly accounting and a quarterly program report. On or before July 30, 1987, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. Recipient acknowledges that the program under which it is to receive the funds provided herein is the City's Aid to Agencies, that the City's source of funding for Aid to Agencies is federal monies, and that if the total of such payments exceeds $25,000 in a given fiscal year the Recipient 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, Recipient shall have an audit performed according to the standards prescribed in the OMB Circular A-128, Uniform Administrative Requirements for Grants -in -Aid to State and LocalGovernmen s. copy o sucE audit report and findTngs must e submitted to the City Controller within 120 days after the close of that fiscal year. Duly authorized representatives of the City 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 Recipi- ent, and to make site visits and survey program participants in order to evaluate and monitor the Recipient'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 Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act of either Recipient or the City, 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 City. Further, neither the City nor any officer, employee, or agent of City shall have authority to direct the manner or means by which Recipient conducts its activities. This contract may be terminated upon 30 days written notice by either party. a IV. TERM This agreement shall commence upon execution by the parties and shall terminate on June 30, 1987, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa WILL 4 J. AMBrCO,19AYOR ATTEST: MARIAN K. KARR, CITY CLERK For Elderly Services Agency of Johnson Cc nty: NAME f TITLE ATTEST: NAME zlG'f'x� "9� TITLE Recelvod 6 Approved by T6 legal pe /rt onl -1 a -A RESOLUTION NO. 86-179 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE DOMESTIC VIOLENCE PROJECT WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist persons who are victims of domestic violence in Iowa City, and WHEREAS, the Domestic Violence Project is an agency which provides temporary emergency shelter and related assistance, counseling and emotional support, referrals and advocacy to victims of domestic violence, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Domestic Violence Project is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Domestic Violence Project have negotiated a funding agreement whereby the City agrees to provide funding to be used for part of the operating expenses of the Domestic Violence Project, a copy of said Agreement being attached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the Clerk to attest said Agreement. It was moved by Dickson and seconded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON XMCDONALD T STRAIT X ZUBER Passed and approved this 171-h day of 1986. MAYOR ATTEST: CITY,CLERK Reoelved 6 ApproveA By The Legal D onvent /0(01 AGREEMENT This Agreement was made and entered into on the � day of JN„e- , 1986, by and between the City of Iowa City, Iowa, a municipal corporation (City) and the Domestic Violence Project (Recipient). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms , conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orienta- tion, disability, or handicap status. 2. Recipient shall not deny any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide assistance to individuals who are victims of domestic violence, such assistance to include but not 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 FY87. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $13,200 to assist Recipient in meeting its operating expenses. B. The City shall transfer the funds to Recipient in quarterly payments of $3,300.00 each. The first payment will be made on July 15, 1986. Subse- quent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of monthly board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1987, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. !0(o 1 2 s to C funds provided herein is the hecipty'saAid ndto Agencies, that � that theCil ty's source of funding for Aid to Agencies is federal monies, and that if the the total of such payments exceeds 525,000 in a given fiscal year, Recipient shall be deemed a secondary recipient of federal monies.For every fiscal year (July 1 -June 30) in which it is a secondary recipito ent of federal moniesRecipient the Ll have an OMB CircularuAccord �128, UniformaAdministra- the standards p t;,,o aanuirements for Grants -in -Aid to State anted c oc�a Goveronmenos City copy of sucn auun =N� �••- -- Controller within 120 days after the close of that fiscal year. 0. Duly authorized representatives of the City shall at auditl areasonand ble times, have access to and the right to inspect, copy, all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examinatioise nformationite � concernint or g personsshall �sus�ng the name or other identifying Recipients services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. E. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing Contained in this Agreement, nor any ac oft the either parties,piortbyr the any third shall be deemed or construed by Y persons, to create any relationship of third -party beneficiary, employer and employee, principal and agent, or any association or other relation- ship involving the City. Further neither the City nor any officer, employee, or agent of City shall have authority to direct the manner or means by which Recipient conducts its activities. F. This contract may be terminated upon 30 days written notice by either party. IV. TERM This agreement shall commence upon execution by the parties and shall terminate on June 30, 1987, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. 3 For the City of Iowa City, Iowa For the Domestic Violence Project: • ,g 4ILLI J. RISC M ORcr a e� NAME ATTEST: MANIKIN K. KARR, CITY CLERK Cks(LA DVP Boari� o� AMjprs TITLE ATTEST: NAME TITLE(/ Reoelved R Approved By fie Legal 1) arf nenf /661 —All RESOLUTION NO. 86-180 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE IOWA CITY CRISIS INTERVENTION CENTER WHEREAS, the City Council of Iowa City deems it in the public interest to provide services to assist persons needing emergency assistance in Iowa City, and WHEREAS, the Iowa City Crisis Intervention Center is an agency which provides short term crisis intervention and counseling, information and referral services, and emergency food and basic needs assistance to persons in need, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Iowa City Crisis Intervention Center is a non-profit corpora- tion organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Iowa City Crisis Intervention Center have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by nirkson and seconded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X Dickson X McDonald �— Strait T— Zuber Passed and approved this 17th day of June 1986. M OR ATTEST: - aw Reeelved 8 Approver By The Wal Rant /4042. AGREEMENT -Al This Agreement was made and entered into on the 23vP day of 1986, by and between the City of Iowa City, Iowa, a municipal corpora ion hereinafter referred to as the "City," and the Iowa City Crisis Interven- tion Center hereinafter referred to as "Recipient." This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin 'religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, disability, or handicap status. I. SCOPE OF SERVICES During the term of this Agreement Recipient shall provide assistance to individuals, including but not limited to, short-term crisis counseling and information and referral services; emergency transportation and food provisions for local residents; and vouchers and arrangements for emer- gency shelter, food and transportation assistance for non-residents of the Iowa City area. Details of these services are outlined in the Crisis Center Program Information and Goals and Objectives Statements for FY87. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $18,138, of which $8,798 shall be used by Recipient in meeting its expenses for operation of the programs described herein, and $9,340 shall be allocated specifically to the operating expenses of Recipient's Emergency Assistance Program. B. The City shall transfer the funds to Recipient in quarterly payments of $4,534.50 each. The first payment will be made on July 15, 1986. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of monthly board minutes, a quarterly accounting and a quarterly program report. /0(0% t- 2 ll an B on or before annual accountingyreport 30, ldescr987, ibing,eat ant �minimum, dthe ou uses of�funds received hereunder. C. Recipient acknowledges that the program under which it is to receive the funds provided herein is the City's Aid to Agencies, that the City's source of funding for Aid to Agencies is federal monies, and that if the total of such payments exceeds $25,000 in a given fiscal year, the Recipient 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, Recipient shall have an audit performed according to the standards prescribed in the OMB Circular A-128, Uniform Administrative Re ul ments for Grants -in -Aid to State and Local overnmen s. copy o suc au i repor an in Ings mus e su muted to the City Controller within 120 days after the close of that fiscal year. D. Duly authorized representatives of the City 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 Recipi- ent, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publica- tion resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying informa- tion concerning persons using Recipients services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. E. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act to either Recipient or the City, 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 City. Further neither the City nor any officer, employee, or agent of City shall have authority to direct the manner or means by which Recipient conducts its activities. F. This contract may be terminated upon 30 days written notice by either party. IV. TERM This agreement shall commence upon execution by the parties and shall terminate on June 30, 1987, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. /10r r- For the City of Iowa City, Iowa: ��p�.0, i WILLIAM J.—AM BtISCO, MAYOR ATTEST: )-4, ) -P- 4."' MARIAN K. KARR, CITY CLERK 3 For the Iowa City Crisis Center: AME TITLE ATTEST: NAME/ p �6J,/ Z26� F TITL Received & Approved By o legal Da�rqmnt /OGS -4 r- RESOLUTION 140. 86-181 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEI4ENT FOR YOUTH SERVICES WITH BIG BROTHERS/BIG SISTERS OF JOHNSON COUNTY. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide volunteer adult companionship for youths in the Iowa City area who are between the ages of 6 and 14, and WHEREAS, Big Brothers/Big Sisters of Johnson County provides matching volunteers for youths between these ages, and WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Big Brothers/Big Sisters Program is a non-profit program of the Johnson County Extension Service, and WHEREAS, the City of Iowa City and Big Brothers/Big Sisters Program have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved byDickson and seconded by McDonald the Resolu- tion be adopted, an upon roll call there were: AYES: NAYS: ABSENT: i X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT ___T— ZUBER Passed and approved this 17th day of June 1986. I � MAYOR ATTEST: CITIT CLERK (icelred B Approved y 1Ae Lepd D n1 /0615 -,IQ AGREEMENT This Agreement was made and entered into on the 12DA day of , 1986, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City," and Big Brothers/Big Sisters of Johnson County, hereinafter referred to as "Recipient." This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, disability, or handicap status. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide a program whereby youths between 6 and 14 years of age are matched with adult volunteers who will provide guidance and companionship. Details of services to be provided are outlined in the Recipient's Program Informa- tion and Goals and Objectives Statement for FY87. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $25,300 to assist Recipient in paying the salaries of the program coordinator and caseworkers of the Big Brothers/Big Sisters Program. B. The City shall transfer the funds to Recipient in quarterly payments of $6,325.00 each. The first payment will be made on July 15, 1986. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of monthly board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1987, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. /0�3 E C. Recipient acknowledges that the program under which it is to receive the funds provided herein is the City's Aid to Agencies, that the City's source of funding for Aid to Agencies is federal monies, and that if the total of such payments exceeds $25,000 in a given fiscal year, the Recipient 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, Recipient shall have an audit performed according to the standards prescribed in the OMB Circular A-128, Uniform Administrative Re uirements for Grants -in -Aid to State and Loca overnmen s. copy o such audit report and findings mus be submitted to the City Controller within 120 days after the close of that fiscal year. D. Duly authorized representatives of the City 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 Recipi- ent, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publica- tion resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying informa- tion concerning persons using Recipients services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. E. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act to either Recipient or the City, 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 City. Further neither the City nor any officer, employee, or agent of City shall have authority to direct the manner or means by which Recipient conducts its activities. F. This contract may be terminated upon 30 days written notice by either party. IV_TFRM This agreement shall commence upon execution by the parties hereto and shall terminate on June 30, 1987, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. 1043 3 For the City of Iowa City, Iowa: L J. ` BR CO,M 0' AY R ATTEST: MARIAN K. KARR, CITY CLERK For the Big Brothers/Big Sisters of Johnson County: NAME (� ATTEST: 9/ ' NAME e'll cekl±v, firfa r, Gr P TITLE u AD LE REE E 8. Approved TMe tAga1 p rhrrint /0(0!) i 01 -A RBS. N0. 86-182 June 17 , 1986 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 o'clock P.M., on the above date. There were present Mayor Ambrisco , in the chair, and the following named Council Members: Ambrisco, Baker, Courtney Dickson McDonald Absent: Strait, Zuber -1- ♦Llr•n. (axyl. lbmnitt ",'-I Mu1116 Nllrr•, laxp•n, Ib AYxrrn, lux. / O =lir Council Member McDonald introduced the following Resolution entitled "RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF" and moved its adoption. Council Member Courtney seconded the motion to adopt. The roll was called and the vote was, AYES: Dickson, McDonald, Ambrisco, Baker, Courtney NAYS: Whereupon the Mayor declared the following Resolution duly adopted as follows: RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the Highway 1/Interstate 80 Sewage Pumping Facilities Project, within the City, under contract with Sulzberger Excavating, Inc. of Muscatine, Iowa, which final plat and schedule was filed in the office of the Clerk on the 4th day of June 1986; said assessments are hereby corrected by making the following changes and reductions: NAME OF PROPOSED CORRECTED PROPERTY FINAL FINAL OWNER AND PROPOSED CONDITIONAL CORRECTED CONDITIONAL DESCRIPTION FINAL DEFICIENCY, FINAL DEFICIENCY, OF PROPERTY ASSESSMENT IF ANY ASSESSMENT IF ANY NONE -2- ALlrn frnrnY. (Mnxaln 14,11. lmilL A Alli.,. lenlr•n (1,AY.nn Irm / 104 4 ft t� BE IT FURTHER RESOLVED, that the said schedule of assessments and accompanying plat, be and the same are hereby approved and adopted; and that there be, and is hereby assessed and levied, as a special tax against and upon each of the lots, parts of lots and parcels of land, and the owner or owners thereof liable to assessment for the cost of said improvements, the respective sums expressed in figures set opposite to each of the same on account of the cost of the construction of the said improvements. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and are levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384.63, Code of Iowa. Said assessments against said lots and parcels of land are hereby declared to be in proportion to the special benefits conferred upon said property by said improvements, and not in excess thereof, and not in excess of 258 of the value of the same. BE IT FURTHER RESOLVED, that said assessments of $50.00 or more shall be payable in ten equal annual installments and shall bear interest at the rate of 12 percent per annum, maximum rate permitted by law, from the date of the acceptance of the improvements; the first installment of each assessment, or total amount thereof, if it be less than $50.00, with interest on the whole assessment from date of acceptance of the work by the Council, shall become due and payable on July 1, 1987; succeeding annual installments, with interest on the whole unpaid amount, shall respectively become due on July 1st annually thereafter, and shall be paid at the same time and in the same manner as the September semiannual payment of ordinary taxes. Said assessments shall be payable at the office of the City Clerk, in full or in part and without interest within thirty days after the date of the first publication of the notice of the filing of the final plat and schedule of assessments to the County Treasurer of Johnson County, Iowa. BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to certify said final plat and schedule to the County Treasurer of Johnson County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the inky r';t,�pracc fit;�an , a newspaper printed wholly in the English language, published in Iowa City, Iowa, and of general circulation in Iowa City, Iowa, the first publication of said notice to be made within fifteen days from the date of the filing of said schedule with the County Treasurer, the Clerk shall also send by certified mail to all property owners whose property is subject to assessment a copy of said notice, IY1., S -1h A MR.,.. U.,'n IN, A4. -Y. InN / D =14, r - said mailing to be on or before the date of the second publication of the notice, all as provided and directed by Code Section 384.60, Code of Iowa. BE IT FURTHER RESOLVED, that the Clerk is directed to certify the deficiencies for lots specially benefited by the improvements, as shown in the final schedule of assessments, to the County Treasurer for recording in the Special Assessment Deficiencies Book and to the city official charged with responsibility for the issuance of building permits. Said deficiencies are conditionally assessed to the respective properties under Code Section 384.63 for the amortization period specified by law. The Clerk is authorized and directed to ascertain the amount of assessments remaining unpaid after the thirty day period against which improvement bonds may be issued and to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 17th day of June �-.. _, 1986. � 4 ATTEST: Mayor -4- AL4•n. Gmx�. fhrmnl....... r. Smeh A Allbrr. Wxp•n, Ry LWixn. 4ixe /DG i" - (Two publications required) NOTICE OF FILING OF THE FINAL PLAT AND SCHEDULE OF ASSESSMENTS AGAINST BENEFITED PROPERTIES FOR THE CONSTRUCTION OF THE HIGHWAY 1/INTERSTATE 80 SEWAGE PUMPING FACILITIES PROJECT, WITHIN THE CITY OF IOWA CITY, IOWA TO THE PERSONS OWNING LAND LOCATED WITHIN THE DISTRICT DESCRIBED AS THE HIGHWAY 1/INTERSTATE 80 SEWAGE PUMPING FACILITIES PROJECT, WITHIN THE CITY OF IOWA CITY, IOWA: consisting of the properties which are described as follows: (1) That part of the Southwest quarter of Section 36, Township 80 North, Range 6 West of the 5th Principle Meridian, Iowa City, Johnson County, Iowa, lying Northerly of the Northerly right-of-way of Interstate Highway 80 and Westerly of the Westerly right-of-way of State Highway 1. (2) Part of the Southwest quarter of the Southeast quarter of Section 36, Township 80 North, Range 6 West of the 5th Principle Meridian, Iowa City, Johnson County, Iowa, commencing as a point of reference at the Northeast corner of the Southeast quarter of the Southwest quarter of said Section 36; thence North 189.76 feet along the Fast line of the Southwest quarter of said Section 36 to the point of beginning; thence North 490 6' 50" West, 1186.34 feet to the Easterly right-of-way line of Iowa State Highway 1; thence Southerly along the easterly right-of-way line of Iowa State Highway 1 to the Northerly right-of-way of Interstate Highway 80; thence Easterly along the Northerly right-of-way line of Interstate Highway 80 to the Easterly line of the Southwest quarter of the Southeast quarter of said Section 36; thence North 00 12' East, 1164.0 feet to a point; thence South 890 26' West, 1309.0 feet to the point of beginning. The extent of the work completed on the Highway 1/Interstate 80 Sewage Pumping Facilities Project, is as follows: Description of Improvements - The improvements consist of a sewage pumping station, approximately 3,200 lineal feet of 6 -inch diameter sewage force main, approximately 800 lineal feet of 8 -inch diameter sanitary sewer main including manholes, approximately 2,100 lineal feet of 8 -inch diameter sanitary sewer service including manholes, surface restoration, and related incidental work. -5- Alk, Cup , 1111-11 IUY",. Smrlh A Alit., W1, It, K. -I . wn, r- General Location of Improvements - The sewage pumping station is located at the northwest corner of the intersection of Highway 1 and Interstate 80 on an easement adjacent to the highway right-of-way. The 6 -inch diameter sewage force main begins at the northwest corner of the intersection of Highway 1 and ACT Circle and extends northerly along the westerly right-of-way of Highway 1 across Interstate 80 to the sewage pumping station. The sanitary sewer main extends northerly from the sewage pumping station along the right-of-way of Highway 1 to a point approximately 800 feet north of the sewage pumping station. The sanitary sewer service lines extend from either the sewage pumping station or the sanitary sewer main to existing private sewers located within the assessment area. You are hereby notified that the final plat and schedule of assessments against benefited properties within the District described as the Highway 1/Interstate 80 Sewage Pumping Facilities Project, for the construction of sanitary sewer improvements, has been adopted and levied by the Council of Iowa City, Iowa, and that said plat and schedule of assessments has been certified to the County Treasurer of Johnson County, Iowa. Assessments of $50.00 or more are payable in ten (10) equal annual installments, with interest on the unpaid balance, all as provided in Section 384.65, City Code of Iowa. Conditional deficiency assessments, if any, may be levied against the applicable property for the same period of years as the assessments are made payable. You are further notified that assessments may be paid in full or in part without interest at the office of the City Clerk, at any time within thirty days after the date of the first publication of this notice of the filing of the final plat and schedule of assessments with the County Treasurer. Unless said assessments are paid in full within said thirty day period all unpaid assessments will draw annual interest computed at 12 percent (commencing on the date of acceptance of the work) computed to the December 1st next following the due dates of the respective installments. Each installment will be delinquent on September 30th following its due date on July let in each year. Property owners may elect to pay any annual installment semiannually in advance. All properties located within the boundaries of the Highway 1/Interstate 80 Sewage Pumping Facilities Project, above described have been assessed for the cost of the making of said improvements, the amount of each assessment and the amount of any conditional deficiency assessment having been set AM— Ca., IMrxnlrt 14Y^ VSmirb A A111.1 bxH'n. Un Lhrx+. km, / 0 =lj+„ out in the schedule of assessments and plat accompanying the same, which are now on file in the office of the County Treasurer of Johnson County, Iowa. For further information you are referred to said plat and schedule of assessments. This Notice given by direction of the Council of the City of Iowa City, Iowa, as prescribed by Code Section 384.60 of the City -I t. Posted: 6 13 86 @ 4:00 p.m. d]7'd Removed: /1$/86 @ 9:30 a.m. did QRIGIMAL (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: June 17, 1986 Time of Meeting: 7:30 p.m. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: ' Resolutions in connection with the Highway 1/Interstate 80 Sewage Pumping Facilities Project. t - Resolution adopting and levying final schedule of E assessments. Such additional matters as are set forth on the addi- tional 21 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. Cit Clerk, Iowa City, Iowa AFITM C—N-I fM trt I4,r LAI ItNr to ,N, MAWN. Ln. /O4f1 1N t- RESOLUTION NO. 86-183 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IY87 ASPIIALT RESUFACING PROJECT TO L. L. PELLING 00?IPANY, INC., WHEREAS, L. L. Pell' n Co. Inc. for the construction of the has submitted the est bidof 1110M.99 above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to 1.. L. Pellin Co. Inc. of Iowa Citv, Iowa subject to the condition that awar ee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction, of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Dickson and seconded by Courtney that the resolution as read e a opte , and upon roll call there were: AYES: NAYS: ABSENT: x_ Ambrisco X Baker X Courtney X Dickson X i,IcDonald _ X Strait X Zuber Passed and approved this 17th day of June 1986 . MAYOR ATTEST: ��-� x• / � ROWtv0d $ ApprovW CITY CLERK gy Tho lAgrl nn.o+ /641T i 14� �,k ADVERTISDEW FOR BIDS FY87 ASWXT RESOMING ftECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 10th day of June, 1986, and opened imrediately thereafter by the City Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on June 17, 1986, or at such later time and place as may then be fixed. The work will involve the following: M asphalt surface with the necessary leveling, curb repair and grinding and removal of existing asphalt on designated streets. All work is to be done in strict compliance with the plans and specifications prepared by Francis K. Fanner, P.E., City Engineer of Iowa City, I", which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifi- cations for Highway and Bridge Construction", Series of 1984, Iowa Deparbnent of Transportation, Ares, Ioa. Each proposal shall be canpleted on a form furnished by the City and mut be accorpanied in a sealed envelope, separate from the one containing the proposal, by either of the following fors of bid security: (1) a certified or cashier's check drawn on a solvent Ione bank or a bank chartered under the laws of the lhited States or a certified share draft drawn on a credit union in Ioa or chartered oder the laws of the lhited States, in an amwnt elual to 10% of the bid, or (2) a bid bond executed by a corporation authorized to contract as a surety in the State of Ioa, in a penal sun of 10% of the bid. The bid security shall be node payable to the TWARw_R OF 1ME CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Ioa City as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful perfonrence of the contract and maintenance of said work, if required, pursuant to the provisions of this notice and the other contract docurents. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or rejection,is made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. AF -1 /O6s Payment to the Contractor will be nude as specified in the "Standard Specifications", Article 1109.06. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the pro# payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of 2 years from and after its cmpletion and acceptance by the City. The follaring limitations shall apply to this project: Working Days: 25 Completion Date: August 1, 1986 Liquidated Damages: $150 per day The plans, specifications, and proposed contract documents may be examined at the Office of Francis K. Farmer, P.E., by bona fide bidders, ileturr all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of the bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on city projects. The Contractor awarded the contract shall submit a list of proposed subcontractors along with quanti- ties, unit prices and anounts before starting construction. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all efforts to recruit MBE's. A listing of minority contractors is available and can be obtained form the Civil Rights Specialist, at the Ima City Civic Center, by calling 319/356-5022. By virtue of statutory authority, preference will be given to products and provisions grohm and coal produced within the State of Iowa, and to Iowa darestic labor, to the extent lawfully required order Iowa Statutes. The Ioa Reciprocal Preference Act (SF 2160) applies to the contract with respect to bidders who are riot Iowa residents. The City reserves the right to reject any or all proposals and to waive technicalities and irregular- ities. Published upon order of the City Council of IM City, Iows. AF -2 /to eos City of Iowa City MEMORANDUM Date: May 29, 1986 To: The Honorable Mayor and City Council From: James Brachtel, Traffic Engineer Re: University of Iowa's Steam Tunnel Project Two items appear on this meeting's agenda which relate to the University of Iowa's Steam Tunnel Project. One item deals with the prohibition of left turns at the intersection of Riverside Drive and Burlington Street. This prohibition during peak hours is required so as to promote north-south/east-west traffic. During the times of the prohibition, the University of Iowa's specifications for the project require that the contractor secure the services of a uniformed officer to reinforce the left turn prohibitions. It is recommended that the City Council support this authorization by the Traffic Engineer. The second item on the agenda is a resolution agreeing to a detour of Iowa Highway 1. The detour will move traffic from Riverside Drive and Burling- ton Street to Gilbert Street and U.S. Highway 6. This detour is being put in place so as to help guide foreign, drivers around the construction area. It is recommended that Council adopt this resolution. bdw4/3 1044 City of Iowa City - MEMORANDUM Date: May 29, 1986 To: The Honorable Mayor and City Council From: James Brachtel, Traffic Engineer Re: Turn Prohibitions at Burlington Street/Riverside Drive As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to Section 23-199 of the Municipal Code of Iowa City, the City Traffic Engineer will authorize the installation of NO LEFT TURNS 7:00 A.M.-9:00 A.M. AND 3:00 P.M. -6:00 P.M. MONDAY THROUGH FRIDAY for all four approaches to the intersection of Burlington Street and Riverside Drive. This action will be taken by the University of Iowa's contractor in the completion of the University of Iowa's Steam Tunnel, Project. It will be the contractor's responsibility to install the signs at the beginning of his project and to remove them when traffic may flow safely through the intersection. COMMENT: This authorization is being made to support the University of Iowa's Steam Tunnel Project. A portion of this project requires rebuilding of a vault in the intersection. During this phase of the project, traffic will be significantly constricted. Left turns are being prohibited during the peak hours of the day so as to promote east -west and north -south traffic flows. Emergency vehicles and City buses will be permitted to left turn during these times. bdw4/2 V I L E 0 MAY 3 01986 M CRI1AN . K ARR /oGG RESOLUTION NO. 86-184 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF Ia9A CITY AND IOWA DEPARTMENr OFFTO�SPORTATION FOR USE OF CITY STREETS WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Iowa De artment of Trans ortation a copy of said t being attache to tis Reso ution LIT tis reference made a part ereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement for use of City streets as detours with the Iowa Department of Trans ortation NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Iowa Department of Transportation 2. That the City Clerk shall furnish copies of said a,*reement to any citizen requesting same. It was moved by Dickson and seconded by McDonald that the resolution as rea e a opte , an 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 17th day of June 19_86 . MA OR ATTEST: ? i CITY CL RK kseelved & Approved !y 1M Legal DepAmenl a d/�L'11 F.I. M012 CITY STREETS aq pGRL RENT FOR USE OF ❑COUNTY ROA AS DETOURS This agreement entered into In IS day of June ,1986 by and between the Iowa DeparlmenI of Transportation consisting of the following members: Austin Turner C Roger Fair Dave Clemens, Molly Scott Del Van Horn Doug Shull Robert H. Meier ffcny Council hereinafter knownasthe Partyofthe First Pan; and the Iowa City ❑ County Board of Supervisors, consisting of the following members: William Ambrisco John McDonald Larry Baker Darrel Courtney, Kate Dickson George Strait Ernest Zuber hereinafter known as Party of the Second Part. WHEREAS,The Panyof the First Pan hasdetermined the necessltyto Close portions of U.S. 6 (Riverside Drive) at Iowa I (Burlington Street) to allow the University of Iowa to repair a steam tunnel located under U.S. 6 and WHEREAS, It is necessary to provide a detour for the construction site during the construction period, and Clly streets Iowa ri t ❑ County secondary roads WHEREAS, The Party of the Second Pan agrees to permit the useof �' Gilbert Street as a detour, more particularly described as follows: Beginning at the intersection of Iowa 1 (Burlington Street) and Gilbert Street southerly 0.9 miles on Gilbert Street to the intersection of U.S. 6 and Gilbert and WHEREAS, Authorized engineers representing both the Party of the First Part and the Party of the Second Part shall jointly execute and sign a written report concerning the condition of the proposed detour, after jointly Inspecting said road, the subject of the proposed detour; said report to be in sufficient detail as to reasonably reflect the condition of the roadway base, surface, shoulders and bridges, and WHEREAS, Party of the First Part agrees (pre -detour maintenance) and WHEREAS, Party of the First Part agrees to aswxi5xzaasx> YoWXM provide all traffic control devices required by the Iowa MUTCD In. cluding the marking of no -passing zones as specified In Section 3B•5 of the Iowa MUTCD during the period the Yclty street The City of Iowa City agrees to maintain and repair the primary road detour ❑ county road and structures are being utilized as a primary road dolour, and a o°YI�cost 4Xt0 PIowa Department ofTransporati on. XXX vxucaeawscxxaaanxx�xwxxuxyarraaYraxxa�saaozaaaxlexa�Za�lsaxa([PrjjBza>a�xwxxacax�a%a(awx�zxzxx � x�xxxa dwwxxxazu>rK r ica x Xyas>9z >Fwxtxa wcl�x X1MK"Xx=)U(zMawx=xxXcal5*0XXzayd�xarwxaau�xt� xar:rd6lcxacxxx�xxxacx�cx reYaa�(xxa�wll-xauxa xa�xaaaawcxiwxxzlxarzzi�zexi(z�acoawxxwxaxx�wxax�xx WHEREAS,The detour period Is estimated to begin June 15, 1986 and and August 31,1986 M city street NOW, THEREFORE, BE IT AGREED that the described ❑ secondary road be used as a detour under stipulations outlined above. IN WITNESS WHEREOF, The parties herald have caused this agreement to be executed by proper officers thereunto duly authorized as of the dales below indicated. Date: --y/'--S"`� Highway Division actor Iowa Department of Transportation Dam: June 172 1986 1, - - •>~sA _Cily Chairmen County Board of supervisor Attest To: t DDI _ Date: City Clork G1ALA.z _ aJv✓-City LL7 Auditnr _. _ Ononty �l� �!e City of Iowa City MEMORANDUM GATE: June 11, 1986 TO: Dale Helling and City�/uracil FROM: Chuck Sdunadeke �`/iJ RE: Metcalf $ Eddy Agreement Attached is the contract between Iowa City and the firm of Metcalf F. Eddy, Inc. This contract covers the design, construction management and startup services for: - The new Sand Road wastewater treatment plant - The alteration and expansion of the existing wastewater treatment plant University Heights interceptor sewer - Northern portion of the S.E. interceptor sewer - S.E. interceptor sewer to relieve Pair Aleadows lift station - Sycamore Street sewer extension - Wastewater lift station Metcalf F, Eddy will look at alternative sitesfor the Se alternative facility; examine alternative seller routing; treatment processes; and will perform the preliminary and final design of these improvements. They will i nprovide inspectionoverall and startup of ination and management of the design, construct these facilities. This contract is on a cost reimbursable basis with a maximum fee of $4,71600. matclf has aged o local firms approximately 40%aof the ddesign and 70%tofsthe r onsitacte construction inspection effort. This agreement reflects the comprehensive management approach to the design and construction of these improvements which is necessary to meet the July 1988 deadline imposed by EPA. /OG t� RESOLUTION NO. 86-185 RESOLUTION AUTHORIZING EXECUTION OF AN AGRE00T BLrn%EEN TI1E CITY OF IOWA CITY AND DIETCALF $ EDDY, INC. FOR PROFESSIO:lAL ENGINEERING AND PROJECT h!ANA(,T-Jff:NT SF.RIRCES IN CO.VNECIIO,N IYITti I01VA CITYWASTEWATER FACILITY IMPROVEDICNTS WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Dktcalf F Eddv Inc.a copy of said agreement being attache to tis Res- ution and by tis reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement for Professional engineering and project management services in connection with Iowa City Wastewater Facility Improvements NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Metcalf F Fddv Inr 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by McDonald and seconded by Dickson that the resolution as rea be a opte ,, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X Dickson McDonald X Strait X Zuber Passed and approved this 17th day of June 1986 ATTEST: 4a,e ,? ,'� � �) CITY CLERK 1�tt,etil MAYO od & Ap vea :09 rfixnl 1017 -Al t_. AGREEMENT BETWEEN THE CITY OF IOWA CITY AND METCALF & EDDY, INC. FOR PROFESSIONAL ENGINEERING AND PROJECT MANAGEMENT SERVICES THIS IS AN AGREEMENT made and entered into this /7°;-' day of , 1986, by and between the City of Iowa City, a municipal corporation (hereinafter referred to as OWNER) and Metcalf & Eddy, Inc., a Delaware corporation (hereinafter referred to as ME). WHEREAS, the OWNER intends to engage M&E to perform professional engineering and project management services in connection with a project known as IOWA CITY WASTEWATER FACILITY IMPROVEMENTS. WHEREAS, the OWNER is committed to treating the wastewater flows from within the Iowa City limits and from University Heights. At the present time wastewater is transported by a series of lift stations, force mains and gravity lines to a centrally located treatment facility, where both domestic and industrial waste flows are treated. However, the existing facility does not satisfy the needs of the community. WHEREAS, the population in Iowa City has been steadily increasing over the past 10 to 20 years taxing the existing treatment facility in recent years. Because of this increase in population, the existing facility does not consistently meet its discharge requirements. Mandatory compliance with discharge 1 /047 requirements will be necessary by July 1, 1988- This, coupled with the knowledge that Iowa City will continue to grow, necessitates design, construction, and operation of the improvements recommended in the Metcalf & Eddy Phase III Report, Alternative 11, dated September 2, 1985 (hereinafter referred to as the Project). NOW, THEREFORE, for the mutual promises herein contained and other valuable consideration, it is hereby agreed by and between the parties hereto that the OWNER does contract with M&E and M&E does contract with the OWNER to provide services as set forth herein according to the terms of this Agreement. Such contract for services will be subject to the following terms, conditions and stipulations, to -wit: SECTION 1: PROJECT OBJECTIVES 1.1. Introduction This section sets forth a general description of the objectives of this Agreement and the scope of services to be provided by M&E to the OWNER. These subjects are discussed in greater detail in the subsequent sections of this Agreement. In the event of any conflict between the provisions of this Section 1 and the provisions of subsequent sections of this Agreement, the provisions of such subsequent sections shall control. 1,2. Project Objectives ME shall work in direct support of the OWNER'S Project and shall use its best efforts to bring the OWNER'S wastewater treatment system into compliance with applicable discharge requirements and 2 /OG% =1'�e r to upgrade and expand the wastewater collection and treatment system for known and anticipated growth, and shall perform the following services: 1.2.1. Perform site evaluation and make recommendations for the new Sand Road Treatment Facility. 1.2.2. Prepare the Basic Project Development Report for all elements of the Project. 1.2.3. Prepare the Design Outlines Documents for all elements of the Project. 1.2.4. Prepare the Final Design for all the elements of Project. 1.2.5. Assist in architect -engineer and construction contractor tender and selection. 1.2.6. Assist in equipment and materials procurement. 1.2.7. Perform construction supervision, services and inspection. 1.2.8. Assist in system start-up, acceptance and certification. 1.2.9. Assist in system operations and maintenance during start-up. 1.3. The Project consists of the following elements: Element New Sand Road Treatment Facility Alteration and expansion of the existing treatment facility Description A new secondary treatment facility having a peak hourly capacity of 23.6 MGD Expansion to a peak hourly capacity of 68.4 MGD, new sludge dewatering facility, expansion of the administration area, remodeling of existing facilities 3 /OG7 University Heights 2600 feet of pipe consisting of 18 Interceptor Sewer and 21 -inch diameter pipe Northern portion 6800 feet of pipe consisting of 15 Southeast Interceptor to 21 -inch diameter pipe Lower portion 9200 feet of pipe consisting of 24 Southeast Interceptor and 60 -inch diameter pipe Sycamore Street 8400 feet of forcemain and gravity Extension sewer consisting of 27 -inch diameter pipe Lift Station A 20 MGD wet weather pumping station i 1.4. In performing its obligations hereunder, ME shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. j a. Discharge from employment or refuse to hire any individual because of his or her race, color, religion, sex, national origin, disability, age, martial status or sexual orientation. I b. Discriminate against any individual in terms, conditions, or privileges of employment because of his or her race, color, religion, sex, national origin, disability, age, marital status or sexual orientation. i SECTION 2: BASIC SERVICES OF M&E 2.1. General I I ME's basic professional services shall be rendered to encompass i the seven interrelated service areas described below (Sections 2.1.1 through 2.1.7), in connection with which ME shall provide professional project management and design services including, but not limited to, civil, structural, mechanical and electrical professional engineering services and architectural, soil testing 4 1047 t' and survey services incidental thereto and construction management services and other related services, all as set forth below. In accordance with the foregoing M&E shall: 2.1.1. Use its best efforts to ensure the timely completion of all administrative and technical requirements, as described herein, including identification and analyses of options and the formulation of recommendations thereon, and for the timely transmission to and review of documents and recommendations with the OWNER. 2.1.2. Establish a project management office in Iowa City (the "Project Management Office"). The Project Management Office shall: (i) be staffed to provide the day-to-day management of planning, design, surveying, procurement, construction, engineering during construction including construction inspection, and operator training required by this Agreement; (ii) be responsible for the administration and supervision of all design, procurement and construction contracts on behalf of the OWNER; (iii) be assisted by a staff of sufficient size and technical capability to administer the contracts, review and evaluate progress, and maintain a professional standard of quality through a quality assurance inspection and testing program; (iv) interpret contract drawings and specifications, review shop drawings, and conduct regularly scheduled review meetings with the OWNER, contractors, vendors and equipment suppliers; (v) evaluate samples and order such testing as necessary; and (vi) review and evaluate change order requests and payment requests, and make appropriate recommendations to the OWNER. /o6 7 -A r- 2.1.3. Establish and implement a computer -supported management system for the management of all aspects of this Agreement. This system shall be used to control and track schedules, resources, and cost accruals against critical Project requirements, to highlight critical issues, to plan cash flow, and to facilitate effective decision making at all levels. Network Flow Method scheduling shall be used to aid and document Project planning and management and to establish a master Project schedule. Schedule updating shall occur monthly and will be coordinated with a monthly progress report to the OWNER. 2.1.4. Maintain financial records, including all Project documentation and audit trails. 2.1.5. Establish channels and forms of communication and maintain a continual and comprehensive interface and exchange of information between M&E and the OWNER. M&E shall hold monthly meetings with, and provide monthly progress reports to, the OWNER. In addition, M&E shall maintain communications between state and federal regulatory agencies, the construction industry and other involved consultants. 2.1.6. Be responsible for providing technical input for the development of descriptive/graphic project materials in layman's terms to be published by the OWNER in the form of newsletters, tabloids, fact sheets, newspaper ads and announcements. M&E shall assist in the planning and provide a representative to attend public information seminars, workshops, meetings, and hearings as requested by the OWNER, for the presentation of Project specific technical information. 0 6 /067 t" 2.1.7 Prepare legal descriptions for all land purchases and tight -of -way acquisitions, including a description of the interest or interests to be acquired, and conduct all necessary topographic and foundation soil surveys, and inform the OWNER of all significant findings. Included in the topographic surveys shall be location of utilities from record drawings or as field located by utility companies. Excluded shall be any soil survey or subsurface exploration work relating to historical or archaeological sites or hazardous waste or materials. 2.2 BASIC PROJECT DEVELOPMENT Upon the execution of this Agreement, ME shall: 2.2.1. Consult with the OWNER to determine the requirements for the Project and review available data. 2.2.2. Evaluate the two potential treatment plant sites along or near Sand Road, giving consideration to the location, depth and costs of trunk sewers. M&E shall consult with the OWNER's staff and develop one conceptual multi -use recreational plan and buffer strip for each site. 2.2.3. Prepare a basic project development report for review and approval by the OWNER with appropriate exhibits indicating the design considerations involved, alternative processes, equipment, structural configuration and life cycle cost analyses and setting forth ME's findings and recommendations with respect to the Project scope, the initial Project budget and time for completion, and containing ME's plan for coordination and supervision of design and for coordination of construction (the "Basic Project Development Report"). 7 1647 r 2.3 DESIGN OUTLINE After approval by the OWNER of the Basic Project Development Report or written authorization from the OWNER to proceed with the Design Outline Phase, M&E shall: 2.3.1. Prepare and provide design outline documents consisting of preliminary sketches, design criteria, route selection, flow sheets and schematics, material and equipment lists, specification outlines and preliminary construction schedules (the "Design Outline Documents") for review and approval by the OWNER. 2.3.2. Use its best efforts to obtain: (i) the highest standards of plant reliability, operability and maintainability; (ii) conventional, proven, and energy efficient design, equipment, and construction; (iii) reasonable utilization of computers for process control and management information systems; and (iv) a wastewater treatment system that is designed so that it can be operated by Iowa Department of Water, Air and Waste Management certified and licensed operators in compliance with all applicable laws and regulations. 2.3.3. Make recommendations to the OWNER concerning: (i) subcontract design firm involvement and construction contract arrangements and scheduling that will be advantageous to the OWNER in terms of cost and timing; (ii) prequalification of design firms, constructors and suppliers; (iii) letting the work on the basis of one or more prime contracts; (iv) price provisions; and (v) approval of subcontractors and designers as authorized by the OWNER. The use of joint venture design firms will not be allowed. 8 `'Lk; t_. 2.3.4. Based on the information contained in the Design Outline Documents, submit an estimate of the cost for the Project. This estimate shall include construction costs, contingencies, compensation for all professionals and consultants including M&E, costs of land and rights-of-way acquisition, including compensation for damages to properties, and interest and i financing charges as estimated by the OWNER's financial i consultant. All of the foregoing are collectively referred to herein as "Project Costs". Based upon the Project Costs, M&E and the OWNER shall develop a revised budget (the "Project Budget"). The Project Budget will be adjusted as the result of i any modifications approved by the OWNER or any variation or change in the scope of work. ME and the OWNER agree that, although the Project Costs shall be made on the basis of M&E's i experience and shall represent M&E's professional judgment, ME f has no control over the cost of labor, materials, equipment or i general market conditions, and M&E, therefore, does not guarantee i that the actual cost of the Project will not vary from the Project Costs or the Project Budget. 2.3.5. Prepare design packages to accomplish the design of the Project, establish qualification and evaluation criteria for i subcontract design firms and, subject to the requirements of applicable law, prequalify local A-E consulting firms capable of i completing each of the design packages in a satisfactory and cost-efficient manner. W /OL7 2.3.6. Prepare 20 copies of the Design Outline Documents, design packages and list of prequalified firms, and present and review them in person with the OWNER. 2.4. FINAL DESIGN After approval by the OWNER of the Design Outline Documents or written authorization to proceed with the Final Design Phase, ME shall: 2.4.1. Complete the design of those project design elements assigned to M&E. 2.4.2. Solicit proposals from the firms that have been prequalified and approved in accordance with Sections 2.3.5 and 2.3.6. Evaluate all proposals, and after authorization from the OWNER, award and execute subcontracts for the design of remaining design packages, subject to the applicable laws and regulations. Following the award and execution of design subcontracts by M&E, M&E shall oversee, manage, and coordinate all design work and shall use its best efforts to assure that all design work performed by it, or by its design consultants pursuant to subcontract, is (1) technically adequate and in compliance with all applicable codes, laws, rules and regulations; (2) capable of being constructed; (3) of a quality that is generally accepted among professionals in the area of design specialty involved; (4) performed in a timely manner; and (5) capable of construction within the cost constraints set forth in the project budget. 2.4.3. Prepare for incorporation into the construction contract documents, specifications and final drawings 10 1W -t a -.41 t._ (hereinafter called "Drawings"), to show and describe the character and scope of work to be performed by contractors on the Project. 2.4.4. Maintain an updated schedule to be used to predict the impact upon the construction schedule due to changes in design, construction, financing, Project scope, or other variables. 2.4.5. Advise the OWNER concerning the preparation of purchase i orders, prepare material and equipment specifications, analyze vendors' proposals for items of material and equipment to be prepurchased by owner, and oversee the delivery of vendors' submittals and review such submittals for compliance with the information given in the purchase order and for coordination with j the rest of the Project. 2.4.6. Prepare, with the OWNER's assistance, such documents and design data as may be required for approval of the Project by the regulatory authorities having jurisdiction over design criteria and environmental impacts of the Project, and assist the OWNER in obtaining such approvals by submitting materials to, and negotiating with, appropriate regulatory agencies. 2.4.7. Monitor and advise the OWNER of any adjustments to the estimate of Project Costs caused by changes in scope, design requirements or construction costs. 2.4.8. Prepare for review and approval by OWNER, its legal counsel and other advisors, general conditions and supplementary conditions to M&E's General form of Contract Agreement for construction of project improvements, and (where applicable) bid forms, invitations to bid and instructions to bidders, and assist in the preparation of other bid related documents. �Ikl r - 2.4.9. Furnish to the OWNER five copies of the construction contract documents described in Section 2.4. and review them in person with the OWNER. 2.5 CONSTRUCTION CONTRACTS AND/OR EQUIPMENT PURCHASES After written authorization from the OWNER to proceed with the bidding or negotiation of each construction or procurement contract, M&E shall: 2.5.1. Assist the OWNER in securing bids for each contract for construction and/or furnishing materials and equipment and make recommendations as to the award by the OWNER of the same. All such contracts shall be awarded directly by the OWNER for the OWNER's own account. 2.5.2. On behalf of the OWNER, receive all inquiries from potential bidders, suppliers, and subcontractors, conduct necessary pre-bid meetings coordinate all appropriate responses and provide interpretations necessary to assist bidders. r' 2.5.3. Provide an original copy of the construction contract i documents to the OWNER for printing and binding for subsequent i distribution by M&E. 2.5.4. After consultation with the OWNER, determine the acceptability of subcontractors and other persons and organizations proposed by the prime contractor(s) for those portions of the work where such approval is required by the contract documents. 2.5.5. Determine the acceptability of substitute materials and equipment offered by the apparent low bidder when substitution i before award of the contract is allowed by the bidding documents. 12 /067 _A, r 2.5.6. In consultation with the OWNER, develop a plan for subcontracting portions of the construction inspection work to local firms, provided that: (1) such firms shall be acceptable to both M&E and the OWNER; (2) such subcontracts shall be authorized by the OWNER; (3) such subcontracts and the OWNER'S authorization shall not relieve M&E of its inspection responsibilities under this Agreement. 2.6 CONSTRUCTION MANAGEMENT During the construction of the Project M&E shall: 2.6.1. Consult with and advise the OWNER and manage and administer the construction contracts. All Of the OWNER's instructions to contractors will be issued through M&E. The prime contractors with whom the OWNER enters into contracts for construction of, and for furnishing of materials and equipment for, the Project are hereinafter referred to as "Contractor(s)". 2.6.2. Be responsible for all on-site inspections. The inspection effort shall be continuous when construction work is in progress, and, subject to the provisions hereof, ME shall use it best efforts to ensure that the progress and quality of the construction work is proceeding in accordance with the contract documents including, but not limited to, all construction plans and specifications, and to guard the OWNER against defects and deficiencies in the work of the Contractor(s). M&E shall report to the OWNER any apparent non -conforming work and make recommendations to the OWNER for its correction and, when authorized by the OWNER, instruct the Contractor(s) to carry out the acceptable corrective measures. ME shall maintain detailed 13 /067 =,A� t" records of the work. MaE shall maintain a daily dairy/log of all activities at the work site which may affect the timely prosecution of the work. The daily diary/log format shall include a record of the hours worked by contractors at each work site, a list of visiting inspectors and officials, daily activities, weather conditions, equipment on each site, decisions made, general observations and specific observations (e.g., test results). Copies of daily logs, inspection and testing reports shall be provided to the OWNER weekly. Additionally, construction photos shall be maintained to document construction progress. A series of photos shall be taken from the same vantage point on a weekly basis. Neither the OWNER, ME nor any subcontract firm providing assistance in on-site inspection shall be responsible: (i) for the means, methods, techniques or procedures of construction selected by any Contractors or subcontractors; or (ii) for safety precautions and programs incident to the work of the Contractors or subcontractors. ME and the OWNER may seek relief in the OWNER'S behalf for: (i) failure of any Contractor or subcontractor to comply with any law, ordinance, rule or regulation; (ii) the failure of any Contractor or subcontractor to comply with the contract documents; or (iii) any other act or omisson of any Contractor or subcontractor, all of which acts or omissions are the sole responsibility of the construction contractor. This provision shall not be construed to relieve ME from its obligation to use its best efforts to perform construction inspection and construction management services on behalf of the OWNER. 14 1047 2.6.3. Report in writing to the OWNER monthly on progress, costs and cost control, and advise contractor(s) of the OWNER's decisions on such matters. construction and 2.6.9. Schedule and conduct pre -construction, tings with the OWNER and Contractor(s) to weekly progress mee discuss such matters as proceduresprogress, problems, safety , and scheduling. MSE shall prepare and promptly distribute minutes. 2.6.5. Develop a schedule for, and coordinate the delivery an uipment, inspect materials and receipt of, major material and eq equipment as received for damage and compliance with the contract documents, report when delivery is later than scheduled, schedule or assembly supervisors, and the arrival of vendor's erection material and equipment for mechanical, inspect installed and for correct electrical, piping and instrument connections, rotation and lubrication. Subject to MSE's obligation do develop delivery, i a reasonable schedule of major material and equipment MSE shall not be responsible for the failure of any Contractor, subcontractor, supplier or other person to deliver materials or equipment as scheduled. 2.6.6. Update and maintain the Master Project Schedule for all major elements of the construction work, and submit the Master project Schedule to the OWNER for review and approval; coordinate the sequence of operations and other relationships among separate Contractor(s) and maintain liaison between the engineering -design firms, the subcontract firms providing assistance in on-site inspection, and the OWNER. 15 1W 2.6.7. Review shop drawings and samples, the results of test and inspections and other required submittals for conformance with the design concept of the Project and compliance with the information given in the contract documents; determine the acceptability of substitute materials and equipment proposed by Contractor(s); and receive and review (for general content as required by the Specifications) maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by Contractor(s) in accordance with the contract documents. 2.6.8. Issue all instructions of the OWNER to Contractor(s) and/or subcontract firms providing assistance in on-site inspection; prepare change orders as required; require such special inspection or testing as necessary to evaluate conformance of the work with the requirements of the contract documents and the performance thereunder by the parties thereto; assist the OWNER on all claims of Contractor(s) relating to the execution and progress of the work; and assist the OWNER in obtaining data and information from the Contractor(s) as required in the construction contract documents. 2.6.9. Based on the on-site inspections the review of Contractor(s) applications for payment and the accompanying data on the updated management schedule, determine the amounts owed to Contractor(s) and recommend in writing after consultation with the OWNER payments to Contractor(s) in such amount; such recommendations of payment will constitute a representation to the OWNER, based on such inspections and review, that the work 16 /647 =1A, t- has progressed to the point indicated and that the quality of the work is substantially in accordance with the contract documents (subject: (i) to an evaluation of the work as a functioning project upon Substantial Completion (as hereinafter defined); (ii) the results of any subsequent tests called for in the contract documents; and (iii) any qualifications stated in the recommendation of payment). By recommending any payment, ME shall not be deemed to have represented that it has made any examination to determine how or for what purposes any Contractor has used the moneys paid, or that title to any of Contractor(s) work, materials or equipment has passed to the OWNER free and clear of any lien, claims, security interests or encumbrances. 2.6.10. Conduct an inspection with the OWNER to determine if each contract is Substantially Completed (as hereinafter defined) and a final inspection with the OWNER to determine if each contract is Fully Completed (as hereinafter defined) substantially in accordance with the contract documents, and, if Contractors) have fulfilled all of their obligations thereunder, recommend, in writing, final approval by the OWNER. As used herein, the term "Substantially Completed" shall mean the completion of all work required by the contract documents with the exception of punch list or minor items, so that the OWNER can have the beneficial operation and use of the facilities with minimal interference from Contractor(s). As used herein, the term "Fully Completed" shall mean the completion of all of the work including punch list or minor items, in substantial compliance with the Contract Documents. 17 1067 =1'4, -A� 2.6.11. Prepare a set of reproducible mylar drawings showing those changes made during the construction process, based on marked -up prints, drawings and other data furnished to M&E by Contractor(s) and inspectors. 2.6.12. Assist the OWNER with supervision of operation and maintenance and change over of the existing facilities during construction to minimize disruption to the collection and treatment process. 2.7 OPERATIONS AND MAINTENANCE After Substantial Completion of each major construction contract, ME shall: 2.7.1. Review and evaluate the performance of all equipment and construction work after one year and after two years from the date of start-up. 2.7.2. Provide properly qualified and plant certified supervisory personnel to assist the OWNER in operating and maintaining the Existing Wastewater Treatment Facility, the new Sand Road Treatment Facility and the pumping station during the start-up period. 2.7.3. Provide the OWNER with an operations and maintenance manual for the new Sand Road Treatment Facility, the existing facility, and the pumping station. The operation and maintenance manual will include information on equipment warranties, indicating in general what defects are covered by the warranty and advising the OWNER of where the equipment was obtained, of the name and location of manufacturer, of the date upon which warranty begins, and of the name and location of the manufacturer's representative. 18 1067 t.. 2.7.4. Provide staff training during the start-up period; such training shall be based upon an initial needs assessment, and shall address the areas of safety, process control, preventive and corrective maintenance, chemical usage, energy usage, and supervisory and management techniques. 2.7.5. Assist OWNER in obtaining start-up data, and organize start-up data in report form and present it to regulatory agencies. Interface with the OWNER and regulatory agencies on all matters relative to the start-up, initial testing, permits operation, maintenance and discharge permit compliance and reporting, and assist the OWNER in obtaining approvals. 2.7.6. Provide a written report to the OWNER prior to the end of any contract or supplier warranty period containing information on any defects which should be covered by the warranty and advising the OWNER on how to accomplish remedial corrections. 2.7.7. Install a computer-based records and operational data management system which is specifically designed for wastewater treatment facilities and compatible with usage on IBM PC computers. This system shall produce all necessary documents for regulatory reporting as well as process control. 2.7.8. Working with the OWNER's maintenance personnel, install a computer-based maintenance management system which includes spare parts inventory control. SECTION 3: TIME OF COMPLETION M&E shall use its best efforts to complete each phase of this Project at the time identified on the Master Project Schedule. The initial Master Project Schedule shall be completed within 19 —Al thirty days from the date of this Agreement. The Master project Schedule shall be approved by the Owner and shall have as a goal Substantial Completion and operation of the treatment facilities by July 1, 1988. This project completion goal is dependent upon execution of this agreement by June 18, 1986. SECTION 4: PERIOD OF SERVICE 4.1. Subject to the provision of this Section 4, M&E's obligation to perform and render services hereunder shall continue for a period that is reasonably necessary for the design, award of contracts, construction, and operation and maintenance of the Project as provided in this Agreement. 4,2, M&E's obligations to perform and render service under the Basic project Development section of this Agreement shall terminate upon the OWNER'S approval of the Basic Project Development Report. 4.3. M&E's obligations to perform and render services under the Design Outline and Final Design section of this Agreement shall terminate upon the OWNER'S approval of final drawings and contract documents. perform and render services under 4,4. M&E's obligations to the Construction section of this Agreement shall commence upon the execution of the first prime contract for the Project and shall terminate upon M&E's approval of final payment on the last prime contract to be completed. 4.5. M&E's obligations to perform and render services under the Operations and Maintenance section of this Agreement shall commence upon Substantial Completion of each major construction contract and shall terminate two years from the date of start-up. 20 /067 4.6. ME shall have no liability in connection with services rendered under this agreement unless a claim is filed in writing with M&E within 15 years from the date of Substantial Completion as defined in Section 2.6.10. SECTION 5: THE OWNER'S OBLIGATIONS 5.1. The OWNER shall grant to ME such access to the OWNER'S records and wastewater facilities as M&E deems necessary to perform its obligations hereunder. 5.2• The OWNER shall forthwith designate in writing a person i to act as the OWNER'S representative (the "Owner's i Representative") with respect to the work to be performed by M&E hereunder and to facilitate the exchange of information. The I Owner's Representative shall have authority to act for and on I behalf of the OWNER, including, the authority to transmit instructions, to receive information and to transmit the OWNER'S Policies and decisions with respect to the materials, equipment, i elements, systems and services to be provided by M&E pursuant to this Agreement. ME shall be entitled to rely upon information, decisions and instructions given to it by the Owner's i Representative. 5.3. Whenever this Agreement requires the OWNER's approval and/or consent, such approval and/or consent shall not be unreasonably witheld or delayed. Without limiting the generality of the foregoing, within the time periods set forth below, the OWNER shall either: (i) provide M&E with a written approval of the materials submitted and a notice to proceed with the work described in the materials; or (ii) provide M&E with a written 21 1667 -1k; f-� statement explaining in reasonable detail the reason or reasons why the materials are not satisfactory to the OWNER. If the OWNER fails to respond within the time periods set forth below, the Master Project Schedule shall be modified to reflect the effect on the project completion date caused by such delay. Time Table For Response Item 1. Master Project Schedule 2. Basic Project Development Report 3. Design Outline 4. Final Design 5. Equipment Procurement Recommendations 6. A-E Contractor Selection Recommendations 7. Construction Contractor Selection Recommendations 8. All other submissions Time for Response 15 days from submission 20 days from submission 30 days from submission 90 days from submission 30 days from submission 30 days from submission 15 days from submission 10 days from submission 5.4. The OWNER, at its sole cost and expense, shall negotiate for and acquire all necessary land and rights-of-way. 5.5. The OWNER, at its sole cost and expense, shall acquire all federal, state and local licenses, permits and approvals necessary or desirable in connection with the Project. M&E shall assist the OWNER in this process as outlined in Section 2.4.6. 5.6. The OWNER shall pay to M&E all amounts due to M&E in accordance with the terms of this Agreement. 5.7. If the OWNER becomes aware of any defects in the project, it shall promptly notify M&E. SECTION 6: SUBCONTRACTED SERVICES M&E shall incorporate in the Project the use of design firms to assist with completion of the Project. Subcontracted design firms will be prequalified by M&E and approved by the OWNER. 22 /o4% r 6.1 Subcontracted design work shall constitute approximately 408 of the effort required to complete the Basic Project Development, Design Outline and Final Design. Pursuant to Section 2.3.5, design work considered for subcontract shall include but not be limited to the following: a. Land surveys and easement preparation required to obtain the new treatment plant site and interceptor sewer rights-of-way; b. Site and right-of-way topographic surveys; C. Soil surveys and geotechnical evaluations; d. Participation in preliminary designs of the new wastewater treatment plant; e. Final design of new wastewater treatment plant and interceptor sewers; f. Participation in the final design of the expansion and renovation of the existing wastewater treatment plant. 6.2. ME shall retain from subcontracted design firms approximately 708 of the effort required to perform on-site inspections of all facilities constructed as a part of the Project. SECTION 7: COMPENSATION FOR SERVICES 7.1. In addition to any other amounts that the OWNER is obligated to pay to M&E in accordance with the terms of this Agreement, and in consideration of the services rendered by ME 23 /047 r to the OWNER pursuant to this Agreement, the OWNER agrees to pay for services stated in this Agreement the following amounts to M&E: Project Management Fee $834,000 This fee will be prorated for the percent completion of M&E's work as estimated by M&E, recorded in the project management information system, and the percentage of payment due to M&E from time to time shall be approved by the OWNER'S representative which approval shall not be unreasonably withheld or delayed, and shall be paid monthly to M&E. This fee constitutes full compensation for all of the Project Managers time and M&E's risks in the performance of all aspects of this agreement. In addition, M&E will be reimbursed as follows: Direct labor salaries plus 1708 (Excluding Project Manager's time) i - Nonsalary expenses plus 108 Non -salary expenses include such typical expenses as cost of: transportation and subsistence; telephone usage; printing and reproduction; field office expenses; computer and word processing equipment usage; identifiable supplies; subcontracted charges; subcontracts for services such as surveys, subsurface investigations, subcontract design services, subcontract 24 ,047 -Al construction inspection services, testing by commercial laboratories and charges by reviewing authorities. 7.2 The total compensation for the scope of services described herein including the Project Management fee will not exceed $9,716,000 without prior written authorization from the OWNER. The estimated fee for the work tasks covered by this agreement is as follows: Basic Project Development $76,000 Design Outline $222,000 Final Design $2,279,000 Equipment Procurement $,000 Bidding/Negotiating $2200,000 $1, Construction Management ,000 $95 Operations and Maintenance $95,000 Fees for all services will be invoiced on a monthly basis. The monthly invoices will be accompanied by a progress report which will include the status of physical percent complete of all tasks as compared to costs to date. Payment on all invoices will be due within 30 days from receipt by the OWNER and shall be paid monthly to M&E. If the OWNER fails to pay any amount due to M&E within sixty (60) days from the date when due, M&E may notify the OWNER of its intent to suspend its services (hereinafter a "Suspension Notice"). If the OWNER fails to pay all amounts due to M&E within thirty (30) days of the OWNER's receipt of the Suspension Notice, M&E may suspend its services until it has been paid all amounts due. If the OWNER wrongfully fails to pay any amount due to M&E within thirty (30) days from the date when due, all amounts wrongfully withheld shall be increased by an amount 25 'T i /oG 7 -14 r equal to 1% per month, or portion thereof, for which said payment is delinquent. 7.3 If during the term of this Agreement any condition develops which, at the time of the execution hereof, could not reasonably be foreseen by the parties hereto, and such condition materially alters the extent of the services M&E must perform to accomplish the objectives of this Agreement, the amount due to M&E shall be equitably adjusted to reflect such condition. SECTION 8: CHANGE IN SCOPE OF WORK OR SCHEDULE 8.1. If the OWNER requests that M&E perform work that is outside the scope of this Agreement, or if the OWNER requests that M&E alter work that is fully or partially completed (the above-described work is hereinafter called "Extra Work"), M&E shall promptly, before undertaking such work, notify the OWNER of any increase in the amount due from the OWNER to M&E as a result of such Extra Work (the "Extra Payment"). Such notice shall include reasonably detailed information on the estimated cost and quantity of all labor and material necessary to complete the Extra Work, the fair rental of machinery, and any additional insurance premiums due on account of the Extra Work. The Extra Payment shall include an amount to reasonably compensate M&E for its overhead and use of capital, and shall include a reasonable profit. 8,2. If during the Project the Master Program Schedule is altered so that the date for Substantial Completion is scheduled 1991, M&E and the OWNER shall to occur after January 1, renegotiate the payment amounts set forth in Section 7 to 26 t- equitably compensate M&E for any increase in the cost to M&E of completing the Project on account of such revised schedule. This section shall apply specifically to the Construction Management services provided under Section 2.6 for the Upper Reach of the Southeast Interceptor, University Heights Interceptor and limited portion of the Southeast Interceptor running to the Fairmeadows Pumping Station and any other construction related to the Project deemed necessary by the OWNER. SECTION 9: DISPUTE RESOLUTION 9.1. All claims, counterclaims, disputes and other matters in question between M&E and the OWNER arising out of or relating to this Agreement or breach hereof will be decided by arbitration if the parties mutually agree, or otherwise in a court of competent jurisdiction. 9.2. in any case in which M&E and the OWNER mutually agree to submit a matter to arbitration, such arbitration shall be conducted pursuant to applicable statutes of the State of Iowa at the time in effect and, to the extent permitted by said statutes, in accordance with the Commercial Arbitration Rules at the time in effect of the American Arbitration Association. The party desiring such arbitration shall give notice to that effect to the other party and shall in such notice appoint as one of the arbitrators a disinterested person of recognized competence having at least ten (10) years experience in the field involved. Within ten (10) days thereafter, the other party shall by notice to the original party appoint as an arbitrator a second 27 1 =A� disinterested person of recognized competence having at least ten (10) years experience in such field. The arbitrators thus appointed shall appoint as a third arbitrator a disinterested person of recognized competence and having at least ten (10) years experience in such field, and such three arbitrators shall as promptly as possible determine such matter, provided that, if the second arbitrator is not appointed as aforesaid, the matter shall be decided by the first arbitrator. M&E and the OWNER shall be entitled to present evidence to the arbitrators or abritrator, as the case may be. The decision of the arbitrators or arbitrator shall be in writing and shall be final and binding upon M&E and the OWNER, and judgment thereon may be entered in any court of competent jurisdiction. The fees and expenses of the arbitrators shall be divided equally between M&E and the OWNER, provided, however, that if the arbitrators determine that either party has acted in bad faith in referring any matter to arbitration or in the conduct of arbitration, the arbitrators may, to the extent permitted by law, assess the party acting to bad faith with more than one-half of the fees and expenses of the arbitrators and all or a portion of the other party's expenses, including attorneys' fees. SECTION 10: UNCONTROLLABLE EVENTS 10.1. If M&E is delayed or prevented from fulfilling any of its obligations hereunder, or if the completion of any work required hereunder is prevented or delayed as a result of: (i) any Uncontrollable Event (as defined below); (ii) any act or omission of the OWNER, its agents or employees; (iii) damage or destruction by fire or other casualty, the time to complete such 28 1W =l� r work and fulfill such obligations shall be extended for such period of time as is necessary to resolve the cause of such delay. 10.2. If there occurs an Uncontrollable Event (as defined below), MSE shall, as soon as practicable, notify the OWNER of such event and describe the effect of such event upon the Project. ME and the OWNER shall, within ten (10) days after such notice, consult regarding what action should be taken. 10.3. If there is a Uncontrollable Event MSE shall, unless otherwise directed by the OWNER in writing, continue to perform its duties under this Agreement as far as is reasonably practicable. 10.9. ME shall be entitled to payment of reasonable costs it incurs as a result of an Uncontrollable Event. 10.5. If ME's inability to perform by reason of an Uncontrollable Event lasts for more than Anety (90) days after notice has been given to the OWNER, either party may, by seven (7) days written notice to the other party, terminate this Agreement, and ME shall be entitled to any sums to which it would be entitled in case of termination of this Agreement as set forth in Section 12.1 hereof. 10.6. As used herein, the term "Uncontrollable Event" means any event or condition, whether affecting the wastewater facilities, ME or the OWNER, which has had or may reasonably be expected to have an adverse effect on the rights or obligations of any one or more of the parties to this Agreement or an adverse effect on the wastewater facilities (or any essential component thereof), or 29 /067 -t a T_. the acquistions, designs, construction, equipping, operation, owenrship or use of the facilities, if such event or condition is beyond the reasonable control of the party (the "Non -Performing Party") relying thereon as justification for not performing an obligation or complying with any condition required of such party under this Agreement. Such acts of events shall include, but are not limited to, the following: (a) an act of God (except normal weather conditions for the geographic area of the facilities to which reference is not specifically made herein), epidemic, landslide, lightning, earthquake, fire, explosion, flood or any similar occurence, an act of public enemy, war, blockade, insurrection, riot, general arrest, or restraint of government and people, civil disturbance or any similar occurrence; b) the order or ( judgment of any federal, state, local or foreign court, administrative agency or governmental officer or body, if such order or judgment is not also the result of the willful action or failure to act of the Non -Performing Party, i provided that the contesting or non -contesting in good faith of any such order or judgment shall not cnstitute or be construed as a willful action of such party; (c) the suspension, termination, interruption, denial or failure of renewal of any permit, license, consent, authorization or approval necessary to the construction, operation or maintenance of the facilities, if such act or event is not also the result of the willful action or failure to act of the Non - Performing Party, provided that the contesting or non -contesting 30 in good faith or any such suspension, termination, interruption, denial or failure to renew shall not be construed as a willful action of such party; (d) any strike, lockout, work slowdown or stoppage, or similar industrial disturbance; (e) delays of contractors, subcontractors or suppliers which could not be foreseen or reasonably provided against. SECTION 11: REPRESENTATIONS AND WARRANTIES 11.1. Re resentations and Warranties of the OWNER The OWNER represents and warrants to N&E as follows: (a) The OWNER is a municipal corporation under the laws of the State of Iowa, with full legal right, power and authority to s, enter into the perform its obligations under this Agreement. (b) The OWNER has duly authorized the execution and delivery of this Agreement and this Agreement has been duly executed and ' delivered by the OWNER and constitutes a legal, valid and binding t obligation of the OWNER, enforceable against the OWNER in E accordance with its terms. (c) Neither the execution and delivery by the OWNER of this i Agreement, nor the performance by the OWNER of its obligations in connection with the transactions contempleted hereby or the fulfillment by the OWNER of the terms or conditions hereof (i) E conflicts with, violates or results in a breach of any constitution, law or governmental regulation applicable to the OWNER, (ii) conflicts with, violates or results in a breach of any term or condition of any judgment or decree, or any agreement 31 1047 or instrument, to which the OWNER is a party or by which the OWNER or any of its revenues, properties or assets are bound, or constitutes a default thereunder or (iii) will result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the properties or assets of the OWNER. (d) No approval, authorization, order or consent of, declaration, registration or filing with, any governmental authority is required for the valid execution and delivery of this Agreement by the OWNER except such as have been duly obtained or made. (e) There is no action, suit or proceeding, at law or in equity, before or by any court or governmental authority, pending, or, to the best of the OWNER'S knowledge, threatened, wherein an unfavorable decision, ruling or finding would adversely affect the performance by the OWNER of its obligations hereunder or in connection with the other transactions comtempleted hereby or which, in any way, would adversely affect the validity on enforceability of this Agreement or any agreement or instrument entered into by the OWNER in connection with the transactions contemplated hereby. 11.2. Representation and Warranties of ME M&E represents and warrants to the OWNER as follows: (a) ME is a corporation under the laws of the State of Delaware, with full legal right, power, and authority to enter into and perform its obligations under this Agreement. 32 /067 Mi r- (b) M&E has duly authorized the execution and delivery of this Agreement and this Agreement has been duly executed and delivered by ME and constitutes a legal, valid and binding obligation of M&E, enforceable against M&E in accordance with its terms. (c) Neither the execution and delivery by M&E of this Agreement, nor the performance by M&E of its obligations in connection with the transactions comtemplated hereby or the fulfillment by M&E of the terms or conditions hereof (i) conflicts with, violates or results in a breach of any constitution, law or governmental regulation applicable to M&E, (ii) conflicts with, violates or results in a breach of any term or conditon of any judgment or decree, or any agreement or f, instrument, to which M&E is a party or by which M&E or any of its revenues, properties or assests are bound, or constitutes a default thereunder or (iii) will result in the creation or i, imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the properties or assets of M&E. i (d) No approval, authorization, order or consent of, declaration, registration or filing with, any governmental authority is required for the valid execution and delivery o this Agreement by M&E, except such as have been duly obtained or made. (e) There is no action, suit or prceeding, at law or in equity, before or by any court or governmental authority, pending, or, to the best of M&E's knowledge, threatened against M&E, wherein an unfavorable decision, ruling or finding would adversely affect the performance by ME of its obligations i 33 /o67 r, hereunder or in connection with the other transactions contemplated hereby or which, in any way, would adversely affect the validity or enforceability of this Agreement or any agreement or instrument entered into by the M&E in connection with the transactions contemplated hereby. SECTION 12: GENERAL TERMS 12.1. The OWNER may terminate this Agreement upon seven (7) days written notice to M&E. Upon such termination, the OWNER shall forthwith pay M&E for all costs and fees incurred in 4 connection with the Project up to the time of termination j including, without limitation, demobilization costs and costs o termination of subcontracts, provided however, that such sums shall not exceed the total of the amounts listed in Section 7 of this Agreeemnt. If the OWNER and M&E are unable to agree on a i reasonable cost of management services to be paid by the OWNER to M&E in the event of such termination, either party may submit the matter to arbitration as described in Section 9. 12.2. M&E shall designate in writing the Project Manager and an i i officer of M&E as the designated representatives. The OWNER shall approve of the designated Project Manager. i 12.3. This Agreement shall be binding upon, and enure to the benefit of, the successors and the assigns of the parties hereto, provided, however, that neither party may assign this Agreement I without the written consent of the other party. 39 /047 01 _A� r - 12.4. ME shall defend, indemnify, exonerate and hold harmless the OWNER, its officers, employees and subcontractor, from and against any liability or claim of damages asserted by third parties and arising out of the negligent acts, errors, or omissions of M&E, its employees or agents. 12.5. The OWNER shall defend, indemnify, exonerate and hold ME harmless from and against any liability or claim of damages asserted by third parties and arising out of the act of negligent acts, errors or omissions of the OWNER, its agents or employees. 12.6 It is understood and agreed that the retention of M&E by i the OWNER for the services described herein shall be exclusive. 12.7. The OWNER shall make all records and files pertaining to information needed for the Project available upon reasonable i request by M&E. The OWNER agrees to furnish all necessary assistance in the use of these records and files. I 12.8. Neither party to this Agreement shall perform its duties hereunder contrary to the State, Federal, or County law or any of the ordinances of the City of Iowa City, Iowa. 12.9. ME shall attend such meetings of the City Council of Iowa City relative to the work set forth in this Agreement as may be reasonably requested by the OWNER. The OWNER shall give ME reasonable advance notice of such meetings. 12.10. Upon termination of this Agreement and/or at anytime upon demand by the OWNER, and without cost to the OWNER, M&E shall provide the OWNER with copies of all basic notes and sketches, charts, computations, correspondence, and any other data owned by 35 /047 r- ME and prepared or obtained by M&E or a subcontracted design firm pursuant to this Agreement, without restriction or limitation as to the use relative to specific projects covered under this Agreement. ME makes no representation or warranty, implied or otherwise, as to the suitability of such materials for work other than the Project, or for their use on any extension of the Project, and ME shall not be liable for the use of such documents on other projects or on any extension or modification of the Project. 12.11. ME agrees to furnish all reports and/or drawings with the seal of a professional engineer or architect thereto or such seal as required by law. 12.12. The OWNER agrees to pay to ME all fees and money in accordance with the schedules in Section 7 of this Agreement. in the event of failure by ME to satisfactorily perform in accordance with this Agreement, the OWNER will provide M&E ` written notice of its failure. Failure of M&E to correct the 4 problem within 15 days of such notice shall constitute grounds for the OWNER to withhold payment of an amount sufficient to remedy such failure, provided, however, that the OWNER shall forthwith pay such amount to ME if ME corrects such failure. 12.13. Should any section of this Agreement be found invalid, such invalidity shall not affect the remaining portion of this { Agreement, which sections shall remain in full force and effect as if the invalid section was never a part of this Agreement. I I 36 /067 01 -A; r 12.14. Original contract drawings shall become the property of the OWNER. original contract drawings shall be mylar reproducible originals. ME shall be allowed to keep mylar reproducible copies. 12.15. Each party agrees to execute and deliver any instruments and to perform any acts that may be necessary or reasonably requested by the other party to give full effect to this Agreement. 12.16. All representations, warranties and agreements in this Agreement shall be deemed special, unique and extraordinary and any breach of any provision thereof by any party shall be deemed to cause the other irreparable injury not properly compensable by damages in an action at law, and the rights and remedies of any j. party hereunder may therefore be enforced both at law or in equity, by injunction or otherwise. All rights and remedies of each party shall be cumulative and not alternative, in addition to and not exclusive to any other right or remedy to which such party may be lawfully entitled in case of any breach or threatened breach of any term or provision herein, except as otherwise expressly provided herein; the rights and remedies of each party shall be continuing and not exhausted by any one or more uses thereof, and may be execised at any time or from time to time and as often as may be expedient; any option or election to enforce any such right or remedy may be exercised or changed at any time or from time to time. 12.17. This Agreement represents the entire and integrated agreement between the parties hereto and supercedes all prior 37 /067 =lJ negotiations and agreements, written or oral. This Agreement may be amended only by a written instrument signed by the parties hereto. 12.18. This Agreement shall be governed according to the internal laws, and not the laws of conflict, of the State of Iowa. 12.19. All notices, consents, approvals and other communications required, permitted or otherwise given under this Agreement shall be delivered by hand or registered or certified mail, return receipt requested, postage or registration charges prepaid, addressed as follows: OWNER City of Iowa City Metcalf & Eddy, Inc. Civic Center 85 W. Algonquin Road 410 E. Washington St. Arlington Heights, IL 60005 Iowa City, Iowa 52240 Either party may, by notice to the other, designate another address which thereupon shall become the effective address for the purposes of this section. All notices, consents, approvals and other communicatons given as described above shall be deemed to have been given three (3) business days after mailing, in the case of registered or certified mail, or, if by hand delivery, upon delivery. 12.20. As used in this Agreement, the term "best efforts" shall require M&E to act with the high degree of prudence and diligence held by a Professional Engineer or Architect engaged in design, construction management and operation of wastewater treatment facilities. 38 /o4% r- 12.21. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement nor have any of the above been applied by any party to this Agrrement. 12,22, insurance Coverage M&E will carry the following insurance with respect the services it performs for the duration of this Agreemea nt. 1, Workers' Compensation as required by the general laws of Iowa. lity insurance with limits of $1,000,000 each 2. Public Liabi dental death occurrence for bodily injury including acci and limits of $1,000,000 each occurrence and in the aggregate for property damage. 3, Automobile Liability insurance covering the operations of all motor vehicles owned, leased, hired, or used by the Engineer in the furtherance of this Agreement with limits of $1,000,000 each person, $1,000,000 each occurrence for bodily injury, and $1,000,000 each occurrence for property damage. against 4, professional Liability Insurance for protection claims arising out of performance of services under this Agreement and caused by any errors or omissions of the insured in the amount of $4,716,000. 5. M&E shall furnish, prior to the commencement of work under this Agreement, certificates of insurance evidencing Workers' Compensation, and the Public and Automobile Liability coverage required. 39 /0`7 -I r 6. M&E and the OWNER hereby agree mutually to waiver any rights which each may have against the other with respect to subrogation under any policy of insurance relating to the services of work provided under this Agreement. Executed as a sealed instrument on the day and year first written above. THE CITY OF IOWA CITY: ATTEST: CITY CLERK METCALF & EDDY, INC. By: A4 X— 40 1647 ------------------ A; State of Iowa ) ) SS: County of Johnson ) On this /rL day of June, 1986, before me, a Notary Public in and for the State of Iowa, personally appeared William Ambrisco and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa, an Iowa municipal corporation; that the seal affixed to the foregoing Agreement is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council and William Ambrisco and Marian K. Karr, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said City by it and by them voluntarily i executed. Given under my hand and seal of office, this 1/4 day of June, 1986. f (SEAL) N ary Public r �DORjsj.DeMARCE i I dA, CERTIFICATE OF ASSISTANT SECRETARY I, Efthalia C. Baker, hereby certify that I am the Assistant Secretary of Metcalf & Eddy, Inc., a Delaware Corporation, and that the following resolution was duly adopted at a meeting of the Board of Directors of the said Corporation held in Wakefield, Massachusetts, on June 2, 1986, at which a quorum was present and voting throughout: RESOLVED: That any officer of this Corporation, or other designated employees, except where otherwise required by law, be, and each of them is, hereby authorized to sign and deliver and, if and as appropriate, affix the corporate seal to and acknow- ledge any proposal or contract with any individual, partnership, corporation, association, government or any subdivision or agency of any government for the performance of professional services by this Corpor- ation or incidental to or related to the performance of any such services. I, further certify that the foregoing resolution has not been modified or rescinded and remains in full force and effect on this 13th day of June 1986. I, further certify that the present Officers of Metcalf & Eddy, Inc. mentioned in the foregoing resolution are as follows: Chairman of The Board President & CEO Executive Vice President Regional Vice Presidents Senior Lice Presidents Benjamin M. Rawls George K. Tozer Russell C. Holt A. Gary Alstot Robert G. Bening John Dedyo William L. Durham Robert J. Maxman Ben Taguchi Jekabs P. Vittands John G. Chalas Arthur R. Nicholson, Jr. John Podger /W -f a =l� I - 2 - CERTIFICATE (CONT'D) Vice President --r r- I - 2 - CERTIFICATE (CONT'D) Vice President & General Manager/ Privatization Philip D. Giantris Vice President & General Manager/ Program Management Henry F. Cygan, Jr. Vice President & General Manager/ Chemical Waste Management Robert C. Petersen Vice President & General Manager/ Contract Operations & 0&M Winfield A. Peterson, III Vice President/Director of Marketing Philip D. Giantris Vice Presidents James Anderson John H. Arthur Richard L. Ball, Jr. Thomas G. Baxter George A. Bicker Stephen L. Bishop George C. Bottger David P. Bova Ibrahim Elsammak George P. Fulton Allen F. Goulart Eugene S. Grafton Richard D. Howard John A. Lager Joseph P. Madden Charles E. Pound Associates Olivia L. Chen Neville K. Chung Terence P. Driscoll Edward M. Greco Richard C. Sperandio Others Ranjit K. Advani John D. Bonomo Richard W. Corneille Lawrence P. Jaworski James M. Osborn John F. Shawcross r -- -3- CERTIFICATE (CONT'D) =1J, WITNESS MY HAND and the seal of Metcalf & Eddy, Inc., this 13th day of June 1986. sistant Secretary t- 9 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND METCALF & EDDY, INC. FOR PROFESSIONAL ENGINEERING AND PROJECT MANAGEMENT SERVICES THIS IS Aty AGREEMENT made and ent ed into this day of , 1986 by and between the City of Iowa City, a municipal corporation hereinafter referred to as OWNER) and Metcalf & Eddy, nc., a laware corporation (hereinafter referred to as E). WHEREAS, the OWNER in ds to engage M&E to perform professional project manageme rvices in connection with a project known as IOWA CITY STEWA R FACILITY IMPROVEMENTS. WHEREAS, the OWNE is commi ted to treating the wastewater flows from wi in the Iowa ity limits and from University Heights. A the present tim wastewater is transported by a seri s of lift stations, force mains and gravity lines to a centrally located treatment fac 1ity, where both domestic and indus Tial waste flows are treated. However, the existing facility/ does not satisfy the needs of the community. WHEREAS{ the population in Iowa City has been steadily increasing over/the past 10 to 20 years taxing the existing treatment facility in recent years. Because of this increase in population, the existing facility does not consistently meet its discharge requirements. Mandatory compliance with discharge requirements will be necessary by July 1, 1988. This, coupled 1 /GG? -i -A' with the knowledge that Iowa City will continue to grow, necessitates design, construction, and operation of the improvements recommended in the Metcalf & Eddy Phase III Report, Alternative 11, dated September 2, 1985 (hereinafter referred to as the Project). NOW, THEREFORE, for thmutual promises herein contained and other valuable considera ion, it is hereby agreed by and between the parties hereto that the OWNER does contract with M&E to v provide services as set fort herein acco ing to the terms of this Agreement. Such contract for services will be subject to the following terms, conditions nd s ipulations, to -wit: SECTION 1: PROJECT OBJECTIVES 1.1. Introduction This section sets forth a gene al de ription of the objectives of this Agreement and the'sc a of ser ices to be provided by M&E to the OWNER. These subje s are discus ed in greater detail in the subsequent sections this Agreement. In the event of any conflict between the pr visions of this Section 1 and the provisions of subsequ nt sections of this Agreement, the provisions of such s bsequent sections shall control. 1.2. Proiect nh4.-�:..-_ M6E shall work in direct support of the OWNER'S Project and shall use its best efforts to bring the OWNER'S wastewater treatment system into compliance with applicable discharge requirements and to upgrade and expand the wastewater collection and treatment system for known and anticipated growth, and shall perform the following services: E /4067 1.2.1. Perform site evaluation and make recommendations for the new Sand Road Treatment Facility. 1.2.2, Prepare the Basic Project Development Report for all elements of the Project. 1.2.3. Prepare the Design outlines Documents for all elements of the Project. 1.2.4. Pje�par the Final Design for al the elements of Project. 1.2.5. Assist ip architect-enginee and construction contractor tender a\nselection. 1.2.6. Assist in eq dpment an materials procurement. 1,2,7. Perform constru tion upervision, services and inspection. 1,2,8. Assist in system to t -up, acceptance and certification. 1.2,9. Assist in sys m operat ons and maintenance during start-up. 1.3. The Projec consists of th following elements: 3 /Oi Lower portion Southeast Interceptor Sycamore Street Extension Lift Station 1.4• In performi commit any of the foll prohibit the following 1200 feet of pipe consisting of 24 and 60 -inch diameter pipe 8400 feet of forcemain and gravity sewer consisting of 27 -inch diameter pipe A 20 MGD wet weather pumping station its obligations hereunder, M&E shall not \Pactices g employment practices and agrees to in any su contracts. a. Discharge from empl ment or refuse to hire any individual because o his o her race, color, sex, national origin, dis ility, age, color,lrstatus or sexual orientation. Sion, b. Discriminate against a conditions individual in terms, or her race, color, on of employment because of his disability, age, ma italgs at useor sexualaorientation. 2,1, General M&E's basic professional services shall b the seven interrelit ed servicrendered to encompass e areas descr'bed below (Sections 2.1.1 through 2,1, in connection with wh-ch M&E shall provide professional proje management and design 9 s rvices including, but not limited to, civil, structural, mechanical and electrical professional engineering services and architectural, soil testing and survey services incidental thereto and construction management services and other related services, all as set forth below. In accordance with the foregoing M&E shall; 4 /017 2.1.1. Use its best efforts to ensure the timely completion of all administrative and technical requirements,/asdesc,ibed herein, including identification and analyses s and the formulation of recommendations thereon, and foely transmission to and review of documents and reions with the OWNER. 2.1.2. Establish a pro e t management ffice in Iowa City (the "Project Management Office")\.\ The Pro' ct Management Office shall: (i) be staffed to pro- de th day-to-day management of planning, design, surveying, pro u ement, construction, engineering during construction n luding construction inspection, and operator train ng re uired by this Agreement; (ii) be responsible for the dministr ion and supervision of all design, procurement and cc struction cc racts on behalf of the OWNER; (iii) be assisted/ by a staff of su icient size and technical capability tq administer the cont acts, review and evaluate progress, and/ maintain a profession 1 standard of quality through a g/dality assurance inspection and testing program; (iv) intefpret contract drawings and s ecifications, i review shop drawl�Ijgs, and conduct regularly scheduled review meetings with the OWNER, contractors, vendors and equipment suppliers; (v) evaluate samples and order such testing as necessary; and (vi) review and evaluate change order requests and payment requests, and make appropriate recommendations to the OWNER. 5 101% r- 2.1.3. Establish and implement a computer -supported management ement of all aspects of this Agreement. This system for the manag and track schedules, resources, system shall be used to control a and cost accruals against critical Project requirements, to highlight critical issues, to plan cash flow /and to facilitate effective decision\ making at all levels. etwork Flow Method scheduling shall be used to aid and docu ent Project planning and management and to establish a master P oject schedule. Schedule thly and wi be coordinated with a updating shall occur mon monthly progress report to th= OWN R• 2.1.4• Maintain financial eco as, including all Project documentation and audit trail d forms of communication and 2.1.5. Establish channels maintain a continual and co prehe sive interface and exchange of the 0 R. MsF shall hold monthly information between M6E a orts to, the meetings with, and provi a monthly pr gress rep OWNER. In addition, M&E shall maintain ommunications between industry state and federal reg atory agencies, t e construction and other involved c sultants• techn'cal input for the 2.1.6. Be respons' le for providing development project materials in layman's of desc iptive/graph terms to be publish d by the OWNER in the form of newsletters, tabloids, fact sheets, newspaper ads and announcements. MaE shall assist in the planning and provide a representative to attend public information seminars, workshops, meetings, and hearings as requested by the OWNER, for the presentation of project specific technical information. 2 -"1 2.1.7 Prepare legal descriptions for all land purchases and right-of-way acquisitions, including a description of the interest or interests to be acquired, and conduct all necessary topographic and eefoundation soil surveys, and inform the OWNER of bi all significant ndings. Included in the to surveys shall be location \f utilities from record draw' / 9s or as field located by utility companies. Excluded shall a any soil survey or subsurface exploration work relating to istorical or archaeological sites or hazardous waste materials. 2.2 BASIC PROJECT DEVELOPMENT Upon the execution of this Agreement M&E shall: 2.2.1• Consult with the OWNER to etermine the requirements for the Project and review available, ata. 2.2.2• Evaluate the two or near Sand Road, giving and costs of trunk sewers, staff and develop one conc buffer strip for each si e 2.2 3 P ial treatment plant sites along eraation to the location, depth shal\Consult with the OWNER's multiuse recreational plan and repare a bas' project developm nt report for review and approval by the 0 ER with appropriate xhibits indicating the design considera ions involved, alternat ve processes, equipment, structura configuration and life c cle cost analyses and setting forth M&E's findings and recommendations with respect to the Project scope, the initial Project budget and time for completion, and containing ME's plan for coordination and supervision of design and for coordination of construction (the "Basic Project Development Report"). 7 /O6' `Al 2.3 DESIGN After approval by the OWNER of the Basic Project Development Report or written authorization from the OWNER to proceed with the Design OutAne Phase, M&E shall: provide design outline documents consisting 2.3.1. Preparend teria, route selection, flow of preliminary sketches, design cri sheets and schematic s, material and equipment lists, const uction schedules specification outliness\and preliminary royal by the (the "Design Outline DocumKee for nevi and app OWNER. 2.3.2. Use its best effoobt n: (i) the highest OP ability and maintainability; standards of plant reliabi P (ii) conventional, proven, ergy efficient design, equipment, and constructii) reasonable utilization of computers for process cond management information systems; tem that is designed so that and (iv) a wastewater tresYit can be operated by Iotmen of Water, Air and Waste Management certified a ed ope ators in compliance with all applicable laws a d rions.2.3.3. Make recom ndationso the 0 R concerning: (i) subcontract design firm involvement and c nstructiocontract arrangements and s heduling that will be a vantageous to the (i i) pre uglification of OWNER in terms of cost and timing; design firms, constructors and suppliers; (iii) letting the work on the basis of one or more prime contracts; (iv) price provisions; and (v) approval of subcontractors and designers as authorized by the OWNER. The use of joint venture design firms will not be allowed. Q 2.3.4. Based on the information contained in the Design Outline Documents, submit an estimate of the cost for the Project. This estimate shall include construction costs, contingencies, compensation for all professionals and consultants including MSE, costs of land and rights-of-way acquisition, including compensation for damages to properties, and interest and financing charges as estimated by the OWNER's financial consultant. All of the lforegoing are collectively referred to herein as "Project Costs" Based upon the roject Costs, ME and the OWNER shall develop a r ised budget the "Project Budget"). The Project Budget any modifications approved by be justed as the result of WWRR or any variation or change in the scope of work. MSE d the OWNER agree that, although the Project Costs shall a ade on the basis of MSE's experience and shall represent SE's ofessional judgment, MSE has no control over the cost f labor, aterials, equipment or general market conditions, d MSE, there ore, does not guarantee that the actual cast of t Project will no vary from the Project Costs or the Pro ect Budget. 2.3.5. Prepare desi packages to accomplish the design of the Project, establish qu lification and evaluation criteria for subcontract design rms and, subject to the requirements of applicable law, pre ualify local A-E consulting firms capable of completing each of the design packages in a satisfactory and cost-efficient manner. 9 ,067 -A, 2.3.6. Prepare 20 copies of the Design Outline Documents, design packages and list of prequalified firms, and present and review them in person with the OWNER. 2.4. FINAL DESIGN After approval by the OWNER of the Design Outline Documents or written authorization to proceed with the Finals Design Phase, ME shall: <' / 2.4.1. Complet the design of those pr ject design elements assigned to M&E. 2.4.2. Solicit proposals from the irms that have been prequalified and approvhd in accor ance with Sections 2.3.5 and ls, nd after authorization from the ;o tracts for the design of remaining e applicable laws and aw d and execution of design 11 o ersee, manage, and coordinate all design work and sh 1 use its est efforts to assure that all 2.3.6. Evaluate all prop s OWNER, award and execute su design packages, subject to regulations. Following th subcontracts by M&E, M&E sh design work performed by it, or by its design consultants pursuant to subcont act, is (1) technically adequate and in compliance with al applicable codes, laws, rules and regulations; (2) apable of being constructed; (3) of a quality that is generally accepted among professionals in the area of design specialty involved; (4) performed in a timely manner; and (5) capable of construction within the cost constraints set forth in the project budget. 2.4.3. Prepare for incorporation into the construction contract documents, specifications and final drawings 010 /&% r- (hereinafter called "Drawings"), to show and describe the character and scope of work to be performed by contractors on the Project. 2.4.4. Maintain an updated schedule to be used to predict the impact upon the construction schedule due to changes in design, i construction, finadicing, Project scope, or other variables. 2.4.5. Advise the OWNER concerning the pr/eparation of purchase orders, prepare materi 1 and equipment specifications, analyze vendors' proposals for i ms of material and equipment to be prepurchased by owner, and versee th delivery of vendors' submittals and review such V s for compliance with the information given in the puder and for coordination with the rest of the Project. 2.4.6. Prepare, with the 0 NER\changes stance, such documents and design data as may be r uirepproval of the Project by the regulatory authoritie havingiction over design criteria and environment 1 impacte Project, and assist the OWNER in obtaining sur approvalsmitting materials to, and negotiating with, app opriate regagencies. 2.4.7. Monitor an advise the f ny adjustments to the estimate of Project Costs caused ges in scope, design requirements or cc struction cost2.4.8. Prepare or review and l by WNER, its legal counsel and other advisors, general conditions and supplementary conditions to MSE's General form of Contract Agreement for construction of project improvements, and (where applicable) bid forms, invitations to bid and instructions to bidders, and assist in the preparation of other bid related documents. 11 1067 -4. 2.4.9. Furnish to the OWNER five copies of the construction contract documents described in Section 2.4. and review them in person with the OWNER. 2.5 CONSTRUCTION CONTRACTS AND/OR EQUIPMENT PURCHASES After written authorization from the OWNER to proceed with the bidding or ne!otiation of each construction or procurement contract, ME shall: 2.5.1. Assist the OWNER in securing bids for each contract for construction and/or \furnishing materials fid equipment and make recommendations as to t e award by the WNER of the same. All such contracts shall be a arded dire/ ire tly by the OWNER for the OWNER's own account. \ 2.5.2. On behalf of the OW potential bidders, suppliers, necessary pre-bid meetings o , receive all inquiries from i subcontractors, conduct and provide interpretatio s necessi 2.5.3. Provide an or inal copy documents to the distribution by MeE. 2.5.4. After con acceptability of s7 r printing all appropriate responses to assist bidders. the construction contract binding for subsequent tation with the OWNE�, determine the ntractors and other persons and organizations pro osed by the prime contractor(s) for those portions of the w rk where such approval is required by the contract documents. 2.5.5. Determine the acceptability of substitute materials and equipment offered by the apparent low bidder when substitution before award of the contract is allowed by the bidding documents. 12 /60 h =1� 2.5.6. In consultation with the OWNER, develop a plan for subcontracting portions of the construction inspection work to local firms, provided that: (1) such firms shall be acceptable to both M&E and the OWNER; (2) such subcontracts shall be authorized by the OWNER; (3) such subcontracts and the OWNER'S authorization shall notrelieve M&E of its inspection responsibilities under this Agreeme t. j 2.6 CONSTRNCTMm Mamhnve mm During the const ion of the Project 2.6.1. Consult witUn and advise the WNER and manage and administer the construe ion contrac s. All of the OWfIER's instructions to contract rs will issued through M&E. The shall: prime contractors with who the WNER enters into contracts for construction of, and for fur i hing of materials and equipment for, the Project are hereina t r referred to as "Contractor(s)". 2.6.2. Be responsible f r all on-site inspections. The inspection effort shall b contin ous when construction work is in progress, and, subje to the pr visions hereof, M&E shall use it best efforts to ens re that the pr gress and quality of the construction work is roceeding in acc rdance with the contract documents including, but not limited to, all construction plans and specifications, and to guard the OWNER against defects and deficiencies in th work of the Contractor(s). M&E shall report to the OWNER any parent non -conforming work and make recommendations to�the OWNER for its correction and, when authorized by the OWNER, instruct the Contractor(s) to carry out the acceptable corrective mean_res. ME shall maintain detailed 13 AW records of the work. MSE shall maintain a daily dairy/log of all activities at the work site which may affect the timely prosecution of the work. The daily diary/log format shall include a record of the hours worked by contractors at each work site, a list of visiting inspectors and officials, daily activities, weather conditions, equipment on each site, decisions made, general bservations and specific observations (e.g., test results). Copies f daily logs, inspect' n and testing reports shall be provided to the OWNER weekly. Additionally, construction photos sh 11 be maintai ed to document construction progress. A series of pHptos sha be taken from the same vantage point on a weekly b sis Neither the OWNER, ME nor any subcontract firm providing a stance in on-site inspection shall be responsible: (i) for th m ans, methods, techniques or procedures of construction sale ted by any Contractors or i subcontractors; or (ii) or safet precautions and programs incident to the work of the Contra tors or subcontractors. M&E and the OWNER may see relief in the OWNER'S behalf for: (i) failure of any Contr ctor or subcontr ctor to comply with any law, ordinance, rul or regulation; (i') the failure of any Contractor or sub ntractor to comply ;ith the contract documents; or (iii) any other act or omisson of any Contractor or j subcontractor, a 1 of which acts or omissions are the sole responsibility o the construction contractor. This provision shall not be construed to relieve M&E from its obligation to use its best efforts to perform construction inspection and construction management services on behalf of the OWNER. 14 /017 =l� 2.6.3. Report in writing to the OWNER monthly on progress, costs and cost control, and advise Contractor(s) of the OWNER's decisions on such matters. 2.6.4. Schedule and conduct pre -construction, construction and weekly progress meetings with the OWNER and Contractor(s) to discuss such mat ers as procedures, progress, problems, safety and scheduling. M E shall prepare and pr omp ly distribute minutes. 2.6.5. Develop a sct receipt of, major mater equipment as received ale for, and c rdinate the delivery and 1 and equipm nt, inspect materials and \damage an compliance with the contract Klater than scheduled, schedule assembly supervisors, and pment for mechanical, onnections, and for correct to M&E's obligation to develop rial and equipment delivery, documents, report when del the arrival of vendor's er inspect installed material electrical, piping and ins rotation and lubrication. a reasonable schedule of M&E shall not be respons ble for th failure of any Contractor, subcontractor, supplier or other per on to deliver materials or equipment as schedule . 2.6.6. Update and aintain the Mast r Project Schedule for all major elements of th construction work, and submit the Master Project Schedule to he OWNER for review and approval; coordinate the sequence of operations and other relationships among separate Contractor(s) and maintain liaison between the engineering -design firms, the subcontract firms providing assistance in on-site inspection, and the OWNER. 15 /D47 o t � 2.6.3. Report in writing to the OWNER monthly on progress, costs and cost control, and advise Contractor(s) of the OWNER's decisions on such matters. 2.6.4. Schedule and conduct pre -construction, construction and weekly progress meetings with the OWNER and Contractor(s) to discuss such mat ers as procedures, progress, problems, safety and scheduling. M E shall prepare and pr omp ly distribute minutes. 2.6.5. Develop a sct receipt of, major mater equipment as received ale for, and c rdinate the delivery and 1 and equipm nt, inspect materials and \damage an compliance with the contract Klater than scheduled, schedule assembly supervisors, and pment for mechanical, onnections, and for correct to M&E's obligation to develop rial and equipment delivery, documents, report when del the arrival of vendor's er inspect installed material electrical, piping and ins rotation and lubrication. a reasonable schedule of M&E shall not be respons ble for th failure of any Contractor, subcontractor, supplier or other per on to deliver materials or equipment as schedule . 2.6.6. Update and aintain the Mast r Project Schedule for all major elements of th construction work, and submit the Master Project Schedule to he OWNER for review and approval; coordinate the sequence of operations and other relationships among separate Contractor(s) and maintain liaison between the engineering -design firms, the subcontract firms providing assistance in on-site inspection, and the OWNER. 15 /D47 t' 2.6.7. Review shop drawings and samples, the results of test and inspections and other required submittals for conformance with the design concept of the Project and compliance with the information given in the contract documents; determine the acceptability of substitute materials and equ-ipment proposed by Contractor(s); and r\ eive and review (for general content as required by the Specif \ ations) mainten ce and operating instructions, schedules, 'guaran tees, onds and certificates of inspection which are to be assembl by Contractor(s) in accordance with the contract doc ents. 2.6.8. issue all instructi of the OWNER to Contractor(s) and/or subcontract firms pro v ing assistance in on-site inspection; prepare change rde s as required; require such special inspection or tes ing as necessary to evaluate conformance of the work with the equirements of the contract documents and the perf rmance ther under by the parties thereto and assist the OWNER in obtaining d to and information from the Contractor(s) as re uired in the con truction contracts on all claims of Contract r(s) relating to t e execution and progress of the work. 2.6.9. Based o the on-site inspections the review of Contractor(s) applications for payment and the accompanying data on the updated management schedule, determine the amounts owed to Contractor(s) and recommend in writing after consultation with the OWNER payments to Contractor(s) in such amount; such recommendations of payment will constitute a representation to the OWNER, based on such inspections and review, that the work 16 1,0`7 has progressed to the point indicated and that the quality of the work is substantially in accordance with the contract documents (subject: (i) to an evaluation of the work as a functioning project upon Su\and l Completion (as hereinafter defined); (ii) the resultsubsequent tests called ;for in the contract docume(iii) any qualifications stated in the recommendation nt). By recommendi y any payment, M&E shall not be dehave represented at it has made any examination to e how or for wh t purposes any Contractor has used the mod, or that ti le to any of Contractors) work, materialsmen has p ssed to the OWNER free and clear of any lien, claims, s cur ty interests or encumbrances. 2.6.10. Conduct an inspect n with the OWNER to determine if each contract is Substantial ompleted (as hereinafter defined) and a final inspection with the WNER to determine if each contract is Fully Complet (as h reinafter defined) substantially in accords ce with t contract documents, and, if Contractor(s) have ful lied all of heir obligations thereunder, recommend, in writing final approval by the OWNER. As used herein, the term "Su stantially Comple ed" shall mean the completion of all wo k required by the �ontract documents with the exception of pu h list or minor items, so that the OWNER can have the beneficial operation and use of the facilities with minimal interference from Contractor(s). As used herein, the term "Fully Completed" shall mean the completion of all of the work including punch list or minor items, in substantial compliance with the Contract Documents. 17 /w7 =1� t- 2.6.11. Prepare a set of reproducible mylar drawings showing those changes made during the construction process, based on marked -up prints, drawings and other data furnished to ME by Contractor(s) and inspectors. 2.6.12. Assis the OWNER with supervision of operation and maintenance and ch ge over of the existing facilities during construction to mini'ze disruption to the collection and treatment process. 2.7 OPERATIONS AND MAINT NANCE After Substantial Completio of eachajor construction contract, ME shall: 2.7.1. Review and evaluate t performance of all equipment and construction work after one ar and after two years from the date of start-up. 2.7.2. Provide properly alified and plant certified supervisory personnel to a sist the 0 ER in operating and maintaining the Existing astewater Tre tment Facility, the new Sand Road Treatment Fac lity and the pum ing station during the start-up period. 2.7.3. Provide th OWNER with an operations and maintenance manual for the new S nd Road Treatment Facility, the existing facility, and the pumping station. The operation and maintenance manual will include information on equipment warranties, indicating in general what defects are covered by the warranty and advising the OWNER of where the equipment was obtained, of the name and location of manufacturer, of the date upon which warranty begins, and of the name and location of the manufacturer's representative. 18 047 2.7.4. Provide staff training during the start-up period, based upon an initial needs assessment, in the areas of safety, process control, preventive and corrective maintenance, chemical usage, energy usaget and supervisory and management techniques. 2.7.5. Assist owner ,in obtaining start-up data, and organize start-up data in report fqr\m and present it to regulatory agencies. Interface with tli OWNER and regulato y agencies on all matters relative to the s�t rt -up, initial Zing permit operation, maintenance and dischh ge permi reporting, and assist the OWNER i obtai ng approvals. e OWNER prior to the end iod containing I s fiance and 2'7.6. Provide a written report of any contract or supplier warran information on an d f Y erects which noul be covered by the warranty and advising the OWNE on how t accomplish remedial corrections. 2.7.7. Install a comput r -based records and operational data management system which specifically desi ned for wastewater treatment facilities an compatible with usag on IBM PC computers. This syst shall produce all nece sary documents for regulatory reporting as well as process control. 2.7.9. Working w' h the OWNER's maintenance personnel, install a computer-based ma ntenance management system which includes spare parts inventory control. SECTION 3: TIME OF COMPLETION M&E shall use its best efforts to complete each phase of this Project at the time identified on the Master Project Schedule. The initial Master Project Schedule shall be completed within 19 /0107 _AI thirty days from the date of this Agreement. The Idaster Project Schedule shall be approved by the Owner and shall have as a goal Substantial Completion and operation of the treatment facilities by July 1, 1988. This project completion goal is dependent upon execution of this agreemnt by June 18, 1986. ; 4.1. Subject to the prove io obligation to perform and ren continue for a period that is r design, award of contracts, con maintenance of the Project as p 4.2. M&E's obligations to Basic Project Development se terminate upon the OWNER'S Development Report. of this Section 4, M&E's r serviqd�s hereunder shall bly necessary for the ion, and operation and d in this Agreement. �rforand render service under the ion of this Agreement shall roval o the Basic Project 4.3. M&E's obligatio to perform and render services under the Design Outline and Final Design section of this Agreement shall terminate upon he OWNER'S approval of final drawings and contract documents. 4.4. M&E's oblig tions to perform and render services under the Construction s ction of this Agreement shall commence upon the execution of he first prime contract for the Project and shall terminate u n M&E's approval of final payment on the last prime contract to be completed. 4.5. M&E's obligations to perform and render services under the operations and Maintenance section of this Agreement shall commence upon Substantial Completion of each major construction contract and shall terminate two years from the date of start—up. 20 /oii7 G _AI thirty days from the date of this Agreement. The Idaster Project Schedule shall be approved by the Owner and shall have as a goal Substantial Completion and operation of the treatment facilities by July 1, 1988. This project completion goal is dependent upon execution of this agreemnt by June 18, 1986. ; 4.1. Subject to the prove io obligation to perform and ren continue for a period that is r design, award of contracts, con maintenance of the Project as p 4.2. M&E's obligations to Basic Project Development se terminate upon the OWNER'S Development Report. of this Section 4, M&E's r serviqd�s hereunder shall bly necessary for the ion, and operation and d in this Agreement. �rforand render service under the ion of this Agreement shall roval o the Basic Project 4.3. M&E's obligatio to perform and render services under the Design Outline and Final Design section of this Agreement shall terminate upon he OWNER'S approval of final drawings and contract documents. 4.4. M&E's oblig tions to perform and render services under the Construction s ction of this Agreement shall commence upon the execution of he first prime contract for the Project and shall terminate u n M&E's approval of final payment on the last prime contract to be completed. 4.5. M&E's obligations to perform and render services under the operations and Maintenance section of this Agreement shall commence upon Substantial Completion of each major construction contract and shall terminate two years from the date of start—up. 20 /oii7 4.6. ME shall have no liability in connection with services rendered under this agreement unless a claim is filed in writing with M&E within 15 years from the date of Substantial Completion as defined in Section 2.6.10. I 5.1. The OWNER shal\repre t to M&E such acre to the OWNER'S records and wastewaterities as M&E dee s necessary to perform its obligationunder. 5.2. The OWNER shalhwith des/the in writing a person to act as the OWNER'S RntativeOwner's Representative") with respect to hereunder and to facilitate th Owner's Representative shall h e behalf of the OWNER, includin , t instructions, to receive in orma policies and decisions wi respe elements, systems and se vices to this Agreement. ME sh 11 be ent decisions and instruc ions given work to be performed by M&E nqe of information. The authority to act for and on e authority to transmit on and to transmit the OWNER'S t to the materials, equipment, e provided by M&E pursuant to led to rely upon information, o, it by the Owner's Representative. 5.3. Whenever th' Agreement requires the OWNER's approval and/or consent, suc approval and/or consent shall not be unreasonably withe d or delayed. Without limiting the generality of the foregoing, ithin the time periods set forth below, the OWNER shall either: (i) provide M&E with a written approval of the materials submitted and a notice to proceed with the work described in the materials; or (ii) provide ME with a written 21 a =1� statement explaining in reasonable detail the reason or reasons why the materials are not satisfactory to the OWNER. If the OWNER fails to respond within the time periods set forth below, the Master Project Schedule shall be modified to reflect the effect on the project completion date caused by such delay. \Time Table For Response Item 1. Master Project Schedul 2. Basic Project Developme t 3. Design Outline 4. Final Design 5. Equipment Procurement Recommendations 6. A-E Contractor Selection Recommendations 7. Construction Contractor Se Recommendations 8. All other submissions 5.4. The OWNER, at its for and acquire all neces 5 days from submission Vionn 0 days from submission 0 days from submission 0 days from submission 0 days from submission 0 days from submission 5 days from submission 0 days from submission c st and expense, shall negotiate la d and rights-of-way. 5.5. The OWNER, at it sole cost and expense, shall acquire all federal, state and local licenses, permits and approvals necessary or desirakbl,e in connection with the Project. M&E shall assist the OWNER in,ihis process as outlined in Section 2.4.6. 5.6. The OWNER shall pay to M&E all amounts due to M&E in accordance with th terms of this Agreement. 5.7. If the OWN R becomes aware of any defects in the project, it shall promptly notify M&E. SECTION 6: SUBCONTRACTED SERVICES M&E shall incorporate in the Project the use of design firms to assist with completion of the Project. Subcontracted design firms will be prequalified by M&E and approved by the OWNER. 22 /s`7 -A] 6.1 Subcontracted design work shall constitute approximately 408 of the effort required to complete the Basic Project Development, Design Outline and Final Design. Pursuant to Section 2.3.5, design work considered for subcontEact shall include but not be limited to the following: a. Land s veys and easement preparat' n required to obtain the new tr atment plant site and interceptor sewer rights-of-way b. Site and right -0 -way topog aphic surveys; C. Soil surveys and g otechn'cal evaluations; d. Participation in pre i nary designs of the new wastewater treatment lant; e. Final design of ne was ewater treatment plant and interceptor sewer ; f. Participation i the final design of the expansion and renovation of the existing astewater treatment plant. 6.2. M&E shall re in from subcontr cted design firms approximately 708 o the effort require to perform on-site inspections of all facilities constructe as a part of the Project. 7.1. In addition to any other amounts that the OWNER is obligated to pay to ME in accordance with the terms of this Agreement, and in consideration of the services rendered by MSE 23 /o67 to the OWNER pursuant to this Agreement, the OWNER agrees to pay for services stated in this Agreement the following amounts to M&E: Project Management Fee $834,0 0 This fee will be prorated for the percent com etion of M&E's work as estimated by M&E, recorded in the roject management information syst , and the percentage f payment due to M&E from time to time s all be approved y the OWNER'S representative which proval sh 1 not be unreasonably withheld or delayed, an shall a paid monthly to M&E. This fee constitutes full compe tion for all of the Project Managers time and M&E's is in the performance of all aspects of this agreeme t. in addition, M&E will reimbursed s follows: Direct lab r salaries plus 170 (Excluding Project Manager' time) - Nonsarry expenses plus 108 Non -salary expenses include such typical expenses as cost of: transportation and subsistence; telephone usage; printing and reproduction; field office expenses; computer and word processing equipment usage; identifiable supplies; subcontracted charges; subcontracts for services such as surveys, subsurface investigations, subcontract design services, subcontract 24 /SI 7 ------------------ cls, t" construction inspection services, testing by commercial laboratories and charges by reviewing authorities. 7.2 The total compensation for the scope of services described herein including the Project Management fee will not exceed $4,716,000 without prior written authorization from the OWNER. the work tasks covered by th's agreement The estimated fee fo\c is as follows: Basic Project Developm nt Design Outline Final Design Equipment Procurement Bidding/Negotiating Construction Management Operations and Maintenance Fees for all services will be monthly invoices will be acco $76,000 $222,000 $2,279,000 $54,000 $20,000 $1,136,000 $95,000 ced on a monthly basis. The 4 by a progress report which will include the status of hysical rcent complete of all tasks as compared to costs to d te. Payment on all invoices will be due within 30 days from receipt by the WN and shall be paid monthly to M&E. If th OWNER fails to p y any amount due to M&E within sixty (60) days from the date when due, M&E may notify the OWNER of its intentto suspend its servic9s (hereinafter a "suspension Notice"). if the OWNER fails to pay all amounts due to M&E within thirty (30) days of the OWNER's receipt of the Suspension Notice, M&E may suspend its services until it has been paid all amounts due. if the OWNER wrongfully fails to pay any amount due to M&E within thirty (30) days from the date when due, all amounts wrongfully withheld shall be increased by an amount 25 /0`47 I -41 equal to 18 per month, or portion thereof, for which said payment is delinquent. 7.3 If during the term of this Agreement any condition develops which, at the time of the execution hereof, could not reasonably be foreseen by the parties hereto, and such condition materially alters theextent of the services M&E must perform to accomplish the objective of this Agreement, the amount due to M&E shall be equitably adj ted to reflect such c dition. 8.1. If the OWNER requests outside the scope of this Agr at M&E perfo m work that is int, or i the OWNER requests that M&E alter work that is fully r p above-described work is hereinafter a shall promptly, before undertakin s c any increase in the amount due om t h E tra Work (the "Extr Payment tially completed (the lled "Extra Work"), M&E h work, notify the OWNER of e OWNER to M&E as a result Such notice shall Or suc x include reasonably detailed nformation n the estimated cost and quantity of all labor and aterial necess ry to complete the Extra Work, the fair ren al of machinery, nd any additional insurance premiums due n account of the E tra Work. The Extra Payment shall include an amount to reasonab y compensate M&E for its overhead and use of capital, and shall include a reasonable profit. 8,2. If during the Project the Master Program Schedule is altered so that the date for Substantial completion is scheduled to occur after January 1, 1991, M&E and the OWNER shall renegotiate the payment amounts set forth in Section 7 to 26 1067 =1'L„ equitably compensate M&E for any increase in the cost to M&E of completing the Project on account of such revised schedule. This section shall apply specifically to the Construction Management services provided under Section 2.6 for the Upper Reach of the Southeast Interceptor, University Heights Interceptor and limited portion of the Southeast Int rceptor running to the Fairmea ows Pumping Station and an/ther construction related to a Project deemed necey by the OWNER. 9.1. All claims, counterclyaldes and other matters in question between M&E and the g out of or relating to this Agreement or breach hereecided by arbitration if the parties mutually agree, oin a court of competent jurisdiction. 9.2. In any case in whichOWNER mutually agree to submit a matter to arbitrati n, such a bitcation shall be conducted pursuant to appl'cable statut s of the State of Iowa at the time in effect and, t the extent pe mitted by said statutes, in accordance with the ommercial Arbitration Rules at the time in effect of the Ameri an Arbitration Ass Association. The party desiring such arbitrat on shall give notice to that effect to the other party and shall in such notice appoint as one of the arbitrators a disinterested person of recognized competence having at least ten (10) years experience in the field involved. Within ten (10) days thereafter, the other party shall by notice to the original party appoint as an arbitrator a second 27 /4067 disinterested person of recognized competence having at least ten (10) years experience in such field. The arbitrators thus appointed shall appoint as a third arbitrator a disinterested person of recognized competence and having at least ten (10) years experience in su h field, and such three arbitrators shall as promptly as possible etermine such matter, provided that, if the second arbitrator is n t appointed as afores d, the matter shall be decided by the fir t arbitrator. M&E and the OWNER shall be en itled to prese t evidence to the arbitrators or abritrator, as he case may be. The decision of the arbitrators or arbitrator sh 11 be ' writing and shall be final and binding upon M&E and th 0 R, and judgment thereon may be entered in any court of com ent jurisdiction. The fees and expenses of the arbi tors shall be divided equally between M&E and the OWNER, prov' ed, owever, that if the arbitrators determine that eit er part has acted in bad faith in referring any matter to arbi ation or in the conduct of arbitration, the arbitrator may, to the extent permitted by law, assess the party acting to bad faith with more than one-half of the fees and expenses of he arbitrators a d all or a portion of the other party's expens s, including attor eys' fees. 10.1. If M&E is delay d or prevented from fulfilling any of its obligations hereunder, or if the completion of any work required hereunder is prevented or delayed as a result of: (i) any Uncontrollable Event (as defined below); (ii) any act or omission of the OWNER, its agents or employees; (iii) damage or destruction by fire or other casualty, the time to complete such 28 /067 r work and fulfill such obligations shall be extended for such Period of time as is necessary to resolve the cause of such delay. 10.2. If there occurs an Uncontrollable Event (as define, below), ME shall, as soon as practicable, notify the 0 R of such event and describe the effect of such event upon he Project. M&E and the 0 R shall, within ten (10) ays after such notice, consult regarding 10.3. If there is a Uncontr 1 otherwise directed by the OWNER its duties under this Agreement practicable. 10.4. M&E shall be entitled tc what action shoul be taken. lable Event M& shall, unless in writing, continue to perform a far as is reasonably t of reasonable costs it incurs as a result of an Uncontroll e 10.5. If M&E's inability to per rm b Uncontrollable Event lasts for m re than notice has been given to the (7) days written notice to t} Agreement, and M&E shall Xbewould be entitled in caseforth in Section 12.1 her 10 6 eith Event. reason of an ninety (90) days after r party may, by seven other party,terminate this ntitled to any ms to which it termination of th s Agreement as set . . As used herein, he term "Uncontrollable Event" means any event or condition, whet}I�er affecting the wastewater facilities, ME or the OWNER, which has had or may reasonably be expected to have an adverse effect on the rights or obligations of any one or more of the parties to this Agreement or an adverse effect on the wastewater facilities (or any essential component thereof), or 29 /447 the acquistions, designs, construction, equipping, operation, owenrship or use of the facilities, if such event or condition is beyond the reasonable control of the party (the "Non -Performing Party") relying thereon as justification for not performing an obligation or complying with any condition req red of such party under this Agreement. Such acts of events sh 11 include, but are not limited to, the following: (a) an act of God (except normal weat kr conditions for the geographic area of the acilities to w ich reference is not specifically made herein) epidemic, landslide, lightning, earthquake, fire, explosion, flc act of public enemy, war, blo a arrest, or restraint of govern or any similar occurrence; (b) the order or judgmen of or any similar occurence, an insurrection, riot, general and people, civil disturbance federal, state, local or foreign court, administrat've agenc or governmental officer or body, if such order or ju gment is n t also the result of the willful action or failur to act of th Non -Performing Party, provided that the conte ting or non -contesting in good faith of any such order or judg ent shall not cn titute or be construed as a willful action of s ch party; (c) the suspension termination, interruption, denial or failure of renewal of any permit, license, consent, authorization or approval necessary to the construction, operation or maintenance of the facilities, if such act or event is not also the result of the willful action or failure to act of the Non - Performing Party, provided that the contesting or non -contesting 30 e. in good faith or any such suspension, termination, interruption, denial or failure to renew shall not be construed as a willful action of such party; (d) any strike, lockout, work slowdown or stoppage, or similar industrial disturbance; (e) delays of contractors, subcontractors or suppliers which could not be foresee\or reasonably provided agains/ 11.1. Representations and Warranties of tt,WNERThe OWNER represents and warrants to M&E as: (a) The OWNER is a municipal corporat' nhe laws of the State of Iowa, with full legal right, ower and authority to enter into the perform its obligati s under this Agreement. (b) The OWNER has duly authori ed the execution and delivery of this Agreement and this Agre ment has been duly executed and delivered by the OWNER and co stitutes a legal, valid and binding obligation of the OWNER, en orceable against the OWNER in accordance with its (te (c) Neither the en and delivery by the OWNER of this Agreement, nor the pnce by the OWNE of its obligations in connection with the tions contempleted hereby or the fulfillment by the 0 the terms or conditions hereof (i) conflicts with, viol results in a breach of any constitution, law or governmental regulation applicable to the OWNER, (ii) conflicts with, violates or results in a breach of any term or condition of any judgment or decree, or any agreement 31 /10107 -At or instrument, to which the OWNER is a party or by which the OWNER or any of its revenues, properties or assets are bound, or constitutes a default thereunder or (iii) will result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the properties or %assets of the OWNER. (d) No approval, aut orization, order or consent of, declaration, registration or filing with, any governmental authority is required for t valid exe ution and delivery of this Agreement by the OWNER e obtained or made. (e) There is no action, suit equity, before or by any court pending, or, to the best of t such as have been duly ceeding, at law or in rnmental authority, S knowledge, threatened, wherein an unfavorable decis'on, rulin or finding would adversely affect the performance by the WNER of its obligations hereunder or in connection with the other transactions comtempleted hereby or the validity on enforc or instrument entered transactions contemplla 11.2. Rearesentatiol M&E represents and wdlr IIw ich, in any way, bof this Agr /into by the OWNER in ted hereby. adversely affect or any agreement tion with the rants to the OWNER as follows: (a) ME is a corporation under the laws of the State of Delaware, with full legal right, power, and authority to enter into and perform its obligations under this Agreement. 32 '"7 G (b) ME has duly authorized the execution and delivery of this Agreement and this Agreement has been duly executed and delivered by M&E and constitutes a legal, valid and binding obligation of M&E, enforceable against ME accordance with its terms. (c) Neither the execution and delivery by M&E of'this Agreement, nor\hetransactions rmance by M&E of its obilgations in connection witctions comtemplated ereby or the fulfillment be terms or conditio s hereof (i)conflicts witor results in a reach of any constitution,ernmental regu ation applicable to M&E, conflict,�ates or re lts in a breach of any term or conditon of any judgmegt instrument, to which M&E is revenues, properties or ass default thereunder or (iii) imposition of any lien, c whatsoever upon any of t e /ordeee, or any agreement or or by which M&E or any of its bound, or constitutes a sult in the creation or rge encumbrance of any nature nroner ies or assets of M&E. (d) No approval/au orization, r( declaration, regisn or filingauthority is requir the valid e this Agreement byxcept such as or consent of, ith, any governmental xcution and delivery of :ve been duly obtained or made. I (e) There is no action, suit or prceeding, at law or in equity, before or by any court or governmental authority, pending, or, to the best of M&E's knowledge, threatened against M&E, wherein an unfavorable decision, ruling or finding would adversely affect the performance by M&E of its obligations 33 t" hereunder or in connection with the other transactions contemplated hereby or which, in any way, would adversely affect the validity or enforceability of this Agreement or any agreement or instrument entered into by the M&E in connection with the transactions contemplated hereby. 12 12.1. The OWNER ma terminate this days written notice to &E. shall forthwith pay M&E r connection with the Projec including, without limitatic termination of subcontracts, Upon such all costs up to edt upon seven (7) ination, the OWNER rfees incurred in time of termination dem ilization costs and costs of ro ided however, that such sums shall not exceed the total of a amounts listed in Section 7 of this Agreeemnt. If the OWNE an M&E are unable to agree on a reasonable cost of managem nt ser ices to be paid by the OWNER to M&E in the event of such terminati n, either party may submit the matter to arbitration described n Section 9. 12.2. M&E shall designate in writi the Project Manager and an officer of M&E as t designated repre entatives. The OWNER shall approve of t e designated Project Manager. 12.3. This Agre ment shall be binding upon, and enure to the benefit of, the s ccessors and the assigns of the parties hereto, provided, however, that neither party may assign this Agreement without the written consent of the other party. 34 f06i =1� r- 12.4. M&E shall defend, indemnify, exonerate and hold harmless the OWNER, its officers, employees and subcontractor, from and against any liability or claim of damages asserted by third parties and arising out of the negligent acts, errors, or omissions of M&E, its employees or agents. 12.5. The OWNER shall defend, indemnify, exon rate and hold ME harmless from and ainst any liability or c aim of damages asserted by third pa ties and arising out f the act of negligent acts, errors or omissi ns of the OWNER, its agents or employees. 12.6 It is understood and agreed at the retention of ME by the OWNER for the service sdescr 12.7. The OWNER shall make all information needed for the Pr -e request by M&E. The OWNER assistance in the use of t'. ib herein shall be exclusive. records and files pertaining to ct available upon reasonable s to furnish all necessary 12.8. Neither partyXte his Agrd hereunder contrary to State, F the ordinances of the of Iowa s and files. nt shall perform its duties ral, or County law or any of , Iowa. 12.9. ME shall at end such meetingsof the City Council of Iowa City relative the work set for in this Agreement as may be reasonably requested by the OWNER. he OWNER shall give ME reasonable advance notice of such meetings. 12.10. Upon termination of this Agreement and/or at anytime upon demand by the OWNER, and without cost to the OWNER, ME shall provide the OWNER with copies of all basic notes and sketches, charts, computations, correspondence, and any other data owned by 35 00 t� M&E and prepared or obtained by ME or a subcontracted design firm pursuant to this Agreement, without restriction or limitation as to the use relative to specific projects covered under this Agreement. ME makes no representation or warranty, implied or otherwise, as to the suitability of such materials for work other than the Project, or for the/sion /any extension of the Project, and &E shall not be liabluse of such documents on other rojects or on any eor modification of the Project. 12.11. M&E agrees to urnish all re orts and/or drawings with the seal of a professions seal as required by law. 12.12. The OWNER agrees to accordance with the schedule enginee or architect thereto or such the event of failure by M& to accordance with this Agr ment, written notice of its f ilure. to ME all fees and money in Section 7 of this Agreement. In tisfactorily perform in � he OWNER will provide M&E ailure of M&E to correct the problem within 15 day of such no ti a shall constitute grounds for the OWNER to wit hold payment o an amount sufficient to remedy such failur , provided, howev, r, that the OWNER shall forthwith pay suc amount to ME if M&E corrects such failure. 12.13. Should a y section of this Agreement be found invalid, such invalidity hall not affect the remaining portion of this Agreement, which sections shall remain in full force and effect as if the invalid section was never a part of this Agreement. 36 /067 =Yti, 12.14. Original contract drawings shall become the property of the OWNER. Original contract drawings shall be mylar reproducible originals. MeE shall be allowed to keep mylar reproducible copies. agrees to execute and deliver any instruments 12.15. Each par and to perform any is that may be necessary or reasonably and to perform an�requested by the othe party to give full effect to this Agreement. 12.16. All representati ns, warranties and agreements in this Agreement shall be deemed ecial, unique and extraordinary and any breach of any provision hereof by any party shall be deemed to cause the other irreparabl injury not properly compensable by damages in an action at law, a d the rights and remedies of any party hereunder may therefore b enforced both at law or in equity, by injunction or oth/erwi e. All rights and remedies of each party shall be cumulative an not alternative, in addition to and not exclusive to a y other ight or remedy to which such party may be lawfully a titled in c se of any breach or threatened breach of a y term or provision herein, except as otherwise expressly rovided herein, the rights and remedies of each party shall be ontinuing and not exhausted by any one or more uses thereof, nd may be execised at any time or from time to time and as often as may be expedient; any option or election to enforce any such right or remedy may be exercised or changed at any time or from time to time. 12.11. This Agreement represents the entire and integrated agreement between the parties hereto and supercedes all prior 37 /067, negotiations and agreements, written or oral. This Agreement may be amended only by a written instrument signed by the parties hereto. 12.18. This Agreement shall be governed according to the internal laws, and not the laws of conflict, f the State of Iowa.. All noti es, consents, approval and other communications req 'red, permitted or otherwise given under this Agreement shall be dd,l mail, return receipt r prepaid, addressed as City of Iowa City Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Either party may, by/ address which ther ered by ha or registered or certified uested, Mage or registration charges M&E Metcalf & Eddy, Inc. 85 W. Algonquin Road Arlington Heights, IL 60005 ice tobcome he other, designate another shall the effective address for the purposes of t is section. Al notices, consents, approvals and other commu icatons given as d scribed above shall be deemed to have been g ven three (3) busine s days after mailing, in the case of regis ered or certified mail or, if by hand delivery, upon delivery 12.20. As used in this Agreement, the term "best efforts" shall require M&E to act with the high degree of prudence and diligence held by a Professional Engineer or Architect engaged in design, construction management and operation of wastewater treatment facilities. 4g! /OGi 12.21. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement nor have any of the above been applied by any party to this Agrrement. 12.22. Insurance Coverage M&E will carry the following insurance with respect to the services it perfo s for the duration of this Agreement. 1. Workers' Com ensation as required by ,the general laws of Iowa. 2. Public Liabilit insurance with imits of $1,000,000 each occurrence for b dily injury " cluding accidental death and limits of $1, 00,000 ea occurrence and in the aggregate for prop ty da age. 3. Automobile Liabilit i urance covering the operations of all motor vehicles o7 ed, leased, hired, or used by the Engineer in the fu he ance of this Agreement with limits of $1,000,000 ea // pers n, $1,000,000 each occurrence for bodily injury, nd $1,00 ,000 each occurrence for property damage. 4. Professiona Liability Insu ance for protection against claims ari ing out of perfor ance of services under this i Agreement and caused by any a rors or omissions of the insured n the amount of $4,7 6,000. 5. ME shal furnish, prior to he commencement of work under this Agreement, certificates of insurance evidencing Workers' Compensation, and the Public and Automobile Liability coverage required. 01*1 /60 =,J� r 6. M&E and the OWNER hereby agree mutually to waiver any rights which each may have against the other with respect to subrogation under any policy of insurance relating to the services of work provided under this Agreement. Executed Executed as a sealed instrument on the day nd year first written above. \ THE CITY OF IOWA CITY: \ ITCALF b EDDY, INC. By: Mayor ATTEST: CITY CLE] c� State of Iowa ) ) SS: County of Johnson ) On this day of June, 1986, before me, a Notary Public in and for the State of Iowa, personally appeared,William Ambrisco and M rian K. Karr, to me personally known, who, being by me duly sworn did say that they are the Mayor yor and the City Clerk, respective , of the City of Iowa Ci/ty, Iowa, an Iowa municipal corporat on; that the seal affi cd to the foregoing Agreement is the se of said City; that said instrument was signed and sealed on ehalf of said Ci y by authority of its City Council and William Am risco and Mar'an K. Karr, as such officers, acknowledged he executio of said instrument to be the voluntary act and deed o said Ci y by it and by them voluntarily executed. Given under my hand an eal of office, this day of June, 1986. (SEAL) Notary Public 16 to I r� RESOLUTION NO. 86-186 RESOLUTION GRANTING CONDITIONAL APPROVAL OF THE ASSIGNMENT OF THE LEASE OF THE UNION BUS DEPOT PROPERTY AT 404 E. COLLEGE ST. FROM PHILLIP E. SPELLMAN TO BOBBY J. AND KAREN K. RORER, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT TO THAT EFFECT. WHEREAS, the City of Iowa City, Iowa did enter into a lease of the prem- ises at 404 E. College St. on or about the 25th day of November, 1974, pursuant to which lease the City did rent said property to Mr. Phillip Spellman for a period of two years, commencing on December 1, 1974, with two 2 -year renewal options; and WHEREAS, the said lease has since been extended and renewed on several occasions, the last such extension occurring on April 27, 1982, pursuant to which the lessee acquired renewal options to extend the said lease up to November 30, 1990; and WHEREAS, the lessee, Phillip E. Spellman, dba Union Bus Depot of Iowa City, Iowa, now desires to sell said business and assign its lease to Bobby J. Rorex and Karen K. Rorex, and those parties have executed an assignment agreement which is contingent upon the City's approval of said assignment; and WHEREAS, the City Council has been advised that it would be in the best interest of the City to approve the assignment of said lease through November 30, 1986, and to thereafter enter into and execute a new lease with Bobby J. and Karen K. Rorex; and WHEREAS, the Lease Assignment and Acceptance of Assignment by and between Phillip E. Spellman and Bobby J. and Karen K. Rorex has been reviewed and approved by the City Legal Department and the Legal Department has recom- mended the City's execution of the Consent to Assignment, as attached hereto and made a part hereof. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE .CITY OF I014A CITY, IOWA that the form of the Lease Assignment, Acceptance of Assignment and Consent to Assignment attached hereto and made a part hereof is hereby approved as to form and content. AND BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby au- thorized and directed to execute and attest, respectively, the Consent to Assignment attached hereto and made a part hereof. It was moved by Baker and seconded by Dickson the Resolution be adopted, and upon roll call there were: J.- id i 10041 r - Page 2 Passed and ATTEST: j CI Fm AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X Dickson X McDonald —R— Strait 01 r�- LEASE ASSIGNMENT The undersigned, Union Bus Depot of Iowa City, Inc., hereby assigns to Bobby J. Rorex and Karen K. Rorex all of its rights, title and interest through the period ending November 30, 1986, under that certain Lease Agreement with the City of Iowa City, Iowa, dated December 1, 1974, and amended by written Amendments dated June 13, 1978, and April 27, 1982. The rightsand obligations assigned hereunder to not include any of the options included in the original Lease Agreement or the Amendments thereto to extend the lease beyond November 30, 1986. 911 Dated at Iowa City, Iowa, this day ofy e1986. UNION BUS DEPOT OF IOWA CITY, INC. 1 p 1 1p pe man, rest ent ACCEPTANCE OF ASSIGNMENT The undersigned, Bobby J. Rorex and Karen K. Rorex, hereby accept the above assignment of lease and agree to be bound by the terms thereof and specifically acknowledge that the rights assigned by Union Bus Depot of Iowa City, Inc. do not include the option to extend the lease beyond November 30, 1986. �1 Dated at Iowa City, Iowa, this % day of 1986. y Karen K. Rorex %— T /oG: r- - 2 - CONSENT TO ASSIGNMENT The undersigned, City of Iowa City, Iowa, hereby consents to the above assignment which consent shall not, however, be construed as a release of Union Bus Depot of Iowa City, Inc. from its obligations under said lease for the current term ending November 30, 1986. da of Dated at Iowa City, Iowa, this y 1986. CITY OF IOWA CITY ATTES c)-L� r RESOLUTION NO. 86-187 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E AGREEMENT WITH JOHNSON COUNTY AND CITY AND YELLOW CAB COMPANY OF I014A CITY FOR FY87 SEATS SUPPLEMENTAL TAXI SERVICE. WHEREAS, It is in the public interest to provide taxi service to Iowa City residents in order to supplement the Johnson County SEATS program for deliv- ery of special elderly and handicapped transit service, and WHEREAS, based on a competitive bidding process, City staff recommends the award of a contract to City and Yellow Cab Company for the FY87 SEATS supple- mental taxi service, and WHEREAS, Chapter 28E of the Code of Iowa provides that the power exercisable by a public agency of thisa�E Te may�ie exercised jointly with any other public agency of this State having such power, and WHEREAS, Iowa City, Johnson County and City and Yellow Cab Company have negotiated a 28E Agreement for the provision of supplemental taxi services for Iowa City residents and a copy of said contract is attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That a contract for supplemental taxi service to the Johnson County SEATS program is hereby awarded to City and Yellow Cab Company. 2. That the Mayor is authorized to sign and the City Clerk to attest the 28E contract between the City of Iowa City, Johnson County and City and Yellow Cab Company for supplemental taxi service to the Johnson County SEATS program. 3. That the City Clerk is directed to file the 28E Agreement with the Secre- tary of State and record same with the Johnson County Recorder. It was moved by Dickson and seconded by Baker the Resolu ion be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X AmbriS[e X Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 17 day of ,June 1986. c Z ATTEST: %% 41CiLlRK � .w) CITK CLERK Recelv:d & Approved By The lelpel De ertmerd b ro 86 /4G% 28E AC,IiI]3+E[dl' FCR FY87 SUPPLEMENTAL TAXI SERVICE ) This 28E Agreement is made and entered into on the -day of -��vrw- 1986, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "City," Johnson County and City and Yellow Cab Co. of Iowa City, Inc. I. SCOPE Or SERVICES City and Yellow Cab Co. shall provide transportation for handicapped and elderly residents of Iowa City as supplemental taxi service in the Johnson County SEATS program. II. MERAL TERMS 1. The origin and/or destination of all trips shall be within the corporate limits of Iowa City; however, the area of service shall be the metropolitan area of Johnson County within the corporate limits of Iowa City, Coralville and University Heights. 2. The provision of transportation by City and Yellow Cab Co. under this agreement shall be administered by Johnson County SEATS. Elderly and handicapped residents of Iowa City shall call the SEATS dispatcher to request transportation. The SEATS dispatcher shall determine if the ride is eligible for subsidized taxi service and will inform the City and Yellow Cab Co. dispatcher of the intended trip, whereupon a taxi will be dispatched. 3. For the purposes of this program, an elderly person is defined as an individual over 60 years of age; a handicapped person is defined as any individual with ambulatory, manual, visual, audial, or mental Lipairments which seriously limit his/her ability to obtain adequate transportation either through the use of private automobile or public transit. This include persons who are restricted to wheelchairs. A spouse or canpanion accom- panying eligible persons shall also be eligible to obtain rides. 4. The following trips shall be eligible for subsidized taxi service from City and Yellow Cab Co.: Medical (i.e. doctor, dentist, drug store); trips that cannot be easily scheduled 24 hours in advance. Any other trips that cannot reasonably be served by Johnson County SEATS vehicles. Trip purposes in this category in- clude social service, shopping, volunteer service, social/senior activity trips and employment - including regu- larly scheduled trips to and from a worksite. Taxi service shall be available 24 hours per day. Off -hour service must be scheduled during hours of SEATS operation. 5. City and Yellow Cab Co. shall reserve the right to refuse service to any passenger that is being disruptive. The SEATS manager stall be notified of all instances where a passenger is refused service. /a % -2- 6. City and Yellow Cab Co. shall notify the SEATS dispatcher if a scheduled pick up will be late. City and Yellow Cab Co. shall also notify the SEATS dispatcher if they arrive to pick up a rider and are unable to locate the rider. 7. City and Yellow Cab Co. shall assist passengers getting into and out of the cab and also assist them in carrying groceries and packages. III. CCMPENSATION 1. Each eligible participant shall pay City and Yellow Cab Co. a donation for each trip and the City shall subsidize the remaining cost of the trip. Fimever, no eligible participant without a donation shall be denied a ride by City and Yellow Cab Co. In this situation, the City shall subsidize the entire cost of the trip. A determination of the total trip cost shall be calculated from the rates submitted by City and Yellow Cab Co. in their bid for the service: $1.60 for the first mile, $.45 for each addi- tional half mile; $.40 for each additional stop. 2. On a monthly basis City and Yellow Cab Co. shall request reim bursement from the City for the amount of the trip subsidy. with this request, an itemization of the date, time, donation, origin and destination of each trip shall be provided by City and Yellow Cab Co. Copies of these records shall also be delivered to the Johnson County SEATS administrator for verification. IV. IDDDWFICATICN City and Yellow Cab Co. agrees to defend, indemnify and save harmless the City of Iowa City, its officers, employees and agents from any and all liability or claims of damages arising under the terns of this agreement. V. ASSIGN -OU City and Yellow Cab Co. shall not assign, sublet or transfer its interest in this agreenent without the written consent of the City. VI. DISCRIMINATION City and Yellow Cab Co. shall not camnit any of the following employ- ment practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. b. To discriminate against any individual in terms, conditions or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. /ob2 -3- VII. AFFIRMATIVE AMON City and Yellow Cab Co. agrees to complete an equal opportunity policy statement, as provided by the City of Iowa City. City and Yellow Cab Co. agrees to permit inspection of their records concern- ing the supplementary taxi service by a person representing the City Of Iowa City, Johnson County and/or the State of Iowa, during normal working hours. VIII.DURATION This agreement shall be in effective frau July 1, 1986 to June 30, 1987. Upon agreement by the parties hereto, the terms of this agree- ment may be extended an additional thirty (30) days. However, this agreement may be terminated upon thirty (30) days written notifica- tion by either the City or City and Yellow Cab Co. 1*:v=MlqQDn• c o -o- io- This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, pursuant to the requirements of Chapter 28E, Code of Iowa. This agreement represents the entire agreement between the City of Iowa City, Johnson County and City and Yellow Cab Co. for subsidized taxi service as herein provided. It may be amended only by a written instrument signed by all parties. CITY AND YMUM CAR ODWANY Ptes.11deTff Attest: CITY Or IOWA CITY, ICWA JOHNSON Mum, IOWA ��//JJ By: 05 Chairperson Board of Supervii, ors Attest: /�,�t[.3•� County Auditor ��— Nmtaivnd S I'M or,.v.�. BY The lege( py NmeM 166Y r CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 June 30, 1986 Mary Jane Odell j Secretary of State Iowa State Capitol Building Des Moines, Iowa 50319 Dear Ms. Odell: The City of Iowa City, Johnson County and City and Yellow Cab Company have entered into a 28E Agreement for FY87 Seats Supplemental Taxi Service. Attached is the orginally executed Resolution authorizing the Agreement, with the originally executed Agreement. These documents have been recorded with the Johnson County Recorder. Yours very truly, CITY OF IOWA CITY Marian K. Karr, OIC City Clerk Enc. /49 a Mate of 3otna SATE CARR OLBUILD M° JkEretarp of 6tate °E=M°NEs'. °° 5,53B�SBW MARY JANE OOCLL aineg SECRETARY OT STATE ;)e5 July 3, 1986 Marian K. Karr, CMC City Clerk City of Iowa City Civic Center 410 E. Washington Street Iowa City, IA 52240 Re: 28E Agreement between the City of Iowa City, Johnson County and City and Yellow Cab company of Iowa City for FY 1987 Seats Supplemental Service. Dear Ms. Karr: We have received the above described agreement, pursuant o this office for filing, which you submitted t to the provisions of Chapter 28E, 1985 Code of Iowa.' You may consider the same filed as of 10:21 A.M., July 3, 1986. Cordially, Pe ane �e tary of State JUL 7 1986 MARIAN ERKARR GISY � a RESOLUTION N0, 86-188 RESOLUTION IN SUPPORT OF THE HERBERT HOOVER HIGHWAY WHEREAS, an effort is underway to revive the "Herbert Hoover Highway" desig- nation of a 42 -mile route between Lowden and Iowa City; and WHEREAS, the City Council of Iowa City agrees that this project could bring forth new interest in tourism and pride in local history; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the City of Iowa City is in support of the efforts to revive the designation of the Herbert Hoover Highway. It was moved by McDonald and seconded by Courtney the Resolution be adopted, an upon ro call there were: AYES: NAYS: ABSENT: X Ambrisco Baker X Courtney X Dickson R McDonald X X Strait X Zuber Passed and approved this 17th day of June 1986.1 ATTEST: :K Received & Approved Ey The tegal DepeMnen, � 6iio186 /o'° RESOLUTION NO. 86-189 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE IOWA DEVELOPMENT COMMISSION FOR IOWA COMMUNITY ECONOMIC BETTERMENT FUND- ING. WHEREAS, the Iowa Community Economic Betterment Account (CERA) program pro- vides grants and loans to cities to promote economic development and create long-term employment opportunities, and WHEREAS, Computer Aided Design Software, Inc. (CADSI) is seeking a grant for $100,000 to construct a new building in Iowa City for location of its busi- ness, and WHEREAS, it is a policy of Iowa City to pursue industries that are compatible with existing industries and the specific characteristics of the Iowa City labor force, and that have growth potential, and to promote the public health, safety, morals and general welfare, and WHEREAS, the development proposed by CADSI is consistent with all of these policies, and WHEREAS, the City will provide the administrative costs for the CEBA program and continue to support the efforts of First Capitol Development, Inc., the local non-profit development corporation, on behalf of this company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest the application to the Iowa Development Commission for an Iowa Community Economic Betterment Account grant in the amount of $100,000. It was moved by Court le and seconded by Baker the Resolution e a op a an upon roll call there were. AYES: NAYS: ABSENT: X Ambrisco —� Baker X Courtney X Dickson X McDonald --X-- Strait X Zuber Passed and approved this 17th day of June 1986. ATTEST: M, _7�1 - "4011.2 L I I Y_ LUKK boolvel & Approved By 1h Laed Zz 86 /07/ -i City of Iowa City MEMORANDUM Date: June 12, 1986 To: City Council From: Patt Cain, Associate Planner Q Re: Iowa Community Betterment Account Application The City has been approached about providing assistance to a small business wishing to expand into permanent facilities in Iowa City. The company is an excellent candidate for an application to Iowa's Community Economic Better- ment Account, and this memo presents background information and a suggested scenario for City Council action on behalf of this firm. THE COMPANY Computer Aided Design Software, Inc. (CADSI) is a developer and marketer of computer software for the analysis and design of mechanical systems. The firm was one of the first tenants in the Technology Innovation Center (TIC), the University of Iowa's business incubator located at the Oakdale Campus. Over the past two years, the company has expanded into all of the excess space that TIC has available for it. CADSI projects rapid growth over the next three years and is now looking for facilities adequate to accommodate this expansion. Because of the continuing relationship with the University of Iowa, close proximity to it is important. A search of the Iowa City area, however, has revealed no available existing facilities that would meet CADSI's needs. Therefore, in order to remain in the this area, the company proposes to construct a new building in Iowa City. For CADSI to take this step on its own would require the company to commit over $140,000 of its capital to the project. The company could not afford this commitment to construction at a time when its capital is needed to help maintain growth through personnel, equipment and research and development expenditures. THE ECONOMIC DEVELOPMENT ASSISTANCE PROGRAM The Community Economic Betterment Account (CERA) was established by the Lottery Bill to provide grants and loans to political subdivisions to aid in economic development that will create or retain jobs for Iowans. All cities, counties and merged area schools are eligible to apply for funding. CEBA funds may be used for: 1. Buy -downs on the interest or principal on a business loan; 2. Grants and loans to aid economic development; K 3. Site developments and infrastructure improvements directly related to a project resulting in new employment; and 4. Road construction costs directly supporting and assisting economic devel- opment. Applications are evaluated on the basis of applicant and state economic impacts in terms of jobs created and retained (both direct and indirect), limiteditoean awardaof $1 mill ion ns Approx mately match. $2.5Projects miillion isegenerally now avail- able for projects. Applications are accepted monthly by the Iowa Development Commission (IDC). A project review committee has 30 days for review and recommendation to the full Commission. A 30 -day extension may be requested by the project review committee if additional information is required from the applicant. For successful applicants, all contracts executed under this program are subject to audit. Submission of performance reports on a regular basis will be required by the IDC to assess the progress of program activities. THE PROPOSAL CADSI has planned an expansion which will create 36 new jobs within 24 months Of grant award. These jobs will be primarily in the areas of mechanical and computer nri.ng. haveThisure does begun, not include indirect job creation impacts, some of According to CADSI's projections, the company will need c $100,00a grant for principal or interest rate buy -down on a loan for construction of a new 6,000 square foot facility to house its expansion. investors re aindea mo of projegagtfromda ing will come from equity capital, private local bank. The City would provide the administrative costs necessary for the program (inclusion of contract in the regular audit and preparation of any performance reports required). If Council agrees to support the expansion of CAOSI as proposed, an applica- tion could be completed and submitted to the IDC by the end of this month for action at the regular Commission meeting in July. Adoption of the resolutioto n ld included in applicatCo ion formket to beusiigne ermit complete an appppd by the Mayor andksenthto IDCI ac- cording to this schedule. Representatives of CADSI and City staff will be present at the informal Council meeting on July 16 to discuss this item and to answer any questions. bj4/2 / Q �/ -1 RESOLUTION NO. 86-190 RESOLUTION TO RETAIN ATTORNEY JOHN W. HAYEK TO REPRESENT THE CITY IN THE INIriAiION OF A LAWSUIT AGAINST HERITAGE CABLE'VISION TO ENFORCE THE PROVISIONS OF THE FRANCHISE ASSIGNMENT AGREEMENT RELATING TO AN INCREASE IN THE FRANCHISE FEE AND TO FRANCHISEE SUPPORT FOR OPERATION OF PUBLIC ACCESS FUNCTIONS BY A NON-PROFIT ORGANIZATION. WHEREAS, Heritage Cablevision and the City of Iowa City did enter into an agreement on the 28th day of August, 1984, pursuant to which the City approved the assignment of the cable television franchise in Iowa City from Hawkeye Cable Vision Corporation to Heritage Cablevision, Inc., and pursuant to which Heritage Cablevision agreed to support the City's in- crease of the franchisee fee from 3% to 5%, and further agreed to provide financial support for operation of public access functions by a non-profit organization; and —Al WHEREAS, the City of Iowa City, Iowa did, on the 18th day of December, 1984, pass and approve Ordinance No. 84-3218, increasing the cable televi- sion franchise fee from 3% to 5%; and WHEREAS, Heritage Cablevision, Inc. has refused to honor its commitment, expressed in the previously mentioned agreement, to support and pay the increased franchise fee; and WHEREAS, efforts by City staff and representatives of Heritage Cablevision to resolve said dispute have not been successful, and the City has been unable to collect any part of said increased franchise fee; and WHEREAS, the City Council has been advised and does believe that it would be in the best interests of the City of Iowa City, Iowa to initiate suit against Heritage Cablevision to enforce the provisions of the aforemen- tioned agreement, and to retain Attorney John W. Hayek to represent the City in the initiation and prosecution of said suit. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY OF IOWA CITY, IOWA, that Attorney John W. Hayek is hereby retained to represent the City of Iowa City in the initiation of suit against Heritage Cablevision Inc. to en- force the provisions of the agreement approving the assignment of said franchise, and that Mr. Hayek be remunerated in the amount of $80 per hour for his representation of the City in this matter. It was moved by Dickson and seconded by the Resolution be adopted, an upon ro call there were: Baker Ived 8 APP Wgsl nt to/%spa'/ /p 7'2 -IJ, Page 2 AYES: NAYS: ABSENT: x Ambrisco x Baker x Courtney x Dickson v McDonald RESOLUTION IVO. 86-191 RESOLUTION TO RETAIN ATTORNEY JOHN W. HAYEK TO REPRESENT THE CITY OF IOWA CITY IN THE DEFENSE OF THE LAWSUIT ENTITLED ABRAHAM P. TAUCHNER. CONSERVATOR OF GERALD TAUCHNER. INCOMPETEAT=. WHEREAS, the City of Iowa City, Iowa has been named and served with origi- nal notice in a lawsuit entitled Abraham P. Tauchner, Conservator of Gerald Tauchner. Incomoetent vs. Allen R. Leff and Janet S. Leff- and the WHEREAS, the City's insurance carrier, Western, has by letter indicated its refusal to provide coverage and defense in said litigation; and WHEREAS, the City Attorney has recommended that the City Council retain outside counsel to defend the City in said lawsuit, and has recommended that the City retain Attorney John 14. Hayek for this purpose. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that Attorney John W. Hayek be and he is hereby retained to represent and defend the City in the aforementioned lawsuit, and that he be remunerated in the amount of $80 per hour for his representation of the City in this matter. It was moved by Baker and seconded by Courtney the Resolution be a opted, and upon rolT call there were: AYES: NAYS: ABSTAIN ABSENT: X Ambrisco X Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 17th day of June 1986. MAYOR 1 ATTEST: //I�„,„, � y{ j UJ CIT CLERK i /673 =1� RESOLUTION NO. 86-192 RESOLUTION AUTHORIZING SETTLEMENT AGREEME14T BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL ®610, TO BE EFFECTIVE JULY 1, 1986 THROUGH JUNE 30, 1987. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Association of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, (hereinafter the Union), have negotiated an agreement to be effective July 1, 1986, through June 30, 1987, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, it is in the interest of the City to enter into this settlement agreement which provides for considerations by the City and the Union to supplement the FY86 Collective Bargaining Agreement and for dismissal of pending Prohibited Practice Complaints by the Union, and WHEREAS, the City desires to approve the Agi.=aicnt, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above -referenced Settlement Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Settlement Agreement. It was moved by McDonald and seconded by Dickson the Resolution e adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Baker _x Courtney �_ Dickson �_ McDonald - Strait Zuber Passed and approved this 17th day of June 1986. 16 � A IAA OR ATTEST: P1 CITY RK rqmtvod A Apprr legal •nt w. o"7/8"� /,0714- -A, SETTLEMENT AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 610 MAY 2, 1986 The parties agree that it is in their interest that the following terms of agreement be enacted supplementary to the existing FY86 collective bar- gaining agreement, the effective term of the settlement agreement to be from July 1, 1986 to June 30, 1987. 1. Effective 7/1/86 the base pay of each step of the Iowa City Fire Department Firefighters, Lieutenants and Captains will be increased by 3.5%, said adjustment to become effective on the appropriate date as defined in Article XXVII, Section 1 of the FY86 collective bargaining agreement. 2. Parking permits. Members of the IAFF Local 610 bargaining unit shall be required to pay parking fees for permits in an amount equal to that charged other City employees who park in the Civic Center parking lot. 3. It is understood that the Fire Chief is contemplating recommending to the City Manager the purchase of the following clothing and equipment items for bargaining unit employees: A. T-shirts. B. Nomex hoods. C. Masks/face pieces. 4. Temporary vacancies. The Association agrees that it has no complaint as to the method of the Fire Chief in filling temporary vacancies which exist on 5/2/86. 5. FLSA. The Union does not object to the current method used by the City in paying FLSA monies. 6. The prohibited practice charge filed by the Association will be held in abeyance pending approval by the parties of this agreement. Should the agreement not be approved, the parties will continue the litiga- tion by submitting the case in affidavit and stipulated facts with the appropriate legal argument and without need for an actual on-site hearing. 7. If the terms of this agreement are approved, the underlying prohibited practice charge giving rise to this agreement shall be dismissed by the Association with prejudice. 8. It is understood that the remainder of the FY86 collective bargaining agreement between the parties will remain as is except as modified by the terms of this agreement and as required to make date changes in Articles XXVI, XXVII, and XXVIII. /0 7'i- _A1 t� CITY OF IOWA CITY Mayor Date: J e 17, M816 ATTEST: M1 -2- IOWA CITY ASSOCIATION OF PROFES- SIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL #610 *d_e_no� Date: / is. -A� RES. n� 193 June 17 , 1986 The City Council of Iowa City, Iowa, met in reetnUr session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 o'clock p .M., on the inothedchair,Tandethere present Mayor Ambrisco following named Coun—ciFMembers: Ambrisco Baker Courtney, Dickson McDonald. Absent: Strait Zuber x a + * * * a i -1- AMm f ivnxti Ibn...I Ibl°'", 1 11. A Allt.,. Wnl`°• IM` """ `n /O • J --A+ Council Member McDonald introduced the following resolution entitled "RESOLUTION APPROVING THE FUNDING TRUST AGREEMENT DATED JUNE 25, 1986, AND AUTHORIZING ITS EXECUTION", and moved that the resolution be adopted. Council Member Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Dickson, McDonald, Ambrisco, Baker, Courtney. NAYS: Strait, Zuber. Whereupon, the Mayor declared the resolution duly adopted as follows: 86-193 RESOLUTION APPROVING THE FUNDING TRUST AGREEMENT DATED JUNE 25, 1986, AND AUTHORIZING ITS EXECUTION WHEREAS, $3,100,000 Water Revenue Bonds, Series 1961, dated December 1, 1961, and $1,000,000 Water Revenue Bonds, Series 1967, dated June 1, 1967, have been sold at public sale for the purpose of improvements and extensions to the Municipal Waterworks Plant and System; and WHEREAS, in order to provide for the proper and timely application of money and investment income derived from the operation of the Utility for the payment of the principal and interest due on the Water Revenue Bonds, dated December 1, 1961 and June 1, 1967, (hereinafter "Funded Bonds"), it is necessary to enter into a Funding Trust Agreement and to enter into certain covenants with the holders of the Funded Bonds; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: Section 1. That the City Treasurer, is hereby appointed to serve as Trustee pursuant to the terms of the Funding Trust Agreement. Section 2. That the Funding Trust Agreement, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City of Iowa City, Iowa. The City Treasurer is authorized to sign the Agreement as Trustee thereunder. -2- AN— 0—,I 14rm r+lpr Ilrlr... ...... 1, A Alllxr IA n I.'rf.[NY NU,r— Ir n, , 0 77 PASSED AND APPROVED this 17th day of June , 1986. Mayor ATTEST: r- ORIGINAL THE CITY OF IOWA CITY, IOWA TO THE CITY TREASURER IOWA CITY, IOWA AS TRUSTEE FUNDING TRUST AGREEMENT Dated as of June 25, 1986 SECURING THE FOLLOWING OUTSTANDING BONDS OF THE CITY OF IOWA CITY, IOWA: $3,100,000 principal amount of Water Revenue Bonds, Series 1961, dated December 1, 1961, which bonds are now outstanding in the principal amount of $461,000, maturing on December 1st of the years 1986-1991, and bearing interest at the rate of 3.808 and 3.508; and $1,000,000 principal amount of Water Revenue Bonds, Series 1967, dated June 1, 1967, which bonds are now outstanding in the principal amount of $245,000, maturing on December 1st of the years 1987-1992, and bearing interest at the rate of 4.208. Nolen 11-1 W"... )nulliA Alllin',Inx.r r.ln'f".— 4 1 /D 7S � o, I -A' TABLE OF CONTENTS Article Number Title Page Preamble 2 Granting Clauses 2 Habendum 2 I. Definitions 3 II. Deposit of Money with Trustee and Purchase of U.S. Obligations 5 III. Proceeds of U.S. Obligations; Transfer Creation and Sources of Certain Funds; Application of Money and U.S. Obligations 5 IV. Reinvestments; Substitution of U.S. Obligations; Arbitrage Not Permitted 6 V. Covenants of the City and the Trustee 6 VI. Concerning the Trustee 7 r VII. Defeasance; Unclaimed Money 8 VIII. Miscellaneous Provisions 9 Testimonium and Execution 10 Schedules "A" and "B" 11 & 12 -1- Ahlrn, Crwrxr IbrorvL( 141rurt lrnrlb A Alllxv. Inx lr'n IFS A4xrx+ hnn /D75S a =d� ade a nto s of THIS FUNDING TRUST AGREEMENandbetweentheeCity oflas Trustee: IowaaCity, June 25, 1986, Treasurer ("Trustee"), Iowa ("City") and the City W I T N E S S E T H ty has heretofore issued certain Water WHEREAS, the Ci Revenue Bonds, consisting of two issues totaling 54,100,000 of which $706,000 are outstanding and which bonds are sometimes attached hereto ed to as "Funded Bonds" and which are more hereinafter referr definitely describe eofnbychethisles reference; and and made a part her WHEREAS by a resolution adopted by the City Council on une 17 1986 the City has provided for the funding of the "Funded Bonds"; and enues will be applied, WHEREAS accumulated Water rev together with otationsndescribedthe inuschedulef1c"latdtachedstates hereto ("U.S. Obligations"), which will mature at such times and in such amounts, including investment income therefrom, as will be sufficient to pay all Of the Funded Bonds, principal and interest; and WHEREAS in order to provide for the proper and timely application of such money and investment income ttorefrom to enter into the payment of the Funded Bonds, it is necessary this Funding Trust Agreement and to enter into certain Bonds nants with the holders from time to time of the Funded Bonds; N019, THEREFORE, the City, in consideration of the premises and of the acceptance by the Trustee of the trusts hereby aid by the Trustee at created, and of the sum of One Dollar ($1.00) lawful money of the United States of America to 'it du of these presents, and for or before the execution and delivery is the other qood and valuable consideration, the receipt of which is hereby acknowledged; and in order to secure the payment rant, principal of and interest on all oftlesethe Fpresenunded �snhereby according to their tenor and effect, does by convey, assign, transfer, sell, warrant, remise, release, and confirm, unto the alien, mortgage, pledge, set over singular the Trustee, and to its successors in the trustsall hereby created, and to itand its assigns forever described, sing property DIVISION I All right, title and interest of the City rand to the U.S. Obligations purchased from the money described in Article -2- 9 r..11, A AIII.r'r' 1m r r Ilrr \4rnv+ li n.0 / O ALlrn 4xrrx� IbmnLa IUpnr., x 1 I hereof, and more particularly described in Schedule IICII attached hereto and hereby made a part hereof. DIVISION II All right, title and interest of the City in and to all income, interest and increment derived from or accruing to the Investments described in Article II hereof. DIVISION III Any and all other property of every kind and nature from time to time hereafter, by delivery or by writing of any kind, conveyed, pledged, assigned or transferred as and for additional security hereunder by the City or by anyone in its behalf to the Trustee, which is hereby authorized to receive the same at any time as additional security hereunder. DIVISION IV All property which is by the express provisions of this Agreement required to be subject to the pledge hereof and any additional property that may, from time to time hereafter, by delivery or by writing of any kind, be subject to the pledge hereof, by the City or by anyone in its behalf, and the Trustee is hereby authorized to receive the same at any time as additional security hereunder. TO HAVE AND TO HOLD, all and singular, the trust estate, including all additional property which by the terms hereof has or may become subject to the encumbrances of this Agreement, unto the Trustee, and its successors and assigns, forever. In Trust, however, for the benefit and security of the holders from time to time of the Funded Bonds; but if the Funded Bonds shall be fully and promptly paid when due in accordance with the terms thereof and hereof, then this Agreement shall be and become void and of no further force and effect, otherwise the same shall remain in full force and effect, and upon the trusts and subject to the covenants and conditions hereinafter set forth. ARTICLE I Definitions Section 1.01. In addition to words and terms elsewhere definedi—This Agreement, the following words and terms as used in this Agreement shall have the following meanings, unless some other meaning is plainly intended: -3- AM (....... IAnxnl, It 1 11.A A11— Inupe. IRS lt—, limo / O • S -t a ..Agreement" shall mean this Funding Trust Agreement dated as of June 25, 1986, between the City and the Trustee; '• City" shall mean the City of Iowa City, a municipal corporation in Johnson County, Iowa; "Code" shall mean Internal Revenue Code of 1954, as amended; period of time beginning "Fiscal Year" shall mean the July 1 of each year and ending on the last day of June of the following year; "Minimum Balance" shall mean the minimum amount of money plus the face amount of U.S. obligations required to be maintained in the Funded Bonds Trust Fund while any of the Funded Bonds shall be outstanding and unpaid, and which minumum amount shall be not less than that which, including all income, interest and increment derived from or accruing to the U.S. obligations and without the need for any further investment or reinvestment, will be sufficient to retire all of the Funded Bonds as the same come due; "Funded Bonds'• shall mean the outstanding bonds of the City more particularly described in Schedules "A'• and .. B11 attached hereto; "State" shall mean the State of Iowa; "Trust Estate", "trust estate" or "pledged property" shall mean the property, rights and interest of the City which are subject to the lien of this Agreement or intended to be subject to the lien of this Agreement; "Trustee" shall mean the City of Iowa City, Iowa, acting by and through its City Treasurer and successors to that officer with respect to the trust imposed by this instrument. ,-U.S. obligations" shall mean the direct obligations of the United States Government constituting part of the Trust Estate and any other obligations of the United States Government substituted therefor in accordance with the provisions of Section 4.01 hereof; "Written Request" with respect torthe city Clerkshall of mean a or request in writing signed by by any other officer of the City satisfactory to the Trustee. -4- .. . ...... . b,­ 4- nro.dr..b,u s 1-11.1 AIIL—. l.mlen Ib hYxn+. Lixa D �� `y� Section 1.02. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Words importing and singular number shall include the plural number and vice versa unless the context shall otherwise indicate. The word "person" shall include corporations, associations, natural persons and public bodies unless the context shall otherwise indicate. Reference to a person other than a natural person shall include its successors. ARTICLE II DEPOSIT OF MONEY WITH TRUSTEE AND PURCHASE OF U.S. OBLIGATIONS Section 2.01. The City shall deposit with the Trustee, from the sources described below, in federal or otherwise immediately available funds, the following amounts of money:. (a) U.S. Obligations in the amount and as described in Schedule "C" attached hereto; (b) 797.25 in cash from funds of the City. Section 2.02. The money deposited with the Trustee pursuant to Section 2.01 hereof shall be applied by the Trustee as follows: (a) the amount of 797.25 shall be retained in cash; (b) the amount of 652,096.58 shall be used or purchase in the Trustee's own name U.S. Oblgations required to satisfy the requirements and purposes of this instrument. ARTICLE III PROCEEDS OF U.S. OBLIGATIONS; TRANSFER, CREATION AND SOURCES OF CERTAIN FUNDS; APPLICATION OF MONEY AND U.S. OBLIGATIONS Section 3.01. The Trustee shall receive payment for the matured principal of the U.S. Obligations, and the income, interest and increments therefrom, and the same shall be held and disposed of by the Trustee as herein provided. Section 3.02. There is hereby created a fund to be known as "Funded Bonds Trust Fund." There shall be deposited and held in said fund all money deposited with the Trustee pursuant to Section 2.01 hereof, and all of the U.S. Obligations acquired pursuant to Section 2.02 hereof; and there shall be -5- AN— 0-, Ilµr.r'. 1rrnA A A111.1-L+N•n IN, IW- lino 11075 f-" retained in said fund all income, interest and increment accruing from the U.S. obligations to the extent required for the payment of the principal of and interest on the Funded Bonds, or necessary to maintain the Minimum Balance therein. All of the money and the U.S. Obligations in said fund, except as herein otherwise expressly provided, are hereby irrevocably pledged to the payment of the principal of and interest on the Funded Bonds. Money in said fund shall be transferred as required to the respective Sinking Funds created for the payment of the Funded Bonds, and shall be applied to the payment of the principal of and interest on the Funded Bonds for the payment thereof when due, as summarized in Schedules "A" and "B" attached hereto and made a part hereof, on or before the principal and interest payment dates of the Funded Bonds as shown by the attached schedules. When none of the Funded Bonds and appurtenant coupons shall be outstanding, any balance then remaining in the Funded Bonds Trust Fund shall be transferred to the City. ARTICLE IV REINVESTMENTS; ARBITRAGE NOT PERMITTED Section 4.01. The Trustee shall have the power to sell, transfer, otherwise dispose of or request the redemption of the U.S. Obligations and to substitute therefor other direct obligations of the United States of America. The Trustee shall purchase such substitute U.S. Obligations with the proceeds derived from the sale, transfer, disposition or redemption of the U.S. Obligations so sold or otherwise disposed of. Any such transaction may be effected by the Trustee only if the Trustee shall have received a written opinion from a nationally recognized firm of certified public accountants that the substitution will not cause the amount of money and U.S. Obligations in the Funded Bonds Trust Fund to be reduced below the Minimum Balance. ARTICLE V COVENANTS OF THE CITY AND THE TRUSTEE Section 5.01. The Trustee will keep books of record and account in ww ich complete and correct entries shall be made of all transactions relating to the receipts, disbursements, allocations and application of the money and U.S. Obligations accruing to the Trustee hereunder, and such books shall be available for inspection at reasonable hours and under reasonable conditions by the holders of the Funded Bonds. -6- AW."S IrnIS, .Ihrrx1.N1 1r& A'11r 1-1' IF+ A4xra+ Irm. /to OW r� Section 5.02. within two months after the close of each Fiscal Year, the Trustee will prepare a complete financial statement covering receipts, disbursements, allocation and application of money and U.S. Obligations for such Fiscal Year. Section 5.03. The City will not sell, transfer, assign, pledge or otherwise dispose of or encumber all or any p at of the Trust Estate, except as provided in Section 4.01 hereof. Section 5.04. The City will, at its expense, execute, acknowledge, deliver, record, or file this Agreement and all and every such further acts, deeds, conveyances, mortgages, assignments, transfers, financing statements, continuation statements, and assurances as the Trustee shall require for the better assuring, conveying, pledging, assigning and confirming unto the Trustee the Trust Estate hereby pledged, or intended so to be, or which the City may be or may hereafter become bound to pledge, convey or assign to the Trustee, or for carrying out the intention or facilitating the performance of the terms of this Agreement. ARTICLE VI CONCERNING THE TRUSTEE Section 6.01. The liability of the Trustee for the payment of the principal of and interest on the Funded Bonds shall be limited to the Trust Estate. The recitals herein shall be taken as the statements of the City and shall not be considered as made by, or imposing any obligation or liability upon, the Trustee. The Trustee makes no representations as to the value, conditions or sufficiency of the Funded Bonds Trust Fund, or any part hereof, or as to the title of the City thereto, or as to the security afforded thereby or hereby, or as to the validity of this Agreement, and the Trustee shall incur no individual liability or responsibility in respect of any of such matters. Section 6.02. The Trustee may at any time resign with such the written consent of the City Council of the City. P resignation, the City shall promptly appoint a successor trustee in an instrument in writing executed by order of its City Council. If no successor trustee shall have been so appointed and have accepted an appointment within 60 days after such notice of resignation, the resigning Trustee may etition any court of competent jurisdiction for the appointment of a successor trustee. The court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee. -7- AW", . (nrrxY. IM�rxnlrt IIaY�.e.4nrrlI. & AlII-r Inxyrr..IN, AY.rx•.. I'.. 1,07s- -lk� Any successor trustee shall be a corporation organized and doing business under the laws of the United States or the State authorized under such laws to exercise corporate trust powers, having its principal office and place of business in the State, having a combined capital and surplus of at least $5,000,000, and subject to the supervision or examination by Federal or State authority. Any successor trustee shall execute, acknowledge and deliver to the City and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation of the trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts, duties and obligations of its predecessor in the trusts hereunder, with like effect as if originally named as trustee herein; but nevertheless, on the written request of the City or on the request of the successor trustee, the Trustee ceasing to act shall execute and deliver an instrument transferring to such successor trustee, upon the trusts herein expressed, all the rights, powers and trusts of the trustee so ceasing to act. Upon the request of any such successor trustee, the City shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights, powers and duties. Any predecessor trustee shall pay over to its successor trustee any unearned portion of the Trustee's fee hereunder. ARTICLE VII DEFEASANCE; UNCLAIMED MONEY Section 7.01. The covenants, liens and pledges entered into, created or imposed pursuant to this Agreement shall be fully discharged and satisfied when all of the Funded Bonds shall have been paid in full, both as to principal and interest. Section 7.02. Upon such discharge and satisfaction this Agreement shall cease, determine and become null and void. Any successor Trustee shall, upon the written request of the City, and upon receipt by the successor Trustee of an officer's certificate from the City and an opinion of counsel, each stating that in the opinion of the signers all conditions precedent to the satisfaction and discharge of this Agreement have been complied with, forthwith execute proper instruments acknowledging sa'"-faction and discharge of this Agreement. AhhA 0...l. Ibronlri IYIm. a A111-1111-1' . IN' 'N"" Lm. / O 7r T._ Section 7.03. Notwithstanding any other provision of this Agreement, any money held by the Trustee hereunder in trust for the payment of the principal of and interest on the Funded Bonds, and remaining unclaimed for ten years after the principal of all said bonds shall have become due and payable, shall then be repaid to the City upon its written request, and the holders of such bonds shall thereafter be entitled to look only to the City for the repayment thereof, and liability of the Trustee with respect to such money shall thereupon cease. In the event of the repayment of any such money to the City as aforesaid, the holders of the bonds secured hereby with respect to which such money was deposited shall thereafter be deemed to be unsecured creditors of the City, without interest. Notwithstanding the foregoing the Trustee, shall, upon the written request of the City repay such money to the City at any time earlier than ten years, if failure to repay such money to the City within such earlier period shall give rise to the operation of any escheat statute under applicable State law. ARTICLE VIII MISCELLANEOUS PROVISIONS Section 8.01. Nothing in this Agreement expressed or implied is intended or shall be construed to give to any person other than the City, the Trustee and the holders of the Funded Bonds, any legal or equitable right, remedy or claim under or in respect to this Agreement or any covenants, conditions or provisions therein or herein contained; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the City, the Trustee and the holders of said bonds. Section 8.02. Whenever in this Agreement the giving of notice by mail or otherwise shall be required, the giving of such notice may be waived in writing by the person entitled to receive such notice and in any such case the giving or receipt of such notice shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Section 8.03. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. -9- ALl,n Carnq.INv—k4lbYr.¢ \nnIL A Allt—� Uxp•n.IMl µr1.1.9— /0 7S Section 8.09. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and such counterparts, or as many of them as the City and the Trustee shall preserve undestroyed, shall together constitute but one and the same instrument. Section 8.05. This Agreement shall be governed exclusively by the provisions hereof and by the applicable laws of the State. Section 8.06. Whenever any act is required by this Agreement to be done on a specified day or date, and such day or date shall be a day other than a business day, then such act may be done on the next succeeding business day. IN WITNESS WHEREOF, the City has caused these presents to be signed in its name and behalf by its Mayor and its seal to be impressed hereon and attested by its Clerk and to evidence its acceptance of the trusts hereby created the Trustee has caused these presents to be signed in its name and behalf by one of its duly authorized trust officers, its official seal to be impressed hereon and attested by one of its authorized officers, all as of the 25th day of. but actually on June 17 , 19 86 HE CITY OF IOW�CITY, IO4]A Mayor Attest: (SEAL) City Treasurer of the City of Iowa City, Iowa as Trustee By. a �xq= 0 f sti Attest: xL' •�i� J Aut orized Officer (SEAL) 29C W,,, Cnn^t. 'Up..,".0, A AIIWw, l.nl"n.On AW—,1-1 l0 W r I SCHEDULE A To IOWA CITY Funding Trust Agreement City Treasurer, Iowa City, Iowa Funded Bonds $3,100,000 principal amount of Water Revenue Bonds, dated December 1, 1961, which bonds are now outstanding in the principal amount of $461,000, maturing on December 1st of the years 1986-1991, and bearing interest at the rates shown below: Principal Interest Maturity Amount Rate December 1st $ 70,000 3.808 1986 127,000 3.808 1987 70,000 3.808 1988 114,000 3.808 1989 45,000 3.808 1990 35,000 3.508 1991 -11- Ahlm C x -y IN) .... rt 141n1 S1n-111A Alllxm.IenN'n fAa ANxnt�. Lm, 'Q 7S 01 -A� G -A; SCHEDULE B To IOWA CITY Funding Trust Agreement City Treasurer, Iowa City, Iowa Funded Bonds $1,000,000 principal amount of Water Revenue Bonds, dated June 1, 1967, which bonds are now outstanding in the principal amount of $245,000, maturing on December 1st of the years 1987-1992, and bearing interest at the rates shown below: Principal Interest Maturity Amount Rate December 1st $50,000 4.208 1987 50,000 4.208 1988 45,000 4.208 1989 -- --.. ....., i Ann SCHEDULE C To IOWA CITY Funding Trust Agreement City Treasurer, Iowa City, Iowa Funded Bonds U.S. Obligations Required to the Purchased Pursuant to Section 2.02 (b): Type of Principal Maturity Interest Obligation Amount Date Rate STRIP 56,000 USTN 135,000 USTN 90,000 USTN 135,000 USTN 57,000 USTN 66,000 USTN 33,000 11/15/86 0.000000 11/15/87 11.000000 11/15/88 11.750000 11/15/89 12.750000 11/15/90 13.000000 11/15/91 14.250000 11/15/92 10.500000 -13- NAr. .. nr�.•w. r..� i4rr.. vrvrr��.ill., iArr .rr. �.. ..... i.n• /o As f._ CIG -3 4-85 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 17th _ day of June , 1986. SEAL Cit Clerk, Iowa City, Iowa A1.I1m 0-1 Ibrv..I., 1U,. fn Ih A A111.1t b.1en k' 'U"" Imu ,O ?S i Posted: 6/13/86 @ 4:00 p.m. did Removed: 6/18/86 @ 9:30 a.m. did (This Notice to be posted) QRIGIP�r�L NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: June 17, 1986 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: $706,000 Water Revenue Bonds. - Resolution Approving the Funding Trust Agreement Dated June 25, 1986, and Authorizing Its Execution Such additional matters as are set forth on the addi- tional 21 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Iowa City, Iowa eWd " f...nn. (W—W 'b" 51,111, A Aller. b.pm. Il. Mmnc LM, /0 7s / d J City of Iowa City MEMORANDUM Date: June 13, 1986 To: City Council From: Rosemary Vitosh, Acting Assistant City Manager`J� :)-�4J Re: Defeasance of Water Revenue Bonds The City's outstanding water revenue bonds were issued in 1961 and 1967 and have maturities through FY93. There are currently sufficient monies in the balances of the water bond reserve funds to establish a trust fund which would be suffi- cient to pay all future scheduled principal and interest on the outstanding water revenue bonds. The establishment of such a trust fund would be beneficial for several reasons. Total future debt service payments on the outstanding water revenue bonds amount to $789,349. This includes $706,000 in principal and $83,349 in interest costs. These bonds carry interest rates of between 3.5% to 4.2%. Because the trust fund can be invested at higher interest rates, the City will need to place only $646,500 in the trust fund which along with future interest earnings will then be sufficient to pay all future debt service payments. In order to benefit from the interest earnings from the trust fund, the City will not call any bonds prior to their maturity dates. By using existing funds to establish the trust account, it will not be necessary the to pay debt service costs on the water revenue bonds from operating revenues over t defease the seven original bond nr solutions orh releasel them City from, theucovenants sof the bond resolution. This will mean that the required annual transfers to the bond reserves (Operating Reserve and Bond and Interest Reserve) will not be necessary in the future. These annual transfers would also have been paid from operating revenues and through FY93 would have amounted to $318,000. We will continue to make annual transfers of $30,000 to the Depreciation, Improvement and Extension Reserve to provide a limited amount of funding for future needs. By establishing the trust fund we will decrease the operating revenue needed in in the next seven years by $1,107,349 ($789,349 in debt service costs and $318,000 reserve fund ($646,500), total savings gtouthe hwaterusystem wunt to beillsbe $460,849• Iteshtrust ould be noted that these savings were take into consideration for the establishment of the proposed water rate increases which would be effective this summer. I therefore recommend that the City proceed with the establishment of this trust fund. The resolution on the agenda authorizes the execution of the trust agree- ment which provides for the City Treasurer to act as custodian of the trust fund. Schedule C and other references in the agreement to the amount of securities and monies to be placed in the trust fund will be filled in when the security pur- chase date is set so that actual market prices may be used. AI/sp /to